ROBERT W. WOODRUFF
LIBRARY
JOURNAL
OF
THE HOUSE OF DELEGATES
OF THE
STATE OF VIRGINIA,
FOR THE
SESSION OF 1865-66.
Richmond :
ALLEGRE & GOODE, PRINTERS,
1865.
JOURNAL.
MONDAY, December 4, 1865.
This day being the time fixed by law for the assembling of the
. m tieral assembly, the clerk called the house of delegates to order at
2 ^ o'clock M.
o The roll was then called, and the following gentlemen answered to
f fir names:
J, fQ lessrs. R. P. Atkinson, J. B. Baldwin, G. Baylor, C. S. Beckhem, R. M. Bently. G. W.
C ker, D. W. K. Bowles, J. S. Braxton, F. R. Brown, G. J. Browning, W. M. Cabell, A.
5 lark, W. T. Clark, T. D. Childress, T. J. Christian, F. H. Daniel, R. B. Davis, J. S.
C ison, Z. W. Davidson, G. W. Deskins, W. J. Dickenson, C. W. C. Dunnington, J. A.
^ lish, J. Fields, M. Garnett, B. F. Garrett, R. Gibboney, R. J. Glendy, A, Graham, P. R.
^ ,tan, A. W. Graves, W. H. Gray, A. S. Hancock, J. M. Harris, W. H. Hansbrough, E. T.
0 ■ ly, H. B. Harnsberger, C. Herndon, P. J. Holmes, T. A. Jackson, W. T. Joynes, T. H.
c ^ am, G. H. Kendrick, T. J. Kilby, N. M. Lee, D. W. Lewis, J. Long, L. T. Mann, J.
E U J]all, W. McDonald, J. S. Magill, W. H. E. Merritt, G. A. Miller, N. B. Moore, V. S.
2 ib ?an, J. 0. Morris, T. Y. Mosby, S. H. Newberry, W. L.-Owen, J. W. Parsons, J. Pat-
Si O n> J- F. Peed, A. G. Pendleton, J. R. Purdy, D. C. Ragsdale, H. Riggs, B. F.
y, T. R. Robertson, W. T. Scott, S. Smith, F. Stearns, S. L. Straughan, J. McDowell
0 O 5r> J- Teeter, W. F. B. Taylor, W. G. Thompson, W. W. Townes, J. Trout, W. A. Turner,
"5 U irner, J. A. Waddell, J. F. Wall, F. N. Watkins, J. J. White, D. A. Wilson, L. F.
■0 . i, J. Wood, jr., J. C. Woodson, T. J. Wooldridge, W. E. M. Word and W. R. B.
» t «-«•
Q *
E q quorum being present, the clerk announced the first order of
^ Z ness to be the election of a clerk.
► u ,r. Grattan nominated Mr. J. Bell Bigger of the city of Bich-
u >- ^.
2 .r. Wilson nominated Mr. Wm. F. Gordon, jr., of the county of
« ^ 3marle.
1 a he roll was then called, with the following result:
— jj
r Mr. Bigger—Messrs. Atkinson, Beckhem, Booker, Braxton, Brown, W. T. Clark,
6 "J ress, Davison, Davidson, Deskins, Dunnington, Fields, Garnett, Glendy, Grattan,
? ^ ock, Herndon, Jackson, Kellam, Kilby, Lee, Lewis, Mann, McDonald, Merritt,
a ? r, Moore, Morgan, Morris, Owen, Parsons, Patterson, Peed, Purdy, Ragsdale, Scott,
2 Straughan, W. F. B. Taylor, Townes, Trout, Wall, Watkins, White, Woltz,
— |Z dridge and Wyatt—47.
'£ •< r Mr. Gordon—Messrs. Baldwin, Baylor, Bently, Bowles, Browning, Cabell, A. J.
_ Z & Daniel, Davis, Dickenson, English, Garrett, Gibboney, Graham, Graves, Gray,
g is, Hansbrough, Hardy, Harnsberger, Holmes, Joynes, Kendrick, Long, Marshall,
0 !{J 111, Mosby, Newberry, Pate, Pendleton, Riggs, Rixey, Robertson, Stearns, J.
F owell Taylor, Teeter, Thompson, W. A. Turner, %. Turner, Waddell, Wilson, Wood,
ison and Word—44.
n Ir. Bigger having received a majority of all the votes cast, was
Q :eupon "declared duly elected clerk of the house of delegates, and
Z Grattan and Mr. Garnett were appointed a committee to inform
3 . of his election and conduct him to his seat.
0
4
JOURNAL OF THE HOUSE OF DELEGATES.
The house next proceeded to the election of a speaker when,
Mr. Grattan nominated Mr. E. N. Watkins of Prince Edward, and
Mr. Word nominated Mr. John B. Baldwin of Augusta.
The roll was called, with the following result:
For Mr. Watkins—Messrs. Atkinson, Baldwin, Beckhem, Bently, Booker, Bowles,
Brown, Cabell, A. J. Clark, W. T. Clark, Daniel, Davison, Deskins, Dunnington, English,
Fields, Garnett, Garrett, Graham, Grattan, Hardy, Jackson, Joynes, Kilby, Lee, Lewis,
Merritt, Miller, Morris, Mosby, Owen, Parsons, Peed, Ragsdale, Robertson, Scott, Smith,
Stearns, Straughan, J. McDowell Taylor, W. F. B. Taylor, Townes, Z. Turner, White
and Wyatt—45.
For Mr. Baldwin—Messrs. Baylor, Braxton, Browning, Childress, Christian, Davis,
Davidson, Dickenson, Gibboney, Glendy, Graves, Gray, Hancock, Harris, Hansbrough,
Harnsberger, Herndon, Holmes, Kendrick, Long, Mann, Marshall, McDonald, Magill,
Moore, Morgan, Newberry, Pate, Patterson, Pendleton, Purdy, Rixey, Teeter, Thompson,
Trout, W. A. Turner, Waddell, Wall, Watkins, Wilson, Woltz, Wood, Woodson, Wooldridge
and Word—45.
For Mr. Joynes—Mr. Kellam—1.
Neither gentleman receiving a majority of the votes cast, the roll
was again called, with the following result:
For Mr. Baldwin—Messrs. Baylor, Bently, Braxton, Browning, Childress, Christian,
Davis, Davidson, Dickenson, Gibboney, Glendy, Graves, Gray, Hancock, Harris, Hans¬
brough, Harnsberger, Herndon, Holmes, Jackson, Kellam, Kendrick, Long, Mann, Mar¬
shall, McDonald, Magill, Moore, Morgan, Newberry, Parsons, Pate, Pendleton, Purdy,
Rixey, Teeter, Thompson, Trout, W. A. Turner, Waddell, Wall, Watkins, Wilson, Woltz,
Wood^ Woodson, Wooldridge, Word and Wyatt—49.
For Mr. Watkins—Messrs. Atkinson, Baldwin, Beckhem, Booker, Bowles, Brown, Ca¬
bell, A. J. Clark, W. T. Clark, Daniel, Davison, Deskins, Dunnington, English, Fields,
Garnett, Garrett, Graham, Grattan, Hardy, Joynes, Kilby, Lee, Lewis, Merritt, Miller,
Morris, Mosby, Owen, Patterson, Ragsdale, Riggs, Robertson, Scott, Smith, Stearns,
Straughan, J. McDowell Taylor, W. F. B. Taylor, Townes, Z. Turner and White—42.
For Mr. Joynes—Mr. Kellam—1.
Mr. Baldwin having received a majority of all the votes cast, was
duly elected speaker of the house of delegates, and being conducted
to the chair by Messrs. Word, Woodson and Watkins, returned his
acknowledgments to the house.
Mr. Grattan submitted the following resolution:
Resolved, That the rules of the house of delegates of 1858-59 be
adopted ak the rules of this house, with the following amendments
thereto, viz:
1st. That the 11th rule be amended by striking out in the iirst line
" thirteen," and inserting " ten."
2d. That the 20th rule be amended by striking out in the second
line " twenty," and inserting " fifteen."
Mr. Bently submitted the following amendment to the resolution
of Mr. Grattan:
Strike out the whole thereof, and insert the following:
" Resolved, That the rules adopted lor the government of the house
of delegates in 1859 and 1860 be adopted for the present house so
far as applicable under the new constitution, and that the same^be
referred to a select committee, with instructions to revise and adapt
the same to the said constitution."
The question being on agreeing to the amendment, it was
• .1 or* j • UvCiUvll
in the affirmative.
JOURNAL OF THE HOUSE OF DELEGATES.
5
The question recurring on agreeing to the resolution as amended,
it was decided in the affirmative.
The house then proceeded to the election of a sergeant-at-arms.
Mr. Turner nominated Mr. R. W. Burke of Augusta.
Mr. Stearns nominated Mr. R. G. Banks of Warwick.
Mr. Woodson nominated Mr. J. W. Hester of Richmond.
Mr. Robertson nominated Mr. P. Claughton of Alexandria.
The roll was then called, with the following result:
For Mr. Burke—Messrs. Baldwin (speaker), Atkinson, Baylor, Bently, Bowles, Brown,
Browning, Cabell, Christian, Davis, Davison, Dunnington, Garnett, Garrett, Glendy,
Graham, Graves, Hardy, Herndon, Holmes, Kilby, Lee, Lewis, Long, Mann, Marshall,
Miller, Morris, Mosby, Owen, Patterson, Purdy, Rixey, J. McDowell Taylor, Z. Turner,
Waddell, Wall, Wilson, Wood and Wyatt—40.
For Mr. Banks—Messrs. Stearns and White—2.
For Mr. Nowlin—Messrs. Beckhem, Booker, A.J. Clark, W. T. Clark, Childress, David¬
son, Deslcins, Dickenson, Fields, Gibboney, Hancock, Jackson, Joynes, Kendrick, McDo¬
nald, Magill, Merritt, Moore, Morgan, Newberry, Parsons, Pate, Peed, Pendleton, Rags-
dale, Riggs, Scott, Smith, Teeter; W. F. B. Taylor, Townes, Trout, Watkins, Woltz and
Word—35.
For Mr. Hester—Messrs. Daniel, Grattan, Harnsberger, Thompson, W. A. Turner,
Woodson and Wooldridge—7.
For Mr. Claughton—Messrs. Braxton, English, Gray, Kellam, Robertson and
Straughan—6.
No gentleman receiving a majority of all the votes cast, and the
name of Mr. Claughton being dropped under the rule, the roll was
again called, with the following result:
For Mr. Burke—Messrs. Baldwin (speaker), Atkinson, Baylor, Bently, Bowles, Brown,
Browning, Cabell, Christian, Davis, Davison, Dunnington, Garnett, Garrett, Glendy, Gra¬
ham, Grattan, Graves, Hansbrough, Hardy, Herndon, Holmes, Kilby, Lee, Lewis, Long,
Mann, Marshall, Miller, Morris, Mosby, Owen, Patterson, Purdy, Rixey, Stearns, Straughan,
J. McDowell Taylor, Z. Turner, Waddell, Wall, White, Wilson, Wood, Wooldridge and
Wyatt—46.
For Mr. Nowlin—Messrs. Beckhem, Booker, A. J. Clark, W. T. Clark, Childress, Daniel,'
Davidson, Deskins, Dickenson, Fields, Gibboney, Gray, Hancock, Jackson, Joynes, Kel¬
lam, Kendrick, McDonald, Magill, Merritt, Moore, Morgan, Newberry, Parsons, Pate,
Peed, Pendleton, Ragsdale, Riggs, Scott, Smith, Teeter, W. F. B. Taylor, Townes, Trout,
Watkins, Woltz and Word—38.
For Mr. Hester—Messrs. Harnsberger, Thompson,'W. A. Turner and Woodson—4.
Mr. Burke having received a majority of all the votes cast, was de¬
clared duly elected sergeant-at-arms of the house of delegates.
The house then proceeded to the election of a first doorkeeper.
Mr. Wyatt nominated Mr. John 0. Chiles of Richmond.
Mr. Robertson nominated Mr. W. M. Keblinger of Albemarle.
Mr. Taylor nominated Mr. 8. H. Patterson of Rockbridge.
Mr. Mann nominated Mr. W. H. Hopkins of Bath.
The roll was then called, with the following result :
For Mr, Keblinger—Messrs. Baylor, Booker, Browning, Cabell, Christian, Childress,
Daniel, Dickenson, Dunnington, English, Gibboney, Graves, Harris, Harnsberger, Holmes,
Joynes, Kilby, Lewis, Moore, Pate, Purdy, Rixey, Robertson, Scott, Smith, W. F. B.
Taylor, Thompson, Trout, W. A. Turner, Z. Turner, Waddell, Wilson, Woltz, Wood
and Word—35.
For Mr. Chiles—Messrs. Beckhem, Bently, Clark, Davis, Davidson, Deskins, Garnett,
Grattan, Gray, Hansbrough, Hardy, Herndon, Kellam, Kendrick, Lee, Long, McDonald,
Merritt, Miller, Morgan, Parsons, Patterson, Ragsdale, Riggs, Stearns, Teeter, Townes,
Watkins, White, Woodson, Wooldridge and Wyatt—32.
For Mr. Patterson—Messrs. Atkinson, Garrett, Graham, Hancock, Morris, Owen and
J. McDowell Taylor—7.
6
JOURNAL OF THE HOUSE OF DELEGATES.
For Mr. Hopkins—Messrs. Baldwin (speaker), Bowles, Brown, Davison, Fields, Glendy,
Jackson, Mann, Marshall, Magill, Mosby, Newberry, Peed, Pendleton, Straugban and
Wall—15.
No gentleman having received a majority of all the votes cast, and
the name of Mr. Patterson having been dropped under the rule, the
roll was again called, with the following result:
For Mr. Keblinger—Messrs. Baylor, Booker, Brown, Browning, Cabell, Christian, Chil¬
dress, Daniel, Dickenson, Dunnington, English, Gibboney, Graves, Gray, Harris, Harns-
berger, Holmes^ Joynes, Kilby, Lewis, Moore, Pate, Purdy, Robertson, Scott, Smith,
W. F. B. Taylor, Thompson, Trout, W. A. Turner, Z. Turner, Waddell, Wilson, Woltz,
Wood and Word—36.
For Mr. Chiles—Messrs. Atkinson, Beckhem, A. J. Clark, W. T. Clark, Davis, Davidson,
Deskins, Garnett, Garrett, Grattan, Hancock, Hansbrough, Hardy, Herndon, Kellam, Ken-
drick, Lee, Long, McDonald, Merritt, Miller, Morgan, Morris, Mosby, Owen, Parsons,
Patterson Ragsdale, Riggs, Stearns, Teeter, Townes, Watkins, White, Woodson, Wool-
dridge and Wyatt—37.
. For Mr. Hopkins—Messrs. Baldwin (speaker), Bently, Bowles, Braxton, Davison, Fields,
Glendy, Graham, Jackson, Mann, Marshall, Magill, Newberry, Peed, Pendleton, Rixey,
Straughan, J. McDowell Taylor and Wall—19.
No gentleman having received a majority of all the votes cast, and
the name of Mr. Hopkin^ having been dropped under the rule, the
roll was again called, with the following result:
For Mr. Keblinger—Messrs. Baldwin (speaker), Baylor, Bently, Booker, Brown, Brown¬
ing, Cabell, Christian, Childress, Daniel, Davison, Dickenson, Dunningtpn, English, Gibbo¬
ney, Glendy, Graham, Graves, Gray, Harris, Harnsberger, Herndon, Holmes, Jackson,
Joynes, Kilby, Lewis, Mann, Marshall, Magill, Moore, Pate, Peed, Purdy, Rixey, Robert¬
son, Smith, J. McDowell Taylor, W. F. B. Taylor, Thompson, Trout, W. A. Turner, Z.
Turner, Waddell, Wall, Wilson, Woltz, Wood and Word—-19.
For Mr. Chiles—Messrs. Atkinson, Beckhem, Bowles, Braxton, A. J. Clark, W. T.
' Clark, Davis, Davidson, Deskins, Fields, Garnett, Garrett, Grattan, Hancock, Hansbrough,
Hardy, Kellam, Kendrick, Lee, Long, McDonald, Merritt, Miller, Morgan, Morris, Mosby,
Newberry, Owen, Parsons, Patterson, Pendleton, Ragsdale, Riggs, Scott, Steams,
Straughan, Teeter, Townes, Watkins, White, Woodson, Wooldridge and Wyatt—43.
Mr. Keblinger having received a majority of all the votes cast, was
declared duly elected first doorkeeper of the house of delegates.
The following message, by Mr. Boiling, was received from the
senate:
Resolved, That the house of delegates be informed that the senate
is now organized, and, with the consent of the house of delegates,
that a joint committee be appointed, consisting of three members on
the part of the senate and five members on the part of the house, to
inform the governor that both houses of the general assembly are
organized, and that the general assembly is ready to receive any com¬
munication he may desire to make.
On motion, the resolution of the senate was concurred in and the
speaker appointed as the committee on the part of the house Messrs.
Watkins, Wilson, Stearns, Harnsberger and Joynes. '
The house then proceeded to the election of second doorkeeper.
Mr. Herndon nominated Mr. Leon Levy of Spotsylvania.
Mr. Patterson nominated Mr. George Wilson, jr., of Botetourt
Mr. Wooldridge nominated Mr. Leake of Hanover.
Mr. Lee nominated Mr. Winfree of Richmond.
Mr. Robertson nominated Mr. Hopkins.
The roll was then called, with the following result:
journal of the house of delegates.
7
For Mr. Wilson—Messrs. Beckhem, Bently, Booker, Brown, Browning, Cabell, W. T.
Clark, Childress, Davison, Davidson, Deskins, Dickenson, Garrett, Gibboney, ,Graves,
Hardy, Kendrick, Kilby, McDonald, Miller, Moore, Morris, Owen, Parsons, Patterson,
Pendleton, Purdy, Ragsdale, Riggs, Stearns, Teeter, W. F. B. Taylor, Trout, W. A. Tur¬
ner, Z. Turner, Watkins, White, Wilson, Woltz and Wood—40.
For Mr. Winfree—Mr. Lee—1.
For Mr. Hopkins—Messrs. Baldwin (speaker), Atkinson, Baylor, Bowles, Braxton,
A. J. Clark, Daniel, Dunnington, English, Garnett, Glendy, Graham, Gray, Hancock, Har¬
ris, Holmes, Joynes, Long, Mann, Magill, Morgan, Mosby, Pate, Peed, Robertson, Smith,
Straughan, J. McDowell Taylor, Thompson, Waddell, Wall, Woodson and Word—33.
For Mr. Leake—Messrs. Fields, Grattan, Marshall, Newberry, Rixey, Wooldridge and
Wyatt—7.
For Mr. Levy—Messrs. Davis, Hansbrough, Herndon, Kellam, Lewis, Merrit£, Scott
and Townes—8.
No person having received a majority of all the votes cast, the
name of Mr. Winfree was dropped under the rule; the name of Mr.
Leake was withdrawn by Mr. Wooldridge, and the roll was again
called, with the following result:
For Mr. Wilson—Messrs. Beckhem, Bently, Booker, Brown, Cabell, W. T. Clark, Chris¬
tian, Childress, Davison, Davidson, Deskins, Dickenson, Fields, Garrett, Gibboney, Grat¬
tan, Graves, Hansbrough, Hardy, Harnsberger, Jackson, Kellam, Kendrick, Kilby, Lee,
Lewis, McDonald, Miller, Moore, Morris, Owen, Parsons, Patterson, Pendleton, Purdy,
Ragsdale, Riggs, Stearns, Teeter, W. F. B. Taylor, Townes, Trout, W. A. Turner, Z.
Turner, Watkins, White, Wilson, Woltz and Wood—49.
For Mr. Hopkins^—Messrs. Baldwin (speaker,) Atkinson, Baylor, Bowles, Braxton,
Browning, A. J. Clark, Daniel, Davis, Dunnington, English, Garnett, Glendy, Graham,
Gray, Hancock, Harris, Holmes, Joynes, Long, Mann, Marshall, Magill, Merritt, Morgan,
Mosby, New- berry, Pate, Peed, Rixey, Robertson, Scott, Smith, Straughan, J. McDowell
Taylor, Thompson, Waddell, Wall, Woodson, Wooldridge, Word and Wyatt—42.
Mr. Wilson having received a majority of all the votes cast, was
declared duly elected second doorkeeper of the house of delegates.
Mr. Watkins, from the committee on the part of the house, ap¬
pointed to wait upon the governor, reported that the committee had
discharged their duty, and had been informed by the governor that
he would, in a few minutes, communicate to the house a message in
writing.
Subsequently, the message was presented to the house by the secre¬
tary of the commonwealth, and read as follows:
EXECUTIVE DEPARTMENT,
Richmond, Va., Dec. 4, 1865.
Gentlemen of the Senate and House of Delegates:
By the dispensation of Divine Providence, the people of
our state once more enjoy peace with some of its blessings, though
the public mind is still in an unsettled condition. The four years of
bloody strife and revolution through which we have passed, and the
destruction of African slavery, have in part unsettled the labor of the
state; yet in many sections a fair crop has been gathered, which, by
prudence and economy, will furnish bread for the people until another
harvest.
The constitution makes it my duty to communicate to you ,the
condition of the commonwealth, and to recommend for your conside¬
ration such measures as I may deem necessary and proper for the
8
JOURNAL OF THE HOUSE OF DELEGATES.
promotion of tlie common welfare. In the performance of this duty,
the first, and one of the most important of the subjects to which I
shall call your attention, is
The Public Debt.
The amount of state bonds registered and bearing
interest at six per cent, is - 21,888,398 38
Kegistered five per cent, bonds, - - 108,000 00
Six per cent, coupon bonds, - 11,108,000
Five per cent, coupon bonds, payable
in London, - - 1,865,000
21,996,398 38
12,973,000 00
Aggregate amount, - 34,966,398 38
Interest outstanding and unpaid July 1st, 1865, 5,071,337 29
Add guaranteed bonds, by which the state is liable
and will have to pay, - ' - 822,855 00
Interest thereon to July 1st, 1865, - - 197,726 20
Making an aggregate up to July 1st, 1865, - $41,061,316 87
Assets of the State.
Stocks in the railroads, - - 18,649,843 34
Seven per cent, bonds loaned to railroads, - 3,093,333 33
Add four years' interest, - - 866,133 20
$22,709,319 87
Of the above stocks there is expended in railroads, from which it
is not probable that the state will derive any income—for many years
at least—and which should be deducted from the estimate of avail¬
able assets of the state, $ 7,359,946 52. It is hoped that in time
the residue of these stocks and bonds may be made available to the
commonwealth.
Banks.
The state had invested in the several banks of the commonwealth:
In the name of the commonwealth, - - 2,243,100
In the name of the Board of public works, - 1 003,850
In the name of the Literary fund, - - 363,070
Making an aggregate of - $ 3,710,020
Of these stocks the state holds, in the name of the Literary fund
$ 50,000 in the Fairmont Bank, which is supposed to be c00d and
$ 374,000 in the Northwestern Bank, $50,000 of which belongs to
JOUKNAL OF THE HOUSE OF DELEGATES.
9
the Literary fund. #■ The last named hank has gone into liquidation,
and^ it cannot he known, until its accounts are settled, what will be
realized hy the state on this investment. The residue of the hank
stocks held hy the state was in the Bank of Virginia, the Farmers
Bank of Virginia, the Exchange Bank of Virginia, and the Bank of
the Valley, all of which, it is believed, is lost to the state. Some of
these hanks will only be able to pay a small per centum on their cir¬
culation. In addition to these, there are a number of independent
hanks in the state. Some of the latter were based on state stocks, on
the same principle as the present national hank system. They were
permitted to issue, in circulation, eighty per centum on the amount
of the stock held hy the hank—the remaining twenty per cent, was
required to he kept in specie. I am informed that some of these
hanks have preserved part of their assets, and, hut for the deprecia¬
tion of the state bonds, would he able to redeem all their notes at par.
Others of them invested largely in Confederate bonds, and exchanged
their state stocks for Confederate bonds, and consequently their circu¬
lation is of little value. By the terms of the charters of these state
stock banks, they were required to deposit eighty per cent, of their
stock in state bonds with the treasurer of the commonwealth as as
security to their noteholders. The treasurer was authorized to deliver
to the hank, at any time, an amount of stock equal to the amotot of
notes of the bank presented to him for cancellation. The officers of
some of these hanks, since they have failed to redeem their notes at
par, have presented their notes, in considerable amounts, for cancella¬
tion, and demanded of the treasurer an equal amount of the state
bonds deposited hy them. The treasurer refused to deliver the bonds
so held, upon the ground that the deposit was held in trust to secure
the noteholders, and that when the hank failed to redeem its circula¬
tion at par, it could not avail itself of that provision of the law until
it went into liquidation, and decided the mode of disposing of its
bonds and other assets, with a view of placing all the noteholders on
an equal footing. I think this decision is obviously right.
The law, as it now exists, gives the executive very little power over
the banks to compel liquidation. Last summer three commissioners
were appointed, and the officers of the several banks were requested
to report their condition to this commission. Some of them furnished
reports, others failed to report, and some of the reports furnished
were vague and unsatisfactory. There has been much complaint by
noteholders of the unsatisfactory nature of these reports, and of the
manner in which the banks have conducted their business since it
became known that they must go into liquidation. The action of the
executive could not be complete in anything he could do towards
forcing them into liquidation; therefore, it was deemed prudent to
take no action in the case, but to leave the matter to the legislature,
in which full power over the subject resides. My opinion is, that all
these banks should be required to go into liquidation immediately,
and that a law should be passed for that purpose, in order to secure
2
10
JOURNAL OF THE HOUSE OF DELEGATES.
the greatest benefit to those interested. I am satisfied that the longer
this law is postponed, the less will the noteholder receive.
Other Assets.
The state has invested several millions of dollars in stock in the
James river and Kanawha canal company, and holds a large amount
of stock in turnpike roads and bridges, hut there is no hope that any
of these investments can he relied on as sources of revenue ffor many
years to come, if ever. She has, also, some tobacco warehouses, and
the armory grounds in this city, with which valuable water power is
connected. I recommend that the armory grounds be sold, or leased.
Literary Fund.
From a report of H. W. Thomas, Esq., it appears that on the first
day of April, 1861, the Literary fund amounted to $2,344,714 81.
Of this sum, $393,601 72 was invested in bank stocks as above
stated, $1,037,567 33 in the Internal Improvement fund, $96,950
in the old James river company, $2,000 was loaned to Washington
College, $400 to the city of Kichmond, and $454,923 44 was used
during the late rebellion for military purposes by the Confederate
state*authorities. The residue was invested in the "old military six
per cent, debt, bank loan/' &c. The $100,000 in the Fairmont and
Northwestern banks, will be partially realized, as above stated.
Washington College is not in a condition to pay the $2,000 loaned
to it; the $ 400 loaned to the city of Kichmond is supposed to be
available; from the residue in old James river company, bank stocks,
&c., it is believed nothing will ever be realized.
For any practical purposes, it may be said, we have no longer a
literary fund; it can only be reinstated by a direct tax upon the
people.
Payment of the State Debt and Taxation.
The holders of Virginia state bonds are pressing for the payment
of the interest due. On the first day of January next, the interest
due on these bonds will amount to above six millions of dollars. Va¬
rious plans have been suggested for funding this interest and the issue
of bonds for the same, bearing different rates of interest. Those who
hold no bonds, for the most part, propose that the bonds issued to
pay this interest shall not themselves bear interest, whilst others, in¬
cluding the bondholders, insist on different amounts of interest, from
one to six per cent. The English bondholders propose that the' state
shall fund the interest due them, issue bonds for the same, and com¬
mence the payment of interest on the whole debt on the first day of
January, 1867.
This whole subject addresses itself to your most careful considera¬
tion. The debt, with its interest, must be paid ; at the same time
we must look to the ability of the people to pay. At present we
must rely mainly upon the tax on licenses and upon land, for raisin"1
JOURNAL OF THE HOUSE OF DELEGATES.
11
the means to supply the wants of the treasury. The war has con¬
sumed a large amount of the live stock in the state. We can expect
little from a tax on incomes ; a large portion of our public debt is
held by our own citizens, and no tax can he raised from that source
until the holders receive the interest due on it. The hanks, with
their dividends, are gone, and some eight millions of their circulation,
having at present only a nominal value, is, for the most part, in the
hands o£ our own people; a large portion of the income yielding
wealth of the state was invested in confederate bonds or other issues,
all of which are valueless. Slavery being abolished, no tax can he
derived from that source.
Suppose West Virginia shall pay her full share, according to the
taxation of 1860, the residue is to he paid hy Virginia. This leaves
the assessment on each tax payer the same in proportion to the whole.
The tax then was forty cents upon the one hundred dollars of assessed
value. A large amount of improvements on real' estate was destroyed
during the war ; this will reduce the value of, real estate, in the ag¬
gregate, from its present assessment, so that it will require a tax on
real estate of at least 6ixty cents on the one hundred dollars value, in
addition to all the revenue that can he raised from other sources.
There has been much discussion in regard to the right of a state to
tax the income derived from the dividends of national hanks estab¬
lished under the act of congress. Doubtless the state has no autho¬
rity to tax the bonds of the United States, which are exempted from
taxation by act of congress, whilst in the hands of an individual who
holds them simply as an investment. The charters of the national
banks are granted by the government of the United States ; they are
located in the several states, based upon United States bonds. When
these bonds are used for banking purposes, a new value is given to
them and an income is derived from their use in addition to the yield
of interest. The profits of banking then become a legitimate sub¬
ject of taxation, whether invested in real estate or paid to the share¬
holders in money ; and the tax on the income should be required to
be paid directly to the state. The tax should be on the income, and
not on the dividend.
The taxation of the privilege of taking oysters in the waters of
Virginia has, for some years prior to the rebellion, been a subject of
much discussion. The opponents of such a tax have urged the diffi¬
culty of executing any law for this purpose, and have thus far suc¬
ceeded in preventing the imposition of the tax by the legislature..
Those who enjoy a great monopoly are naturally prone to raise objec¬
tions to the abridgement of their special privileges. These objections
can only be successfully met by those who are familiar with the sub¬
ject. The privilege of taking oysters is a legitimate subject of taxa¬
tion and the collection of the tax will be easily executed if the legis¬
lature shall take hold of the subject in earnest.
There has been great prejudice in Virginia against taking oysters
with the dredge, scoop or drag. From the most reliable information
.1 can obtain on this subject, I am satisfied that this prejudice is un-
12
J
JOUKNAL OF THE HOUSE OF DELEGATES.
founded. Where oysters remain on the rock, undisturbed for years,
they become crowded, do not obtain a large size, become poor, and
soon die, when others are deposited which do not become more valua¬
ble. Dredging, whilst it takes many, disturbs and scatters the resi¬
due, which are improved in size and quality. By this mode greater
depths will be obtained from which the oysters are taken, and the
field thereby enlarged. I would recommend that the taking of oys¬
ters by the dredge, scoop or drag should be authorized by l%w in all
the waters of Virginia where the water is not less than fifteen feet at
low tide. But no steamboat or vessel using machinery worked by
steam should be allowed to take oysters in this way. All vessels en¬
gaged in taking or carrying oysters, or employed in the oyster trade,
should be required by law to obtain a license for the same from some
person authorized to issue such license. The license should be re¬
quired to be numbered, and the number, with the name of the state,
placed in some conspicuous place on both sides of the vessel, and the
license framed and kept on the quarter deck in some place of easy
access for inspection by any duly authorized officer of the state. For
the first year the charge for the license should be low, say four dollars
per ton on the tonnage of such vessel. All persons who take oysters
with tongs in shallow water should be required to take a license from
the clerk of the court- of the county or corporation in which he re¬
sides for the vessel, skiff or boat which he shall use ; the number of
his license,, with the name of the county or corporation in which he
takes such license, should be marked in some conspicuous place on
both sides of such vessel, skiff or boat, for the privilege of using
which he should be charged, say six dollars per season, the license
not to be transferable. The season should commence on the first of
September and expire on the first of May of each year ; and no
license should be granted for a less term than the whole season, nor
should such license be granted to any person unless he shall have re¬
sided in Virginia for one year before obtaining the same. A penalty
should be imposed upon all persons engaged in dredging for or carry¬
ing oysters without having first obtained the license required by law;
and in- a'ddition thereto, the vessel of the party so offending should
be forfeited, with all its freight, fixtures and machinery. A penalty
should also be imposed on all violations of the law by vessels hav¬
ing a license. In all cases of the seizure of vessels in such cases, the
hearing for condemnation should be had and the case adjudged by
any judge of a circuit court to whom application may be made by
the complainant or informer, either in vacation or in term. Concur¬
rent jurisdiction in this class of cases might also be o-iyen to the
county and corporation courts. One-fourth of the money derived
from the sale of forfeited vessels and cargoes should be paid to ■ the
officer ordering, the arrest; one-fourth to those who shall assist in
making such arrest, and the residue to the state. Like proceedings
for forfeitures and fines might be had before a justice of the peace for
violations of the law by persons taking oysters with tongs from boats
and canoes. Every white person taking out license for taking oysters
JOURNAL OF THE HOUSE OF DELEGATES.
13
should be required to take an oath, prescribed by law, to observe the
oyster laws of the state and to assist in the enforcement of the same,
and should be constituted an officer for this purpose.
Land owners on the waters of Virginia desiring to plant oysters
should be required to stake or mark off, with stakes or otherwise, a
space not exceeding an area of five acres, the metes and bounds of
which should be recorded in the deed book of the county in which his
land lies. The wilful taking of oysters within such oyster beds,
without the permission of the owner, should be made a felony ; but
the oysters raised in such beds, if sold for market, should be required
to be carried in licensed, vessels. Hulled oysters should be allowed to
be carried from the ports and landings in Virginia in kegs or cans in
vessels not required to take out license for the oyster trade. This
would encourage the hulling of oysters in the state, where the shell,
which is of much value as a fertilizer, would be left. The laws on
this subject would require various details which will suggest them¬
selves to those familiar with the subject, and to which I have not al¬
luded. To that feature of this recommendation which looks to con¬
fining the carrying trade in oysters to actual settlers in Virginia, I
ask your careful consideration. It will doubtless meet with much
opposition from persons engaged in the trade who reside out of the
state, and it may be, there are not a sufficient number of vessels
owned by citizens of the state, at this time, to carry on the business.
It may, therefore, be advisable to postpone the operation of this re¬
striction for twelve months, in order to allow time for residents de¬
siring to enter into this business to prepare for the trade. The state
of Maryland has enacted a law similar to the one I propose, and con¬
fines both the taking and carrying of oysters in her. waters to the resi¬
dents of that state. If this business shall be confined to residents in
Virginia, it would very soon largely increase the wealth and popula¬
tion of the state. I would further recommend that one moiety of
the tax derived from this source shall be reserved as a sinking fund
to pay the public debt. The other moiety should be devoted to the
maintenance of public schools in the state—the principal invested in
good securities, and only the interest used for that purpose. In the
course of fifteen or twenty years this fund would be adequate to pay
a large part of the public debt and create a literary fund which would
afford a common 'school education for all the children of the state.
The unsettled condition of the industrial, agricultural and financial
interests of the state, the scarcity of live stock in every part of the
commonwealth, and the fact that it is almost impossible for the farm¬
ers to borrow money to replenish their stock, concur to make the sub¬
ject of taxation, at the present time, one of peculiar embarrassment
to the legislator.
We have no banks of circulation in the state, except national
banks and the tax imposed by congress on the state banks forbids the
establishment of any others. The circulation of all the national
banks in the state only amounts to about $ 1,300,000, little more
than one-half the interest of the state debt. Our people have made
14
JOURNAL OF THE HOUSE OF DELEGATES.
efforts to increase the number of national banks in the state, and
thereby to increase the volume of circulation; but these facilities
have been capriciously denied by the comptroller of the federal cur¬
rency. The future ability of the people to pay tax depends much on
their ability to restock their farms and carry on their industrial and
commercial pursuits. Until we know what will be the policy of the
federal government in affording national banking facilities, you should
be very cautious lest a tax should be imposed on the people which
they will be unable to pay.
Railroads.
As above stated, we have upwards of $ 22,000,000 invested in rail¬
road stocks and bonds. Something more than $ 15,000,000 of this
sum is in railroads in running condition, and would, in the hands of
private stockholders, soon yield a revenue of from seven to ten per
cent, to the owners; but whether they will ever yield anything to the
state and stockholders under the existing system remains to be seen.
I express this doubt from the experience of this and other states that
have embarked in a general system of internal improvements. It was
found that while the state was an owner or partner, little or no profit
was realized. A number of states sold out their interest in their in¬
ternal improvements to private companies, who became the owners
where the state owned the whole, or the joint owners with original
stockholders. These works, in the hands of private individuals, im¬
mediately became profitable. I make the suggestion with great defer¬
ence, but I think it must be seen, from the present organization of
our roads, that if continued they are not likely to be very profitable
to the state or to the stockholders. On the south side of James river
we have the Norfolk and Petersburg, South Side, Virginia and Ten¬
nessee, and the Richmond and Danville railroads. These roads are under
the management of four different cory>s of officers, employed at remu¬
nerative salaries. All these roads combined are less than 550 miles in
length. Their aggregate gross earnings in 1860 was about $1,800,000.
Three of these roads form a continuous line of about four hundred
miles, and all three of them affording business for the fourth. Yet
the officers of these roads have been found jarring among themselves,
and indisposed to accommodate each other, whilst the state owns
three-fifths of the stock in each of them, and is a money lender to
them in addition. If one prudent man owned all these roads he
would, manifestly, place them all under the control of one head and
work them in harmony. His first saving would be about forty thou¬
sand dollars per annum in'the item of officers' salaries. Co-operation
would ensure increased business and income. By working these roads
separately,a car is loaded at Norfolk with freight for Danville or Ab¬
ingdon; it is brought to Petersburg to the South Side road, and there
transferred from the Norfolk to a South Side car; thence it is taken
to Burksville, where it is again transferred to a Danville car if its
destination is to that town, or taken to Lynchburg and reshipped on
JOUKNAL OF THE HOUSE OF DELEGATES. 15
the Virginia and Tennessee road if it goes to Abingdon. In these
transactions the cars are delayed, thereby causing a much larger in¬
vestment in rolling stock to accommodate the business of these roads,
in addition to the labor required to load and unload the freight, be¬
sides exposing the merchandise to loss and delaying its transportation,
which is always to be avoided by the shipper if possible. Wherever
the cars are loaded, on any of these roads, they should be run to the
place of destination of the freight without breaking bulk. The con¬
solidation of these improvements under one set of officers is entirely
practicable. The Baltimore and Ohio railroad, with the Northwestern
Virginia and Washington branches, is nearly as long as the four roads
above named, and the gross earnings of that railroad is about three
times as great, the charges for passengers and freight being thirty-
three per cent, less than on the Virginia roads referred to; yet the
whole business of the Baltimore and Ohio road is done by one corps
of officers with moderate salaries. There is the same reason for con¬
solidating the Orange and Alexandria and Virginia Central roads.
There may have been a necessity for a different corps of officers on
each of these roads during their construction, but now that they are
completed* it is the obvious interest of the state and stockholders to
consolidate them. It is believed that there will be no difficulty in
harmonizing the interests of the private stockholders. By the exist¬
ing system of supporting six separate corps of officers on these im¬
provements, when the business could be more efficiently conducted by
two, it is simply taxing the people forty or fifty thousand dollars an¬
nually to support railroad officers who may be advantageously dispensed
with. As above stated, I am of opinion that all these improvements
in the hands of private individuals would, in a short time, yield di¬
vidends of from seven to ten per cent., and believe that the interest
of the state in them can be leased, say for a period of thirty years,
for more than six per cent, per annum on the investment, by giving
the lessees the privilege, at any time within the thirty years, of pur¬
chasing the interest of the state, paying the amount of the state's
investment in money, or in the bonds of the state. Some of these
roads are deemed more valuable than others; each one, therefore,
should be leased or sold to the highest bidder, and in no case should
the state's interest be sold or leased for less than its cost to the state.
This would obviously be greatly to the advantage of the private stock¬
holders by furnishing them active and able partners instead of the
state, which is now unable to assist them. This plan would at once
relieve the state of about fifteen millions of its debt.
Collection of Taxes.
The mode of collecting the taxes of the state is one that eminently
needs reform, and deserves the prompt action of the general assembly.
By the present law five per cent, is allowed for the collection of the
revenue. The collection of $2,500,000, the interest on the public
debt costs the state $ 125,000. For the collection of the license tax
16
JOUKNAL OF THE HOUSE OF DELEGATES.
a less sum is allowed. The report of the auditor shows that fiom
1852 to 1859, a period of seven years, there was in the hands of sheriffs,
uncollected, of principal and interest, above $ 446,000. ^ Here was a
sum of itself more than sufficient to pay for the collection of all the
taxes of the state in the mode by which they are collected in other
states. But a great deal of time is expended by the legislature at
every session in considering petitions and passing bills to relieve the
securities of defaulting sheriffs from judgments and damages awarded
'against them for the failure of their principals to pay into the trea¬
sury the revenue collected by them. This is only a part of the evil
growing out of the system. The sheriff, or the deputy to whom
he farms the office, becomes a "paper shaver," and the tax paid by
the people is not unfrequently used for purposes of extortion and
usury. Habits of extravagance are often contracted in the sheriff by
the long use of money not his own, he becomes a defaulter and the
people and the state are the losers. I need not enlarge on the abuses
in the office of sheriff, in this particular, in Virginia; the subject is
familiar to all.
I would recommend that the collection of the revenue be taken from
the sheriffs, and that the county court of each county, at its levy term
in each year, shall be required to appoint a person of good character
and business habits to collect the taxes, who shall be paid a per diem
compensation for his services ; that the commissioner of the revenue,
when his books are made out as now required by law, shall place them
in the hands of the collector, whose duty it shall be to commence the
collection of taxes on the first day of October in each year. He should
be required to appoint two consecutive days on which he shall attend
at the usual places of voting in each magisterial district, and all per¬
sons who shall pay their taxes at the time so appointed should be al¬
lowed a discount of five per cent, on the amount of the same. After
the collector shall have thus visited all the districts of his county, any
persons who shall have failed to pay, should be allowed to do so by
calling on the collector at his usual place of business within thirty
days from the date of such failure, but no discount should be allowed
on such payment. All assessments remaining unpaid in the hands of
the collector should be placed in the hands of a district collector to be
appointed by the county court in each magisterial district, with ten
per cent, added, which shall be allowed as commissions to such collec¬
tor on all sums collected by him. Power should be conferred on the
district collector to levy for the amount of such unpaid assessments,
and to sell property taken to satisfy the same after ten days' notice.
These district collectors might be allowed until the first of March in
each year to make their returns. The names of the delinquents should
be published ; and as the constitution of the state requires the pay¬
ment of all taxes assessed the previous year by every person offerin°" to
vote, no delinquent should be allowed to exercise the right of suffrage
after such publication. I believe that competent persons can be ap¬
pointed in each county, who will attend to this business and pay the
money collected promptly, and that all the costs attending the collec-
JOUKNAL OF THE HOUSE OF DELEGATES.
17
tion of State taxes will not exceed twenty-five thousand dollars per
annum. The tax on licenses could be collected in the same mode and
at much less cost to the state than by the present plan of collection.
The requirement of prompt payment, after collection, will be a guar¬
antee against all loss to the state or to the securities of the collector.
Voting by Ballot.
The constitution requires that the votes at popular elections shall
be by ballot instead of viva voce. The mode usually adopted for vo¬
ting by ballot is for the voter to place tlie names of all the parties for
whom he votes on a slip of paper, in printing or writing, and deposit
the same in a box prepared tor that purpose. The conductors of the
election have a register of all the qualified voters of the precinct or
ward in which the election is held. After polls are closed at the pre¬
cinct or ward, the commissioners of election count the number of per¬
sons entitled to vote ; then, without opening, count the tickets depo¬
sited, and if it is found that there are more tickets deposited than
there are persons entitled to vote, they mix the tickets and draw by
hazard from the box a number equal to the overplus; they then open
and count the residue. There are grave objections to this mode of
voting by ballot. All legal voters should be registered, and the judges
of election furnished with a list of all persons not having paid their
taxes of the previous year, whose names should be stricken from the
register. The names of the persons voted for should be written or
printed on paper of a uniform color, and the name of the voter written
on the back of his ticket, and his name registered in a poll book at
the time he casts his vote. Let the judges of election be sworn not to
divulge the vote of any person who may cast his vote, unless the elec¬
tion shall be contested. In' that case let the tickets be furnished to
such person as may be designated by law ; let all the ballots cast in
each county be returned to the commissioners of election at the county
court house, to be kept by them until the time allowed for contesting
the election shall have expired ; then, if there shall be no contest, let
them be burnt. It would be found that this mode of conducting elec¬
tions will greatly facilitate the voting and materially diminish the ex¬
pense incurred by our present system.
Inspection Laws.
I desire to call your attention to the inspection laws of the state,
and will furnish you with my views on the subject hereafter.
Education.
The literary fund is all wasted, as above stated. The future pros¬
perity of our old commonwealth depends greatly on the means which
may be provided for the education of the masses. It is the duty of
the state to provide for the education of all her children. I do not
1§ JOURNAL OF THE HOUSE QF DELEGATES.
mean that the law should provide for giving to every child a collegiate
or academical education, but it should provide for giving to all such
education as is attainable in well regulated common schools ; a know¬
ledge of the branches therein taught is a key by which the whole
arcana of science can be unlocked. It is the electric spark which touches
alike the intellect of each of the children of the state, inciting them to
activity and emulation. Instances are numerous proving that com¬
mon school education was the starting point of many of the great
benefactors of mankind, whose minds, but for the stimulant received
in those humble nurseries of education, would have dwarfed in obscu¬
rity. It is said that there are certain inalienable rights—I shall not
pretend to define them—but I believe that every child has a claim on
the state for the means of an elementary education—a claim that labor
shall not be degraded in public estimation, for that is a condition
imposed by the Creator, "with the sweat of thy brow," &c.—a claim
that all the avenues to happiness shall be left open to it, whether they
are to be found in rural life or in the city, in the workshop, in the learned
professions, or in the public offices of the state or nation. It will be
found that no state or nation can deny any or all these claims to her
children with impunity. It is only by meeting these requirements
that the physical, the moral and intellectual condition of a people are
fully developed. Then, in the day of trial and peril, the state can ex¬
pect the greatest assistance that can be rendered by her people. It
will be found by careful investigation that we pay "more for common
school education in Virginia, by our system of voluntary subscription
and " poor fund," than is paid by states where common schools are
kept in operation during nine months in the year. A great portion
of the efficiency of our schools is lost by the want of uniformity in
text books ; but this uniformity cannot be attained without a common
school system. By this system the parent is saved the great expense
involved in the constant change of school books.
Polytechnic School.
Virginia needs at this time a polytechnic school, for the education
of her young men. The congress of the United States, in 1862,
passed an act appropriating a portion of the public lands to each state,
the proceeds of the sale of which are to be devoted to the support of
an agricultural college, in which, also, military science shall be taught.
Each state is entitled to 30,000 acres for each senator and representa¬
tive in congress. The state is to defray all the expense of locating
and selling the land. Ten per cent, of the proceeds may, under this
act, be appropriated to the purchase of a farm and buildings; the resi¬
due is to be invested in some safe stocks yielding not less than five per
cent, as an endowment—the interest only to be used. Each state was
required to signify its acceptance of this donation within two years
after the passage of the act. The necessary legislation has, I Relieve,
been had to secure this donation to Virginia'. Provision will have to
be made by the general assembly for the appointment of a commis-
JOURNAL 6F THE HOUSE OF DELEGATES.
19
sioner to locate and sell the land, and an appropriation made to defray
his expenses. The state ought to realize #300,000 from the sale of
this land—and the location of the college will rest with the legisla¬
ture. Doubtless a number of the institutions of learning in the state
will be willing to add the agricultural and military features required
by this act to their institutions, to procure the endowment thus
offered. In my opinion, the college or school to which this donation
shall be applied, should be located at the city of Richmond, which is
central, and easily accessible from all parts of the state. It should
be a practical polytechnic school, teaching modern languages and
practical science. There should be chairs of mathematics, natural
philosophy, mechanics, engineering, mineralogy, geology, vegetable and
mineral chemistry; and chairs of design, botany and agriculture, with
military tactics to complete the list. The farm should embrace about
300 acres, which would afford ample room for the culture of the vine,
and the ascertainment of all its choice varieties adapted to our cli¬
mate. Fruits should be cultivated with the arts of grafting and
dwarfing. The cereals and root crops should have their place, and
opportunity afforded for the application of all the fertilizers. All the
berries should receive their full share of attention. The school should
have no vacation; and, if possible, the course of instruction should
extend to five scholastic years. Three months, from July to October,
should be spent in the field, with their tents and the full corps of
professors. This would ■ afford ample opportunity for the practical
application of all their studies. The state, with its agriculture, bo¬
tany, mineralogy, geology and geography, would afford an ample field
for investigation to the corps of teachers and pupils. This is what
our state eminently needs at this time. The young men of Virginia
are equal in intellect to those of any state or nation. Their educa¬
tion heretofore has consisted in the routine of the old collegiate course,
fitting them for stump speaking, politics,'law and medicine—all well
enough in their places—but it has not qualified them for develop¬
ing the true wealth of our great commonwealth, blessed as she is
in a more productive soil, and abounding with a greater variety of
mineral ores than any other state in the Union, and yet little has
been done to develop these munificent gifts of Providence. This
school should be metropolitan in its location. The people come from
all parts of the state to her metropolis; the great state school should
be there. Its development and perfections in all things taught there
should be where the people could see them. There would then be en¬
couragement for emulation and progress. It would be the great light
of the state in all that would be taught there.
With this munificent donation of the federal government, the col¬
lege would be enabled to offer the most liberal terms to the worthy
and indigent youth seeking an- education. My opinion is, that we
have in the Virginia Military Institute the elements of the proper or¬
ganization to take charge of this school and give it the proper direc¬
tion. I earnestly commend this subject to your consideration.
20
JOURNAL OF THE HOUSE OF DELEGATES.
State Geologist
There is great necessity felt 'at this time for a practical state geolo¬
gist. At my request, Dr. Grant has prepared some very interesting
papers on the subject of the mineralogical deposits in the state. But
as there was no appropriation made for the purpose, I did not feel
authorized to incur expense on this subject. I earnestly recommend
that you make appropriation for the purpose of employing a state
geologist and mineralogist to make a thorough survey of the state.
University and Colleges.
Applications will be made for a continuation of the annuities here¬
tofore granted to the University of Virginia and other colleges; which
applications I commend to your careful consideration, in connection
with the other urgent demands upon the treasury.
Proceedings of Courts, <&c., during the Bebellion.
A large amount of business was transacted by courts inside of the
insurgent lines during the period of the late disastrous rebellion.
Where adults were the litigants, substantial justice has, I presume,
been done, and the parties are satisfied. There is a class of cases,
however, where the action of those controling them have proved most
disastrous to the parties interested. I refer to the application of
funds in the hands of fiduciaries, belonging to widows and orphans,
and especially to the latter class, which were invested in what were
known as "Confederate States bonds." Large amounts of money due.
to executors, administrators, trustees and guardians, have been col¬
lected since the commencement of the rebellion, in what was called
"Confederate" currency, and invested in these securities. Large
amounts of land have also been sold during the period referred to,
belonging to orphans, paid for in like manner, and invested in the
same kind of "securities." It is now claimed that the orphan must
be the loser. I do not think this is right in principle. This Con¬
federate money, and these Confederate bonds, were the creation of
persons engaged in rebellion, to raise means to overthrow the govern¬
ment of the United States. The rebellion failed tq accomplish its
purpose ; and has been declared by the national government an "un¬
lawful combination." The securities issued by it to carry out its
purposes were consequently unlawful. I think then it follows, as a
necessary consequence, that the monies and lands of these orphans,
which were invested in unlawful securities, was an illegal transaction,
by which the minor cannot be bound. Therefore, those who made the
investment being of mature age, and well aware of the nature of the
risk, ought to stand the loss. It is claimed that any law attempting
to legalize these transactions, would be ex post facto. I think the
JOURNAL OF THE HOUSE OF DELEGATES.
21
case is entirely different where parties capable of contracting, bought
and sold or dealt in these securities. There were a large number of
contracts made in these securities. There were a large number of con¬
tracts made in the state, between the last named class of parties, to
be performed in the future, by the payment of Confederate money, or
the delivery of Confederate bonds. Many of these contracts are in
the shape of bonds, single bills, and promissory notes for the payment
of a fixed sum of money in dollars and cents, without designating the
kind of currency in which the debt was to be paid. The payment of
these debts, in what was called Confederate money, cannot be allowed
by law. The parties bound may have difficulty under the law, as it
now stands, in pleading the facts in the courts so as to obtain relief.
I think there should be some legislation to authorize the courts to
ascertain the proper value of these evidences of debt, and of all con¬
tracts of the same character.
Penitentiary and Penitentiary Buildings.
There are now confined in the penitentiary, a number of convicts,
sentenced by the courts, during the late troubles, for various terms of
imprisonment. I think some legislation on this subject is necessary.
At the evacuation of Richmond last spring, by the insurgents, the
dwelling house attached to the penitentiary and part of the prison
were burned—all the prisoners escaped—some gave themselves up to
the military authorities, and others were arrested, all of whom were
returned to the prison. About eighty were in the penitentiary last
June, who were being subsisted by the'military authorities of the
United States. The authorities required me to take possession of
and support these convicts. I appointed officers for the purpose. In
addition to the destruction by fire, all the manufactured articles and
tools belonging to the prison, and glass and sash in the windows of
the building, were carried away and never recovered; nothing was left
but the walls of the prison and some heavy machinery. The inmates
were destitute of beds and blankets, and had but little clothing.
Many of them were sick, and there was much insubordination mani¬
fested by others. They claimed that they ought to be liberated, and
it was with much difficulty that they were forced to resume their
work. I directed the shoemakers', blacksmiths' and wheelwrights'
shops to be repaired and furnished with new tools, and materials to
be furnished on which the convicts employed in them might go to
work. Beds, blankets and clothing were also supplied to the convicts.
No appropriation having been made for this purpose, I defrayed these
expenses out of the contingent fund until it was exhausted. I then
requested the auditor of public accounts to honor other necessary bills
approved by me, and pay the same out of any funds on hand, until
the general assembly shall make the necessary appropriations. I see
no reason why, by proper management, after it shall be repaired and
furnished with the necessary tools, the penitentiary should not sustain
itself. There is now provision made by law for a storekeeper to the
22
JOURNAL OF THE HOUSE OF DELEGATES.
penitentiary, who is allowed eight per cent, upon his sales and pur¬
chases, which is, I think, an exorbitant allowance. ^ A large amount
of the sales have heretofore been made by the superintendent, and the
money received by him. The storekeeper had nothing to do with the
transaction, except to receive the money from the superintendent, and
deduct his eight per cent, from the amount. If I am correctly in¬
formed, under this, provision the penitentiary storekeeper received
annually about as much compensation as three judges of the court
of appeals. It is strange that this abuse has been so long continued.
I only appointed three directors to the penitentiary. They have esti¬
mated the necessary repairs to the prison at about twelve thousand
dollars. There is immediate necessity for these repairs. I directed
them to advertise for proposals to furnish materials, &c., for such
repairs to be made at an early day in this month, all of which will be
submitted for your consideration, in order that such appropriations
may be made as are deemed proper. There are strong objections,
and, as I think, founded in justice, to having the dwelling of the
superintendent within the enclosure of the prison. All the books
and records of the penitentiary were carried off last spring by he late
superintendent. We have been unable to recover them, and great
inconvenience has been experienced by the want of them.
Deaf and Dumb and Blind, and Lunatic Asylums.
I refer you to the reports of the officers and visitors of these insti¬
tutions. The unfortunate class who receive great benefit from these
asylums, erected at so great expense for their comfort, care and cure,
demand liberal appropriations for their support.
The Freedmen.
The former slaves of the state have become freemen. Much appre¬
hension is felt iri regard to the future of these people. Sufficient
time has not elapsed to enable us to form any correct idea of the future
destiny of the race. They were suddenly released from bondage, and
it is not surprising that irregularities should exist among them." There
are complaints of an indisposition on the part of the negroes to work.
There are, however, many praiseworthy exceptions. A prevalent idea
among them was that when they were liberated they were to occupy
the lands of their former masters. Since they were liberated many of
them were induced to believe that if they remained with their 'old
masters they would be in danger of re-enslavement—hence they be¬
came roving. In many instances, where satisfactory wages are paid,
they render fair service; but I think this is not generally the case.
The great mass of them refuse to enter into contracts for more than
a month, and frequently leave then before that time expires.
It is obviously the duty as well as interest of land holders and
others employing colored laborers, to treat them kindly and pay them
fair wages. I do not think wages can be regulated by law, or that
JOURNAL OF THE HOUSE OF DELEGATES,
23
any new mode of enforcing contracts ought to he prescribed by the
legislature; hut written contracts with this class of persons should he
encouraged. The forfeiture of wages for non-fulfilment, will, it is be¬
lieved, he a sufficient punishment to the laborer for a violation of his
engagement. Freedom, in-its great essential, consists in the privilege
to a man of appropriating whatever he earns to his own use. To he
free, labor must he voluntary; every effort to enforce it by law, except
as a punishment for crime and vagrancy, will result in failure. Idle¬
ness brings its own punishment. After the most mature considera¬
tion I have been able to give to the subject, I think there is very little
positive legislation needed in regard to this class. A law should be
passed requiring the clerk of each county or corporation court to keep
a book, in which, at the joint request of a negro man and woman, who
have heretofore been living as man and. wife, he shall register their
names and the date of their marriage, for which service he may require
a fee from the parties not exceeding twenty-five cents. This registry
should be considered a lawful marriage and legitimate the children of
the parties, and impose on them all the obligations of husband and
wife and of parents. A license should be required to be obtained by
those desiring to marry, as in the case of white persons; but a separate
register should be kept of all such licenses granted. I would recom¬
mend that a law be passed authorizing the courts to grant permission
to colored ministers of the gospel to celebrate the rites of matrimony.
The constitution of the state authorizes the apprenticing of colored
children on the same terms that white children are apprenticed, and,
therefore, the law will need amendment in this particular. Negroes
should be tried and punished for offences in the same manner as white
persons. They should also be allowed to testify as witnesses in all
cases in the courts of justice. I am aware of the objections which are
made to this last recommendation, but I think these objections are
founded more in prejudice than in reason. One objection is upon the
ground that perjury will be frequently committed by the negro; If
this were a valid objection it might be urged against receiving almost
any human testimony. I think the strongest objector will admit that
some negroes will testify truthfully. The same objector will admit
that some white persons will commit perjury. There has been a great
tendency, for many years, in England and in this country, to break
down all the technical rules established by the common law, which
exclude witnesses on the ground of interest, and to adopt the great
principle of receiving testimony from all sources whence light can be
thrown upon the subject under investigation, and leaving to those who
are to judge of its truthfulness to decide as to the weight it should
have in the decision of the case. I think this is right. Major-general
Howard, the superintendent of the freedmen's bureau, advised me last
summer that his bureau would turn over' to the state tribunals all
subjects of controversy where negroes are concerned, if the testimony
of negroes should be allowed to be taken in such cases. But I dis¬
couraged the idea, on the ground that such testimony was not allowed
by the state laws, and that it was better that the law as it exists.
24
JOURNAL OF THE HOUSE OF DELEGATES.
should be observed by those administering it, until it shall be changed
by the legislature.
Immigration,
There is great interest felt throughout the state on the subject of
immigration. Some private companies have been formed ; they need
corporate powers to render them efficient. The congress of the United
States, in the year 1864, passed some laws on the subject of foreign
immigration, to which <1 would call your attention. The object of
these laws was to encourage emigration and to regulate the subject so
as to prevent, as far as possible, imposition upon the emigrant, who is
too frequently imposed upon when he lands upon our shores. It is of
the greatest importance to all who are interested in having emigrants
come to our state, that they should be fairly and honestly dealt with.
Whatever provisioffican be made by law to secure this object, should
be adopted. Virginia, at this time, presents the best field for immi¬
gration in the United States, whether the emigrant desires to remove
from the northern states or from Europe. Labor will be found to be
more remunerative in all the pursuits of agriculture than in any other
section of our country, taking into consideration the price of lands,
their productiveness and accessibility to market. The whole of Tide¬
water Virginia is peculiarly adapted to horticulture. With the easy
access by water to Washington, Baltimore/ Philadelphia, New York,
Boston, and other cities for a market, the demand will be equal to any
supply that may be produced, and the advantages of an early spring
will give to the producer there a monopoly of the vegetable and fruit
market throughout the season. The Piedmont and Valley sections of
the state are peculiarly adapted to the growth of cereals and grazing.
Virginia is rich in various minerals, and has, undeniably, the most
extensive iron deposits of any state in the Union. Her water power
for propelling machinery is of great magnitude, and is in the most
eligible situations.
James River and Kanawha Canal.
I am at a loss as to what to recommend in regard to this work. It
has been a great expense to the state. It is one hundred, and fifty
miles in length from Kichmond to Lynchburg, and there is but one
village that contains fifty inhabitants along this whole line, and it is
a singular fact that the lands on its border have no higher market
value than they had before the construction of the work. I do not
know what effect its construction has had on the price of land beyond
Lynchburg. I have no idea that it will ever be able to complete its
construction by its own earnings. I believe, in case of failure to
complete its construction by the company by the 1st of March next,
it passes, by law, to the possession of the state. My impression is,
that there are too many salaried officers on this work. The salaries
amount annually to about $ 65,000. There is no new work now beino-
projected or constructed. I cannot comprehend the necessity for an
JOURNAL OF THE HOUSE ^ OF DELEGATES. 25
engineer and two superintendents, in addition to the president, all at
salaries which command the services of first class men in other de¬
partments of business. Covington must he the final terminus of this
canal. For the project of connecting it with the Ohio river, with all
due deference to the eminently scientific gentlemen who have reported
its feasibility, I think impracticable. To cross the Alleghany moun¬
tains it has a lift of fifteen hundred feet, by means of locks, to reach
the summit, over ground where there are no running streams in dry
weather. Damming ravines on the sides of mountains where water
only flows while it is raining, and holding that water to furnish a canal
with at least one hundred locks, doing a business that would compen¬
sate for so large an outlay, is, I think, simply out of the question. I
deem a simple statement of the facts conclusive on the subject.
But I do not despair of the canal yet becoming a useful work, and
remunerative to the state. By prudent management it may be kept
in repair from the tolls until ,the Covington and Ohio railroad shall
be completed, which work will form a great auxiliary to the canal and
make it profitable. It is about one hundred and forty miles from
Covington to the rich cannel and bituminous coal fields on the Ka¬
nawha river. The maximum grade on this road, coming east, is only
forty feet to the mile, and only a little more going west. There has
been expended by the state, on this part of the road, upwards of
$ 2,700,000, and west of Charleston $ 500,000. This money has been
judiciously expended in graduation, tunneling aiid masonry. This
grading extends beyond the Alleghany mountains to Greenbrier river.
I would advise that the $ 3,000,000 invested in this road by the state
should be given as a bounty to any company that would complete the
road and stock it in a reasonable time. The state will not be in a
condition to complete this road for many years, and the work already
done will be lost. This road, when completed, will be of great impor¬
tance in furnishing freight to the canal, and business of all kinds to
the Virginia Central railroad. This rOad is most favorably situated
for local business. Large amounts of oak ship timber of the finest
quality are reached within thirty or forty miles from the canal. Im¬
mense forests of this timber are there, immediately on the line of the
road. The wild cherry and the walnut, which are in such great de¬
mand for making furniture, also abound in the section through which
it passes. But its great local business will be derived from the trans¬
portation of cannel coal, which is found in inexhaustible quantities in
the Kanawha valley. This coal is pronounced by judges to be of the
finest quality, and is the only superior cannel coal found in the United
States. In addition to the cannel, the splint is there found in hori¬
zontal veins from ten to fourteen feet in thickness. The latter coals
are peculiarly valuable for smelting iron ore, owing to their freedom
from sulphur. The Covington road runs through the great iron deposit
in Alleghany and Greenbrier counties. The proximity of this coal
and iron ore will build up a large trade upon the road. _ But the local
advantages of this road are only a small pait of the inducement for
its construction. A large portion of West Virginia, Southern Ohio
4
26
JOURNAL OF THE HOUSE OF DELEGATES.
and Kentucky will find over it a natural and easy outlet to tidewater.
Passengers and freight from Guyandotte, its western terminus, by
taking this road, will arrive at Washington and Baltimore by the
Virginia Central and Orange and Alexandria roads sooner than they
can reach the cars on the Baltimore and Ohio road at Parkersburg or
Wheeling, by the ordinary steamboat route. The connections with
tidewater at Richmond will be so ample, and of such easy access, that
millions of dollars worth of produce, whose value is now half con¬
sumed in transportation, will find a cheap and expeditious route to
market on this road, and thereby build up the great interests of the
state.
The Loudoun and Hampshire Railroad.
I would recommend that the state's investment in this improve¬
ment should be given to any company that will complete and equip
the road to the coal fields in Hampshire county. I do not think it
will ever yield a dollar to the state in its present condition; but, if
completed, this road would be very valuable to the company for the
transportation of coal and produce to Alexandria, and would thereby
increase the business and taxable value of real estate in that city, so
as to bring a revenue to the state larger than its whole investment.
Public Buildings.
The capitol needs thorough repairs, inside and outside. The cost
of these necessary repairs is estimated at ten thousand dollars, which,
I think, is a low estimate. It is of great importance that the public
grounds and public buildings should be kept in good repair and fine
condition. The example has a most salutary effect upon the people.
The state courthouse on the public square was destroyed by fire at
the evacuation last spring. The courts, heretofore held in that build¬
ing, are now held in the capitol, for want of a more convenient place.
The state must furnish a court room for the court of appeals, and it
has heretofore furnished a court room for the circuit court of Rich¬
mond. Suits are required to be brought in that court against public
officers, to which the state is a party. The old courthouse, it is con¬
ceded on ,all hands, had not the proper location, and I recommend
that the new courthouse be erected at another place. The general
assembly has always labored under great inconvenience for the want
of proper committee rooms for the transaction of business during its
sessions. _ The committees have been forced to meet in the offices of
the public officers ot the state, at great inconvenience to themselves
and detriment to the business of those offices at that busy season.
Owing to the.great accumulation of the public archives, those offices
are becoming inconvenient for the accommodation of public business.
The capitol building is not fire proof. The public archives are of in¬
estimable value, and I think there is a public necessity for a fire
proof building, in which the archives of the state can be kept in
safety, with offices for the state officers, and court rooms for the cir-
.JOURNAL OF THE HOUSE OF DELEGATES.
27
cuit court of the city of Richmond and the supreme court of appeals,
"with offices for the clerks of these courts. The basement story of the
capitol, then, can be converted into committee rooms, and they, with
other rooms in the building, will afford ample accommodation for all
the committees of the general assembly. I believe that this additional
accommodation for the legislature will so greatly facilitate the dis¬
patch of business, that the state will in a short time be repaid for the
outlay. ^ I engaged Colonel Rives, a highly accomplished architect
and engineer, to furnish a draft and estimate of the cost of the pro¬
posed new building. The plan and the estimate will be furnished for
your inspection, and if approved and the appropriation made at an
early day, it is believed the building can be completed during the
next summer.
West Virginia.
By the act of the general assembly giving the consent of this state
to the creation of the state of West Virginia, it is provided that the
state of West Virginia shall pay its equitable share of the public
debt. My impression is that this settlement can be most satisfacto¬
rily made by reference to four commissioners, none of whom should
reside in either state, two of them to be chosen by each state, with
authority conferred on these commissioners to choose an umpire in case
of disagreement—all questions submitted for their consideration to be
presented by agents appointed by the general assembly of each state.
A question has arisen in regard to the status of the counties of Jef¬
ferson and Berkeley. By the action taken these counties became or¬
ganized by persons and officers who claim them as part of West Vir¬
ginia. Upon the general reorganization of the state I found that I
could not organize these counties under the laws and ordinances of
Virginia without producing strife and collision; and as I could do
nothing to settle the question definitely, I considered it proper to let
the whole subject be referred to the congress of the United States,
where authoritative actioft could be taken, in which ail parties will
have to acquiesce. The general assembly may adopt such measures
as may be deemed proper for bringing the question to an issue. I
think it may be done by a petition of either party asking congress to
pass a joint resolution expressive of its opinion in regard to the legis¬
lative and constitutional action heretofore had in the case.
Public Printing.
It is believed that the public printing, by the creation of the office
of public printer, costs the state annually much moie than it would
if the printing was left open to private competition and individual
enterprise. I recommend that a law be passed requiring the head of
each department to advertise for bids for the various kinds of printing
required in his office, and that the printing for the general assembly
be contracted for in the same way. By the adoption of this measure
a great saving to the state will be effected. Several volumes of the
28
JOURNAL OF THE HOUSE OF DELEGATES.
reports of the court of appeals are out of print. I would recommend
that the printing of these reports should be contracted for on the
cheapest terms that can be made, securing good binding, paper and
typography; and that the new books, with those on hand, be sold at
a small profit. There has been great complaint heretofore that the
state has charged an exorbitant price for her reports. This charge has
been very onerous upon the young lawyer, and prevented our reports
from having the circulation in other states they would otherwise have.
I regret to have to state, in this connection, that our library fund,
which was invested in state securities, and amounted to a large sum,
has been lost by their conversion during the rebellion to confederate
bonds.
Legal Interest Money.
Owing to the scarcity of money in the state, I think it very impor¬
tant to repeal our usury laws, and that any price for the use of money
should be allowed which may be agreed upon by contract in writing
between the parties. Let the legal rate remain at six per cent, where
no other rate is agreed upon. I do not think it best at present to fix
a limit of interest not to be exceeded by contract. If a limit were
fixed by law, the highest rate allowed will be the rate charged in
every case; but when the rate has to be fixed by contract in writing
it will always enter into the negotiation of the contract, and interest
on money, like the price of everything else, will be regulated by sup¬
ply and demand. It will be impossible to induce capital to seek in¬
vestment in this state at six per cent, while a higher rate can be
obtained in the other states—in fact, citizens of the state having mo¬
ney to loan, and who do not wish to incur the hazards of usury, carry
it to other states for investment rather than loan it here at six per
cent.
Insurance Companies.
There are a large number of foreign insurance companies in the
state. Some of these companies are supposed to be good, others not
to be responsible, and embarrassments are frequently occasioned by
the failures of these companies. I would recommend that every in¬
surance company in other states or in Europe, doing business in Vir¬
ginia, should be required to make and keep a bona fide investment of
at least $> 50,000 in real estate or interest bearing bonds in the
state, and that satisfactory evidence of such investment shall be fur¬
nished to the auditor of public accounts at least twice a year, and no
license should be furnished to any such insurance company until the
agent thereof shall have furnished the auditor's certificate showing
that such satisfactory bona fide investment has been made. This in¬
vestment will afford some security to persons taking policies.
Reports of Public Officers.
I herewith submit the report of the secretary of the commonwealth
on the condition of the public library, and the reports of the auditor
JOURNAL OF THE HOUSE OF DELEGATES.
29
of public accounts, the treasurer of the commonwealth and the adju¬
tant general. I desire to commend to your special consideration the
able report and comprehensive suggestions of the auditor upon the
subject of taxation. They are so tyll that I have only deemed it ne¬
cessary to refer to a few of the subjects he has discussed. From the
report of the treasurer it will be seen that $ 98,083 73 were in the
treasury on the 1st day otyOctober last. I here take great pleasure
in testifying to the efficient aid rendered Hie by all the heads of de¬
partments in the state government in the performance of the various
duties required of them since the return of the seat of government
to this city. They have been uniformly courteous to all, and have, I
think,, performed their respective duties ably and with great fidelity
to thp state. It has been a source of great pleasure to me to receive
assurances from every quarter that their labors have been so highly
appreciated by the public.
Codification.
Under an act of the general assembly of last winter the present
secretary of the commonwealth, by my direction, has prepared a digest
of all the amendments of the Code of Virginia made since 1861, and
a report of the chapters and sections where amendments are still ren-i
d^red necessary by the changes in the state constitution and by recent
acts of congress. The digest and report have been carefully, and I
think skilfully, prepared, and are herewith submitted. The publica¬
tion of this digest, together with such further amendments of the Code
as may be made" by the present general assembly, would save to the
state the expense of a new edition of the Code.
Militia.
The militia of the state is in an unorganized condition. We have
no arms that I know of belonging to the state. No appropriations
were made for organizing the militia, and I did not desire to incur the
expense of such an organization without the means of defraying it.
Some uneasiness and insecurity has been felt in different counties,
and, at the requests of county courts and others, I commissioned
adjutants and authorized the raising of volunteer companies of from
sixty to one hundred men for home protection. As far as I have
heard, in every instance the officers have failed to raise a company.
You are fresh from the various sections of the state, and understand
the wants of the people on this subject, and I commend it to your
consideration.
Registered Bonds.
There are about twenty-two millions registered state bonds. A
number1 of the holders of these bonds have expressed great anxiety to
have these bonds cancelled and coupon bonds of equal value of prin¬
cipal and interest issued in their stead. I have not been able to give
sufficient attention to this subject to come to a satisfactory conclusion
30
JOURNAL OF THE HOUiSE OF DELEGATES.
as to its propriety. ' It will doubtless be brought to your attention by
the bondholders. I- ask your careful consideration of the subject.
Amendments of the Constitution.
By an act of the general assembly, passed on the 21st of J une last,
in extra session, the governor was authorized to submit to the quali¬
fied voters of the state, at the October election, the question, " Shall
the next general assembly be clothed with power to alter or amend
the third article of the constitution ?" and directing that the gov¬
ernor should give thirty days' notice of the submission, &c. I sub¬
mitted this question according to law to the qualified voters at that
election. Complete returns of the vote cast on this question have not
been made. Enough has been received, however, to authorize me to
say that a large majority of the votes were cast in favor of granting
conventional powers to the legislature to amend the said article. The
subject of the amendment is therefore before you for consideration.
Reconstruction.
In 3-860 the government of the United States represented thirty
millions of people, with more educated minds, accustomed to self-
reliance and independence of thought and action, than were ever
thrown together in one nation. Their prosperity was the wonder ahd
envy of the world. One-third of the states, embracing nearly one-
half of the territory of the nation, combined to overthrow the govern¬
ment, and appealed to the sword as the arbiter. Some eigjit hundred
thousand of the people perished in the conflict. This "domestic vio¬
lence" was "suppressed;" and now that the din of war has ceased,
yet, to some extent, the passions engendered by the strife continue,
and the reconstruction of the government of these states, so as to
place them in harmonious action with the other states of the Union,
is a work of great magnitude. In this you have a work to consum¬
mate which will require great wisdom and prudence. Upon the dis¬
persion of the confederate army that portion of the people of Virginia
who had been engaged in resisting the authority of the United States,
declared that they had ceased from all opposition to the government,
and acquiesced in the status in which the issue of the war had placed
them; that they had renewed their allegiance to the government of
the United States, and intended to keep their oath. The government
in great kindness accepted the profession in good faith and acted ac¬
cordingly.
The acceptance of this "status" was an acceptance of the state
of affairs which existed under the government of the United States.
The slaves of the southern states had been liberated by the proclama¬
tion of the president; a large national debt had been created to defray
the expense incurred in the suppression of the rebellion; laws had
been passed for the confiscation of the real and personal estate of all
persons who had resisted the government. These laws being under
the control of the president, he has suspended their execution. The
JOURNAL OF THE HOUSE OF DELEGATES.
31
liberation of| the slaves is cordially acquiesced in by the people. I
think there are only two questions now remaining that present diffi¬
culties in the way of the fullest harmony and fraternization between
the sections—one is the payment of the national debt, and the other
a refusal by the people of each state, the whole or a part of which
was in rebellion, to pay what is called "the confederate debt," or
debts made to aid the rebellion. What is now known as the "rebel"
legislature of 'Virginia created a debt for which bonds were issued
amounting to between five and six millions of dollars. A number of
counties and corporations created debts for a like purpose, for the fu¬
ture payment of which, bonds were issued to a large amount. The
prohibition of the payment of these debts is demanded upon the
ground that they were created for an Unlawful purpose, in aid of re¬
bellion, to overthrow the government. The constitution of the state
prohibits the legislature from making provision for paying such bonds,
and requires it also to pass laws prohibiting each county and corpora¬
tion from paying any debt contracted in aid of the rebellion. In
Virginia, therefore, the question of the payment of these debts by the
state, or by counties or corporations, is settled. ,
It is of the utmost importance that the people of Virginia shall
give a cheerful support to the federal government in the payment of
all taxes assessed for paying the national debt. I regard the repudia¬
tion of the national debt as equivalent to the overthrow of "the gov¬
ernment of the United States. The government might exist in form or
in name after such an act, but could not exist in its vigor, honor and
^elf-respect and respect in the eyes of the civilized world. Such an
act would demoralize the nation and paralyze all industrial pursuits.
Confidence both in the government and in individual honor will be
destroyed, and the nation would becqme a prey to faction and to
foreign governments. Individual feeling and prejudice should be dis¬
carded. Each man* should remember that it is his duty to act for the
benefit of his children and for posterity—that a good government is
one of the greatest blessings he can himself enjoy or transmit to
posterity.
I have made every exertion to restore to each man in the state all
the rights of a citizen. I have done this under a high sense of duty
to my country. The people professed subordination to the laws, and
allegiance, in good faith, to the government, and I believed them to
be sincere in their professions. I am satisfied that no state can be
governed under a republican form of government where three-fourths
.of the people, embracing the largest tax-payers, are disfranchised and
denied a voice in making or executing the laws of the state. If I
have been mistaken as to the honesty and good faith of these profes¬
sions, the fault is with them, and not with me. Protection and loy¬
alty are reciprocal obligations. The man who acts in bad faith to the
government under which he lives is not entitled to its protection, or
to participate in the management of its affairs; but as long as he is
faithful the government is bound to exert all its power to vindicate
bis rights. In this spirit I recommended to the last legislature, at its
32
JOURNAL OF THE HOUSE OF DELEGATES.
extra session in June last, to remove the restrictions imposed by the
constitution upon voting and eligibility to office; to a part of which
recommendation the legislature consented, and submitted the residue
to a vote of the people to say whether you should be clothed with
conventional powers to remove the restrictions upon holding office.
In this spirit the loyal people of the state voted to remove the restric¬
tions, and I hope that in a like spirit you will remove the obstacles in
the way of taking their seats by those who have been "elected to the
general assembly by the people with the reasonable expectation that
the restrictions would be removed.
Your action at the present session will have much to do with the
future of Virginia. If it shall be marked by broad, liberal and en¬
lightened patriotism, looking to the building up of the great interests
of our beloved commonwealth, cultivating feelings of kindness and
fraternity, you yvill achieve a great work. If, however, your delibe¬
rations shail be disturbed by factions and party animosities, and your
policy narrow and illiberal, you will throw a gloom over tbe future of
the state that will not disappear for a generation.
I ask your forbearance for the length of this communication. I
assure you there is much yet to be said. I fervently implore the bles¬
sings of Divine Providence on your deliberations, hoping that kind¬
ness and wisdom pray distinguish all your action.
Respectfully,.
F. S. PEIRPOINT.
On motion of Mr. Dickenson, the message was laid upon the table,
and three thousand extra copies ordered to be printed.
On motion of Mr. Bently,
Resolved, That the Speaker of the house appoint three pages, at
two dollars per day.
Mr. Garnett presented the petition of J. H. C. Jones, claiming to
be elected in the district composed of the counties of King & Queen
and King- William; which was referred to the committee to be ap¬
pointed on privileges and elections.
On motion of Mr. Stearns, the rules were suspended, and Mr. Grat-
tan introduced
No. 1, A bill to amend the third article of the constitution of Vir¬
ginia; which, on motion of Mr. Garnett, was laid upon the table and
ordered to be printed.
Mr. Wall presented the petition of the citizens of Jefferson county,
praying the repeal of the acts of the general assembly proposing the-
annexation of that county to the state of West Virginia.
On motion of Mr. Woodson, the petition was referred to a select
committee to be appointed by the Speaker.
The Speaker announced the appointment of said committee as fol¬
lows, viz: Messrs. Woodson, Wall, Wilson, Garnett, and Turner of
Rappahannock.
On motion of Mr. Garnett,
Resolved, That an act reducing into one the several acts providing
journal of the house of delegates.
33
for the poor, and declaring who shall be deemed vagrants, passed on
the 10th day of February 1819, chapter 239 of the Code of 1819, be
referred to the committee for courts of justice, with instructions to
enquire into the expediency of amending and re-enacting the same;
and that they report by bill or otherwise.
On motion of Mr. Garnett,
Resolved, That so much of chapter 201 of the Code of 1860 as
refers to and provides for county police, be referred to the committee
for courts of justice, with instructions to enquire what amendments
are needed thereto; and that they report by billj or otherwise.
On motion of Mr. Scott,
■ Resolved, That the Speaker invite the clergy of this city to open
the daily proceedings of the house with prayer.
On motion of Mr. Woodson, the house adjourned until to-morrow,
twelve o'clock.
TUESDAY, December 5, 1865.
Prayer by Rev. Dr. Jeter of the Baptist church.
Mr. Woodson, from the select committee to whom had been refer¬
red the memorial of citizens of Jefferson county, praying the repeal
of the acts of the general assembly proposing the annexation of that
county to the state of West Virginia, reported a bill to be entitled
an act to repeal the second section of an act passed on the 13th day
of May 1862, entitled an act giving the consent of the legislature of
Virginia to the formation and erection of a new state within the juris¬
diction of this state; also repealing the act passed on the 31st day of
January 1863, entitled an act givin'g the consent of the state of Vir¬
ginia to the county of Berkeley being admitted into and becoming
part of the state of West Virginia; also repealing the act passed on
the 14th day of February 1862,' entitled an act giving consent to the
admission of certain counties into the new state of West Virginia
upon certain conditions, and withdrawing consent to the transfer of
jurisdiction over the several counties in each of said acts mentioned;
which was read a first time, and on motion of Mr. Woodson (two-
thirds concurring), the bill was read a second time, and ordered to
be engrossed.
On motion of Mr. WoGdson, the rule was suspended, and the bill
was read a third time and passed.
Ordered, That Mr. Woodson carry the same to the senate, and re¬
quest their concurrence.
On motion of Mr. Stearns,
Resolved, That the use of the house of delegates be given to John-
W. Tatem, of the Friends, to hold divine service to-night; and the
members are hereby respectfully requested to attend.
The following message was received from the governor, by the secre-
tarv of the commonwealth, and read:
J 5
34
journal of the house of delegates.
The Commonwealth of Virginia,
Executive Department,
Richmond, Dec. 5, 1865.
The lamented death of Littleton Tazewell} Esq., a delegate elect to
the house of delegates from the city of Richmond, which occurred on
Thursday last, causes a vacancy in your body. The funeral of Mr.
Tazewell took place on Saturday; and I did not deem it compatible
with the respect I feel, in common with the citizens of this commu¬
nity, for the memory of the deceased, to order an election to fill this
vacancy until after the funeral. My opinion is, that the vacancy ex¬
isting, with no order for an election, the house being in session, it is
not competent for me, under the law, to order an election. The sub¬
ject is therefore respectfully submitted for your action.
F. H. Peirpoint.
Hon. House of Delegates of Virginia.
On motion of Mr. Grattan, the message was laid upon the table.
On motion of Mr. Grattan,
Resolved, That the Speaker issue his writ of election to the sheriff
of the pity of Richmond, to supply the vacancy occasioned by the
death of Littleton Tazewell, Esq., a member elect to this body from
this city—to he held on Tuesday, the 12th instant.
On motion of Mr. Wilson,
Resolved, That a committee be appointed to enquire into the expe¬
diency of incorporating the Lynchburg mining and manufacturing
company in the counties of Gampbell and Bedford; and that they
have leave to report by hill or otherwise.
The Speaker announced the appointment of said committee as fol¬
lows, viz: Messrs. Wilson, Powell, Pate, Joynes and Cahell.
On motion of Mr. Garnett,
Resolved, That the committee of propositions and grievances he
and they are hereby instructed to enquire into the expediency of in¬
corporating the York river land, trust and immigration company,
with a capital stock of not less than three hundred thousand dollars,
and not more than three millions dollars; and that they report by hill
or otherwise.
On motion of Mr. Garrett,
Resolved, That the committee for courts of justice (when ap¬
pointed) enquire into the expediency of altering and amending chapter
126 of the Code of Virginia, in relation to masters and apprentices.
On motion of Mr. Straughan,
Resolved, That the house will, with the concurrence of the senate,
proceed, this day at two o'clock, to the election of public printer; and
that the passage of this resolution be communicated to the senate'
forthwith.
Ordered, That Mr. Straughan carry the same to the senate, and
request their concurrence.
On motion of Mr. Z. Turner,
Resolved, That the committee for courts of justice be instructed
JOURNAL OF THE HOUSE OF DELEGATES.
35
to enquire what amendments, if any, are necessary to he made to the
act passed on the 23rd January 186*5, entitled an act staying the col¬
lection of debts, and also to the act amending the said act, passed on
the 23rd June 1865; and report by bill or otherwise.
On motion of Mr. Garnett, the memorial of the citizens of Jeffer¬
son county was withdrawn froni the files of the house, and trans¬
mitted to the senate.
Mr. Dunnington presented the memorial of D. Wheat, and other
citizens of Prince William county, praying for the repeal of the stock
law; which was referred to the committee for courts of justice.
Mr. Dunnington introduced a bill to be entitled an act to amend
and re-enact the act entitled an act for the protection of crops in
Pairfax, Alexandria and Prince William counties, passed February
8th, 1864; which was referred to the committee for courts of justice.
On motion of Mr. Ellis,
Eesolved, That that portion of the governor's message which re¬
lates to negro testimony, be referred to the committee for courts of
justice, with permission to report by bill or otherwise.
On motion of Mr. Garrett,
Resolved, That the committee for courts of justice (when ap¬
pointed) enquire into the expediency of increasing the fees of the
clerks of the commonwealth.
On motion of Mr. Clark of Pittsylvania,
Resolved, That the committee on finance (when appointed) enquire
into the expediency of authorizing the conversion of registered bonds
of the state of Virginia into coupon bonds.
On motion of Mr. Grattan,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of amending the charter of the city of
Richmond.
On motion of Mr. A. J. Clark,
Resolved, That the secretary of the commonwealth of Virginia be
directed to furnish such members of the house of delegates as desire
it, with a copy of the constitution adopted by the convention which
assembled at Alexandria on the 13th of February 1864, and all the
acts passed by the general assembly at Wheeling, Alexandria and
Richmond, if there be enough in his office for that purpose.
On motion of Mr. Wilson,
Ordered, That the senate be requested to return to the house the
resolution to proceed to the election of public printer.
On motion of Mr. Clark of Pittsylvania,
Resolved, That the committee of roads and internal navigation
(when appointed) enquire into the expediency of extending the
Orange and Alexandria railroad from the city of Lynchburg to the
town of Danville.
On motion of Mr. Daniel, . . . .
Resolved, That leave be given to bring m a bill to incorporate the
Petersburg iron works.
S6
JOURNAL OF THE HOUSE OF DELEGATES.
On motion of Mr. .Atkinson,
Besolved, That so much of the-governors message as refers to the
•militia, be referred to the committee on military affairs.
On motion of Mr. Grattan,
Besolved, That the committee of propositions and ^ grievances he
instructed to enquire into the expediency of constituting James Al¬
fred Jones, Wellington Goddin, Thomas W. McCance, and such other
persons as may be hereafter associated with them, a corporation for
conducting the business of insurance in the city of Bichmond.
On motion of Mr. Gibboney,
Besolved, That the committee of roads and internal navigation be
instructed to enquire into the expediency of transferring the Baleigh
and Grayson turnpike to the counties in which it lies.
On motion of Mr. Grattan,
Besolved, That the committee for courts of justice be insttucted to
enquire into the expediency of amending the 5 th section of chapter
209 of the Code of 1849, by striking out, in next to the last line, the
word "general," and inserting therein the word "circuit," so as to
make it read judge of the "circuit court" instead of judge of the
"general court."
On motion of Mr. Grattan,
Besolved, That the committee of roads and internal navigation be
instructed to enquire into the expediency of authorizing the Bich¬
mond and Petersburg railroad company to borrow money at a rate of
interest exceeding six per cent, per annum, to restore the roadway
and other property of said railroad.
Mr. Bixey presented the momorial of the county court of Fauquier,
praying the enactment of a law authorizing the county court of said
county to borrow money for the erection of a courthouse, jail, &c.
.On motion of Mr. Bixey,
Besolved, That leave be given to bring in a bill authorizing the
county court of Fauquier to borrow money for county purposes.
On motion of Mr. Bixey, the memorial of the county court of Fau¬
quier was referred to a select committee.
The Speaker announced the appointment of said committee as fol¬
lows, viz: Messrs. Bixey, Marshall, Browning, English and Lewis.
A message was received from the senate by Mr. Gilmer, returning
the following resolution:
Besolved, That this house will, with the concurrence of the senate,
proceed, this day at 2 o'clock, to the election of public printer; and
that the passage of this resolution be communicated to the senate
forthwith.
Mr. Wilson, under a suspension of the rules, moved to reconsider
the vote by which said resolution was adopted. Pending which,
On motion of Mr. Joynes, the resolution was laid upon the
table.
The Speaker announced the appointment of the special committee
to report a bill to be entitled an act to incorporate the Petersburg
JOURNAL OF THE HOUSE OF DELEGATES.
37
iron works, as follows, viz: Messrs. Daniel, Atkinson, Merritt, Wat-
kins and Wood.
Mr. Ellis, by leave, introduced a bill to be entitled an act to incor¬
porate the Norfolk Dity railroad; which was referred to the committee
of roads and internal navigation.
On motion of Mr. Grattan,
Resolved, That so much of the governor's message as relates to the
legal interest on money, be referred to the committee on finance.
On motion of Mr. Word,
Resolved, That that portion of the governor's message in relation
to a public printer, be referred to a joint committee, consisting of
three members of each house of the general assembly, to investigate
said recommendation, and report to both houses at an early day.
Ordered, That the said resolution be communicated to the senate,
and their concurrence requested.
On motion of Mr. Watkins,
Resolved, That the committee of schools and colleges be instructed
to enquire whether further legislation is necessary to make available
to the state the provisions of an act of congress entitled an act do¬
nating public lands to the several states and territories which may
provide colleges for the benefit of agriculture and mechanic arts, ap¬
proved July 2d, 1862.
On motion of Mr. Merritt,
Resolved, That the committee on agriculture and commerce (when
appointed) be instructed to enquire into the expediency of amending
chapter 99 of the Code of 1860, concerning enclosures and certain
trespasses.
On motion of Mr. Dickenson,
Resolved, That so much of the governor's message as relates to
the collection of taxes, be referred to the committee for courts of
justice.
Mr. Graham presented the memorial of a committee of the board
of visitors of "the Virginia military institute, setting forth the claims
of the institute to the benefits of the land scrip donated under the
act of congress, approved J uly 2, 1862, and accepted by the state of
Virginia at Alexandria, February 6, 1864; which was referred to the
committee of schools and colleges.
On motion of Mr. Cabell,
Resolved, That the committee for courts of justice enquire* into the
expediency of so amending chapter 192 of the Code of Virginia as to
provide more effectually for the punishment of burglary and larceny.
On motion of Mr. Smith, _ - #
Resolved, That the committee on finance be instructed to enquire
into the expediency of reporting a bill directing the payment of claims
against the Eastern lunatic asylum, and for services rendered for the
years 1862 and 1863, out of any money in the hands of the treasurer
of said asylum.
On motion of Mr. Newberry, . . ,
Resolved That the committee of roads and internal navigation be
38
JOURNAL OF THE HOUSE OF DELEGATES.
instructed to enquire into the expediency of transferring to the county
of Bland the Holston turnpike.
On motion of Mr. Watkins,
Resolved, That the committee for courts of justice enquire into the
expediency of repealing the act entitled an act prescribing an oath in
certain cases, passed 15th May 1862, and of providing that wherever
parties have heretofore sued out any civil process in any of the courts
of record in this state without taking the oath prescribed by said act,
the suit shall not abate in consequence thereof.
On motion of Mr. Gribboney,
Resolved, That the committee of propositions and grievances be
instructed to enquire into the expediency of changing the place of
voting, from Fox's Store, in the county of Wythe, to "Graham's
Forge," in said county.
On motion of Mr. Holmes,
Resolved, That the committee of privileges and elections be in¬
structed to enquire into the expediency of changing the election pre¬
cincts in the fourth and seventh districts of Southampton county.
On motion of Mr. G-arnett,
Resolved, That so much of the message of the governor as refers
to oysters and the oyster trade, be referred to a joint select committee,
consisting of seven members of the house and three of the senate.
On motion of Mr. Braxton,
Resolved, That the committee for courts of justice enquire into the
expediency of providing by law for the suspension of all legal pro¬
ceedings for the recovery of debts, for a given period.
On motion of Mr. G-arnett,
Resolved, That the committee of roads and internal navigation be
and are hereby instructed to enquire into the expediency of so amend¬
ing the charter of the West Point land company, passed February
13th, 1856, as to allow the said company to increase its capital stock
to the amount of three hundred thousand dollars, divided into shares
of one hundred dollars each, and to allow the said company to pur¬
chase, hold and grant real estate to the extent of twenty thousand
acres, instead of two thousand acres, as now provided by its charter;
and that they report by bill or otherwise.
On motion of Mr. Wood,
Resolved, _ That the committee of roads and internal navigation
(when appointed) be instructed to enquire into the expediency of
authorizing the board of directors of the "Virginia Central railroad
company to borrow a sum of money for the purpose of restoring their
roadway, depots and equipment to a proper condition.
On motion of Mr. W. T. Clark,
Resolved, That that portion of the governer's message relating to
insurance companies, be referred to the committee on finance.
On motion of Mr. Dickenson,
Resolved, That the committee for courts of justice be instructed
to enquire into the expediency of amending the law in relation to the
collection of debts, commonly called the "stay law," so as to obviate
journal of the house of delegates.
39
the necessity of giving notice, and to allow only the interest, with
one-fourth of the principal, to be collected per annum,
Mr. Langhorne submitted the following resolution:
Eesolved, That none other than regular graduates of medicine be
allowed licenses to practise the same.
Mr. Joynes moved that the resolution be referred to the committee
for courts of justice. Pending which,
On motion of Mr. Powell, the resolution was laid upon the table.
Mr. English presented the memorial of R. J. T. Wilson of Alex-
dria, praying that certain money paid for license be refunded; which
was referred to the committee of propositions and grievances.
On motion of Mr. Bently, the house adjourned until to-morrow
twelve o'clock.
WEDNESDAY, December 6, 1865.
Prayer by Rev. Dr. Hoge of the Presbyterian church.
On motion of Mr. Hansbrough,
Resolved, That the act passed by the general assembly January
12th, 1864, entitled an act for the protection of crops in Fairfax, &c.,
be so amended as to embrace in the first section the counties of King
George and Stafford.
Mr. Wall presented the petition of Henry Stephenson, praying the
enactment of a law authorizing him to sell certain lands; which was
referred to the committee for courts of justice.
Mr. Wall presented the petition of L. A. Miller, John G. Miller
and James B. Russell, praying the enactment of a law to enable them
to settle the county and state claims remaining in their hands unset¬
tled, and to return the delinquent lists for 1861, &c.; which was
referred to the committee of propositions and grievances.
On motion of Mr. Stearns,
Resolved, That that portion of the governor's message relating to
the public schools, be referred to the committee of schools and col¬
leges, and that they enquire into the expediency of reporting such a
bill as will practically carry out his recommendation, at their ^earliest
convenience.
On motion of Mr. Ilerndon,
Resolved, That the committee for courts of justice be and they are
hereby instructed to enquire into the expediency of reporting a bill
repealing the acts passed 14th and 15th May 186% prescribing oaths
in certain cases.
On motion of Mr. Merritt,
Resolved, That the committee for courts of justice be instructed
to enquire whether the proceedings of the courts of justice of this
state during the late war are valid or not; and if there be a reason¬
able doubt of their validity, whether this legislature shall pass any
40
JGUBHAL OE THE HOUSE OP DELEGATES.
laws, and what laws to affirm and establish their legality and validity;
and also to enquire what disposition shall be made of the inchoate
and unfinished business pending in said courts at the close of the
war; and report by bill or otherwise.
On motion of Mr. Kilby,
Resolved, That a special committee of five be appointed by the
Speaker, whose duty it shall be to enquire into the expediency of pro¬
viding by law for the appointment of a commissioner for each city
and county in the state of Virginia, whose duty it shall be to take a
list of property, both real and personal, which has been damaged,
taken or destroyed by the federal army, or any portion of them, du¬
ring the late war; and also a list of the same, which has been taken,
damaged or destroyed by the southern army, or any portion, during
the late war; and also the value of such property so taken, damaged
or destroyed, at the time it was done. Also, to take a list of all
negroes, and the value thereof, who were slaves at the time of the
proclamation of President Lincoln. And said committee have power
to report by bill or otherwise.
On motion of Mr. Joynes,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of allowing William H. Parker and
others to enter and receive a grant for a part of the shores or beach
lying east of Linen Bar, at Cape Charles, in Northampton county,
JEastern Shore of Virginia.
On motion of Mr. White,
Resolved, That the committee on finance (when appointed) enquire
into the expediency of converting the registered bonds of this com¬
monwealth into coupon bonds.
On motion of Mr. Bently,
Resolved, That the committee on finance be instructed to enquire
into the expediency of reducing the tax on merchants' licenses, and
of modifying or repealing the tax on the salaries of clerks.
On motion of Mr. Mosby,
Resolved, That so much of the governor's message as relates to
labor and contracts for labor, be referred to the committee for courts
of justice.
On motion of Mr. Garrett,
Resojved, That the committee on finance be instructed to enquire
into the expediency of the state of Virginia assuming the debt due
by the citizens under the act of congress.
On motion of Mr. Lewis,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of repealing the 20th section of chapter
176 of the Code of Virginia.
Mr. Martin submitted the following resolution:
Whereas the people of Virginia have lost, by the late war, all of
their slaves, arid much of their other property, amounting to millions
of dollars: and whereas the debts, contracted on the faith of that
property, are yet unpaid, and which it is impossible for the people
JOURNAL OF THE HOUSE OF DELEGATES.
41
ever to pay, in consequence of their , heavy losses—having no means
to discharge those liabilities but their .lands, household and kitchen
furniture, which in most cases are barely sufficient for their subsist¬
ence—and to deprive them of these, would be productive of a state of
misery and want unparalleled in the history of this state: Therefore,
Be it resolved, That the committee-for courts of justice enquire
what legislation may be necessary for the relief of the people of this
commonwealth, in their present distracted condition.
On motion of Mr. Joynes,
Ordered, That the foregoing resolution be referred to the committee
for courts of justice.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate had passed house bill
(No. 2) entitled an act to repeal the"2d section of an act passed on
the 13th day of May 1862, entitled an act giving the consent of the
legislature of Virginia to the formation and erection of a new state
within the jurisdiction of this state; also repealing the act passed on
the 31st day of January 1863, entitled an act giving the consent of
the state of 'Virginia to the county of Berkeley being admitted ihto
and becoming part of the state of West Virginia; also repealing the
act passed on the 4th day of February 1863, entitled an act giving
consent to the admission of certain counties into the new statefof
West Virginia upon certain conditions, and withdrawing consent to
the transfer of jurisdiction over the several counties in each of said
acts mentioned.
The Speaker announced the following standing committees of the
house:
Committee of privileges and elections—Messrs. Wall, Bently, Kel-
lam, Wooldridge, Harris, A. J. Clark, Graves, Woltz and Holmes.
Committee for courts of justice—Messrs. J oynes, Marshall, Grat-
tan, Wilson, Garnett, Woodson, Herndon, Dickenson, Sea well and
Cabell.
Committee of schools and colleges—Messrs. Watkins, J. McDowell
Taylor, Bekem, Townes, Seawell, W. A. Turner, Waddell, Hern¬
don, Robertson and Joynes.
Committee of propositions and grievances^—Messrs. Garnett, Kilby,
White, Hancock, Ragsdale, Long, Davison, Teeter and Moore.
Committee of claims—Messrs. Pendleton, Merritt, Straughan,
Braxton, Purdy, Browning, Pate, Trout and Mann.
Committee of roads and internal navigation—Messrs. Graham,
Stearns, Pendleton, Garrett, Daniel, Miller, Wall, Glendy, Morgan,
Wood, Jackson, English and Ellis.
Committee on military affairs—Messrs. Daniel, Kendiick, Baylor,
Dunnin°"ton, Hansbrough, Bowles, Hardy, Moore and Booker.
Committee on finance—Messrs. Grattan, Owen, Gibboney, Stearns,
Robertson, Martin, Atkinson, Z. Turner, Waddell, Magill, Gray,
Harnsberger and Hardy.
Committee to examine the penitentiary—Messrs. Word, Lee, Chil-
6
42
JOURNAL OF THE HOUSE OF DELEGATES.
dress, Christian, Davidson, Deskins, Dunnington, Fields and Lewis.
Committee to examine the armory—Messrs. Patterson, Mosby, Par¬
sons, Peed, W. F. B. Taylor, Teeter, Morris, Hancock and Davis.
Joint committee on the library—Messrs. Marshall, Watkins, Mos¬
by, Woodson, Robertson, Bekem, Waddell, Browning and Cabell.
Committee on agriculture and manufactures—Messrs. Bowles,
Townes, Scott, Davidson, Strayer, Riggs, Davis, McDonald and
Deskins.
Committee on enrolled bills—Messrs. Wilson, Thompson, Brown,
Dickenson, White, Wyatt, Rixey, Langhorne and Smith.
Committee on lunatic asylums—Messrs. G-arrett, Baylor, Smith,
.Strayer, Newberry, Rixey, Powell, W. T. Clark and Purdy.
Committee on banks—Messrs. Bently, W. T. Clark, W. A. Turner,
Thompson, Lee, Hansbrough, Hurst, Brown and Kendrick.
Committee on trade and mechanic arts—Messrs. Kilby, Braxton,
A. J. Clark, Childress, Christian, Davidson, English, Ellis and
Glendy.
Committee on county organization—Messrs. Powell, Atkinson,
Graves, Gibboney, Gray, Harnsberger, Harris, Holmes and Hurst.
Joint committee on executive expenditures—Messrs. Woodson,
Jackson, Wood, Z. Turner and Word.
Joint committee to examine the first auditor's office—Messrs. J.
McDowell Taylor, Scott, Pate, Morgan, Merritt and Graham.
Joint committee to examine the second auditor's office—Messrs.
Owen, Parsons, Martin, McDonald and Magill.
Committee to examine the clerk's office—Messrs. Dickenson, Wyatt,
Woltz, Wooldridge, W. F. B. Taylor and Booker.
Joint committee to examine the register's office—Messrs. Harnsber¬
ger, Miller, Morris, Newberry, Patterson and Fields.
Joint committee to examine the treasurer's accounts—Messrs.
Stearns, Straughan, Trout, Riggs, Ragsdale and Kellam.
Joint committee to examine the bonds of public officers—Messrs.
Cabell, Long, Mann, Lewis, Langhorne and Peed.
The Speaker announced the appointment of the following select
committee on rules, under resolution of Mr. Bently: Messrs. Pendle¬
ton, Garnett, Watkins, Bently, Grattan, Joynes and Garrett.
On motion of Mr. Joynes, the Speaker was added to the committee
on rules.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate had passed a bill to be
entitled an act to amend the third article of the constitution of Vir¬
ginia; in which they respectfully requested the concurrence of the
house of delegates. *
On motion of Mr. Grattan, the bill from the senate was taken up,
and read a first, second and third times.
On motion of Mr. Graves, the rule was suspended to enable him to
move to reconsider the vote by which the bill was ordered to a third
reading; which motion was made, and the question being put, it was
decided in the affirmative.
JOURNAL OF THE HOUSE OF DELEGATES. , 43
Mr. Graves submitted the following amendment:
Strike out all after the preamble, and insert in lieu thereof the fol¬
lowing, viz:
"Be k enacted by the general assembly of Virginia, That the said
third article of the constitution be amended and re-enacted so as to
read as follows:
1. Every white male citizen of the commonwealth, of the age of
twenty-one years, who has been a resident of the state for two years,
and of the county, city or town where he offers to vote for twelve
months next preceding an election, and who has paid all the taxes
assessed to him under the laws of the commonwealth (and has taken
an oath to support the constitution of the United States)—and no
other person—shall be qualified to vote for members of the general
assembly, and all officers elective by the people; and no person shall
have the right to vote who is of unsound mind, or a pauper, or a
non-commissioned officer, soldier, seaman or marine in the service of
the United States, or who has been convicted of bribery in an elec¬
tion, or of any infamous offence.
2: The general assembly, as occasion may require, shall cause every
city or town, the white population of which exceeds five thousand, to
be laid off into convenient wards, and a separate place of voting to
be established in each; and thereafter no inhabitant of such city or
town shall be allowed to vote except in the ward in-which he
resides.
3. No voter, during the time of holding any election at which he is
entitled to vote, shall be compelled to perform military service, except
in time of war or public danger; to work on the public roads, or to
attend any court as a suitor, juror or witness; and no voter shall be
subject to arrest under any civil process during his attendance at
elections, or in going to or returning from them.
4. In all elections votes shall be given openly, or viva voce, and
not by ballot; but dumb persons entitled to suffrage may vote by
ballot."
On motion of Mr. Watkins, the bill and amendment were referred
to the committee for courts of justice.
Mr. Cabell presented the petition of B. B. Woodson, clerk circuit
court of Cumberland county, asking the enactment of a law to ena¬
ble him to qualify and enter upon the discharge of his duties; which
was referred to the committee for courts of justice.
Mr. Waddell introduced a bill to be entitled an act to incorporate
the Virginia insurance company; which was referred to the committee
of propositions and grievances.
A message was received from the senate by Mr. Meade, who in¬
formed the house of delegates that the senate had passed a joint reso¬
lution requesting the governor to communicate to congress and the
governor of West Virginia, the act in relation to the withdrawal of
consent to the annexation of certain counties to the state of West
Virginia; in which they respectfully requested the concurrence of the
house of delegates.
44
JOURNAL OF THE HOUSE OF DELEGATES.
On motion of Mr. Z. Turner, the joint resolution was taken up for
consideration, read a first, second*and third times; and the question
being put—Shall the joint resolution pass? it was decided in the
affirmative.
Ordered, That Mr. Pendleton inform the senate thereof.
. On motion of Mr. Turner of 'Rappahannock,
Resolved, That so much of the governor's message as relates to the
sale of the interest of the state in works of internal improvement, be
referred to the committee on finance.
Mr. Herndon presented the petition of William R. Graham of the
county of Lee, asking permission to build a dam across Powell's river;
which was Ordered to be referred to the committee of propositions and
grievances.
On motion of Mr. Hardy,
Resolved, That to-morrow, the 7th instant, having been appointed
by the president of the United States and the governor of Virginia
as a day of thanksgiving, the adjournment of this house to-day be
until Friday, the 8th instant, at twelve o'clock.
On motion of Mr. Hardy,
Resolved, That that portion of the governor's message which re¬
lates to the proceedings of courts, &c., during the rebellion, be referred
to the committee for courts of justice.
On motion of Mr. Gibboney,
Resolved, That the special committee appointed to revise the rules
of this house be instructed to enquire into the expediency of so amend¬
ing the rules as to allow each committee to elect its own clerk, instead
of being appointed by the clerk of the house.
On motion of Mr. Woodson,
Resolved, That so much of the governor's message as relates to the
freedmen, and the laws for their government and protection, be referred
to the committee for courts of justice, who are instructed to report by
bill or otherwise.
On motion of Mr. Scott,
Resolved, That the committee on military affairs enquire into the
expediency of reporting, at the earliest day practicable, some plan of
organizing, for police duty, an efficient military force in each county.
On motion of Mr. Lee,
Resolved, That the Speaker be authorized to appoint an additional
page.
Mr. Martin submitted the following resolution, which lies over un¬
der the rules:
Resolved, That the clerk shall, make a list of the election districts
of this state, in alphabetical order, and shall call for resolutions and
petitions from the several districts, in regular order.
On motion of Mr. Grattan,
Resolved, That the committee on the armory be instructed to en¬
quire into the expediency of confirming or re-enacting an act passed
March 8th, 1864, entitled an act to authorize the governor to lease a
portion of land adjoining the armory.
JOURNAL OF THE HOUSE OF DELEGATES.
45
Mr. Straughan submitted the following resolution:
Resolved, That a special committee of seven be appointed to take
into consideration the propriety of calling a convention to alter and
amend the constitution of the state; and that said committee be au¬
thorized to report by bill or otherwise; which, on his motion, was laid
on the table.
On motion of Mr. Watkins,
Resolved, That the committee for courts of justice.be instructed to
enquire into the expediency of taxing, in the costs of suit, the inter¬
nal revenue stamps required by the act of congress to be placed on
any civil process in courts of record in this state.
On motion of Mr. Moore,
Resolved, That the committee of roads and internal navigation be
authorized to enquire into the expediency of a change in the location
of the Floyd and Christiansburg turnpike.
Mr. Garnett introduced a joint resolution asking for the pardon of
the Hon. R. M. T. Hunter of Virginia; which, on motion of Mr.
Garnett, was referred to a select committee of three.
The Speaker announced the appointment of said committee, to
wit: Messrs. Garnett, Herndon and Straughan.
Mr. Daniel, from the select committee appointed to enquire into
the expediency of incorporating the Petersburg iron works, reported
the following bill, which was read a first time:
Ho. 3, A bill to incorporate the Petersburg iron works.
On motion of Mr. Clark,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of amending the charter of the town of
Danville.
On motion of Mr. Gibboney,
Resolved, That the committee of roads and internal navigation be
instructed to enquire into the expediency of providing by law for the
transfer of all turnpike, plank and macadamized roads in the com¬
monwealth, to the several counties in which they lie.
Mr. Ellis introduced a bill ratifying the amendment to the consti¬
tution of the United States, proposed by the congress of the United
States to the several states, on the 5th day of December 1864, and
approving and confirming the action of the general assembly of the
state of Virginia, which met at Alexandria on the 5th day of De¬
cember 1864, relative to the said amendment; which was ordered to
be referred to the committee for courts of justice.
Mr. Riggs presented a petition of citizens of the county of Wise,
asking a change of the Pound gap road; which was ordered to be
referred to the committee of roads and internal navigation.
On motion of Mr. Watkins,
Resolved, That the committee for courts of justice enquire into the
expediency of repealing an act entitled an act to amend and re-enact
the act prescribing oaths in certain cases, and providing for the regis¬
tration of the same.
46
journal of the house of delegates.
On motion of Mr. Wood,
Resolved, That the committee of propositions and grievances take
into consideration the propriety of incorporating the national express
and transportation company.
On motion of Mr. Turner of Albemarle,
Resolved, That the committee on finance enquire into the expe¬
diency of incorporating the national insurance company of Virginia.
On motion of Mr. Ragsdale, the house adjourned until Friday,
twelve o'clock.
FRIDAY, December 8, 1865.
Prayer by Rev. Dr. Price of the Presbyterian church.
On motion of Mr. Stearns, he was excused from service on the com¬
mittee on treasurer's accounts.
Mr. Joynes, from the committee for courts of justice, reported
senate bill (No. 1) entitled an act to amend the third article of the
constitution of Virginia, with the following amendment:
Strike out all after the preamble, and insert in lieu thereof the fol¬
lowing, viz:
" 1. Be it enacted by the general assembly, that the first section of
the said third article of the constitution be amended by striking there¬
from the following words:
£No person shall hold any office under this constitution, who shall
not have taken and subscribed the oath aforesaid. But no person
shall vote or hold office under this constitution, who has held office
under the so-called confederate government, or under any rebellious
state government, or who has been a member of the so-called confede¬
rate congress, or a member of any state legislature in rebellion against
the authority of the United States, excepting therefrom county officers.'
2. The general assembly retains to itself the power to alter or
amend all the other provisions of the said third article.
3. This act shall-be in force from its passage."
Mr. Joynes, from the same committee, reported that the committee
have, according to order, had under consideration the bill entitled an
act to amend and re-enact the act entitled an act for the protection of
crops in Fairfax, Alexandria and Prince William counties, passed
February 8th, 1864, and have adopted the following resolution rela¬
tive thereto:
Resolved, That the bill be referred to the committee on agriculture
and manufactures, and that this committee be relieved from the fur¬
ther consideration thereof.
Ordered, That the same be referred to the committee on agriculture
and manufactures.
Mr. Graham, from the committee of roads and internal navigation,
reported a bill (No. 31) entitled an act in relation to the Richmond
and Petersburg railroad company.
JOURNAL OF THE HOUSE OF DELEGATES.
47
On motion, the senate hill (No. 1) entitled an act to amend the
third article of the constitution of Virginia, was taken up.
The question being on agreeing to the amendment of the committee,
it was decided in the affirmative.
The bill was then read a third time and passed.
Ordered, That Mr. Grattan communicate the same to the senate,
and request their concurrence.
Mr. G-arnett, from the select committee on the pardon of E. M. T.
Hunter, reported a joint resolution requesting the president of the
United States to grant pardons to R. M. T. Hunter and R. L. Mon¬
tague; which was read a first time.
Mr. Clark of Pittsylvania moved to lay the joint resolution on the
table; and the question being put, it was decided in the negative.
On motion of Mr. Garnett (two-thirds concurring), the joint reso¬
lution was read a second time.
Mr. Graham submitted the following amendment:
"Add the name of John Letcher to the names of R. M. T. Hunter
and R. L. 'Montague, wherever they occur."
The question being put on agreeing thereto, it was decided in the
negative.
Mr. Gibboney submitted the following amendment:
Strike out all in the preamble having reference to Messrs. Hunter
and Montague, and all after "assembly," and insert "that the presi¬
dent be earnestly requested to grant a general pardon to all citizens of
Virginia requiring executive clemency under existing laws of the
United States;" and the question being put on agreeing thereto, it
was decided in the affirmative.
On motion (two-thirds concurring), the joint resolution was read a
third time; and the question being put—Shall the joint resolution
pass? it was decided in the affirmative.
On motion of Mr. Garnett, the title was amended so as to read as
follows:
"Joint resolution requesting the president of the United States to
grant a general amnesty to the people of Virginia."
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
Mr. Joynes, from the committee for courts of justice, reported a bill
(No. 4) entitled an act for the relief of R. B. Woodson, clerk circuit
court of Cumberland county; which was read a first time.
Mr. Wilson, from the select committee on the subject of the Lynch¬
burg mining and manufacturing company, &c., reported a bill (No. 5)
entitled an act incorporating the Lynchburg mining and manufactu¬
ring company in the counties of Campbell, Bedford and Amherst;
which was read a first time.
Mr. Dunnino-ton presented the memorial of General Duff Green,,
askinp- for the incorporation of the American industrial agency, and
the minin^ manufacturing and improvement company; which was
referred to°the committee on agriculture and manufactures.
48
JOURNAL OF THE HOUSE OF DELEGATES.
On motion of Mr. Grattan,
Resolved, That the resolution adopted on the 5th instant, direct¬
ing the Speaker of the house to issue a writ of election to sup¬
ply the vacancy occasioned by the death of Littleton Tazewell, a
delegate elect from the city of Richm'ond, and fixing Tuesday, the
12th instant, as the day for the election, be rescinded, and that
the Speaker be directed to issue a writ of election for the purpose
aforesaid.
On motion of Mr. Graham,
Resolved, That the committee of roads and internal navigation en¬
quire into the expediency of requiring the railroads to transport, free
of charge, and the James river and Kanawha company free of toll,
clover seed, gypsum, guano, phosphate and superphosphate of lime.
On motion of Mr. Ellis,
Resolved, That the committee on finance enquire into the expe¬
diency of relieving from taxation persons whose property has been
seized and held by the United States authorities, during the time that
such property was so held by the said United States authorities; and
report by bill or otherwise.
Mr. Rixey, from the select committee on the subject of authorizing
the county court of Fauquier to borrow money, reported the bill (No.
6) to authorize the county court of Fauquier to borrow money for
county purposes; which was read a first time.
On motion of Mr. Graham,
Resolved, That the committee on agriculture and manufactures
enquire into the expediency of so amending chapter 99 of the Code
of Virginia as to provide, when two coterminous owners of adjacent
land cannot agree as to the making, changing or repairing a line fence
between them, that the county surveyor or other arbiter may be re¬
quired to adjust it.
On motion of Mr. Straughan,
Resolved, That the auditor of public accounts be directed to fur¬
nish this house with a tabular statement of the amount of taxes as¬
sessed and collected in the several counties, cities and towns of the
present state of Virginia for the year 1860, showing, in separate col¬
umns, the tax on real estate, the tax on slaves, and the tax on all
other property. Also, a similar statement showing the amount of
taxes assessed and collected in the several counties, cities and towns
now constituting the state of West Virginia.
On motion of Mr. Turner of Rappahannock,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of passing a bill authorizing the auditor
of public accounts to pay the claims of public officers, for services
rendered to the commonwealth since the 1st day of April 1865.
On motion of Mr. Kilby,
Resolved, That the committee for courts of justice enquire into the
expediency of authorizing banks to compromise with their creditors,
when it may be deemed necessary.
JOUKHAL OF THE HOUSE OF DELEGATES.
49
Mr. Hurst offered the following preamble and resolution, viz:
Whereas it is currently reported, and generally believed, that the
celebrated Hudibrastic General B. ,F. Butler is about to take charge
of this military department, with powers extraordinary: Therefore,
Besolved, That whatever money may remain in the state treasury
be immediately divided among the widows and orphans of deceased
soldiers, and that couriers be dispatched to the various counties, re¬
questing the people to secrete or bury their plate; which, on motion
of Mr. Grattan, was laid on the table.
On motion of Mr. Browning,
Resolved, That the committee for courts of justice enquire what
legislation may be necessary for the relief of fiduciaries, who have re¬
ceived confederate money by order of court; and report by bill or
otherwise.
On motion of Mr. Ellis,
Resolved, That the committee for courts of justice enquire into the
expediency of so amending the charter of the city of Norfolk as to
allow compensation to the justices of said city for their services, to
be paid out of the treasury of said city, and to commence from the
14fch of June last, at which time civil government was there re¬
established.
On motion of Mr. Clark of Campbell,
Resolved, That the committee for courts of justice, to which the
constitutional amendment has been referred, be instructed to enquire
into the expediency of restricting the right of suffrage to a property
qualification.
On motion of Mr. Word,
Resolved, That a select committee of five be appointed to enquire
into the expediency of reporting a bill to incorporate the Catawba
coal and iron company, in the county of Botetourt.
The Speaker announced the appointment of said committee as fol¬
lows, viz: Messrs. Word, Joynes, Harris, Rently and Watkins.
On motion of Mr. Ellis, '
Resolved, That the committee for courts of justice enquire into the
expediency of so amending the first section of an act entitled an act
staying the collection of certain debts, as that sales of property, may
be made under the decrees and judgments of the courts, in^ cases
where the collection of previously existing debts is not the object of
such sales; and report by bill or otherwise.
On motion of Mr. Grattan,
Resolved That the committee of propositions and grievances be
instructed to enquire into the expediency of constituting A. H. Chris¬
tian and John F. Whitfield, with such other persons as they shall
associate with them, a corporation to manufacture paper, woollen and
cotton goods, iron or other articles, in the city of Richmond.
On motion of Mr. Ellis, ,
Resolved That the committee • on finance enquire into the expe¬
diency of increasing the present rate of interest on the loan or forbear¬
ance of money to ° per cent, per annum; to apply to those cases in
7
50
JOURNAL OF THE HOUSE OF DELEGATES.
which no special agreement is entered into regarding it; and report
by bill or otherwise.
On motion of Mr. Davison,
Resolved, That the committee of roads and internal navigation he
instructed to enquire into the expediency of transferring the Luray
and Front Royal turnpike road to the several counties through which
said road passes.
On motion of Mr. Purdy,
Resolved, That the committee for courts of justice enquire into the
expediency of so amending the several chapters of the Code of 1860,
relating to constables, as to elevate the executive importance and so¬
cial position of those officers, by increasing their fees or otherwise.
On motion of Mr. Clark of Campbell,
Resolved, That the committee of propositions and grievances he
instructed to enquire into the expediency of establishing negro poor-
houses in each county of the state, and levying a capitation tax on
the negroes to support the paupers in the county wherein they reside.
On motion of Mr. Owen,
Resolved, That the committee on agriculture and manufactures
enquire into the expediency of so altering the law in relation to en¬
closures, as to make the boundary line of each farm a lawful fence;
or that they enquire by what other means crops can be protected from
live stock, without the present expensive system of enclosures.
On motion of Mr. Holmes,
Resolved, That ii* view of the facts of the great depreciation of
lands, in consequence of the difficulty of procuring labor and the
high rates of federal and state taxes, that the committee on finance
be instructed to enquire into and report upon the propriety of the
legislature ordering a reassessment of said lands at as early a period
as practicable.
On motion of Mr. Smith,
Resolved, That the committee of propositions and grievances be
and they are hereby required to enquire into the expediency of re¬
moving, as soon as practicable, all of the negroes now located in the
city of Williamsburg, and the counties of York, Warwick and Eliza¬
beth City,_ that did not live there before the war, back to the cities
and counties of the state where they belonged originally.
On motion of Mr. Holmes,
Resolved, That the committee on military affairs be instructed to
take into consideration the present militia organization, and report
whether some amendments or alterations are not necessary to render
it more effective.
On motion of Mr. Merritt,
Resolved, That the committee of roads and internal navigation be
instructed to enquire into the expediency of conferring on the county
courts of the state the power of permitting private individuals or
companies to erect toll bridges within their respective counties, on
such terms and with such restrictions as the said courts shall impose;
anc^ report by bill or otherwise.
JOURNAL OF THE HOUSE OF DELEGATES.
51
On motion of Mr. Childress,
Resolved, That the committee on agriculture and manufactures
enquire into the expediency of incorporating the Snowville woollen
manufacturing company in the county of Pulaski.
On motion of Mr. Bekem,
Resolved, That the committee for courts of justice enquire into the
expediency of providing by law that no presentment or indictment
found by a grand jury shall be abated in consequence of one or more
of the panel being a constable, ordinary keeper, surveyor of a road,
or not being a freeholder.
Mr. Ellis introduced a bill entitled an act giving validity to the
proceedings of courts of justice in certain portions of the common¬
wealth during the late war, and for other purposes; which was referred
to the committee for courts of justice.
On motion of Mr. Clark of Campbell,
Resolved, That the committee for courts of justice be instructed to*
enquire into the expediency of abolishing the board of public works.
On motion of Mr. Langhorne,
Resolved, That the committee on the judiciary enquire into the
propriety of legislating on or so amending the law in regard to the
first judicial circuit, as to include the city of Portsmouth, which was
overlooked in districting the state under the constitution of 1864.
On motion of Mr. Cabell,
No. 4, A bill entitled an act for the relief of B. B. Woodson, clerk
of the circuit court of Cumberland county, was taken up for conside¬
ration; and on his further motion (two-thirds concurring), it was
read a second time, and ordered to be engrossed and read a third time.
On motion of Mr. Robertson,
Resolved, That so much of the governor's message as relates to the
repair of the capitol and capitol grounds, be referred to the committee
on the library.
On motion of Mr. Woodson,
Resolved, That so much of the governor's message as relates to the
digest and report of the laws of Virginia since 1861, prepared by the
secretary of the commonwealth, together with said digest and report,
be referred, to the committee for courts of justice.
Mr. Watkins presented the following resolution:
Resolved, That, the senate concurring, the general assembly will
proceed to elect a secretary of the commonwealth, a first auditor, a
second auditor, and treasurer of the commonwealth, on Tuesday next,
at one o'clock P. M.
Mr. Pendleton moved to amend the resolution by adding thereto
the words "public printer;" and the question being put, was decided
in the negative. < .
Mr. Kilby moved to amend the resolution by striking out " Tues¬
day," and inserting "Thursday;" and the question being put, was
decided in the negative. ^ ^
The question recurring on agreeing to the resolution, it was decided
in the affirmative.
52
JOURNAL OF THE HOUSE OF DELEGATES.
Ordered,' That Mr. Watkins carry the same to the senate, and
request their concurrence.
On motion of Mr. Davis,
Resolved, That the committee for courts of justice consider the
expediency of authorizing the county courts to appoint a sufficient
police, with power to preserve order, suppress improper assemblies for
mischievous purposes, and prevent vagrancy; and report at an early
day by bill or otherwise.
On motion of Mr. Garnett,
Resolved, That so much of the message of the governor as refers
to the settlement of accounts between the commonwealth of Yirginia
and West Yirginia, be referred to the committee on finance; and that
they be directed to report by bill or otherwise.
On motion of Mr. Gibboney,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of providing by law that in all suits here¬
after brought upon bonds, promissory notes or accounts, all credits
endorsed upon said bonds, notes or accounts, shall be endorsed upon
the original writ by the clerk, when he issues the same.
On motion of Mr. Robertson,
Resolved, That whereas the constitution of Yirginia, article the
fifth, amongst other things, provides, that there shall be a board of
public works, to consist of three commissioners; the state shall be
divided into three districts, containing as nearly as may be, equal
numbers of voters, and the voters of each district shall elect one com¬
missioner: and whereas it further declares, that the general assembly
shall provide for the election and compensation of the commissioners
and the organization of the board: Therefore,
Be it resolved, That so much of said article as is intended to be
referred to the general assembly for its action, be committed to the
committee for courts of justice, for their report upon the same.
On motion of Mr. Teeter,
Resolved, That the committee of schools and colleges enquire into
the expediency of reporting a bill so amending the existing law as to
provide for a more efficient common school system.
On motion of Mr. Daniel,
No. 4, A bill to incorporate the Petersburg iron works, was taken
up for consideration, and read a second time; and on his further mo¬
tion, the rule having been suspended requiring the bill to be engrossed,
it was read a third time and passed (two-thirds concurring).
Ordered, That the clerk communicate the same to the'senate, and
request their concurrence.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house that the senate had concurred in the amendment of
the house to the senate bill (No. 1) entitled an act to amend the third
article of the constitution of Yirginia.
On motion of Mr. Woodson,
Resolved, That the committee for courts of justice enquire into the
expediency of repealing the act of January 29th, 1864, permitting
JOURNAL OF THE HOUSE OF DELEGATES. 53
parties to suits to testify therein, or of so amending the same as to
confine the admission of parties, as witnesses, to those cases in which
both parties are living, and within the jurisdiction of the state; and
to exclude the wife of any party.
On motion of Mr. Clark of Pittsylvania,
Resolved, That the committee on internal improvements be in¬
structed to enquire into the expediency of authorizing the Richmond
and Danville railroad company to issue its bonds to an amount not
exceeding five hundred thousand dollars, for the purpose of improving
said road.
On motion of Mr. Grattan,
No. 31, A bill in relation to the Richmond and Petersburg railroad
company, was taken up, and (two-thirds concurring), read a second
time; and on his further motion, the rule having been suspended re¬
quiring the bill to be Engrossed, it was read a third time and passed
(two-thirds concuntng).
Ordered, That Mr. Grattan carry the same to the senate, and re¬
quest their concurrence.
A message was received from the senate by Mr. Lee, who informed
the house of delegates that the senate had passed a joint resolution
for the appointment of a joint committee to confer with the super¬
intendent of the freedmen's bureau.
On motion, the joint resolution was taken up and read a first and
second times.
Mr. Langhorne moved that the consideration of the joint resolution
be indefinitely postponed; and the question being put, it was decided
in the negative.
On motion of Mr. Dunnington, the joint resolution was read a
third time and passed.
Ordered, That Mr. Bently communicate the same to the senate.
Mr. Kellam presented the petition of certain citizens of Tangier
Islands, for protection of the oyster rocks on said islands from dredg¬
ing, under penalty of $1,000, and to repeal the law in regard to oys¬
ters tonged; which was referred to the joint committee on oysters.
On motion of Mr. Robertson, leave of absence was granted to Mr.
Rixey for four days.
On motion of Mr. Clark of Pittsylvania, leave of absence was
granted to Mr. Garrett until Tuesday next.
On motion of Mr. Scott,
Resolved, That so much of the governor's message as relates to the
consolidation of railroad lines, be referred to the committee of roads
and internal navigation; that the same committee enquire into the
expediency of requiring by law connecting railroads to make close
connections and at the junction of railroads to make ample provision
for the comfort and convenience of travellers.
Mr. Kellam presented the petition of certain citizens of Accomac
county asking certain privileges, &c. in relation to skiffiing for wild
fowl; which was referred to the committee of propositions and
grievances.
54
journal of the house of delegates.
Mr, Langhorne presented the petition of Joseph Hobday of Ports-
month, praying compensation for services rendered as commissioner
of the revenue; which was referred to the committee of claims.
Mr. Bekem offered the following resolution, which, on his motion,
was referred to the committee of propositions and grievances:
Resolved, That the county of Washington be authorized to borrow
money to rebuild the courthouse and jail of that county.
Ordered, That Mr. G-arnett communicate to the senate the resolu¬
tion adopted by this house on the 5 th instant, touching that portion
of the governor's message which relates to oysters and the oyster
trade, and request their concurrence.
On motion of Mr. White, the house adjourned until to-morrow,
twelve o'clock.
SATURDAY, December 9, 1865.
Prayer by Rev. Dr. Price of the Presbyterian church.
A message from the senate, by their clerk, was read as follows:
The senate have adopted a resolution for the appointment of a
joint committee to consider the subject of emigration; in which they
respectfully request the concurrence of the house of delegates.
On motion, the joint resolution of the senate for the appointment
of a joint committee to consider the subject of emigration, was taken
up, read a first, second and third times, and passed.
Ordered, That the clerk communicate the same to the senate.
Mr. Wall, from the committee of privileges and elections, reported
that the committee had, according to order, had under consideration
the resolution relative to changing the election precincts in South¬
ampton county, and asked to be discharged from its 'further conside¬
ration.
On motion,
Ordered, That the committee be discharged from the further con¬
sideration of said resolution. *
Mr. Garnett, from the committee of propositions and grievances,
reported the following bills:
A bill entitled an act to incorporate the Belvidere manufacturing
company, No. 7.
A bill entitled an act to incorporate' the Virginia state insurance
company, No. 8.
A bill entitled an act to incorporate the Virginia insurance com¬
pany, No. 9.
A bill entitled an act to amend an act entitled an act to incorporate
the southern express company, passed March 22d, 1861, and to incor¬
porate the national express and transportation company, No. 10.
A message was received from the senate by Mr. Robertson, who
informed the house of delegates that the senate had concurred in the
JOURNAL OF THE HOUSE OF DELEGATES.
55
resolution of the house fixing the time for the election of state officers,
with the following amendment:
Strikeout the words " Tuesday next," and insert in lieu thereof
the words "Thursday, the 21st inst."
The question being put on concurring in the amendment of the
senate, it was decided in the affirmative.
Ordered, That the clerk communicate the same to the senate.
Mr. Graham presented the memorial of the board of trustees of
Washington college, praying that provision be made by special law
for paying the interest on state securities due to that college; which
was referred to the committee of schools and colleges.
On motion of Mr. Pendleton,
Resolved, That the committee for courts of justice enquire into the
expediency of amending sections 11, 12, 13 and 14 of chapter 176 of
the Code, so as to provide more effectually for securing the proof of
lost records.
On motion of Mr. Cabell,
No. 4, A bill for the relief of Blake B. Woodson, was taken up,
read a third time and passed.
Ordered, That Mr. Cabell communicate the same to the senate, and
request their concurrence.
No. 5, A bill incorporating the Lynchburg mining and manufac¬
turing company in the counties of Campbell, Bedford and Amherst,
was taken up, read a second time, and ordered to be engrossed for a
third reading.
Mr. Joynes, from the committee for courts of justice, reported
No. 11, A bill providing for the repeal of the act of May 15, 1862,
prescribing an oath in certain cases.
Mr. Joynes, from the same committee, presented the following re¬
ports, which were agreed to:
The committee for courts of justice having, according to order, had
under consideration the resolution " that the act passed January 12th,
1864, entitled an act for the protection of crops in Fairfax, &c. be so
amended as to embrace in the first section the counties of King
' George and Stafford," have adopted the following resolution:
Resolved, That the resolution be referred to the committee on ag¬
riculture and manufactures, and that this committee be relieved from
further consideration of the same.
The committee for courts of justice having, according to order, had
under consideration the petition of M. D. Wheat and others of Prince
William, for the repeal of the stock law, have adopted the following
resolution:
Resolved, That the petition be referred to the committee on agri¬
culture and' manufactures, and respectfully ask to be relieved from the
further consideration of the same..
The committee for courts of justice having, according to order, had
under consideration the resolution enquiring into the expediency of
providing that no presentment or indictment found by a grand jury
56
JOURNAL OF THE HOUSE OF DELEGATES.
shall be abated in consequence of one or more of the panel being a
constable, ordinary keeper, surveyor of a road, or not being a free¬
holder, beg leave to report, that they deem it inexpedient to legislate
on the subject, and respectfully ask to be relieved from the further
consideration of the same.
The committee for courts of justice have, according to order, had
under consideration the subject of reaffirming the act of the Alexan¬
dria legislature ratifying the amendment to the constitution of the
United States prohibiting slavery, and beg leave to report, that they
deem it unnecessary to legislate further on the subject, because they
regard an act of the general assembly, passed February 9th, 1865,
entitled an act to ratify the joint resolution of congress, passed Jan¬
uary 31st, 1865, proposing an amendment to the constitution of the
United States, as final and conclusive.
No. 6, A bill to authorize the county court of Fauquier to bor¬
row money for county purposes, was taken up, read a second time,
and ordered to be engrossed for a third reading.
No. 7, A bill to incorporate the Belvidere manufacturing company,
was taken up, read a first time, and ordered to be read a second time.
A message was received from the senate informing the house that
the senate had concurred in the resolution of the house for the ap¬
pointment of a joint committee jon oysters and the oyster trade, with
the following amendments:
Strike out "seven" and insert' "twelve," in the fourth line, and
strike out "three" and insert-"six," in same line.
The question being put on concurring in the amendments, it was
decided in the affirmative.
Ordered, That Mr. Garnett communicate the same to the senate.
No. 8, A bill to incorporate the Virginia state insurance company,
was taken up, read a first time, and ordered to be read a second time.
No. 9, A bill to incorporate the Virginia insurance company, was
taken up, read a first time, and ordered to be read a second time.
No. 10, A bill to amend an act entitled an act to incorporate the
southern express company, passed March 22d, 1861, and to incorpo¬
rate the national express and transportation company, was taken up,
read a first time, and ordered to be read a second time.
On motion of Mr. Watkins (two-thirds concurring), the bill was
read a second time.
Mr. Gibboney moved to amend the bill by inserting after the word
"grant," in the 15th line, the word "such," and after the word
" personal," in the same line, the words " as may be necessary for the
carrying on of the legitimate business of the said company;" and the
question being on agreeing thereto, was put, and decided in the
affirmative.
Ordered, That the bill be engrossed for a third reading.
No. 11, A bill providing for the repeal of the act of May 15th,
1862, prescribing an oath in certain cases, was taken up, read a first
time, and ordered to be read a second time.
JOURNAL OF THE HOUSE OF DELEGATES.
57
On motion of Mr. Pendleton (tworthirds concurring), the bill was
read a second time, and ordered to he engrossed and read a third time.
On motion of Mr. Stearns,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of reporting a hill to authorize the county
courts to borrow a sum of money, not exceeding fifteen thousand
dollars, on the credit of the county, for which they may issue their
bonds.
On motion of Mr. Herndon,
Resolved, That the sergeant-at-arms he ordered to purchase a
thermometer to hang in this hall, and that he cause the register to he
so regulated as to keep a uniform temperature in the hall.
On motion of Mr. Parsons,
Resolved, That the committee of roads and internal navigation
enquire into the expediency of transferring to the counties of Grayson
and Smyth, Wilson's creek and South fork turnpike.
On motion of Mr. Christian,
Resolved, That the committee for courts of justice enquire into the
expediency of increasing the fees of clerks of the several circuit and
county courts of this commonwealth.
On motion of Mr. Morgan,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of authorizing the county court of Smyth
county to borrow a sum of money, not exceeding three thousand dol¬
lars, for the purpose of putting in order the roads from Marion, across
Walker's mountain, to the Rich valley road at Hubbell's, and from
Marion, across Brushy mountain, to the Rye valley road at Ward's,
in said county.
On motion of Mr. Woltz,
Resolved, That the committee of propositions and grievances he
and the same are hereby required to enquire into the expediency of
removing, as soon as practicable, all the negroes in the county of
Carroll, that did not live there before the war, back to their original
locations; and that the county court have power to prevent any
others from locating in said county.
On motion of Mr. J. McDowell Taylor,
Resolved, That the committee of propositions and grievances be
instructed to enquire into the expediency of amending an act incor¬
porating the Rockbridge insurance company.
On motion of Mr. Lee,
Resolved, That the committee on military affairs be requested to
enquire into the expediency of reorganizing the public or state guard.
On motion of Mr. Miller,
Resolved, That the committee of roads and internal navigation
enquire into the expediency of providing by law for repairing and
keeping in order the public highways by contract.
On motion of Mr. Joynes,
Resolved, That the committee for courts of justice enquire into the
expediency of amending section 28, chapter 184 of the Code, so as to
58
JOURNAL OF THE HOUSE OF DELEGATES.
provide that no officer mentioned in said chapter shall he obliged to
perform services for any person, unless the fees for such services he
first paid or secured.
Mr. Langhorne offered the following resolution:
Kesolved, That the hours of meeting of the house of delegates he
and hereby are included between the hours of 9 A. M. and 5 P. M.,
unless the interest of the state requires a prolongation of the daily
sessions, and that the pay of the members be reduced from its pre¬
sent rate to three dollars per diem; which lies over under the rules.
On motion of Mr. Graham,
Kesolved, That the committee of roads and internal navigation he
authorized to enquire into the expediency of amending an act to in¬
corporate the Norfolk and St. Nazaire navigation company, passed
27th March 1858, so as to authorize them to increase their capital
stock; to hire, charter or purchase steam ships until the larger ships
required by said act can be built; to hold real estate for wharves,
workshops, &c.; also land for timber, coal and other buildings, as may
be required to carry into effect the object, intent and meaning of the
said act.
On motion of Mr. Joynes,
Kesolved, That the committee for courts of justice enquire into
the expediency of amending chapter 50 of the Code, so as more effec¬
tually to provide for the erection and maintenance of suitable jails in
the several counties and corporations.
On motion of Mr. Davison,
Kesolved, That the auditor report to this house a statement of the
amount of registered and coupon bonds issued by the state, and now
outstanding; that he designate in his report the amount of each de¬
scription of bonds held by foreign and domestic owners; and that he
append a statement of interest paid on the said bonds since the 1st
day of January 1865.
On motion of Mr. White,
Kesolved, That the committee for courts of justice enquire into the
expediency of striking out of the third section of an act staying the
collection of certain debts, the words "twenty-sixth day of July
1861," and inserting the words "third day of April 1865."
On motion of Mr. Garnett (two-thirds concurring), the Speaker
was authorized to add a member to the committee of roads and inter¬
nal navigation—whereupon, Mr. Mosby was appointed.
Mr. Atkinson presented the following preamble and resolution:
Whereas it is believed that the library of the state has been greatly
damaged by carrying away and mutilating the books thereof: and
whereas, in consequence of its being used as the office of secretary of
the commonwealth, the hall of the library is rendered well nigh use¬
less to those who would resort there to consult the books: Therefore,
Kesolved, That the joint committee on the library be instructed to
enquire, 1st, what law is necessary to secure the books of the library
against loss or mutilation; 2d, into the expediency of separating the
offices of secretary of the commonwealth and librarian, and of re-
Journal of the house of delegates.
59
quiring the former to procure some other apartment for his office; and
the question being on agreeing thereto, was put, and decided in the
affirmative.
On motion of Mr. Miller,
Resolved, That the committee for courts of justice enquire into the
expediency of providing by law, that wherever houses and lands are
leased to people of color, the lessor shall enter into bond, conditioned
that the lessees shall not become chargeable to the county as paupers.
On motion of Mr. Pendleton,
Resolved, That the committee for courts of justice enquire into the
expediency of changing the time of holding the circuit courts in the
14th judicial circuit.
On motion of Mr. Smith,
Resolved, That the committee on lunatic asylums be instructed to
enquire into the condition of the Eastern lunatic asylum at Williams¬
burg; how it has been conducted during the war; and whether some
change in its present management is not necessary to secure its effi¬
ciency as a great state charity and the beneficent objects of its crea¬
tion; and that said committee be authorized to send for persons and
papers to aid them in their investigation.
Mr. Turner of Rappahannock offered the following resolution:
Resolved, That the clerk of this house be authorized and directed
to furnish each member with postage stamps to the value of ten dol¬
lars; which, on motion of Mr. Cabell, was laid on the table.
On motion of Mr. Joynes,
Resolved, That the committee for courts of justice enquire into the
expediency of amending the 2nd and 20th sections of chapter 7 of
the Code of 1860, so as to make them conform to the present consti¬
tution.
On motion of Mr. Lee, •
Resolved, That the committee of propositions and grievances be
required to enquire into the expediency of providing for the public
printing by contract, to be awarded to the lowest bidder.
On motion of Mr. Mann,
Resolved, That the committee for courts of justice be instructed
to enquire into the expediency of imposing a fine on overseers of the
poor for failing to qualify when elected.
Mr. Gribboney offered the following resolution:
Resolved, That this house, with the concurrence of the senate,
will, on Thursday, the 14th instant, at one o'clock P. M., proceed to
elect a public printer, superintendent of the penitentiary, and peni¬
tentiary storekeeper; which, being objected to, lies over under the
rules.
On motion of Mr. Wyatt,
Resolved That the committee for courts of justice be requested to
enquire into the expediency of so amending the 4th section of chapter
101 of the Code of 1860, as to apply the provisions of said section to
the whole state.
60
JOURNAL OF THE HOUSE OF DELEGATES.
Mr. Turner of Albemarle offered the following resolution:
Resolved, That so much' of the governor's message as relates to the
subject of insurance, and to the establishment of an insurance bureau,
be referred to a joint committee of five of the house ot delegates and
two of the senate; and that they report by bill or otherwise; and the
question being on agreeing thereto, was put, and decided in the
negative.
On motion of Mr. Hardy,
Resolved, That the committee on finance be instructed to enquire
into the expediency of relieving from taxation the citizens of such
portions of the state as were occupied for twelve months or more by
federal troops during the late war, for the time that such sections
were occupied and subjected exclusively to martial law.
On motion of Mr. Robertson,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of requiring insurance companies from
other states to give security within this state for the just and prompt
payment of losses upon risks they assure; and that they furthermore
enquire whether there be any efficient measure which may be adopted
to prevent agents from the same from taking risks in this state, and
avoiding all license or other tax; and that they report by bill or
otherwise.
On motion of Mr. Newberry,
Resolved,. That the committee for courts of justice be instructed
to enquire into the expediency of providing by law for the recognition
of the validity of all deeds and wills admitted to record or probate
during the late war.
On motion of Mr. Hardy,
Resolved, 1st, That the committee on finance be instructed to
enquire into the expediency of limiting tlje amount of taxation that
may be levied by any city of this state upon the real estate within
its jurisdiction: 2d, Whether such limit should not be fixed at one
per centum per annum; and that said committee report by bill or
otherwise.
On motion of Mr. Clark of Campbell,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of legalizing the acts of all the civil offi¬
cers of the state of Virginia from July 1, 1861, to June 13, 1865,
inclusive, excepting in so far as those acts were not in violation of the
constitution of the United States.
On motion of Mr. Cabell,
Resolved, That the committee for courts of justice enquire into the
expediency of repealing chapter 11 of the Acts of the General As¬
sembly of Virginia, providing for voting by ballot.
On motion of Mr. Watkins,
No. 10, A bill entitled an act to amend an act to incorporate the
southern express company, passed March 22d, 1861, and to incorpo¬
rate the national express and transportation company, having been
JOURNAL OF THE HOUSE OF DELEGATES.
61
engrossed, was taken up; and the question being put—Shajl the bill
now have its third reading ? it was decided in the negative (two-thirds
not concurring). '
Mr. Word, from the select committee on the Catawba coal and iron
company, reported
No. 12, A bill entitled an act to incorporate the Catawba coal and
iron company.
On motion of Mr. Word, under a suspension of the rules, the bill
was taken up, read a first time, and ordered to be read a second time.
On his further motion (two-thirds concurring), it was read a second
time, and ordered to be engrossed for a third reading; and having been
engrossed, it was read a third time and passed.
Ordered, That Mr. Word communicate the same to the senate, and
request their concurrence.
On motion of Mr. Pendleton,
No. 11, A bill entitled an act providing for the repeal of the act of
May 15th, 1862, prescribing an oath in certain cases, having been en¬
grossed, was taken up, and (two-thirds concurring) read a third time
and passed.
Ordered, That^ Mr. Pendleton carry the same to the senate, and
request their concurrence.
On motion of Mr. Hansbrough,
Resolved, That the committee for courts of justice be requested to
enquire into the expediency of exempting from taxation the counties
of King George and Stafford.
On motion of Mr. Straughan, the resolution in reference to Gene¬
ral B. F. Butler, offered by Mr. Hurst on yesterday, was taken up.
Mr. Straughan then moved to amend the resolution by striking out
the whole of the same, and inserting in lieu thereof the following:
Resolved, That whereas it is both unnecessary and unwise for this
house to act upon any subject where they have no other data upon
which to ground such action than current reports and common ru¬
mors: and whereas this house has assembled with but one great object
in view—to legislate for the good of the state, and the peace and
prosperity of her citizens—and in no wise to reflect upon the moral
character of individuals, either public or private, friend or foe: and
whereas this house is both willing and anxious to pursue such a con¬
ciliating course towards the federal authorities, not inconsistent with
the rights and the honor of the state, as will not retard the imme¬
diate Restoration of the relations between the state and federal gov¬
ernment, which existed" before the late war: Therefore,
Be it resolved, That any motion or resolution inconsistent with the
foregoing preamble, should not be made or offered, and if made or
offered, wilL meet with the disapprobation of this house.
Mr. Dunnington moved that Mr. Hurst have leave to withdraw his
resolution; which being agreed to, the resoldtion and the amendment
offered by Mr. Straughan were both withdrawn.
On motion of Mr. Turner of Rappahannock,
Resolved, That a joint committee, to consist of three members of
62
journal of ^he house of delegates.
this house and two members of the senate, he appointed to enquire
into the terms and conditions of the contracts existing between ex¬
press and transportation companies, and any of the railroad compa¬
nies of this commonwealth, for the use of the roads of the said rail¬
road companies, for purposes of transportation; and that the said com¬
mittee haye power to send for persons and papers, for the purpose of
furthering said enquiry.
On motion of Mr. Hancock,
Resolved, That the committee on agriculture and manufactures,
for the purpose of facilitating and carrying on more successfully
farming operations, enquire into the propriety of introducing certain
rules and regulations by which negroes shall be governed while actu¬
ally engaged at work, and for not abiding by the same, what penalties
or forfeitures shall be incurred.
On motion of Mr. Grattan,
Resolved, That the senate be requested to return to this house the
bill in relation to the Richmond and Petersburg railroad company.
Ordered, That Mr. Grattan communicate the same to the senate.
On motion of Mr. Clark of Pittsylvania, the house adjourned until
Monday, twelve o'clock.
MONDAY, December 11, 1865.
A communication from the senate, by their clerk, was read as
follows:
In senate, December 9, 1865.
The senate have agreed to the resolution of the house requesting
the return of their bill entitled an act in relation to the Richmond
and Petersburg railroad company, No. 31; and the said bill is here¬
with returned.
The Speaker announced the appointment of the following comr
mittees:
Select joint committee on oysters—Messrs. Seawell, Garnett, Brax¬
ton, Straughan, Purdy, Smith, Bekem, Thompson, Davison, Townes,
Wyatt and Lee.
Select joint committee to confer with the freedmen's bureau-
Messrs^ Atkinson, English, Brown, Mosby, Rixey, Holmes, Harris,
Graves, McDonald, Taylor and Iiardy.
Select joint committee on emigration—Messrs. Herndon, Cabell,
Waddell, Owen and Stearns.
Mr. Wall, from the committee of privileges and elections, presented
the following report:
The committee of privileges and elections have, according to order,
had under consideration the petition of J. H. C, Jones, claiming to
be elected to the house of delegates from the district composed of the
counties of King & Queen and King William, and contesting the
JOURNAL OF THE HOUSE OF DELEGATES.
63
seat of Thomas J. Christian, to whom the certificate of election was
awarded, beg leave respectfully to report, that upon an examination
of the polls of all the precincts in said district, except the poll at
Aylett's, there was found to be a tie vote between the said J. H. C.
Jones and T. J. Christian, and that by counting the poll at Aylett's,
which was not included in the computation made by the clerk of
King& Queen county, it appears that J. H. C. Jones received a
majority of thirteen votes. The poll at Aylett's precinct was not re¬
turned until the fifth day after the election. By the act passed Jan¬
uary 31, 1862, the commissioners superintending the elections are re¬
quired to return a certified statement of the result of such election to
the clerk of the county court within three days after the election.
But by the Code of 1860, chapter 7, page 84, said commissioners are
allowed five days to make said return. The committee have, there¬
fore, in view of the conflict between the act of 1862 and the Code of
1860, and by virtue of the provision contained in the second section
of the act of January 31, 1862, determined to admit the poll at Ay¬
lett's as giving expression more fully to the will of the people, and
have adopted the following resolution:
Resolved, That J. H. C. Jones is entitled to a seat on the floor of
the house of delegates as the member elect from the district composed
of the counties of King & Queen and King William, in the place of
T. J. Christian, the sitting member.
Mr. Garnett, from the committee of propositions and grievances,
presented the following reports, which were agreed to:
The committee of propositions and grievances have, according to
order, had under consideration a resolution enquiring into the expe¬
diency of providing for the public printing by contract, to be awarded
to the lowest bidder, and ask to be discharged from the further con¬
sideration of the same, and that it be referred to the special commit¬
tee on printing.
The committee of propositions and grievances have, according to
order, had under consideration the petition of R. J. T. Wilson of
Alexandria, praying that a sum of money paid by him as merchants'
license in May 1861 be refunded, and have come to the following,
resolution:
Resolved, That the prayer of the petitioner be rejected.
The committee of propositions and grievances have, according to
order, had under consideration a petition of certain citizens of Accc-
mac county, asking certain privileges, &c. in relation to skiffing for
wild fowl, &c., and ask to be discharged from the further considera¬
tion of the same, and that the petition be referred to the committee
on oysters.
Mr. Watkins, from the committee of schools and colleges, presented
the following report: t
The committee of schools and colleges having, according to order,
had under consideration the subject of public lands appropriated by
act of congress for educational purposes, respectfully ask that five
hundred copies of the said act of congress entitled an act donating
64
JOURNAL OF THE HOUSE OF DELEGATES.
public lands to tbe several states and territories which may provide
colleges for the benefit of agriculture and the mechanic arts, approved
July 2d, 1862, be ordered to be printed for the use of the house.
Mr. G-arnett, from the committee of propositions and grievances,
reported
No. 13, A bill changing the place of voting in Wythe county.
Mr. Graham, from the committee of roads and internal navigation,
reported
No. 14, A bill to amend and re-enact the second and third sections
of an act passed March 27th, 1858, incorporating the Norfolk and St.
Nazaire navigation company.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate had passed a bill to
amend and re-enact the first section of an act entitled an act to in¬
corporate Tanner's creek drawbridge company, and for other purposes,
passed February 7th, 1865, and requested the concurrence of the
house.
On motion, the said bill of the senate was taken up, read a first
and second times, and referred to the committee of roads and internal
navigation.
A message was received from the senate by Mr. Dulany, who in¬
formed the house of delegates that the senate had passed a joint reso¬
lution in relation to the release of Jefferson Davis and all other politi¬
cal prisoners, and the restoration of the writ of habeas corpus, and
requested the concurrence of the house.
The joint resolution was read a first and second times, and on mo¬
tion of Mr. G-arnett, laid upon the table.
No. 11, An engrossed bill to amend and re-enact an act to incorpo¬
rate the southern express company, passed March 22d, 1861, and to
incorporate the national express and transportation company, was
taken up, read a third time and passed.
Ordered, That Mr. Garnett carry the same to the senate, and re¬
quest their concurrence.
On motion of Mr. Straughan,
Resolved, That the committee for courts of justice be directed to
take into" consideration the propriety of amending the statute of lim¬
itations, so as to prevent any debt or claim from being barred by the
statute that was not barred on the 18th April 1861; and report by
bill or otherwise.
Mr. Woodson introduced a joint resolution in relation to the land
tax and other imposts and taxes levied by the congress of the United
States; which, on his motion, was referred to a select committee of five.
The committee on finance have had under consideration a resolution
relating to the payment of claims against the Eastern lunatic asylum,
and respectfully ask that said resolution be referred to the committee
on lunatic asylums; which was agreed to.
No..«3l, House bill in relation to the Richmond and Petersburg
railroad company, which had been returned from the senate, was
taken up.
JOURNAL OF THE HOUSE OF DELEGATES.
65
On- motion of Mr. Grattan, the rule was suspended. He then
moved to reconsider the vote by which the bill was passed; and the
question being put, it was decided in the affirmative.
The question then recurring on the passage of the bill, and being
put, was determined in the affirmative—ayes 86; no 1.
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel, Davison, Davidson,
Deskins, Dunnington, English, Fields, Garnett, Gibboney, Graham, Grattan, Graves, Gray,
Hancock, Harris, Hansbrough, Hardy, Harnsberger, Herndon, Holmes, Jackson, Joynes,
Kellam, Kilby, Lee, Lewis, Long, ,Mann, Marshall, Martin, McDonald, Magill, Merritt,
Miller, Moore, Morgan, Morris, Mosby, Newberry, Owen, Parsons, Pate, Patterson, Peed,
Pendleton, Powell, Purdy, Ragsdale, Riggs, Robertson, Scott, Smith, Stearns, Straughan,
Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W. A.
Turner, Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz, Woodson, Wooldridge,
Word and Wyatt—86.
No—Mr. Dickenson—1.
Ordered, That Mr. Grattan carry the same to the senate, and
request their concurrence.
The Speaker announced the appointment of Mr. Gibboney as an
additional member of the committee on banks.
Mr. English introduced
A bill to amend the charter of the fire insurance company of Alex¬
andria; which was referred to the committee of propositions and
grievances.
On motion of Mr. Clark of Pittsylvania,
Resolved, That the Speaker be authorized to enlarge the standing
committees at his discretion, so as "not to exceed the maximijpm num¬
ber fixed by the rules.
On motion of Mr. Waddell,
Resolved, That the committee of roads and internal navigation en¬
quire into the expediency of providing by law :
1. For withdrawing all state proxies and directors from the control
and management of the public improvements in which the state is in¬
terested, and leaving the interests of the state to be managed in com¬
mon with those of the private stockholders.
2. For appointing inspectors and accountants to make annual ex¬
aminations of the management and condition of such improvements.
3. For exchanging the stock of the state in any such improvement
for state stocks or bonds at par, whenever and by whomsoever pre¬
sented for such exchange.
On motion of Mr. Gibboney,
Resolved, That the committee of roads and internal navigation be
instructed to enquire into "the expediency of requiring all common car¬
riers, whether railroad, canal, stage or express companies, to file with
the secretary of the commonwealth an authenticated list of the presi¬
dent, directors and stockholders of said companies, before they shall be
permitted to operate within the territory of Virginia.
On motion of Mr. Deskins,
Resolved, That so much of the governor's message as relates to the
mode of collecting taxes, be referred to the committee on finance, with
instructions to report by bill or otherwise.
9
66
JOURNAL OP THE HOUSE OP DELEGATES.
On motion of Mr. Herndon,
Resolved, That the committee for courts of justice be requested to
enquire into the expediency of reporting a bill authorizing the removal
of all suits at law and equity (which were brought by reason of the
presence of the federal forces in adjoining counties), to the counties
where such suits should have been brought but for such presence.
On motion of Mr. Mann,
Resolved,- That the committee on finance enquire into the expedi¬
ency of reporting a bill staying the collection of all debts for two years,
excepting therefrom all fines, taxes, licenses, county levies and debts
due the commonwealth, and all debts due from sheriffs, constables and
attorneys at law.
On motion of Mr. Riggs,
Resolved, That the committee of roads and internal navigation en¬
quire what legislation (if any) is necessary to secure the completion of
the Virginia and Kentucky railroad, and report by bill or otherwise.
No. 6, An engrossed bill to authorize the county court of Fauquier
to borrow money for county purposes, was taken up, read a third time
and passed.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
Mr. Robertson introduced
A joint resolution praying the president of the United States to
grant a general amnesty; which, on motion of Mr. Booker, was laid
upon tb£ table and ordered to be printed.
On motion of Mr. Merritt,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of amending the 2d section of chapter
101 of the Code of 1860, so as to provide more effectually against tres¬
passes on the lands of others; and to report by bill or otherwise.
On motion of Mr. Herndon,
Resolved, That the committee for courts of justice be requested to
enquire into the expediency of reporting a bill limiting the jurisdic¬
tion of the circuit court of Richmond city in the probate of wills and
granting administrations.
On motion of Mr. Grattan,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of authorizing fiduciaries having the
management of real estate during the minority, coverture or other dis¬
ability of the owners thereof, to make leases which may continue for
a longer period than said disabilities.
On motion of Mr. Garnett,
Resolved, That J. H. 0. Jones, claiming that he has been duly
elected a member of this house by the counties of King & Queen and
King William, be heard at the bar of the house, if he so desire, in
support of his position.
A message was received from the senate by Mr. Gilmer, who informed
• the house of delegates that the senate had agreed to a joint resolution
referring so much of the governor's message as relates to a public
printer to a joint committee.
JOURNAL OF THE HOUSE OF DELEGATES.
67
The Speaker announced the committee on the part of the house as
follows: Messrs. Dunnington, Word and Waddell.
A message was received from the senate by Mr. Strother, who in¬
formed the house of delegates that the senate had agreed to a resolu¬
tion for the appointment of a joint committee in relation to contracts
existing between express and transportation companies and any of
the railroad companies, for the use of the roads of the said railroad
companies for purposes of transportation.
The report of the committee of privileges and elections, presented
this morning, was taken up; and the question being on the adoption
of the resolution of the committee, which is as follows:—
"Resolved, That J. IT. C. Jones is entitled to a seat on the floor
of the house of delegates as the member elect from the district com¬
posed of the counties of King & Queen and King William, in the
place of T. J. Christian, the sitting member:"—
Mr. Clark of Campbell moved to amend the resolution by striking
out the whole thereof, and inserting the following:
"Resolved, That inasmuch as there is a tie vote between Mr. Chris¬
tian and Mr. Jones, the election be declared null and void, and be
referred back to the people, and a writ of election ordered."
The question recurring on agreeing to the amendment, was put,
and decided in the negative.
Mr. Dickenson moved to recommit to the committee the report and
resolution; and the question recurring on agreeing thereto, was de¬
cided in the negative.
The question then recurring on agreeing to the resolution of the
committee, was decided in the affirmative.
Mr. Davison presented the petition of Province McCormick, pray¬
ing that the banks of this commonwealth be prohibited from paying
out in distribution to the holders of their notes until further order,
&c.; which was ordered to be referred to the committee on banks.
On motion of Mr. Herndon,
Resolved, That the committee for courts of justice be instructed
to enquire into the expediency of introducing a bill requiring fidu¬
ciaries, who qualified out of their counties during the late war, to
settle their accounts in the counties where they reside, or where they
should have qualified but for the presence of the federal forces.
On motion of Mr. Ragsdale,
Resolved, That the committee of propositions and grievances be
instructed to enquire what legislation is necessary to secure the better
working of county roads; and report by bill or otherwise.
Mr. Pate offered the following resolution:
Resolved, That, the senate concurring, the house will proceed, on
the day of , to the election of two senators to repre¬
sent the state of Virginia in the senate of the United States. Pend¬
ing which,
Mr. Garnett offered the following resolution:
Resolved, That the resolution proposing to go into the election of
United States senators, be referred to a joint committee of five on the
68
JOUKNAL OF THE HOUSE OF DELEGATES.
part of the house and,three on the part of the senate, with directions
to enquire whether the election of Messrs. Underwood and Segar was
in accordance with the constitution and laws of Yirginia, and whether
they hold said offices in accordance therewith, and whether said offices
are not now vacant. Pending which,
On 'motion of Mr. Pendleton, the whole subject was laid on the
table.
On motion of Mr. Joynes,
Resolved, That the^committee of roads and internal navigation be
instructed to enquire into the expediency of providing by law that
the several railroad companies in this commonwealth may do an ex¬
press business over their roads, or take stock in express companies
doing business over their roads; and into the expediency of regulating
the charges, duties and liabilities of express companies, and of rail¬
road companies doing an express business.
Mr. White presented
A bill to authorize the county courts to dispense with the existing
laws in regard to enclosures; which was referred to the committee on
agriculture and manufactures.
On motion of Mr. Atkinson, leave was granted to the joint select
committee on the part of the house to confer with the freedmen's bu¬
reau, to sit during the session of the house to-day.
The following bills were read a second time, and ordered to be en¬
grossed and read a third time:
No. 7, A bill to incorporate the Belvidere manufacturing company.
No. 8, A bill to incorporate the Yirginia state insurance company.
No. 9, A bill to incorporate the Yirginia insurance company.
The following bills were read a first time, and ordered to be read a.
second time:
No. 13, A bill changing the place of voting in Wythe county.
No. 14, A bill to amend and re-enact the second and third sections
of an act passed* March 27th, 1858, incorporating the Norfolk and
St. Nazaire navigation company.
On motion of Mr. Gribboney,
Resolved, That the committee on the judiciary enquire into the
propriety of not allowing the county courts to appoint special com¬
missioners to settle fiduciary accounts, unless there be peculiar reasons
for such appointments.
On motion of Mr. Owen,
Resolved, That so much of the governor's message as relates to
banks, be referred to the committee on banks.
On motion of Mr. Baylor, the house adjourned until to-morrow,
twelve o'clock.
journal of the house of delegates.
69
TUESDAY, December 12, 1865.
Prayer by Kev. Dr. Jeter of the Baptist church.
Mr. Graham, from the committee of roads and internal navigation,
reported
No. 15, A bill to authorize a change in the location of a part of
the Floyd courthouse and Christiansburg road.
Mr. Word, from the committee on the penitentiary, reported
No. 16, A bill amending and re-enacting chapter 213 of the Code
of Virginia, reorganizing the penitentiary.
Mr. Bowles, from the committee on agriculture and manufactures,
reported
No. 17, A bill to incorporate the Snowville woollen manufacturing
company of Pulaski.
Mr. Garnett, from the committee of propositions and grievances,
presented the following report, which was agreed to:
The committee of propositions and grievances have, according to
order, had under consideration a resolution to enquire into the expe¬
diency of removing", as soon as practicable, all the negroes from the
city of Williamsburg and the'counties of York, Warwick and Eliza¬
beth City, that did not live there before the war, back to the counties
where they belonged originally—and a resolution of the same nature
in regard to the county of Carroll—and they respectfully ask to be
relieved from further consideration of the subject, and that the same
be referred to the joint select committee on fregdmen.
The following engrossed bill was taken up, read a third time and
passed:
No. 5, A bill incorporating the Lynchburg mining and manufactu¬
ring company in the counties of Campbell, Amherst and Bedford.
Ordered, That Mr. Wilson carry the same to the senate, and re¬
quest their concurrence.
The following engrossed bills were taken up, read a third time and
passed:
No. 7, A bill to incorporate the Belvidere manufacturing company.
No. 8, A bill" to incorporate the Virginia state insurance company.
No. 9, A bill to incorporate the Virginia insurance company.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
The following bills were taken up, read a second time, and ordered
to be engrossed for a third reading :
No. 13, A bill changing the place of voting in Wythe county.
No. 14, A bill to amend and re-enact the 2nd and 3rd sections of an
act passed March 27th, 1858, incorporating the Norfolk and St.
Nazaire navigation company.
The report of the committee of schools and colleges, presented yes¬
terday asking that 500 copies of the act of congress appropriating
public'lands for schools, &c., be printed, w&s taken up and agreed to.
70
JOURNAL OF THE HOUSE OF DELEGATES.
The following bills were taken up, read a first time, and ordered
to be read a second time :
No. 15, A bill to authorize a change in the location of a part of the
Floyd courthouse and Christiansburg road.
No. 17, A bill to incorporate the Snowville woollen manufacturing
company, in the county of Pulaski.
No. 16, A bill amending and re-enacting chapter 213 of the Code of
Virginia, reorganizing the penitentiary.
The following resolution was taken up, and on motion of Mr. Grat-
tan, referred to the committee on rules :
Resolved, That the clerk shall make a list of the election districts
of this state, in alphabetical order, and shall call for resolutions and
petitions from the several districts in regular order.
The following resolutions were taken up, and on motions severally
made, laid on the table :
Resolved, That the hours of meeting of the house of delegates be
and are hereby included between the hours of nine A. M. and five P.
M., unless the interest of the state requires a prolongation of the
daily sessions, and that the pay of the members be reduced from its
present rate to three dollars per diem.
Resolved, That the house, with the concurrence of the senate, will
on Thursday, the 14th instant, at one o'clock, P. M., proceed to elect
a public printer, superintendent of the penitentiary, and penitentiary
storekeeper.
On motion of Mr: Bently,
.Resolved, That the committee for courts of justice enquire into the
expediency of reporting a vagrant law.
On motion of Mr. Graves,
Resolved, That the committee of propositions and grievances be
requested to enquire into the expediency of abolishing the office of
second auditor, and the office of register of the land office, and the
duties of said officers to be performed by the auditor of public ac¬
counts.
On motion of Mr. Davis,
Resolved, That the committee of propositions and grievances be
instructed to enquire into the expediency of incorporating the Vir¬
ginia emigration company.
On motion of Mr. Garnett,
Resolved, That when this house adjourns on Thursday, the 21st
instant, it will, with the consent of the senate, adjourn until 12
o'clock on Wednesday, 3d day of January 1866.
Ordered, That Mr. Garnett carry the same to the senate, and re¬
quest their concurrence.
On motion of Mr. White,
Resolved, That the committee on finance enquire into the expe¬
diency of amending and re-enacting the 13th and 14th sections of
chapter 14 of the Code of 1860, regulating the compensation of ser-
geants-at-arms, doorkeepers and clerks of the general assembly.
JOUKNAL OF THE HOUSE OF DELEGATES.
71
Mr. Lee presented the petition of Hundley & Cance, asking com¬
pensation for bread furnished to the penitentiary; which was referred
to the committee of claims.
On motion of Mr. Straughan, the committee on oysters was en¬
larged by the addition of one member; and the Speaker appointed
Mr. Peed. r
Mr. Martin introduced
A bill for the relief of David S. Cowles of James City county;
which was referred to the committee on lunatic asylums.
On motion of Mr. Seawell,
Resolved, That the committee for courts of justice enquire into the
expediency of providing by law for the regulation of contracts for
manual labor, and the proper enforcement thereof, when such con¬
tracts are for a period of not less than days.
On motion of Mr. Seawell,
Resolved, That the committee for courts of justice enquire into the
expediency of amending the first section of chapter 150 and the 29th
section of chapter 151 of the Code of 1860, so as to reduce the juris¬
diction of single justices to fifty dollars in amount.
On motfon of Mr. Woodson,
Resolved, That the committee on finance enquire into the expe¬
diency of reporting a bill releasing the taxes anterior to the year 1865,
which now remain unpaid, and prescribing some mode for the settle¬
ment of the accounts of sheriffs and clerks in regard to their official
transactions in the year 1861, and subsequent thereto.
On motion of Mr. Kellarn,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of ascertaining the number of miles that
each member has to travel by the nearest mail route to Richmond;
and report upon the same.
On motion of Mr. Pate,
Resolved, That the committee on agriculture and manufactures be
instructed to enquire into the expediency of reporting a bill to prohibit
the distillation of grain within this commonwealth.
On motion of Mr. Townes,
Resolved, That the committee for courts of justice enquire into the
expediency of creating some tribunal for the purpose of deciding, in a
summary way, in all contracts made during the war, so as to reach
the justice and right of each case; or whether it is deemed better to
confer on courts of the state, already in existence, full power and au¬
thority to do the same; and report by bill or otherwise.
On motion of Mr. Dunnington,
Resolved, That the committee on the library be instructed to en¬
quire into the expediency of directing the librarian to procure copies
of all the daily newspapers published in the city of Richmond, and
other cities of the commonwealth, and one at least of such semi-
weekly or weekly newspaners as may be published in the counties
where there are no daily papers. Said newspapers to be preserved by
the librarian, securely bound, and kept in the library for reference.
72
JOURNAL OF THE HOUSE OF DELEGATES.
On motion of Mr. Kilby, under a suspension of the rules, the vote
by which the resolution in relation to the damage done to the state
by the two armies was adopted, was reconsidered, and said resolution
was referred to the committee of propositions and grievances.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed house bill (No. 10)
to amend and re-enact an act to incorporate the southern express com¬
pany, passed March 22d, 1861, and to incorporate the national express
and transportation company.
On motion of Mr. Jones,
Eesolved, That the committee for courts of justice be instructed to
enquire into the propriety of giving to persons, with whom contracts
for the performance of agricultural labor are made, a remedy for their
enforcement, similar to specific performance of contracts in equity,
annexing penalties also for their violation, and of giving jurisdiction
in all such cases to single justices of the peace, by summary proceed¬
ing; and to report by bill or otherwise.
On motion of Mr. Gibboney,
Eesolved, That the committee for courts of justice be instructed to
enquire into the expediency of abolishing imprisonment in the peni¬
tentiary for a less term than five years, and to provide some other
punishment in lieu thereof.
On motion of Mr. Gibboney,
Eesolved, That the committee on finance be instructed to enquire
into the expediency of reporting a bill to pay John H. Allen for his
attendance and mileage as a witness for the commonwealth in a case
of felony.
On motion of Mr. Bekem,
Eesolved, That the committee of propositions and grievances en¬
quire into the expediency of authorizing the county court of Wash¬
ington county to sell the stock held by that county in the Virginia
and Tennessee railroad company, in such manner and on such terms
as may seem proper, and apply the proceeds to county purposes; hut
no order to be made till all the justices shall have been summoned
and a majority voted.
On motion of Mr. Martin,
Eesolved, That the clerk shall make an alphabetical list of the
election districts of this state, and shall call for resolutions and peti¬
tions from the several districts in regular order.
Mr. Magill presented the memorial of citizens of Frederick county,
Virginia, in regard to a fence law; which was referred to the com¬
mittee of propositions and grievances.
On motion of Mr. Grattan, the following bills were taken up, read
a second time, and (two-thirds concurring), ordered to be engrossed
for a third reading:
No. 15, A bill to authorize a change in the location of a part of
the Floyd courthouse and Christiansburg road.
No. 17, A bill to incorporate the Snowville woollen manufacturing
company, in the county of Pulaski.
JOURNAL OF THE HOUSE OF DELEGATES. 73
On motion of Mr. Gibboney, the house adjourned until to-morrow
twelve o clock. '
"WEDNESDAY, DECEMBER 13, 1865.
Prayer by Eev. Dr. Jeter of the Baptist church.
A communication from the senate, by their clerk, was read as
follows:
In senate, December 12, 1865.
The senate have passed house bills entitled:
An act for the relief of Blake B. Woodson, clerk of circuit court of
Cumberland county, No. 4.
An act providing for the repeal of the act of May 15th, 1862, pre¬
scribing an oath in certain cases, No. 11.
An act to incorporate the Petersburg iron works, No. 3.
And they have passed bills entitled:
An act to increase the capital stock of the Richmond, Fredericks¬
burg and Potomac railroad company, No. 7.
An act to amend the charter of the Midlothian coal mining com¬
pany, and to extend the duration of the same, No. 6.
They have agreed to a resolution for the appointment of a joint
committee to consider the communication from the governor relative
to the offices of second auditor and register of the land office. '
In which bills and resolution they respectfully request the concur¬
rence of the house of delegates.
No. 6, A senate bill to amend the charter of the Midlothian coal
mining company, and to extend the duration of the same, was taken
up, read 'a first and second times, and referred to the committee of
propositions and grievances.
No. 7, A senate bill to increase the capital stock of the Richmond,
Fredericksburg and Potomac railroad company, was taken up, read a
first and second times, and referred to the committee of roads and
internal navigation.
The resolution of the senate to refer the communication of the go¬
vernor, in relation to the offices of second auditor and register of the
land office, to a joint committee, was taken up, and on motion of Mr.
Grattan, laid upon the table.
The Speaker laid before the house a communication from the audi¬
tor of public accounts, in response to a resolution relative to the re¬
gistered and coupon bonds issued by the state, &c. * which was laid
upon the table, and ordered to be printed. Doc. No. 9.
A message was received from the governor, by the secretary of the
commonwealth, transmitting the report of the diiectors of the peni¬
tentiary, with a statement of the financial and other operations of
that institution since the 12th day of July last.
On motion of Mr. Kilby, that part of the governor s commumca-
10
74 JOURNAL OF THE HOUSE OF DELEGATES.
tion, which relates to the public guard, was referred to the committee
on military affairs; and that part which relates to an appropriation,
was referred to the committee on finance.
Mr. Cabell, from the committee for courts of justice, reported
No. 18, A bill for the relief of Henry Stephenson of Frederick
county; which was read a lirst time, ordered to be read a second time,
on motion (two-thirds concurring), read a second time, and ordered to
be engrossed for a third reading.
Mr. Harriett, from the committee of propositions and grievances,
reported the following bills, which were read a first time, ordered to
be read a second time, on motion (two-thirds concurring), read a
second time, and ordered to be engrossed for a third reading:
No. 19, A bill to authorize the county court of Smyth county to
borrow a sum of money.
No.' 20, A bill amending the 1st and 12th sections of an act passed
March 29th, 1861, entitled an act incorporating the Bockbridge insu¬
rance company.
No. 21, A bill authorizing the county court x>f Lee county to
authorize William B. Graham of said county to construct a dam
across Powell's river.
No. 22, A bill to amend and re-enact an act entitled an act amend¬
ing the charter of the town of Danville, passed March 4th, 1854, arid
incorporating into one all acts amendatory thereof.
Mr. Grattan, from the committee on finance, reported the following
bill, which was read a first time, ordered to be read a second time, on
motion (two-thirds concurring), read a second time, and ordered to
be engrossed for a third reading.
No. 23, A bill to amend and re-enact the 13th and 14th sections
of the 14th chapter of the Code of 1860.
Mr. Grattan, from the same committee, presented the following
report, which was agreed to: »
The committee on finance have had under consideration a resolu¬
tion to enquire into the expediency of passing a bill to stay the col¬
lection of debts for two years, &c., and respectfully ask that the same
may be referred to the committee for courts of justice.
. Mr. Graham, from the committee of roads and internal navigation,
reported
No. 24, A bill to authorize the Virginia Central railroad company
to borrow money; which was read a first time, ordered to be read a
second time; and the rule having been suspended requiring the bill
to be printed, on motion (two-thirds concurring), it was read a second
time, and ordered to be engrossed for a third reading; and having
been engrossed, was, on motion (two-thirds concurring), read a third
(time; and the question being put—shall the bill pass ? it was decided
in the affirmative—ayes 89; noes none.
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Braxton, Brown, Browning, A. J. Clark, Childress, Daniel, Davis, Davison, 'Deskins,
Dickenson, Dunnington, English, Fields, Garnett, Gibboney, Glendy, Graham, Grattan,
Graves, Gray, Hancock, Harris, Hardy, Harnsherger, Herndon, Holmes, Jackson, Jones,
Joynes, Kellam, Kendrick, Kilby, Langhorne, Lee, Lewis, Long, Mann, Marshall,
JOURNAL OF THE HOUSE OF DELEGATES.
75
Martin, McDonald, Magill, Merritt, Miller,' Moore, Morgan, Morris, Mosby, Newberry
Owen, Parsons, Pate, Patterson, Peed, Pendleton, Powell, Purdy, Ragsdale, Riggs Rob¬
ertson, Scott, Seawell, Smith, Stearns, Straughan, Strayer, J. McDowell Taylor, WF B
Taylor, Teeter, Thompson, Trout, W. A. Turner, Z. Turner, Waddell, Watkins, White'
Wilson, Woltz, Wood, W'oodson, Wooldridge, Word and Wyatt—89. '
Ordered, _ That the clerk communicate the same to the senate, and
request their concurrence.
Mr. Wilson presented the memorial of Charles W. Button, Robert
Whitehead and others, a committee of the stockholders of the Orange
and Alexandria railroad company, praying the speedy restoration- of
the management of said road to the hands of the president and direc¬
tors appointed by the meeting which they represent, held at Alexan¬
dria, in the lyceum, on the 15th and 16th November 1865; which was
referred to the committee of roads and internal navigation.
On motion of Mr. Dickenson,
Resolved, That the committee on banks make strict enquiry into
the condition of all the banks of this commonwealth, and into the
expediency of compelling them to go into a settlement of all their
outstanding issues, and how many and what ones of said banks, the
private property of the stockholders is bound for the redemption of
the outstanding issues, and to what extent they are bound; and to
report the-facts to this house by bill or otherwise, as soon as practi¬
cable, and that the committee have power to send for persons and
papers.
Qn motion of Mr. Baylor,
Resolved, That the committee on lunatic asylums be and they are
hereby instructed to enquire into the expediency of making a special
appropriation to discharge the outstanding liabilities of the Eastern
and Western lunatic asylums; and report by bill or otherwise.
On motion of Mr. Baylor,
Resolved, That so much of the governor's message as relates to
interest on money be referred to the committee on finance, with in¬
structions to report by bill or otherwise.
On motion of Mr. Bently,
Resolved, That the committee for courts of justice enquire into
the expediency of so amending the laws on the subject of overseers
of the poor as to make it expedient for them to bind out poor and
indigent children supported by them, without the consent of the
parent or parents of such children.
On motion of Mr. Merritt,
Resolved, That the report of J. M. Bennett, late auditor of public
accounts of Virginia, to His Excellency Francis H. Peirpoint, gov¬
ernor of Virginia, be referred to the committee for courts of justice,
who are instructed to enquire, 1st, whether the appropriation of the
$ 21 000 of gold and silver coin, mentioned in said report as made by
the authorities of the state having the said coin in their possession,
was according to law or not; and if not according to law, to enquire,
2d whether the said appropriation was justified by the peculiar and
extraordinary circumstances of the case, and should now be legalized
by the action of the legislature; and if neither legal nor justified by
76
JOURNAL OF THE HOUSE OF DELEGATES.
the exigency of the case, then to enquire, 3d, what. legislation is
necessary to recover the same for the use of the state. Said com¬
mittee to have leave to- send for persons and papers, and to report by
hill or otherwise.
On motion of Mr. Hurst,
Resolved, That the committee of propositions and grievances take
into consideration the propriety of passing a bill authorizing the
county court of Norfolk county to borrow, not exceeding fifteen thou¬
sand dollars, to repair the various bridges in said county, and to
charge a toll to all persons not residents of the county, for passing
over the Long bridge over Deep creek and the Great bridge causeway.
On motion of Mr. Holmes,
Resolved, That the committee for courts of justice enquire into
the expediency of so amending the stay law, as to fund all of the
interest on private debts due on or before the 1st January 1866, and
that twelve months shall then be allowed the debtor to meet the first
instalment of one-fourth of the principal, and the interest theron;
and that annually thereafter he shall be required to pay one-fourth of
the amount of principal, with interest thereon until the contract is
satisfied; and in the event that he shall fail to meet either of these
instalments when due, that he shall forfeit all benefit arising from
this law.
On motion of Mr. Davis,
Resolved, That the committee for courts of justice be instructed
to enquire into the expediency of making stealing a capital offence;
and report by bill or otherwise.
On motion of Mr. Woltz,
Resolved, That the committee of roads and internal navigation
enquire into the expediency of transferring to the county of Carroll
that portion of the turnpike leading from Wvtheville to Salem, in
North Carolina, and that portion of the turnpike leading from Floyd
courthouse to Grayson courthouse, which lie within the said county
of Carroll.
- Mr. Lewis presented the petition of citizens of Fairfax county,
asking relief as to taxes; which was referred to the committee of
propositions and grievances.
The Speaker announced the appointment, of the joint select com¬
mittee on the contracts of express companies, as follows, viz: Messrs.
Z. Turner, Lee and Gibboney.
The following engrossed bills were taken up, read a third time and
passed:
No. 13, A bill changing the place of voting in Wythe county.
No. 14, A bill to amend and re-enact the 2d and 3d sections of an
act passed March 27th, 1858, incorporating the Norfolk and St. Na-
zaire navigation company.
No. 15, A bill to authorize a change in the location of a part of
the Flovd courthouse and Christiansburg road.
No. 17, A bill to incorporate the Snowville woollen manufacturing
company of the county of Pulaski.
JOURNAL OF THE nOUSE OF DELEGATES.
77
Ordered, ^ That the clerk communicate the same to the senate, and
request their concurrence.
A message was received from the senate by Mr. Grilmer, who in¬
formed the house of delegates that the senate had passed house bill
in relation to the Eichmond and Petersburg railroad, No. 31.
^ On motion of Mr. Clark of Pittsylvania, the resolution fixing the
time for the election of public printer was taken up.
Mr. Dickenson moved to amend the resolution by striking out the
words "public printer." Pendfng which,
On motion of Mr. Patterson, the resolution and amendment were
laid upon the table.
A message was received fronf the senate by Mr. Taliaferro, who in¬
formed the house of delegates that the senate had passed a bill for
the relief of J. 0. Pollard, clerk of the circuit court of King William
county, No. 11; in which they requested the concurrence of the house
of delegates.
The bill was read a first and second times, and referred to the com-
mitte for courts of justice.
Mr. Wood presented the memorial of the university of Virginia,
asking payment of its annuity; which was referred to the committee
of schools and colleges.
On motion of Mr. Hansbrough, the following resolution was refer¬
red to the joint committee on emigration:
Whereas it is our duty, as members of a christian community, and as
legislators of a great state, to do all the good within our means, and
to increase the wealth and develop the resources of our beloved
country: Therefore,
Be it resolved by the general assembly of Virginia, That the
scarcity of labor amongst us, the high wages therefor, the fertility of
our soil, the salubrity of our climate, and wholesomeness of our laws,
being strong inducements, the honest and industrious of all climes,
immigrating to our country, are cordially invited to settle amongst
us; and especially do we invite the honest, hardy and laboring classes
of the north, assuring them that so long as they shall demean them¬
selves as good citizens they will receive the justice, the respect and
the kindheartedness of the southern people.
On motion of Mr. White,
Eesolved, That the committee on finance enquire into the expedi¬
ency of so altering or amending the law in regard to salaries of public
officers, as to provide for the monthly payments of the same.
On motion of Mr. Bently,
Eesolved, That so much of the auditor's report as refers to the re¬
pairs of the governor's house, be referred to the committee on finance.
On motion of Mr. J ones, ...
Eesolved, That the committee for courts of justice be instructed to
enquire into the propriety of providiug by law that during the exist¬
ence of any stay law which may be passed by this body, any^ convey¬
ance made by a debtor to secure the payment ol money due by him, shall
enure to the benefit of all the creditors of said debtor, any one of whom
78
JOURNAL OF THE HOUSE OF DELEGATES.
may have the right to claim for himself and the other creditors of said
debtor, a participation in the benefits of said conveyance ; and report
by bill or otherwise.
On motion of Mr. Robertson,
Resolved, That the committee on agriculture and manufactures en¬
quire into the expediency of making Neabsco and Powell's creeks, in
the county of Prince William, lawful fences, beginning at points on
the public road known as the Old Telegraph road, and extending in
an eastwardly direction, three hundre'd yards therefrom ; and report
by bill ortherwise.
On motion of Mr. Ragsdale,
Resolved, That the committee for dburts of justice enquire into the
expediency of imposing such penalty upon justices of the peace as will
compel their attendance at the terms of the county courts to which
they have been assigned by said courts ; and report by bill or other¬
wise.
Mr. Langhorne offered the following resolution :
Resolved, That Dr. Grant, the state geologist, be instructed and or¬
dered to report to the proper committee all his knowledge of the pre¬
sent mineral resources of the state ; which was referred to the commit¬
tee on agriculture and manufactures.
On motion of Mr. Hancock,
Resolved, That the committee for courts of justice enquire what
legislation is necessary for the relief of tlie disabled soldiers of this
commonwealth, who served in the confederate army; and report by
bill or otherwise.
On motion of Mr. W. A. Turner,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of so amending the law as to impose addi¬
tional penalties for trespass.
On motion of Mr. Herndon (under a suspension of the rules), the
vote by which senate bill to increase the capital stock of the Rich¬
mond, Fredericksburg and Potomac railroad company was referred to
the committee of roads and internal navigation, was reconsidered;
and the bill was read a third time; and the question being put—
Shall the bill pass? was decided in the affirmative—ayes 79; noes 2.
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bently, Booker, Bowles, Brown,
Browning, A. J. Clark, Childress, Daniel, Davis, Davison, Deskins, Dunnington, English,
Fields, Garnett, Glendy, Graham, Grattan, Graves, Gray, Hancock, Harris, Hansbrough,
Hardy, Herndon, Holmes, Hurst, Jackson, Jones, Joynes, Kellam, Kendrick, Kilby,
Langhorne, Lewis, Mann, Marshall, Martin, McDonald, Magill, Merritt, Miller, Moore,
Morris, Mosby, Newberry, Owen, Parsons, Pate, Peed, Pendleton, Powell, Purdy, Rags-
dale, Robertson, Scott, Smith, Stearns, Straughan, Straver, J. McDowell Taylor, W. F.
B. Taylor, Teeter, Thompson, Trout, W. A. Turner, Z. Turner, V/addell,.Watkins^White,
Wilson, Woltz, Woodson, Wooldridge, Word and Wyatt—79.
Noes—Messrs. Bekem and Long—2.
Ordered, That the clerk communicate the same to the senate.
Mr. Watkins introduced the following bills, which were referred to
the committe of privileges and elections:
A bill prescribing further duties of the secretary of the common¬
wealth.
journal of the house of delegates. 79
A bill to amend an. act entitled an act changing the manner of ex-
mining polls, &c., passed 31st January 1862.
Mr. Watkins, from the joint select committee on the library, pre-
ented the following report, which was agreed to: '
The joint committee on the library respectfully recommend the
idoption of the following resolution:
Resolved, That four hundred copies of the report of the secretary
>f the commonwealth be printed for the use of the house. Doc. No. 3.
On motion of Mr. Holmes, the house adjourned until to-morrow,
twelve o'clock.
THURSDAY, December 14, 1865.
A communication from the senate, by their clerk, was read as
follows:
In senate, December 13, 1865.
The senate have passed a bill entitled:
An act for the relief of Walter Powell, late sheriff of Fairfax
county, No. 10.
And they have agreed to a resolution for the appointment of a
joint committee to consider whether it is necessary or proper to fur¬
ther alter or amend the third article of the constitution.
In which b.ill and resolution they respectfully request the concur¬
rence of the house of delegates.
No. 10, A senate bill for the relief of Walter Powell, late sheriff
of Fairfax county, was taken up, read a first and second times, and
the question being put on committing it to a committee, was decided
in the negative.
The bill was then read a third time and passed.
On motion of Mr. Str'aughan (under a suspension of the rules), the
vote by which the bill was passed was reconsidered.
On motion of Mr. Garnett, the vote was reconsidered by which the
bill was ordered to a third reading; and on motion, it was referred to
the committee of propositions and grievances.
The senate resolution for the appointment of a joint committee to
consider whether it is necessary or proper to further alter or amend
the third article of the constitution, was then taken up and agreed
to, as follows:
Resolved, That, with the concurrence of the house of delegates, a
joint committee, consisting of five on the part of the senate and nine
on the part of the house, be appointed to consider whether any fur¬
ther legislation is necessary or proper, under the authority delegated
by the people to the present general assembly, to alter or amend the
third article of the constitution; and if, in the opinion of said com¬
mittee, any such further legislation shall be lequired, it shall repoit
the character of the same by bill or otherwise.
BO
JOUEIUL OF THE HOUSE OF DELEGATES.
The Speaker announced the appointment of the following com-
mi ^00 •
Select joint committee on United States land tax, under resolution
of Mr. Woodson—Messrs. Woodson, Jones, Browning, Baylor and
Wooldridge.
The Speaker also made the following additions to committees:
Courts of justice—Messrs. Jones, Wyatt, Bekem and Merritt.
Propositions and grievances—Messrs. Kellam, Booker and Strayer.
Finance—Mr. Wood.
Schools and colleges—Mr. Hardy.'
Lunatic asylums—Messrs. Fields and Woltz.
Library—Mr. Jones.
' Mr. Joynes, from the committee for courts of justice, reported
No. 11, Senate bill for the relief of J. 0. Pollard, clerk of the circuit
court of King William county; which was read a third time and passed.
Mr. Joynes, from the same committee, reported the following bills,
which were read a first time, and ordered to be read a second time:
No. 25, A bill to provide for the erection and maintenance of jails.
No. 26, A bill to repeal certain sections of the Code concerning
the election of judges.
No, 27, A bill to amend section 28 of chapter 1.84 of the Code.
No. 28, A bill authorizing the auditor of public accounts to pay
claims of public officers in certain cases.
No. 29, A bill to amend and re-enact the 14th section of chapter
130 of the Code of 1860.
No. 31, A bill providing for staying the collection of debts for a
limited period.
A message was received from the senate by Mr. Coleman, who in¬
formed the house that the senate had passed house bill entitled an
act to authorize the Virginia central railroad company to borrow
money, No. 24.
Mr. Joynes, from the committee for courts of justice, presented the
following report; which was disagreed to:
The committee for courts of justice have, according to order, had
under consideration a resolution enquiring into the expediency of pro¬
viding by law, that in all suits hereafter brought upon bonds, pro¬
missory notes or accounts, all credits endorsed upon said bonds, notes
or accounts, should be endorsed upon the original writ by the clerk
when he issues the same, and beg leave to report that they deem it
inexpedient to legislate on the subject, and respectfully ask to be re¬
lieved from the further consideration of the same.
Mr. G-arnett, from the committee of propositions and grievances,
reported
No. 32, A bill to amend the charter of the fire insurance company
of Alexandria; whieh was read a first time, and (two-thirds concur¬
ring), read a second time, and ordered to be engrossed for a third
reading.
Mr. G-arnett, from the same committee, reported the following bill,
which was read a first time, and ordered to be read a second time:
JOURNAL OF THE HOUSE OF DELEGATES.
81
No. 33, A bill to provide for taking and preserving a list of pro¬
perty damaged, taken or destroyed by the opposing armies during the
late war.
Mr. Booker, from the committee on the militia laws, reported a
joint resolution reorganizing the state guard; which was read a first
time, and ordered to be read a second time.
On motion of Mr. Grattan, the rule having been suspended requir¬
ing the joint resolution to be printed (two-thirds concurring), it was
read a second time.
Mr. Z. Turner moved to amend the joint resolution by inserting
after the word "guard" the words "were entitled to receive prior to
the 1st day of January 1861."
The amendment was agreed to, and the joint resolution was ordered
to be engrossed for a third reading.
On motion (two-thirds concurring), the joint resolution having
been engrossed, was read a third time; and the question being put—
Shall the joint resolution pass ? it was decided in the affirmative—
ayes 90.
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Braxton, Brown, Browning, Cabell, A. J. Clark, W. T."Clark, Childress, Davis, Davison,
Davidson, Deskins, Dickenson, Dunnington, English, Fields, Garnett, Garrett, Gibboney,
Glendy, Graham, Grattan, Graves, Gray, Hancock, Harris, Hansbrough, Hardy, Harns-
berger, Herndon, Holmes, Jackson, Jones, Joynes, Kellam, Kendrick, Kilby, Langhorne,
Lee, Lewis, Long, Mann, Marshall, Martin, McDonald, Merritt, Miller, Moore, Morgan,
Mosby, Newberry, Owen, Parsons, Pate, Peed, Pendleton, Powell, Purdy, Ragsdale,
Riggs, Robertson, Seaweil, Smith, Stearns, Straughan, Strayer, J. McDowell Taylor, W.
E. B. Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall,
Watkins, White, Wilson, Woltz, Wood, Wooldridge, Word and Wyatt—90.
Ordered, -That the clerk communicate the same to the senate, and
request their concurrence.
Mr. Bowles, from the committee on agriculture and manufactures,
presented the following report, which was agreed to:
The committee on agriculture and manufactures have, according to
order, had under consideration the resolution to enquire into the ex¬
pediency of prohibiting the distillation of grain, and beg leave re¬
spectfully to report, that they deem it inexpedient at this time to
legislate upon that subject, but are of opinion that there should be
an increase of the license fax upon the privilege of distilling grain
within the limits of the commonwealth. They ask to be discharged
from the further consideration of said resolution.
Mr. Bowles, from same committee, presented the following report,
which, on motion, was laid upon the table:
The committee on agriculture and manufactures have, according to
order, had under consideration the resolution requiring Dr. Grant,
the state geologist, to report all his knowledge of the mineral re¬
sources of the state to the proper committee, and beg leave respect¬
fully to report, that they have adopted the following resolution:
Resolved, That Dr. Grant, the state geologist, be requested to re¬
port all his knowledge of the mineral resources of the state to the
house of delegates.
82
JOURNAL OF THE HOUSE OF DELEGATES.
A message was received from the senate by Mr. Gray, who informed
the house of delegates that the senate had passed a resolution re¬
scinding the joint resolution appointing the 21st instant for the elec¬
tion of secretary of the commonwealth, &c. and (the house of dele¬
gates concurring) would proceed to said election on the 10th day of
January next.
The resolution of the senate was agreed to.
Ordered, That the clerk communicate the same to the senate.
Mr. Wall presented the petition of John Stephenson of Frederick
county, Virginia, praying the passage of an act authorizing him to
sell certain lands named in said petition; which was referred to the
committee for courts of justice.
The following engrossed bills were read a third time and passed:
.No. 18, A bill for the relief of Henry Stephenson of Frederick
county.
'No. 19, A bill to authorize the county court of Smyth county to
borrow a sum of money.
No. 20, A bill amending the 1st and 12th sections of an act passed
March 29th, 1861, entitled an act incorporating the Eockbridge insu¬
rance company.
No. 21, A bill authorizing the county court of Lee county to
authorize William R. Graham of said county to construct a dam
across Powell's river.
No. 22, A bill to amend and re-enact an act entitled an act amend¬
ing the charter of the town of Danville, passed March 4th, 1854, and
incorporating into one all acts amendatory thereof.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
The following engrossed bill was taken up, read a third time, and
the question being—Shall the bill pass? was put, and decided in the
affirmative:
No. 23, A bill to amend and re-enact the 13th and 14th sections of
chapter 14 of the Code of Virginia (1860), was read a third time and
passed—ayes 86.
Ayes—Messrs. Baldwin (speaker). Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Braxton, Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Davis, Davison,
Deskins, Dickenson, Dunnington, English; Fields, Garnett, Garrett, Glendy, Graham,
Grattan, Graves, Gray, Hancock, Harris, Hardy, Harnsberger, Herndon, Holmes, Jackson,
Jones, Joynes, Kellam, Kendrick, Kilby, Langhorne, Lee, Lewis, Long, Mann, Marshall,
Martin, McDonald, Merritt, Miller, Moore, Morgan, Mosby, Newberry, Owen, Pate, Pat¬
terson, Peed, Pendleton, Powell, Purdy, Ragsdale, Robertson, Scott, Smith, Stearns,
Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes,
Trout; W. A. Turner, Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz, Woodson,
Wooldridge, Word and Wyatt—86.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
• On motion of Mr. Joynes, leave of absence was granted to Mr.
Daniel until the 22d instant.
Mr. English moved that the joint resolution, heretofore laid on the
table, in relation to the release of Jefferson Davis and all other politic
JOURNAL OF THE HOUSE OF DELEGATES.
83
cal prisoners, and the restoration of the writ of habeas corpus, be
taken up; and the question being on agreeing thereto, was put,'and
decided in the negative. 5
Mr. Z. Turner, under suspension of the rules, moved to reconsider
the vote by which the bill authorizing the auditor of public accounts
to pay claims of public officers in certain cases, was ordered to be
printed; and the question being on agreeing thereto, was put, and
decided in the affirmative; and on his further motion (two-thirds con¬
curring), the bill was read a second time, and ordered to be engrossed
and read a third time.
Mr. Robertson moved that the joint resolutions praying the presi¬
dent of the United States to grant a general amnesty, be taken up;
and the question being on agreeing thereto, was put, and decided in
the affirmative.
Mr. Stearns submitted the following amendment:
Strike out the whole thereof, and insert the following:
Whereas the people of Virginia recognize the constitution of the
United States as the supreme law of the land, and they are prepared
to uphold and defend the same as interpreted by the supreme court
of the United States: Therefore,
Be it resolved, That we most respectfully but earnestly recommend
that the president of the United States grant full and complete par¬
dons to all persons now confined in prisons under charge of treason
or other political crimes, believing as we do, that the prosperity and
happiness of the country will be promoted thereby. Pending which,
On motion of Mr. Joynes, the whole subject was laid on the table.
On motion of Mr. Grraharq,
Resolved, That the committee of roads and internal navigation
enquire into the expediency of incorporating a company to construct
a railroad to the Ohio river.
On motion of Mr. Garrett,
Resolved, That the committee on lunatic asylums enquire into the
expediency of amending chapter 85 of the Code of Virginia of 1860.
On motion of Mr. Browning,
Resolved, That the committee of roads and internal navigation be
instructed to enquire into the expediency of giving the state's invest¬
ment in the Fredericksburg and Gordonsville railroad to any com¬
pany that will complete and equip the same; and report by bill or
otherwise.
On motion of Mr. Scott,
Resolved, That the committee for courts of justice enquire into
the expediency of providing by law, that whenever the fees now
allowed by law to sheriffs for removing prisoners from one county to
the jail of another county, and for carrying insane persons to lunatic
asylums, are not sufficient to pay their reasonable expenses, the de¬
ficiency shall be paid when approved by the county couits.
On motion of Mr. Wooldridge,
Resolved, That the committee on finance enquire into the expedi¬
ency of increasing the salaries of the officers connected with the dif¬
ferent departments in the basement; and report by bill or otherwise.
84
journal of the house of delegates.
On motion of Mr. Joynes,
Resolved, Tliat the committee for courts of justice be instructed
to enquire into the expediency of repealing the act passed February
5th, 1862, amending section 29 of chapter 151 of the Code.
On motion of Mr. Townes,
Resolved, That the committee of *roads and internal navigation be
instructed to enquire into the expediency of reporting a bill authoriz¬
ing the Roanoke valley railroad company to construct a road from
any point on the Keysville extension to the junction of the Danville
and Southside roads.
On|motion of Mr. Riggs,
Resolved, That the committee of roads and internal navigation en¬
quire into the expediency of authorizing the county of Wise to build
a toll bridge across tha Pound river, at the Pound, in said county.
On motion of Mr. Lee,
Resolved, That the pay of the pages of this house be three dollars
per day.
On motion of Mr. Straughan, the house adjourned until to-morrow,
twelve o'clock.
FRIDAY, December 15, 1865.
A communication from the senate, by their clerk, was read as
follows: *
In seriate, December 14, 1865.
The senate have agreed to joint resolution in relation to a recess of
the general assembly.
And they have passed bills entitled:
An act establishing the name of the Western lunatic asylum, No. 13.
An act to repeal section 8, and to" amend and re-enact section 9 of
chapter 85 of the Code of Virginia, so far as the Western lunatic
asylum is concerned, sons to give to the directors power to dispense
with the office of treasurer, and to direct the funds of said asylum to
be kept in one of the banks at Staunton, or some other place of safe¬
keeping, No. 14.
In which bill's they respectfully request the concurrence of the
house of delegates.
The Speaker announced the appointment of the select joint com¬
mittee on the 3rd article of the constitution : Messrs. Wilson, Mar¬
shall, Pendleton, Scott, Graves, Hansbrough, Davis, Morris and
"Deskins.
The Speaker made the following additions to committees:
Schools and colleges—Mr. A. J. Clark.
Propositions and grievances—Messrs. Pate and Davidson.
Lunatic asylums—Messrs. J. McDowell Taylor and W. F. B.
Taylor.
JOURNAL OF THE HOUSE OF DELEGATES.
85
J oint library—Mr. Gray.
Mr. Graham, from the committee of roads and internal navigation,
reported ' '
No. 2, A senate bill to amend and re-enact the first section of an
act entitled an act to incorporate Tanner's creek drawbridge company,
and for other purposes, passed February 7th, 1865; which was read a
third time and passed.
Ordered, That the clerk inform the senate thereof.
Mr. Grattan, from the committee on finance, to whom had been
referred that portion of a message from the governor in relation to
the penitentiary, reported that the committee had, according to order,
had the subject under consideration, and respectfully requested that
the committee be discharged from its further consideration, and that
it be referred to the committee on the penitentiary; which was
agreed to.
Mr. Garrett, from the committee on lunatic asylums, reported
No. 34, A bill to provide for the liabilities of the lunatic asylum
at Staunton, incurred prior to the 1st day of July 1865; which was
read a first, and (two-thirds concurring), a second time, and ordered
to be engrossed for a third reading.
Mr. Dunnington, from the joint committee on the public printing,
presented a report, and the following resolution:
Resolved, That this house, the senate concurring, will proceed to
the election of a public printer at two o'clock to-day.
Mr. Word, from the same committee, presented a minority report.
The house proceeded tov consider the resolution reported by the ma¬
jority of the committee; and the question being on agreeing thereto,
Mr. Word demanded the previous question; which was sustained by
the house; and being put, was decided in the negative—ayes 46;
noes 49.
On motion of Mr. Dickenson, the vote was recorded as follows :
Ayes—Messrs. Atkinson, Baylor, Bently, Bowles, Braxton, Browning, A. J. Clark, W.
T. Clark, Davison, Davidson, Deskins, Dunnington, English, Fields, Garrett, Gibboney,
Glendy, Graham, Graves, Gray, Hansbrough, Hardy, Herndon, Holmes, Hurst, Jackson,
Kellam, Mann, Miller, Newberry, Patterson, Pendleton, Powell, Purdy, Ragsdale, Riggs,
Seawell, Strayer, J. McDowell Taylor, Z. Turner, Wall, Watkins, White, Woltz, Wool-
dridge and Wyatt—46.
Noes—Messrs. Baldwin (speaker), Bekem, Booker, Brown, Cabell, Childress, Davis,
Dickenson, Ellis, Garnett, Grattan, Hancock, Harris, Harnsberger, Jones, Joynes, Ken-
drick, Kilby, Lee, Lewis, Long, Marshall, Martin, McDonald, Merritt, Moore, Morgan,
Morris, Mosby, Owen, Parsons, Pate, Peed, Robertson, Scott, Smith, Stearns, Straughan,
W. F. B: Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Waddell, Wilson,
Wood, Woodson and Word—49.
On motion of Mr. Grattan, the report of the joint committee was
recommitted, to enable them to report a plan for letting out the pub¬
lic printing.
Ordered, That the clerk inform the senate thereof.
Ordered, That Mr. W. T. Clark inform the senate that the
house have passed a bill to amend and re-enact the act entitled an
act amending the charter of the town of Danville, passed March 4th,
86
JOURNAL OF THE HOUSE OF DELEGATES.
1854, and incorporating into one all the acts amendatory thereof,
No. 22.
A message was receive^. from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had passed house
bill entitled an act to amend and re-enact the 13th and 14th
sections of chapter 14th of the Code of Yirginia, I860, No. 23; a
joint resolution reorganizing the public guard, and a joint resolution
requesting the president of the United States to grant a general am¬
nesty to the citizens of Virginia.
Mr. Garnett, from the committee of propositions and grievances, re¬
ported
No. 10, Senate bill for the relief of Walter Powell, late sheriff of
Fairfax county, with the following amendments :
Strike out the words "upon his giving security for its payment
satisfactory to said sheriff," and insert "the lien for the amount
thereof shall be unaffected by such stay."
The amendment was agreed to, and the bill was read a third time
and passed.
Ordered, That the clerk inform the senate thereof.
The following senate bills were read a first and second times, and
referred to the committee on lunatic asylums:
No. 13, A senate bill entitled an act establishing the name of the
Western lunatic asylum.
No. 14, A senate bill entitled an act to repeal section 8, and to
amend and re-enact section 9 of chapter 85 of the Code of Virginia,
so far as the Western lunatic asylum is concerned, so as to give to
the directors power to dispense with the office of treasurer, and to
direct the funds of said asylum to be kept in one of the banks at
Staunton, or some other place of safe-keeping.
A message was received from the senate by Mr. Gray, who informed
the house of delegates that the senate had passed a bill entitled an
act incorporating the Virginia porcelain and earthenware company in
the county of Augusta, No. 15.
On motion, the bill was taken up, regd a first and second times,
and referred to the committee of propositions and grievances.
The following engrossed bill was taken up,, read a third time and
passed:
No. 28, A bill authorizing the auditor of public accounts to pay
claims of public officers in certain cases.
Ordered, That Mr. Z. Turner inform the senate thereof.
The following engrossed bill was taken up, read a, third time and
passed:
No. 32, A bill to amend the charter of the fire insurance company
of Alexandria.
Ordered, That the clerk inform the senate thereof.
The following engrossed bill was taken up, read a third time and
passed:
No. 30, A bill to authorize William H. Parker and others to obtain
a grant for certain land—ayes 77.
JOURNAL OF THE HOUSE OF DELEGATES.
87
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bently, Booker, Bowles Brown
Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Davis, Davison, Davidson, Deskins'
Dickenson, Dunnington, English, Fields, Glendy, Graharn, Grattan, Graves, Grav, Harris,
Hansbrough, Hardy, Holmes, Jackson, Jones, Joynes, Kellam, Kendrick, Kilby, Lewis'
Long, Mann, Marshall, McDonald, Merritt, Miller, Moore, Morgan, Morris, Mosby, New¬
berry, Owen, Parsons, Pate, Peed, Pendleton, Powell, Purdy, Robertson, Scott, Seawell,
Smith, Stearns, Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter,
Thompson, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins, White, *Wilson,
Woltz, Wood, Word and Wyatt—77.
Ordered, That the clerk inform the senate thereof.
On motion of Mr. Garnett, the senate resolution in relation to the
release of Jeiferson Davis and other political prisoners, and the resto¬
ration of the writ of habeas corpus, which had been laid upon the
table, was taken up and agreed to.
Ordered, That Mr. G-arnett inform the senate thereof.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed house bill entitled
an act to amend and re-enact the act entitled an act amending the
charter of the town of Danville, passed March 4th, 1854, and incor¬
porating into one all acts amendatory thereof, No. 22.
On motion of Mr. Gray,
Resolved, That the committee on banks enquire into the expe¬
diency of reporting a bill arresting suits against the banks, so that
all the creditors of those institutions may stand upon an equal footing.
On motion of Mr. Clark,
Resolved, That a special committee of five be appointed to enquire
into the expediency of authorizing the Piedmont railroad company to
change the gauge of its road, so as to make it conform to that of the
Richmond and Danville railroad; and that said committee have leave
to sit during the sessions of the house.
The Speaker announced the appointment of said committee as fol¬
lows: Messrs. Clark, Pendleton, White, Davis and Ragsdale.
, On motion of Mr. Gibboney,
Resolved, That the committee for courts of justice enquire into the
expediency of prohibiting the further issue of warrants by the register
of the land office until the general assembly has acted upon the recom¬
mendation of the governor in regard to that subject.
On motion of Mr. Merritt,
Resolved, That the committee for courts of justice be-instructed
to enquire into the expediency of amending the laws in relation to
the rights of married women, and in relation to dower, discount and
distribution, so as to enlarge the rights of married women, and ex¬
empt a larger part of the property of decedents from the claims of
creditors, for the benefit of widows and infant children; and report
by bill or otherwise.
On motion of Mr. English,
Resolved, That the auditor of public accounts be and he is hereby
directed to furnish this house with a statement of the amount of
fines assessed, collected and paid into the treasury by single justices
of the peace of the county of Alexandria, the 1st day of January 1862,
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JOURNAL OF THE HOUSE OF DELEGATES.
On motion of Mr. Merritt,
Resolved, That the committee of propositions and grievances be
instructed to enquire into the expediency of providing by law for the
adequate compensation of those citizens of the state who have or shall
render service as members of the courts established by the freedmen's
bureau in the various cities and counties of this commonwealth; and
report by bill or otherwise.
A message was received from the senate by Mr. Power, who in¬
formed the house of delegates that the senate had passed a resolution
authorizing the joint committee on oysters to emplby a clerk.
On motion, the resolution was taken up and agreed to.
Mr. Clark of Pittsylvania, from the select committee on the Pied¬
mont railroad, reported the following bill, which was read a first, and
(two-thirds concurring), a second time, and ordered to be engrossed
and read a third time; and being forth with engrossed (two-thirds con¬
curring), was read a third time and passed.
No. 35, A bill to ratify and confirm an ordinance of the state of
North Carolina entitled an ordinance to incorporate the Piedmont
railroad company, passed February 8th, 1862.
Ordered, That Mr. Clark inform the senate thereof, and request
their concurrence-
Mr. Word offered the following resolution :
Resolved, That it is the sense of this house that the public print¬
ing should be done by contract, and that provision should be at once
made for procuring contracts to do the printing of the two houses of
the general assembly ; and that this resolution be referred to the joint
committee on printing.
The question being on agreeing to the resolution, was put, and de¬
cided in the affirmative—ayes 51; noes 40.
On motion of Mr. Word, the vote was recorded as follows :
Ayes—Messrs. Baldwin (speaker), Baylor, Bekem, Booker, Brown, Childress, Davis,
Dickenson, Ellis, Garnett, Garrett, Gibboney, Grattan, Hancock, Harris, Hansbrough, Har-
.dy, Harnsberger, Jones, Joynes, Kendrick, Ivilby, Lee, Lewis, Long, Marshall, Martin,
McDonald, Meritt, Miller, Moore, Morgan, Morris, Mosby, Owen, Parsons, Pate, Robert¬
son, Scott, Smith, Stearns, Straughan, W. F. B. Taylor, Teeter, Thompson, Townes, Trout,
W. A. Turner, Waddell, Wood and Word—51.
Noes—Messrs. Atkinson, Bentlv, Bowles, Braxton, Browning, A. J. Clark, W. T. Clark,
Davison, Davidson, Dunnington, English, Fields, Glendy, Graham, Graves, Gray, Herndon,
Holmes, Jackson, Kellam, Mann, Newberry, Patterson, Peed, Pendleton, Powell, Purdy,
Ragsdale, Riggs, Seawell, Strayer, J. McDowell Taylor, Z. Turner, Wall, Watkins, White,
Wilson, Woltz, Wooldridge and Wyatt—40.
Mr. Lee presented a bill to authorize the York river railroad com¬
pany to borrow money; which was referred to the committee of roads
and internal navigation.
A message was received form the senate by Mr. Robertson, who in¬
formed the house of delegates that the senate had passed a bill entitled
an act to amend the 8th section of an act entitled an act to amend and
re-enact an act to incorporate the southern express company, passed
March 22nd, 1861, and to incorporate the national express and trans¬
portation company, passed December 12th, 1865, No. 16.
JOURNAL OF THE HOUSE OF DELEGATES.
89
The bill was read a, first and second times, and referred to the com¬
mittee of propositions and grievances.
Mr. Straughan moved to take up the resolution, heretofore laid on
the table, in relation to the'call of a state convention ; and the ques¬
tion on agreeing thereto was put, and decided in the negative.
On motion of Mr. Stearns, .
Eesolved, That the committee of roads and internal navigation be
instructed to enquire into the expediency of authorizing the Rich¬
mond and Danville railroad company to secure certain liabilities of
the' Piedmont railroad company.
On motion of Mr. Townes,
Resolved, That the committee of roads and internal navigation be
instructed to enquire into the expediency of altering, amending or re-
enacting an act authorizing the sale of the Roanoke valley railroad,
passed February 13th, 1863; and report by bill or otherwise.
On motion of Mr. Riggs,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of reporting a bill legalizing the proceed¬
ings of Wise county court since the reorganization of the state.
Mr. Garrett, offered the following resolution, which lies over one
day under the rules:
Resolved, That the clerk of the house of delegates be authorized
to appoint an additional clerk, who shall be designated as the clerk of
the committees of schools and colleges and lunatic asylums, and re¬
ceive the same compensation as the clerks of the other standing com¬
mittees of the house until discharged. The said clerk shall perform
the duty of clerk of any other committee in the house, and any simi¬
lar service that may be required of him, without additional compen¬
sation.
On motion of Mr. Garrett,
Resolved, That the subject of providing stationery for the house
and the other contingent expenses, be referred to the committee oh
rules, with instructions to investigate the same, and report to the
house as- early as practicable.
On motion of Mr. Herndon, the resolutions offered by Mr. Robert¬
son in relation to a general amnesty, and the amendment offered by
Mr. Stearns, which* were laid on the table by vote of the house,'were
taken up, and referred to the joint committee appointed to consider
that subject.
On motion of Mr. Baylor,
Resolved, That the committee of claims enquire into the expedi¬
ency of paying to James W. Crawford and others the amounts due
them for supplies furnished to the penitentiary during the war, essen¬
tial to the support of the inmates.
On motion of Mr. White, •
Resolved, That the committee on finance be instructed to enquire
into the expediency of so altering or amending the law regulating the
salary of the "superintendent of public buildings, as to provide for
the increase of the same.
12
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JOURNAL OF THE HOUSE OF DELEGATES.
On motion of Mr. Watkins,
Resolved, That the committee on enrolled bills enquire into theex-
pediency of dispensing with enrolling the same on parchment, and into
the expediency of providing that the Acts of Assembly shall be printed,
and one copy be deposited, each, with the governor, the secretary of
the commonwealth and the librarian, in lieu of enrolment.
On motion of Mr. Watkins,
Resolved, That the joint committee on executive expenditures en¬
quire into the expediency of making repairs and adding furniture to
the governor's house; and report by bill or otherwise.
Mr. Word offered the following resolution, which lies over under
the rules:
Resolved, That there shall be a joint committee on printing, com¬
posed of three members of the senate and five members of the house,
whose duty it shall be to make contracts for the printing of the two
houses of the general assembly, and to supervise the proper execution
thereof, and of all printing done for the state.
Mr. English presented the petition of citizens of Alexandria for the
repeal of an act passed January 27th, 1865, amending the charter of
said city, and to have the former charter re-enacted.
Mr. English presented a communication from the merchants and me¬
chanics exchange of the city of Norfolk; which was referred to the
committee on finance.
On motion of Mr. Robertson, •
Ordered, That the clerk be authorized to have executed the print¬
ing of the house until other arrangements shall be made.
On motion of Mr. Stearns, leave of absence was granted to Mr.
Davis for to-morrow.
On motion of Mr. Smith, leave of absence was granted to Mr. Mar¬
tin for to-morrow.
On motion of Mr. Giarnett, leave of absence was granted to Mr.
Straughan for to-morrow.
A message was received from the senate by Mr. Keen, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to ratify and confirm an ordinance of the state of
North Carolina entitled an ordinance to incorporate the Peidmont
railroad company, passed February 8th, 1862, No.'35.
Mr. Ellis introduced the following bills, which were referred to the
committee for courts of justice:
A bill to amend and re-enact an act passed the 3d day of February
1863, amending and re-enacting an act passed the 28th day of March
1861, which amended and re-enacted the 7th section of chapter 165
of the Code, in relation to attorneys for the commonwealth.
A bill conferring upon the several circuit courts of cities within the
commonwealth, and the judges thereof respectively, the same powers
and jurisdiction in all respects within the limits of their respective
cities, as the said courts and judges thereof now have in the counties
for which the said circuit courts are or may be held.
A bill to amend and re-enact section 7 of chapter 158 of the Code
journal of the house of delegates. 91
of Virginia, in relation to the adjourned terms of the circuit Court of
the city of Norfolk.
On motion of Mr. Ragsdale, the house adjourned until to-morrow,
12 o'clock.
SATURDAY, December 16, 1865.
A communication from the senate, by their clerk, was read as
follows:
In senate, December 15, 1865.
The senate have passed house bills entitled:
An act incorporating the Lynchburg mining and manufacturing
company in the counties of Campbell, Amherst and Bedford, No. 5.
An act to incorporate the Virginia insurance company, No. 9.
And they have passed a bill entitled:
An act authorizing the trustees of the town of Manchester to con¬
struct a bridge across James river at Richmond, No. 5.
In which bill they respectfully request the concurrence of the house
of delegates.
The Speaker appointed the following select joint committee on the
pardon of Jefferson Davis and mothers, and the restoration of the writ
of habeas corpus: Messrs. Baylor, Martin, Holmes, Bowles, Hancock,
Trout, Lewis, Childress, Mann, Parsons and Langhorne.
He also made the following additions to the standing committees:
Joint committee on library—Mr. Ellis.
Committee on schools and colleges—Mr. Smith.
Mr. Joynes, from the committee for courts of justice, reported the
following bills, which were 'read a first, and (two-thirds concurring),
a second time, and ordered to be printed:
No. 36, A bill to provide that credit in all suits hereafter brought
shall be endorsed on the original writ.
No. 37, A bill to amend and re-enact section 3 of chapter 3 of the
Code.
No. 38, A bill providing for the punishment of vagrants..
Mr. Joynes, from the same committee, submitted the following re¬
port, which was agreed to:
The committee for courts of justice have, according to order, had
under consideration a resolution offered by Mr. Hansbrough, enqui¬
ring into the expediency of exempting from taxation the counties of
Kino- George and Stafford, and have adopted the following resolution:
Resolved^ That the subject be referred to the-committee on finance,
and that this committee be relieved from the further consideration of
the same.
No. 5 A senate bill authorizing the trustees of the town of Manr
Chester to construct a bridge across James river at Richmond, was
92
JOURNAL OF THE HOUSE OF DELEGATES.
taken up, read a first and second times, and referred to the commit¬
tee of roads and internal navigation.
Mr. Garnett, from the committee of propositions and grievances,
reported
No. 6, A senate hill to amend the charter of the Midlothian coal
mining company, and to extend the duration of the same, with the
following amendments:
Add at the end the words "subject, however, to modification,
amendment or repeal, at the pleasure of the general assembly."
The question being on agreeing to the amendment-, it was decided
in the affirmative.
The bill was then read a third time and passed.
Ordered, That Mr. Garnett inform the senate thereof.
Mr. Pendleton, from the committee of claims, reported adversely
to the petition of Joseph Hobday of Portsmouth, praying compensa¬
tion for services rendered as commissioner of the revenue.
• The question being on agreeing to the report, was put, and decided
in the affirmative.
Mr. Graham, from the committee of roads and internal navigation,
reported the following bills, which were read a first, and (two-thirds
concurring), a second time, and ordered to be printed:
No. 39, A bill to direct the transfer of certain turnpikes and plank-
roads to the counties in which they lie.
No. 40, A bill to authorize the Richmond and Danville railroad
company to borrow money.
No. 41, A bill to authorize the Richmond and Danville railroad
company to secure certain liabilities to be incurred by the Piedmont
railroad company.
Mr. Bowles, from the committee on agriculture and manufactures,
submitted the following report; which was agreed to:
The committee on agriculture and manufactures have, according
to order, had under consideration the memorial of Duff Green, asking
for the incorporation of the American industrial agency, and the
mining, manufacturing and improvement company, and beg leave to
report that they have adopted the following resolution:
' Resolved, That the prayer of the petitioner be rejected.
Mr. Bently, from the committee on banks, reported
No. 42, A bill to provide for arresting suits against the banks of
this commonwealth, so that all the creditors of those institutions may
stand upon an equal footing; which was read a first, and (two-thirds
concurring), a second time, and ordered to be printed.
No. 34, An engrossed bill to provide for the liabilities of the luna¬
tic asylum at Staunton, incurred prior to the first day of July 1865,
was read a third time; and the question being on the passage of the
bill, was put, and decided in the affirmative—ayes 86.
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Brown, Browning, Cabell, A. J. Clark, Childress, Davidson, Deskins, Dickenson, Dunning-
ton, Ellis, English, Fields, Garnett, Garrett, Gibboney, Glendy, Graham, Grattan, Graves,
Gray, Hancock, Harris, Hansbrough, Hardy, Harnsberger, Holmes, Jackson, Jones, Joynes,
Kellam, Kendrick, Kilby, Langhorne, Lee, Lewis, Long, Mann, Marshall, McDonald, Mer-
JOURNAL OF THE HOUSE OF DELEGATES.
93
ritt, Miller, Moore, Morgan, Mosby, Newberry, Owen, Parsons, Pate, Patterson Peed
Pendleton, Purdy, Ragsdale, Rixey, Robertson, Seott, Seawell, Smith, Stearns, Straver'
J. McDowell Taylor, W. F. B. Tayior, Teeter, Thompson, Townes, Trout, W. A Turner'
Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz, Wood, Woodson, Wooldridoe'
Word and Wyatt—86. , b '
Ordered,That Mr. Baylor communicate the same to the senate, and
request their concurrence.
A message was received from the senate by Mr. Robertson, who in¬
formed the house of delegates that the senate had adopted a resolu¬
tion in relation to the appointment of a joint committee to visit the
Eastern and Western lunatic asylums and the institution for the deaf
and dumb and the blind: in which they requested the concurrence of
the house.
On motion of Mr. Grattan, the resolution was laid on the table.
A message was received from the senate by Mr. Dulany, who in¬
formed the house of delegates that the senate had agreed to the
amendment proposed by the house of delegates to senate bill entitled
an act for the relief of Walter Powell, late sheriff of Fairfax county,
No. 10.
A message was received from the senate by Mr. Strother, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act authorizing the auditor of public accounts to pay
claims of public officers in certain cases, No. 28.
Mr. Joynes, under a suspension of the rules,, moved to reconsider
the vote by which bill No. 37, to* amend and re-enact section 3 of
chapter 3 of the Code, was ordered to be printed; and the question
being on agreeing thereto, was put, and decided in the affirmative.
The question recurring on ordering the bill to be engrossed and read
a third time, was put, and decided in the affirmative; and having
been forthwith engrossed (two-thirds concurring), was read a third
time and passed.
Ordered, That the'clerk communicate the same to the senate, and
request their concurrence.
Mr. Bently, under a suspension of the rules, moved to reconsider
the vote by which bill No. .42, to provide for arresting*-suits against
the banks of this commonwealth, so that all the creditors of those
institutions may stand upon an equal footing, was ordered to be
printed; and the question being on agreeing thereto, was put, and
decided in the affirmative.
Mr. Herndon moved to amend the bill" by striking out the words
"indefinitely stayed/' and inserting in lieu thereof the words "stayed
until the first day of January 1867."
Mr. Dickenson moved to amend the amendment by striking out the
words "January 1867," and inserting in lieu thereof, "March 1866;"
and the question being on agreeing thereto, was put, and decided in
the negative.
The question recurring on agreeing to the amendment offered by
Mr. Herndon, was put, and decided in the affirmative.
Mr. Joynes moved to amend the bill by adding at the end of the
1st section, "and it shall not be lawful for any bank to confess judg-
94
JOURNAL OF THE HOUSE OF DELEGATES.
ment or to pay any debt or liability, or to make any conveyance or
assignment of its assets, or any part thereof, until otherwise provided
by law. But nothing in this act shall be construed to prevent the
banks from receiving payment in their own notes of debts due to them.
Pending which,
Mr. Grattan moved to lay the bill and amendment on the table;
and the question being on agreeing thereto, was put, and decided in
the negative.
Mr. Wood moved to amend the - amendment by adding at the end
thereof, "except that the notes of such banks as are secured by Vir¬
ginia state stock may be exchanged for such stock, dollar for dollar."
Pending which,
On motion of Mr. Lee, the bill and amendments were recommitted.
The resolution providing for a joint committee to make contracts
for the printing of the two houses, &c., was taken up.
Mr. Dunning ton moved to lay the resolution on the table; and the
question being on agreeing thereto, was put, and decided in the
negative.
Mr. Waddell moved to amend the resolution by striking out the
words "to make contracts for the printing of the two houses of the
general assembly and," and the words "thereof and;" and the ques¬
tion being on agreeing thereto, was put, and decided in the affirmative.
The question recurring on agreeing to the resolution as amended,
was put, and decided in the affirmative.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
The Speaker added to the committee on banks, Messrs. Ellis, Pen¬
dleton and Z. Turner.
The resolution authorizing the clerk of the house of delegates to
appoint a clerk to the committee of schools and colleges and lunatic
asylums, was taken up; and the question being on agreeing thereto,
was put, and decided in the affirmative.
Mr. Smith moved to take up the resolution of the senate in relation
to the appointment of a joint committee to visit the Eastern and
Western lunatic asylums, &c.; and the question being on agreeing
thereto, was put, and decided in the negative.
The Speaker laid before the house a communication from the adju¬
tant general of the state; which was laid on the table and ordered to
be printed. Doc. No. 4.
On motjon of Mr. Kilby, leave of absence was granted to Mr.
Holmes until the 21st instant.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate had passed house bills
entitled:
An act to authorize the county court of Fauquier to borrow money
for county purposes, No. 6.
An act to incorporate the Belvidere manufacturing company,
No. 7.
An act to incorporate the Virginia state insurance company, No. 8.
JOURNAL OF THE HOUSE OF DELEGATES.
95
An act to authorize a change in the location of a part of the Floyd
courthouse and Cbristiansburg road, No. .15.
An act to incorporate the Snowville woollen manufacturing com¬
pany of the county of Pulaski, No. 17.
An act for the relief of Henry Stephenson of Frederick county,
No. 18..
An act amending the 1st and 12th sections of an act passed March
29th, 1861, entitled an act incorporating the Rockbridge insurance
company, No. 20.
An act to provide for the liabilities of the lunatic asylum at Staun¬
ton, incurred"prior to the 1st day of July 1865, No. 34.
And that they had passed house bill entitled:
An act to incorporate the Catawba coal and iron company, No. 12,
with an amendment.
In which amendment they respectfully requested the concurrence of
the house of delegates.
On motion of Mr. Grattan,
Resolved, That the committee of propositions and grievances be
instructed to enquire into the expediency of repealing or amending
the act of June 22d, 1865, amending the 36th section of chapter 88
of the Code, so as to ascertain the fee allowed for the inspection of
flour in the city of Richmond.
On motion of Mr. Kilby,
Resolved, That the committee of propositions and grievances en¬
quire into the subject of the sales of public lands by the authorities
at Richmond during the late war; whether said sales are valid, or are
null and void, and of no effect; and report to this house the result of
their investigation; and if necessary, by bill.
On motion of Mr. Strayer,
Resolved, That the committee of roads and internal navigation be
instructed to enquire into the present condition and future prospects
of the Manassas gap railroad company, and report to this house whe¬
ther the great Yalley of Virginia will soon have a railroad or not; and
for this purpose, the committee be invested with the right to send for
persons and papers.
On motion of Mr. Wood,
Resolved, That the committee on finance enquire what legislation
is necessary to provide depositaries for the safe-keeping of the money
of the state, and what security shall be given by such depositaries;
and that said committee report by bill or otherwise.
On motion of Mr. Pendleton,
Resolved, That the committee of roads and internal navigation en¬
quire into the expediency qf districting the state for the election of
commissioners of public works, under the 14th section of the 5th ar¬
ticle of the constitution; or if deemed inexpedient, that they report
a bill abolishing the board of public works, and providing by law by
whom the duties of said board shall be managed.
On motion of Mr. Waddell,
Resolved, That the select joint committee on the public printing
96
JOURNAL OF THE HOUSE OF DELEGATES.
enquire into the expediency of electing a superintendent of printing,
who shall let out the work from time to time, and supervise its exe¬
cution; and that said committee report by hill or otherwise.
On motion of Mr. Taylor,
Resolved, That the committee of schools and colleges enquire into
the expediency of allowing the hoard of visitors of the military insti¬
tute to borrow fifty thousand dollars.
On motion of Mr. Miller,
Resolved, That the committee of roads and internal navigation
enquire into the expediency of regulating hy law:
1. That every railroad company shall furnish reasonable accommo¬
dations for the convenience and safety of passengers.
2. That through passenger tickets shall he arranged between all
connecting roads.
3. That merchandise and other property delivered on any road and
prepaying freights, shall be promptly forwarded and sent over another
road connecting therewith, according to the directions contained
therein or accompanying the same.
4. That checks and through checks be furnished when requested.
5. That every passenger train shall be furnished with a bell and
bell-rope passing through the train.
6. That intoxication of an engineer shall be a misdemeanor.
7. That penalties shall be affixed to every violation of any law for
the safety and convenience of passengers.
8. That ample and sufficient accommodations for the convenience
of travellers at intersections of roads, shall be made, so that passen¬
gers and baggage may be transferred safely and without delay.
9. That whenever connecting roads cannot agree on the passenger
and freight time tables, and on terms for through tickets and freights,
the board of public works, or a commissioner appointed by them,
shall arbitrate such difference.
On motion of Mr. Gfrattan,
Resolved, That the committee for courts of justice enquire into
the expediency of amending and re-enacting an act to increase the
compensation of the commonwealth's attorney for the circuit court of
the city or Richmond, passed January "17th, 1860.
On motion of Mr. Gibbon ey,
Resolved, That the committee on finance enquire into the expe¬
diency of a tax on acts of incorporation and upon corporate privileges.
Mr. Woodson introduced joint resolutions in regard to the division
of the state of Virginia^ and moved that they be referred to a select
committee.
Mr. Garnett moved to lay the resolutions -on the table; and the
question being on agreeing thereto, was put, and decided in the nega¬
tive—ayes 17; noes 63.
On motion of Mr. Strayer, the vote was recorded as follows:
Ayes—Messrs. Atkinson, Booker, Bowles, A. J. Clark, Childress, English, Garnett,
Grattan, Hancock, Harris, Hardy, Kellam, Lewis, Patterson, Ragsdale, Robertson and
Seawell—17.
journal of the house of delegates.
97
Noes—Messrs. Baldwin (speaker), Baylor, Bekem, Braxton, Brown, Browning, Cabell,
Davison, Dav.dson, Deskins, Dickenson, Durinington, Ellis, Fields, Gibboney, Glendy, Gra¬
ham, Graves, Hansbrough, Harnsberger, Herndon, Holmes, Jackson, Jones, Joynes,
Kendrick, Kilby, Lee, Long, Mann, McDonald, Merritt, Miller, Moore, Morgan, Mosby,
Newberry, Owen, Parsons, Pate, Peed, Pendleton, Powell, Rixey, Scott, Smith. Stearns'
Strayer, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, Z. Turner, Waddell, Wat-
kins, White, Wilson, Woltz, Wood, Woodson, Wooldridge, Word and Wyatt—63.
Pending the motion to refer,
On motion of Mr. Joynes, the house adjourned until Monday,
twelve o'clock.
MONDAY, December 18, 1865.
Prayer hy Eev. Dr. Burrows of the Baptist church.
A communication from the senate, by their clerk, was read as fol¬
lows :
In senate, December 16, 1865.
The senate have agreed to the amendment proposed hy the house
of delegates to senate bill entitled :
An act to amend the charter of the Midlothian coal mining company,
and to extend the duration of the same, No. 6.
JN"o. 12, A bill entitled an act to incorporate the Catawba coal
and iron company, which had been returned from the senate, with an
amendment, was taken up; and the question being put on agreeing to
the amendment, it was decided in the affirmative.
Ordered, That the clerk inform the senate thereof.
Mr". Garnett, from the committee of propositions and grievances, re¬
ported the following senate bills, which were read a tfyird time and
passed :
No. 15, A bill entitled an act incorporating the Virginia porcelain
and earthenware company in the county of Augusta.
No. 16, A bill entitled an act to amend the 8th section of an act
entitled an act to1 amend and re-enact an act to incorporate the
southern express company, passed March 22d, 1861, and to incorpo¬
rate the national express and transportation company, passed Decem¬
ber 12 th, 1865.
Ordered, That the clerk inform the senate thereof.
Mr. Garnett, from the same committee, reported
No. 43, A bill to incorporate the Virginia land, trust and naviga¬
tion company, which was read a first, and (two-thirds concurring), a
second time, and ordered to be printed.
Mr. G-arnett, from the same committee, presented the following re¬
ports, which were agreed to :
The committee of propositions and grievances have, according to or¬
der, had under consideration a resolution to enquire into the expedi¬
ency of providing by law for the adequate compensation of those citi¬
zens of the state°who have rendered or may hereafter render service as
members of the courts established by the freedmen's bureau in the va¬
rious cities and counties of this commonwealth, and have come to the
following resolution:
13
98
JOURNAL OP THE HOUSE OF DELEGATES.
Resolved, That legislation on this subject is deemed inexpedient,
and that this committee ask to be discharged from further considera¬
tion of the subject.
The committee of propositions and grievances have, according to
order, had under consideration a resolution to enquire into the expe¬
diency of requiring insurance companies from other states to give se¬
curity within this state for the just and prompt payment of losses
upon risks they assure, and whether there be any efficient measures
which may be adopted to prevent agents of the same from taking
risks in this state, and avoiding all license and other taxes, and ask
to be discharged from the further consideration of the same, and that
the resolution be referred to the committee on finance.
Mr. Graham, from the committee of roads and internal navigation,
reported
No. 44, A bill releasing the state's interest in the Fredericksburg
and Gordonsville railroad on certain conditions; which was read a first,
and (two-thirds concurring), a second time, and ordered to be printed,
Mr. Grattan, from the committee on finance, reported
No. 45, A bill for the compensation of John H. Allen; which was
read a first, and (two-thirds concurring), a second time, and ordered
to be engrossed for a third reading. '
Mr. Baylor, from the committee on lunatic asylums, reported the
following senate bills, which were read a third time and passed:
No. 13, A senate bill establishing the name of the Western lunatic
asylum.
No. 14, A senate bill to repeal section 8, and to amend, and re-
enact section $ of chapter 85 of the Code of Virginia, so far as the
Western lunatic asylum is concerned, so as to give to the directors
power to dispense with the office of treasurer, and to direct the funds
of said asylum to be kept in one of the banks at Staunton, or some
other place of safe keeping.
Ordered, That the clerk inform the senate thereof.
Mr. Woodson, from the select committee on the United States land
tax, &c, reported a joint resolution in relation to the land tax and
other imposts- and taxes levied by the congress of the United States;
which was read a first, and (two-thirds concurring), a second time.
On motion of Mr. Woodson, the rule was suspended requiring the
joint resolution to be printed.
Mr. Z. Turner moved to amend the joint resolution by striking out
in the 1st line of the 4th resolution the words " be transmitted," and
after the word "that," in same line, inserting the words "the gov¬
ernor be requested to transmit."
The question being on agreeing to the amendment, was put, and
decided in the affirmative.
Mr. Bently moved to commit the bill to the committee on finance;
whereupon, Mr. Woodson demanded the previous question; which
was sustained by the house; and being put, was decided in the
affirmative.
The unfinished business of Saturday, being the joint resolution in
JOURNAL OF THE HOUSE OF DELEGATES.
99
regard to the division of the state of Virginia, introduced by Mr.
Woodson, was taken up; and the question being on the motion to
commit to a select committee, was put, and decided in the affirmative.
Mr. Robertson presented a joint resolution to restore our ancient
commonwealth; which was referred to the same committee.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to amend and re-enact the 2d and 3d sections of an
act passed March 27th, 1858, incorporating the Norfolk and St. Na-
zaire navigation company, No. 14, with amendments: in which amend¬
ments they respectfully requested the concurrence of the house of
delegates.
The hill was taken up; and the question being on agreeing to the
amendments of the senate, was put, and decided in the affirmative.
Ordered, That the clerk inform the senate thereof.
No. 1, A hill providing for staying the collection of debts for a
limited period, was taken up; and on motion of Mr. Watkins, the con¬
sideration of the same was postponed until to-morrow, and made the
order of the day at one o'clock, and from day to day, at the same hour,
until disposed of.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had agreed to the fol¬
lowing resolution:
Resolved, That, the house of delegates concurring, a committee of
conference, composed of five members on the part of the senate and
nine on the part of the house, he appointed to confer on the subject
of the public printing, the senate having refused to concur in the
vote of the house thereon: in which they respectfully requested the
concurrence of the house of delegates.
On motion, the resolution was taken up and agreed to.
The Speaker appointed the following gentlemen to represent the
house of delegates in said conference: Messrs. Waddell, Dunnington,
Word, Sea well, Jones, Watkins, Merritt, Browning and Dickenson.
Ordered, That the eleik inform the senate thereof.
Mr. Graves presented a bill to incorporate the St. James improve¬
ment company.; which was ordered to be referred to the committee on
agriculture and manufactures.
Mr. Graves also presented a hill to incorporate the insurance com¬
pany of America; which was referred to the committee of proposi¬
tions and grievances.
Mr. Hardy offered the following resolution, which, on motion of Mr.
Grattan, was referred to the committee for courts of justice :
Resolved, That in view of the extinction of slavery hi this state by
a provision of the constitution adopted by the convention that assem¬
bled at Alexandria on the 13th day of February 1864, and the repeal
of all the laws applying to that institution, a select joint committee of
three from the senate and five from this house be appointed, to con¬
sider the legislation necessary in regard to that portion of the popula¬
tion that has been emancipated by such provision.
100
journal of the house of delegates.
On motion of Mr. Hancock,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of incorporating the coal mining company of
the county of Chesterfied; and report by bill or otherwise.
On motion of Mr. Ellis,
Resolved, That the committee of propositions and grievances be in¬
structed to enquire into the expediency of chartering the Virginia and
North Carolina land emigration and colonization society; and report
at an early day by bill or otherwise.
On motion of Mr. White,
Resolved, That the committee on the penitentiary enquire into the
expediency of making the pay of the interior guard of the penitentiary
equal to that of the exterior guard.
On motion of Mr. Smith,
Resolved, That the joint committee on oysters be instructed to en¬
quire into the expediency of amending the 22nd, 23rd and 24th sec¬
tions of chapter 101 of the Code of 1860, so as to prevent more effectu¬
ally the taking and planting of oysters in the waters of this common¬
wealth by nonresidents.
On motion of Mr. Grattan,
Resolved, That the committee for courts of justice enquire into the
expediency of providing by law for the scaling of debts contracted with
reference to the currency of the state during the late war, and to the
scaling of legacies during'the same period, where the estate of the tes¬
tator has been materially diminished by the emancipation of his slaves.
On motion of Mr. Wall,
Resolved, That the committee of roads and internal navigation he
instructed to enquire into the expediency of reporting a bill authoriz¬
ing the Winchester and Potomac railroad company to extend their
road to some point at or near Strasburg, to connect with the Manas¬
sas road.
On motion of Mr. Morgan,
Resolved, That the committee for courts of justice enquire into the
expediency of fixing some standard , or establishing some principle lor
the settlement of individual debt and claims made and arising during
the war ; and that they report by bill or otherwise.
On motion of Mr. Clark of Campbell, leave of absence was granted
to Mr. Clark of Pittsylvania until the 21st instant.
On motion of Mr. Grattan, the house adjourned until to-morrow,
twelve o'clock.
TUESDAY, December 19, 1865.
Prayer by Rev. Mr. Taylor.
The Speaker announced the appointment of the select committee
on the reunion of the state, as follows: Messrs. Woodson, Robertson,
Ellis, Garnett, Patterson, A. J. Clark, Pendleton, Wall and KeUam,
JOURNAL OF THE HOUSE OF DELEGATES.
101
Mr. Joynes, from the committee for courts of justice, presented the
following reports, which were severally agreed to:
The committee for courts of justice have, according to order, had
under consideration a resolution imposing penalties upon justices of
the peace for failure to attend the terms of the county courts to which
they have been assigned, and beg leave to report that they deem it
inexpedient to legislate on the subject, and respectfully ask that this
committee be relieved from the further consideration of the same.
The committee for courts of justice have, according to order, had
under consideration a resolution offered by Mr. Turner, enquiring into
the expediency of so amending the law as to impose additional penal¬
ties for trespass, and respectfully ask that the subject be referred to
the committee on agriculture and manufactures, and that this com¬
mittee be relieved from further consideration thereof. ,
Mr. Joynes, from the same committee, reported the following bill,
which was read a first, and (two-thirds concurring), a second time:
No. 46, A bill for the relief of John Stephenson of Frederick .county.
Mr. Joynes, from the same committee, reported the following bills,
which were read a first, and (two-thirds concurring), a second time,
and ordered to be printed: \
No. 47, A bill in relation to circuit courts for corporations..
No. 48, A bill to provide for an election of mayor, council and ser¬
geant of the town of Harrisonburg, in the county of Rockingham,
and of the towns of Abingdon and Goodson, in the county of Wash-
ington.
No. 49, A bill prohibiting further entry of waste and unappro¬
priated lands, or any grant of such.
Mr. Joynes, from the same committee, reported
No. 50, A bill staying the collection of debts for a limited period;
which was read a first, and (two-thirds concurring), a second time.
On motion of Mr. Grattan, the rule was suspended requiring the
bill to be printed.
Mr. Jones moved to ajnend the bill by adding at the end of section
1 the words "unless by consent of parties;" and the question being
on agreeing thereto, was put, and decided in the affirmative.
Mr. Z. Turner moved to amend by inserting after the words "pro¬
ceeded with," in section 1, the words "and that no judgment, decree
or order for the payment of money, rendered or made during the pe¬
riod this act shall remain in force, shall operate as a lien upon any
estate held or owned, or any interest in such estate by the person or
persons against whom such judgment, decree or order may be rendered
or made;" and the question being on agreeing thereto, was put, and
decided in the affirmative.
Mr. Ellis moved to amend by adding to section 1 the following
proviso: "provided, that no part of thi^act shall apply to the cities
of Norfolk and Portsmouth, nor the counties of Accomac, North¬
ampton, Norfolk and Princess Anne; but the act entitled an act stay¬
ing the collection of debts, passed January 23d, 1864, and the amend¬
ment thereof, passed June 23d, 1865, shall remain in force, so far as
102
JOURNAL OF THE HOUSE OF DELEGATES.
the said eities and counties are concerned, with the exception that
sales of property may take place under the judgments and decrees of
courts in cases where the collection of dehts is not the object of such
sales; and the question being on agreeing thereto, was put, and de¬
cided in the affirmative.
The question recurring on ordering the bill to be engrossed for a
third reading, was put, and decided in the affirmative.
Mr. Graham, from the committee of roads and internal navigation,
reported
No. 51J A bill to incorporate the Norfolk city railroad; which was
read a first, and (two-thirds concurring), a second time, and ordered
to be engrossed for a third reading.
Mr. Daniel, from the committee on the militia laws, reported
A joint resolution for the purchase of muskets and ammunition for
use of the public guard at the penitentiary; which was read a first,
and (two-thirds concurring), a second time.
On motion of Mr. Daniel, the rule was suspended requiring the
joint resolution to be printed, and it was ordered to be engrossed for
a third reading.
Mr. Grattan, from the committee on finance, reported
A joint resolution in relation to the land tax and other imposts and
taxes levied by the congress of the United States, with an amend¬
ment, in the nature of a substitute.
On motion, the joint resolution and amendment were ordered to be
printed.
Mr. Bently, from the committee on banks, reported
No. 53, A bill restraining the banks of this commonwealth from
malting any disposition of their assets until otherwise provided by
law, and for other purposes; which was read a first, and (two-thirds
concurring), a second time, and ordered to be printed.
Mr. Lee, from the same committee, presented a minority report as
an amendment; which was ordered to be printed.
Mr. Bowles, from the committee on agriculture and manufactures,
reported
A bill to incorporate the St. James improvement company, No. 52;
which was read a first, and (two-thirds concurring), a second time,
and ordered to be engrossed and read a third time.
Mr. J. McDowell Taylor, from the joint committee to examine the
office of the auditor of public accounts, presented the following re¬
port, which was laid on the table:
The committee appointed to examine the office of the auditor of
public accounts, have performed that duty, and beg leave to submit
the following report:
The committee have carefully examined the books and papers of
the office, and find the receipts and disbursements sustained by pro¬
per vouchers; that the books are neatly and accurately kept, and the
papers well arranged.
Mr. Grattan introduced
A bill to incorporate the Richmond home insurance company in the
JOURNAL OF THE HOUSE OF DELEGATES.
103
city of Richmond; which was referred to the committee of proposi¬
tions and grievances.
No. 45, An engrossed hill for the compensation of John H. Allen,
was taken up; and the question being upon its passage, was decided
in the affirmative—ayes 77; noes, 9.
Ayes—Messrs.. Baldwin (speaker), Atkinson, Baylor. Bekem, Bentiy. Bowles, Erown,
Browning. Cabell, A. J. Clark, Childress, Daniel Davis, Davison. Davidson. Deskius, Dun-
ningron, Ellis, English, Fields, Gibboney, Glendy, Graham, GraUan Graves Gray,' Han¬
cock, Harris, Hansbrough^Hardy, Harnsberger. Herndon, Jackson, Jones. Kellatn' Keu-
drick, Kilby Lewis, Long, Mann, Marshall. McDonald. Magill, Merriit, Miller, Moore,
Morgan. Morris Newberry. Owen Parsons. Peed, Pendleton. Powell, Purdy. Eagsdale,
Biggs Erixey, Bobenson, Scott. Seawell, Smiih, Strayer, Teeier, Townes. Trout, Z. Tur¬
ner, Waddell, Wall, Watkins, White, Wilson, Woltz, Wood, Woodson, Wooldridge and
Wyatt—77.
Noes—Messrs. Booker, Joynes, Mosby, Pate, Stearns, J. McDowell Taylor, W. F. B.
Taylor. W. A. Turner and Word—9.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
The hour of one o'clock having arrived, the house proceeded to the
consideration of the order of the day, which is
A hill providing for staying the collection of debts for a limited
period, No. 31.
On motion of Mr. Garnett, the consideration of the order of the
day was postponed in order to consider
No. 50, A bill staying the collection of debts for a limited period;
which (having been engrossed, and two-thirds concurring) was read a
third time and passed.
Ordered, That Mr. Garnett inform the senate thereof, and request
their concurrence.
On motion of Mr. Watkins, the order of the day was further post¬
poned until to-morrow at one o'clock.
On motion of Mr. Turner of Rappahannock,
Resolved, That the committee on finance be instructed to enquire
into the expediency of reporting a bill for the relief of William A.
Lellard, jailor, and J. A. Compton, constable of Rappahannock
county.
On motion of Mr. Wood, .
Resolved, That the committee on finance enquire into the expedi¬
ency of paying to Allen Baeon, jailor of Albemarle county, a sum of
money allowed him for services, and certified by the county court of
said county.
On motion of Mr. A. J. Clark,
Resolved, That the committee of roads and internal navigation he
instructed to enquire into the expediency of re-enacting an act passed
March 29th, 1861, incorporating the Virginia canal company, and to
transfer the rights and franchises of the James river and Kanawha
company thereto.
On motion of Mr. Ellis,
Whereas there are a large number of unfortunate people in the
commonwealth of Virginia, composed for the most part of those who
were lately merchants, mechanics, artisans and professional men, who,
104 JOURNAL OF THE HOUSE OP DELEGATES.
1. •
before, during and since the late war, have, in a spirit of generosity
and liberality, disposed of their goods, wares and merchandise, their
labor and their money on credit to a parcel of individuals, who have
become excessively poor and miserable in consequence ot being the
proprietors of immense tracts of land, and are therefore utterly una¬
ble, in all coming time, as some people think, to pay any part of their
just liabilities: and whereas the first mentioned class of persons, in
consequence of the credit system, as above illustrated, have no pro¬
perty except the debts due them as aforesaid, and are therefore in
danger of remote if not immediate starvation: Therefore,
Resolved, That the committee of propositions and grievances be
instructed to take into consideration the forlorn condition of the class
of persons first hereinbefore mentioned, and enquire what legislation,
if any, is necessary to avert the untold miseries that threaten them;
and report by bill or otherwise.
A joint resolution for the purchase of muskets and ammunition for
the use of the public guard at the penitentiary, having been engrossed
(two-thirds concurring), was read a third time; and the question
being—Shall the joint resolution pass? was decided in the affirma¬
tive—ayes 91.
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Braxton, Brown, Browning, Cabell, A. J. Clark, Childress, Daniel, Davis."Davison, Davidson,
Deskins, Dickenson, Dunnington, Ellis, English, Fields. Garnett, Gibboney, Glendy, Gra¬
ham, Grattan, Graves, Gray, Hancock, Harris, Hansbrough, Hardy, Herndon, Jackson,
Jones, Joynes, Kellam, Kendrick, Kilby, Lee, Lewis, Long, Mann, Marshall, McDonald,
Magill, Merritt, Miller, Moore, Morgan, Morris, Mosby, Newberry, Owen, Parsons, Pate,
Patterson, Peed, Pendleton, Powell, Purdy, Ragsdale, Riggs, Rixey, Robertson, Scott,
Seawell,. Smith, Stearns, Straughan, Strayer, J. McDowell Taylor, W.F. B. Taylor, Teeter,
Thompson, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins, White, Wil¬
son, Woltz, Wood, Woodson, Wooldridge and Wyatt—91.
Ordered, That Mr. Daniel inform the senate thereof, and request
their concurrence.
On motion of Mr. Jones,
Resolved, That the committee for courts of justice be instructed to
enquire what legislation, if any, is necessary for the relief of those
persons to whom advancements of slave property have been made by
a parent, and who, by the directions of a will or otherwise, are now
liable to account for such slaves, or their value, to unadvanced chil¬
dren in the division of such parent's estate.
On motion of Mr. Rixey,
Resolved, That the committee for courts of justice enquire into the
expediency of increasing the fees of constables, jailors and clerks of
the county and circuit courts of this commonwealth.
On motion of Mr. Mosby, \
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of requiring all companies asking for .char¬
ters of incorporation to pay a bonus for said charters.
On motion of Mr. Newberry,
Resolved, That the committee for courts of justice enquire into the
expediency of taking the county of Bland from the 16th judicial cir¬
cuit, and making it a part of the 14th judicial circuit.
JOURNAL OF THE HOUSE OF DELEGATES. 105
On motion of Mr. Bekem,
Resolved, That the committee of roads and internal navigation
enquire into the expediency of authorizing the county court of Wash¬
ington county to have and exercise the power and authority to estab¬
lished control the ferries in that county without the preliminary of
having the justices previously summoned for that purpose.
On motion of Mr. Ragsdale,
Resolved, That the committee on finance enquire into the expedi¬
ency of exempting stills from taxation, when they are used exclusively
for distilling fruit; and report by bill or otherwise.
Mr. Ellis presented a bill amending, re-enacting and repealing cer¬
tain sections of the Code of Virginia in relation to pilots; which was
referred to the committee for courts of justice.
On motion of Mr. Joynes, leave of absence was granted to Mr. Peed
for two days.
On motions severally made, leave of absence was granted to the
following gentlemen for one day: Messrs. Garnett, Braxton, Kellam,
Strayer, Morris, Long and Parsons.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the sen'ate had passed house bill entitled
an act staying the collection of debts for a limited period, No. 50.
On motion of Mr. Herndon,
Resolved, That the committee, on the library enquire into the ex¬
pediency of furnishing each member of the house with a copy of the
Code of Virginia.
On motion of Mr. Harnsberger,
Resolved, That the select committee on oysters enquire into the
expediency of protecting, assessing and taxing the fisheries and fish¬
ing shores of this commonwealth; and report by bill or otherwise.
On motion of Mr. Grattan, the house adjourned until to-morro"w,
twelve o'clock.
WEDNESDAY, DECEMBER 20, 1865.
Prayer by.Rev. G, B. Taylor.
A communication from the senate, by their clerk, was read as
follows:
In. senate, December 19, 1865.
The senate have passed a bill entitled:
An act authorizing the collection of public arms, No. 24.
In which they respectfully request the concurrence of the house of
delegates.
No. 24, A senate bill entitled an act authorizing the collection-of
public arms, was taken up, read a first and second times, and refened
to the committee on the militia laws. ,
Mr Joynes from the committee for courts of justice, to whom had
14
106
JOURNAL OF THE HOUSE OF DELEGATES.
been referred the resolution of the house adopted on the 13th instant,
in relation to the report made to the governor by J. M. Bennett, late
auditor of public accounts, with instructions to make certain enquiries
in reference to the subject matter of a portion of said report, presented
a report thereon; which, on motion of Mr. Lee, was laid upon the table
and ordered to be printed.
Mr. G-arnett, from the committee of propositions and grievances,
reported
No. 54, A bill to incorporate the insurance company of America;
which was read a first, and (two-thirds concurring), a second time.
Mr. G-arnett moved to amend the bill by striking out, in the sixth
line from the bottom, the words "is hereby made perpetual;" and
the question being on agreeing thereto, was put, and decided in the
affirmative.
On motion of Mr. Clark of Campbell, the bill was laid upon the
table and ordered to be printed.
Mr. Garnett, from the same committee, reported the following bills,
which were read a first, and (two-thirds concurring), a second time,
and ordered to be engrossed for a third reading:
No. 55, A bill to authorize the county court of Washington county
to borrow a sum of money. •
No. 56, A bill to authorize the county court of Washington county
to sell the stock owned by said county in the Virginia and Tennessee
railroad company.
No. 57, A bill to incorporate the Chesterfield gas coal mining
company.
Mr. G-arnett, from the same committee, reported
No. 58, A bill to incorporate the Richmond home insurance com¬
pany; which was read a first, and (two-thirds concurring), a second
time, and on motion of Mr. Clark of Campbell, laid upon the table
and ordered to be printed.
Mr. Graham, from the committee of roads and internal navigation,
reported ' 1
No. 59, A bill to authorize the York river railroad to borrow
money; which was read a first, and (two-thirds concurring), a second
time, and ordered to be engrossed for a third reading.
The bill having been forthwith engrossed, on motion, of Mr. Lee,
(two-thirds concurring), it was read a third time; and the question
recurring, and being put—Shall the bill pass ? was decided in the
affirmative—ayes 84; no 1.
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Braxton,
Brown, Browning, Cabell, Daniel, Davis, Davison, Davidson, Deskins, Dunnington, Eng¬
lish, Gibboney, Glendy, Graham, Grattan, Graves, Gray, Hancock, Harris, Hansbrough,
Hardy, Harnsberger, Herndon, Hurst, Jackson, Jones, Joynes, Kellarn, Kendrick Kilby,
Lee, Lewis, Long, Mann, Marshall, Martin, McDonald, Magill, Merritt, Miller 'Moore'
Morgan, Mosby, Newberry, Owen, Patterson, Pendleton, Powell, Purdy, Rao-sdale Ri™sj
Rixey, Robertson, Scott, Seawell, Smith, Stearns, Straughan, Strayer "j McDowell
Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner Z Turner,
Waddell, Wall, Watkins, White, Wilson, Woltz, Wood, Woodson, Wooldrid°-e Word and
Yfyatt—8-1. 63 '
No—Mr. A. J. Clark—1.
JOURNAL OF THE HOUSE OF DELEGATES.
107
Ordered, _ That Mr. Lee commurficate the same to. the senate, and
request their concurrence.
Mr. Watkins, from the committee on the library, reported
No. 60, A hill separating the offices of the secretary of the com¬
monwealth and librarian, and prescribing the duties of those officers;
which was read a first, and (two-thirds concurring), a second time,
and ordered to be printed.
Mr. Joynes, from the same committee, presented a report on the
same subject; which, on motion, was laid upon the table.
The following engrossed bills were read a third time and passed:
No. 46, A bill for the relief of John Stephenson of Frederick
county.
No. 51, A bill to incorporate the Norfolk city railroad company.
No. 52, A bill to incorporate the St. James improvement company.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
Mr. Baylor, from the joint select committee on the pardon of Jef¬
ferson Davis and other political prisoners, and the restoration of the
writ of habeas corpus, reported a preamble and joint resolution;
which was read as follows:
The joint committee, to whom was referred the joint resolution in
reference to the pardon of Jefferson Davis and all political prisoners,
and the restoration of the writ of habeas corpus, have had the same
under consideration, and beg leave to submit the following preamble
and resolutions as the result of their labors:
Whereas it is desirable that the union of these states should be
speedily consummated, and as a peace now prevails within our entire
limits and with all foreign powers, it should be the first great object
of the American people to restore good will and public confidence in
the full restoration of the states and federal government to a recog¬
nized constitutional basis of reciprocal dependence under legal guaran¬
tees; and believing, as we do, that the only legitimate object of war
is peace: and whereas the recent civil war, so unfortunate in its con¬
ception, and so disastrous in its results, was the consequence of our
evil passions and sectional strife, yet we rejoice that the constitution
of our fathers still remains intact, and is now our sure security
against renewed sectional strifes and passions; and believing that a
union upon any other basis than the constitution would be productive
of like consequences and events with them through which we have
just passed; and as Virginia now recognizes in good faith all her con¬
stitutional obligations, and submits to all the results of the late con¬
flict; and believing, as she does, that the surest guarantee of public
quiet and national stability is mutual confidence between the people,
states and federal government, and that the most reliable guarantee
of future harmony will be the generous forbearance of the conquering
party to those states and individuals lately in opposition to them.
Therefore
Be it resolved by the general assembly ^ of Virginia, That as a
means of restoring public confidence and reinstating a proper feeling
108
journal of the house of delegates.
of amity between the several states and the people thereof, we most
respectfully recommend to His Excellency Andrew Johnson, President
of the United States, to release from confinement Jefferson Davis,
and to restore to him his civil rights, as a distinguished testimonial to
the world of the magnanimity, forbearance and sagacious wisdom of
a great republic, based on the enlightened freedom of independent
states, and cemented by the compact of its illustrious founders.
That we further recommend the release of all political prisoners,
the restoration of the writ of habeas corpus, not only as a solid gua¬
rantee of restored peace, but as permitting the states to stand reunited,
looking to the constitution created by our fathers for their protection
and safety, with the renewed assurance that Virginia will enter, with
mutual confidence and reciprocal good faith with her sister states,
upon her duties under the constitution, enacted and sustained by the
spirit and teachings of her illustrious son, George Washington.
All of which is respectfully submitted.
D. F. Dulany,
J. H. Gilmer,
A. S. Gray,
B. H. Power,
Senate Committee.
George Baylor,
John Trout,
Thomas D. Childress,
Lewis T. Mann,
D. W. K. Bowles,
John C. Langhorne,
House Committee.
A message was received from the senate by Mr. Dulany, who in¬
formed the house that the senate had agreed to the preamble and
resolutions reported from the joint committee on the subject of the
pardon of Jefferson Davis and other political prisoners, and the resto¬
ration of the writ of habeas corpus.
The hour of one o'clock having arrived, the order of the day being
a bill providing for staying the collection of debts for a limited period
(No. 31), was taken up, and on motion of Mr. Jones, postponed, for
the purpose of taking up the preamble and resolutions in relation to
the pardon of Jefierson Davis and other political prisoners, and the
restoration of the writ .of habeas corpus, which had been received
from the senate.
The preamble and resolutions were read a first and second times;
and the question being,on committing the same, was put, and decided
in the negative.
The preamble and resolutions were then read a third time; and the
question recurring—Shall the preamble and resolutions pass? was
put, and decided in the affirmative.
Ordered, That the clerk inform the senate thereof.
The order of the day, being a bill providing for staying the collec-
JOURNAL OF THE HOUSE OF DELEGATES.
109
lion of debts for a limited period (No. 31), was again taken up; and
on motion of Mr. Lee, the further consideration of the same was post¬
poned until the 6th day of January next, at one o'clock P. M.
A message was received from the senate by Mr. Trout, who informed
the house of delegates that the senate had passed a joint resolution
requesting the governor to represent to the postmaster general of the
"United States the present condition of the mails in this state, and to
urge him to give relief in the matter.
On motion, the joint resolution of the senate was taken up, read a
first and second times; and the question recurring on committing the
same, was put, and decided in the negative; and it was then read a
third time and passed.
Ordered, That the clerk inform the senate thereof.
Mr. Grattan presented a petition of the James river and Kanawha
company, asking that the act of the 29th March 1861, be revived,
and the time for the contract mentioned therein be extended; which
was ordered to be printed, and referred to the committee of roads and
internal navigation.
The Speaker laid before the house a communication from the audi¬
tor of public accounts in response to a resolution of the house adopted
on the 15th instant, in relation to the amount of fines collected and
paid into the treasury by single justices of the peace in the county of
Alexandria; which was laid on the table.
Mr. Atkinson, from the joint select committee appointed to confer
with the agent of the freedmen's bureau, submitted a report; which
was laid on the table.
A message was received from the senate by Mr. Trout, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act for the compensation of John H. Allen, No. 45.
A message was received from the senate by Mr. Power, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act authorizing the overseers of the poor of the county of New
Kent to sell wood on the poor house land for other purposes than the
maintenance of the poor, No. 23; in which they respectfully requested
the concurrence of the house of delegates.
A message was received from the senate, which informed the house
of delegates that the senate had passed a bill entitled an act to au¬
thorize John M. Fauntlerov to establish a ferry across the Mattaponi
river, No. 24; in which they respectfully requested the concurrence of
the house of delegates.
The bill was taken up, read a first and second times, and referred
to the committee of roads and internal navigation.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to authorize the governor of the commonwealth to purchase
arms, accoutrements and ammunition for the use of the public guard
at the penitentiary, No. 25; in which they respectfully requested the
concurrence of the house ot delegates.
The bill was taken up, read a first and second times; and the ques-
110
JOURNAL OF THE HOUSE OF DELEGATES.
tion being on the commitment of the bill, was put, and decided in
the negative.
The bill was then read a third time; and the question on the pas¬
sage of the bill was put, and decided in the affirmative—ayes 90.
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brax¬
ton, Brown, Browning, Cabell, A. J. Clark, Childress, Daniel, Davis, Davison, Davidson,
Desltins, Dickenson, Dunnington, English, Garnett, G.bhoney, Glendy, Graham, Grattan,
Graves, Gray, Hancock, Harris, Hansbrough, Hardy, Harnsberger, Herndon, Hurst, Jack¬
son, Jones, Jovnes, Kellam, Kendrjck, Kilby, Langhorne, Lee, Lewis, Long, Mann, Mar¬
shall, Martin, McDonald, Magill, Merritt, Miller, Moore, Morgan, Mosbv, Newberry,
Owen, Pate, Patterson, Pendleton, Powell, Purdy, Ragsdale, Riggs, Rixey, Robertson,
Scott, Seawell, Smith, Stearns, Straughan, Strayer, J. McDowell Taylor, W. P. B. Taylor,
Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins,
White, Wilson, Woltz, Wood, Woodson, Wooldridge, Word and Wyatt—90.
Ordered, That the clerk inform the senate thereof.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed a bill entitled an
act to amend the second section of the act passed December 19th,
1865, staying the collection of debts for a limited period, No. 26.
The bill was taken up, read a first and second times; and the ques¬
tion being on the commitment of the bill, was put, and decided in
the negative.
The bill was then read a third time and passed.
Ordered, That the clerk inform the senate thereof.
On motion of Mr. Straughan,
Resolved, That the committee for courts of justice be instructed to
report a bill amending the act entitled an act staying the collection of
debts for a limited period, passed December 19th, 1865.
Mr. Joynes, from the committee for courts of justice, reported
No. 61, A bill amending an act staying the collection of debts for
a limited period; which was read#a first, and (two-thirds concurring),
a second time.
Mr. J oynes moved to amend the bill by inserting after the word
"parties''' the following: "provided, that nothing in this act shall ap¬
ply to any debt created or liability incurred since the 2d day of April
1865, or to prevent proceedings by attachment against non-resident or
absconding debtors;" and the question being on agreeing thereto, was
put, and decided in the affirmative.
The question being on ordering the bill to be engrossed and read a
third time, was put, and decided in the affirmative.
No. 23, A senate bill entitled an act authorizing the overseers of
the poor of the county of New Kent to sell wood on the poor house
land for other purposes than the maintenance of the poor, was taken
up, read a first and second times; and the question being on the com¬
mitment of the bill, was put, and decided in the negative.
The bill was then read a third time and passed.
Ordered, That the clerk inform the senate thereof.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to authorize the York river railroad company to bor¬
row money, No. 59.
JOURNAL OF THE HOUSE OF DELEGATES.
Ill
Mr. Baylor moved that a joint resolution of the senate, heretofore
laid on the table, providing for the appointment of a joint committee
to visit the Eastern and Western lunatic asylums and the institution
for education of the deaf and dumb and the blind, he taken up; and
the question being on agreeing thereto, was put, and decided in the
negative.
No. 57, A hill to incorporate the Chesterfield gas coal mining com¬
pany, having been engrossed, was taken up, and (two-thirds concur¬
ring), read a third time and passed.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
Mr. Graham presented a memorial of Gen. R. E. Lee, president of
Washington college, asking for an appropriation for the establishment
of additional professorships in said college; which was referred to the
committee of schools and colleges.
On motions severally made, leave of absence was granted to Messrs.
Straughan and Deskins for to-morrow.
Mr. Z. Turner, under a suspension of the rules, moved to reconsider
the vote by which senate hill entitled an act authorizing the collection
of public arms (No. 24), was referred to the committee on the militia
laws;-and the question being 011 agreeing thereto, was put, and de¬
cided in the affirmative; the question recurring on its commitment,
was put, and decided in the negative.
The hill was then read a third time and passed.
Ordered, That the clerk inform the senate thereof.
Mr. J ones introduced
A hill to legalize the ferry belonging to the estate of Benjamin
Fleet deceased, at Dunkirk, and to establish the rates of ferriage
thereat; which was referred to the committee of roads and internal
navigation.
Mr. Ellis introduced
A bill to incorporate the citizens gas light company of the city of
Norfolk; which was referred to the committee on agriculture and
manufactures.
On motion of Mr. Browning,
No. 44, A bill releasing the state's interest in the Fredericksburg
and Gordonsville railroad on certain conditions, was taken up, and
ordered to be engrossed for a third reading.
On motion of Mr. Baldwin,
Resolved, That the committee for courts of justice enquire into the
expediency of providing by law:
1. For collecting and preserving, at the courthouse of each county
and corporation, a complete series of the statutes of Virginia.
2. For publishing the Acts hereafter in a uniform style, and in
suitable volumes, after the manner adopted by the United States
stO/tutcs
3. For causing to be made and published a thorough index to July
1, 1865.
On motion of Mr. Joynes,
Resolved, That the governor be requested to communicate to the
112
journal of the house of delegates.
president of the United States the joint resolutions adopted this day
in relation to the pardon of Jefferson Davis and other political pri¬
soners and the restoration of the writ of habeas corpus.
On motion of Mr. Baldwin,
Resolved, That the committee for courts of justice enquire into the
expediency of amending sections 25 and 26 of chapter 130 of the Code
of 1860, so as to provide:
1. For requiring all claims against dead men's estates to he filed
with the clerk of the court in which the personal representative quali¬
fies, and to he entered in proper hooks to he kept for the purpose.
2. That all claims so filed within one year after the qualification of
thd personal representative, shall constitute a first class of debts, with
priorities among them, as now provided by law.
3. That all claims filed in the second year shall constitute a second
class of debts, with like priorities.
4. ThtU all claims not filed shall he disregarded by the personal
representative, and that all not filed within two years shall be abso¬
lutely barred.
On motion of Mr. Kilby,
Resolved, That the committee on finance enquire into the propriety
of assessing a tax on all passengers travelling through the state of
Virginia from other states on railroads and steamboats, and requiring
the companies of said railroads and steamboats to collect the same.
On motion of Mr. Pendleton, the house adjourned until to-morrow,
twelve o'clock.
THURSDAY, December 21; 1865.
Prayer by Rev. Dr. Burrows of the Baptist church.
A communication from the senate, by their clerk, was read as fol¬
lows:
4 ' In senate, December 20, 1865.
Tlie senate have passed house bills entitled:
An act to authorize the county court of Smyth county to borrow a
sum of money, No. 19.
An act authorizing the county court of Lee county to authorize
William R. Graham of said county to construct a dam across Powell's
river, No. 21.
, And they have passed, with an amendment, house bill entitled:
An act to amend the charter of the fire insurance company of Alex¬
andria, No. 32.
They have passed a bill entitled:
An act relating to the Manchester cotton and wool manufacturing
company, and extending the duration of the charter of the same,
No. 21.
In which amendment and bill they respectfully request the concur¬
rence of the house of delegates.
JOURNAL OF THE HOUSE OF DELEGATES.
113
No. 32, A house hill entitled an act to amend the charter of the
fire insurance company of Alexandria, which had been returned from
the senate with an amendment, was taken up.
The amendment was read as follows:
In 2d line, 2d section, strike out the words "be managed by," and
insert in lieu thereof the words "consist of."
The question being on agreeing to the amendment, was put, and
decided in the affirmative.
Ordered, That the clerk inform the senate thereof.
No. 21, A senate bill relating to the Manchester cotton and wool
manufacturing company, and extending the duration of the charter of
the same, was taken up, and read a first and second time's; and the
question being on the commitment of the bill, was put, and decided
in the negative.
The bill was then read a third time and passed.
Ordered, That the clerk inform the senate thereof.
Mr. Grattan, from the committee on finance, reported the following
bills, which were read a first, and (two-thirds concurring) a second
time, and ordered to be printed:
No. 62, A bill to authorize the conversion of registered bonds into
coupon bonds.
No. 63, A bill to amend and re-enact the 4th section of chapter
141 of the Code.
No. 64, A bill to amend and re-enact the 19th section of chapter
"14 of the Code.
No. 61, An engrossed bill amending an act staying the collection
of debts for a limited period, passed December 19th, 1865, was taken
up, read a third time and passed.
Ordered, That Mr. Hurst communicate the same to the senate, and
request their concurrence.
No. 44, An engrossed bill releasing the state's interest in the Fred¬
ericksburg and Gordonsville railroad on certain conditions, was
taken up.
.Mr. Pendleton, under a suspension of the rules, moved to recon¬
sider the vote by which said bill was ordered to be engrossed; and
the question being on agreeing thereto, was put, and decided in the
affirmative.
. The question recurring on ordering the bill to be engrossed for a
third reading, on motion of Mr. Pendleton, it was laid upon the table.
A message was received from the senate by Mr. Gray, who informed
the house that the senate had passed house bill entitled an act to in¬
corporate the Chesterfield gas coal mining company.
The following engrossed bills were taken up, read a third time and
passed:
No. 55, An engrossed bill to authorize the county court of Wash¬
ington county to borrow a sum of money.
No. 56, An engrossed bill to authorize the county court of Wash¬
ington county to sell the stock owned by said county in the Virginia
and Tennessee railroad company.
15
114
JOURNAL OF THE HOUSE OF UEUEGA.TES.
Mr. Ellis introduced
A^bill amending and re-enacting section 5 of chapter 157 of the
Code of Virginia, in relation to the jurisdiction of the^ corporation
court of the city of Norfolk, and creating the office of judgeof the
said court; which was referred to the committee for courts of justice.
Mr. Ellis also introduced
A bill to incorporate the Atlantic dock and iron company; which
was referred to the committee on trade and mechanic arts.
Mr. Lee introduced
A bill to amend the charter of the Virginia fire and marine insu¬
rance company, and moved that it be committed to a select com¬
mittee; and the question being put on agreeing thereto, was decided
in the affirmative.
The chair announced the appointment of the committee as follows:
Messrs. Stearns, Grattan, Patterson, Baylor and Dunnington.
Mr. Grattan, from the same committee, reported
No. 55, A bill to amend the charter of the Virginia fire and marine
insurance company; which was read a first, and (two-thirds concur¬
ring), a second time, and ordered to be engrossed for a third reading.
Mr. Hansbrough offered the following resolution:
Kesolved, That the committee on the union of Eastern and West¬
ern Virginia be requested to examine into the propriety of adopting
the following appeal: Sometimes, in the course of human events,
trivial circumstances separate good friends; and, as in the case of
Abraham and Lot, one -goes to the right hand and one departs to the
left; but when passion subsides and reason is enthroned, the remem¬
brance of ancient friendship prompts the kindly feelings of our na¬
ture to reconciliation and mutual esteem. It -grieves us that there
has been a separation between us and our northern brethren. Bound
together by ties of common blood, a common language, and the iron
hooks of interest, what shall separate us? And bound together by
national limits, who shall separate what God has joined together?
Shall poverty—shall tribulation—shall the sword tear us asunder
from our brethren: and how shall we divide the glory of our Old Do¬
minion? You are too brave and generous to require us, in bondsman's
key, to say^ "Pray, master, forgive us;" and we ask no submission,
no humiliation from you, but with outstretched arms, we invite you
to our affectionate and tender embrace. And behold how good and
pleasant it is for brethren to dwell together in unity. It is like the
precious ointment upon the head, that ran down to the beard—even
Aaron's beard; as the dew of Hermon, as the dew that descended upon
the mountain of Zion, for there the Lord commanded the blessing-
even life for evermore.
On motion of Mr. Gibbonev, the resolution was referred to the se¬
lect committee on the subject of the division of the state.
On motion of Mr. Ellis,
Kesolved, That until the questions of the re-union of this state
and the state of West Virginia shall have been finally decided by the
vote of' their respective people, or by some other acknowledged legal
JOURNAL OF THE HOUSE OF DELEGATES'.
115
method, or until some definite arrangement can he .entered into be¬
tween the two states as to the settlement of their joint liabilities, in
accordance with the act of the general assembly giving the consent of
this state to the creation of the state of West Virginia, it is not
advisable for the legislature of this state to make any provision for
the payment of the public debt, or any portion thereof, nor for the
funding of the interest thereon.
On motion of Mr. Booker,
Resolved, That the register of the land office be and is hereby re¬
quired to furnish this house, at as early a day as practicable, a tabular
statement containing the number and location of all warrants and
patents for waste and unappropriated lands in this commonwealth,
issued from said office, between the 17th April 1861 and the 2d
April 1865.
On motion of Mr. Robertson,
Resolved, That the committee on finance enquire into the expe¬
diency of funding the interest debt of the state; and report by bill
or otherwise.
On motion of Mr. Watkins,
Resolved, That the committee on lunatic asylums have leave to
visit the Eeastern and Western lunatic asylums during the session of
the house, with the power to send for such persons and papers as may
be deemed necessary by the committee, for a thorough and full inves¬
tigation into the manner in which those institutions have been man¬
aged; and with authority to perform this duty, if the committee >
think best, by a subcommittee from their number; and that they
report by bill or otherwise.
On motion of Mr. Powell,
Resolved, That on the 5th day of January next this house will
take into consideration the expediency of appointing a state geologist.
On motion of Mr. Martin,
Resolved, That the committee for courts of justice be required to
consider whether it would not be conducive to the best interests of
this state, that in the case of husband or parent, who may be the
owner of real estate, such real estate to the amount of fifteen hun¬
dred dollars shall be exempt from distress or levy, in consequence of
any judgments which may hereafter be rendered.
On motion of Mr. Robertson,
Resolved, That the committee on finance enquire into the expedi¬
ency of requiring all incorporated companies of this state, or of other
states or countries operating in this state, to pay into the treasury a
security deposit; and to enquire further whether they shall not be
required to pay a bonus for incorporations or the privilege of exer¬
cising the same by those heretofore established.
On motion of Mr. Joynes, the house adjourned until Wednesday,
the 3d day of 'January, at twelve o'clock.
116
JOURNAL OF THE HOUSE .OF DELEGATES.
WEDNESDAY, JANUARY 3, 1866.
Prayer by Rev. Dr. Hopson- of the church of the Disciples.
The Speaker appointed Mr. Evans to the committees of proposi¬
tions and grievances, courts of justice and enrolled bills, and Mr.
Davison to the committee of roads and internal navigation.
No. 65, An engrossed bill to amend the charter of the Virginia
fire and marine insurance company, was taken up, read a third time
and passed.
Ordered, That Mr. Lee carry the same to the senate, and request
their concurrence.
Mr. English presented the petition of Westil Willoughby of Al¬
exandria, asking the payment of $50 for services as assistant prose¬
cuting attorney ; which was referred to the committee for courts of
justice.
Mr. Robertson introduced
A bill to amend the 25 th and 27th sections of chapter 92 of the
Code of Virginia ; which was referred to the committee for courts of
justice.
Mr. Gibboney presented the memorial of John W. Paulett, asking
for payment of a certain claim for salt, contracted to be delivered to
him by the state of Virginia ; which was referred to the committee
of claims.
On motion of Mr. Gibboney,
Resolved, That the committee for courts of justice be instructed
to enquire into the expediency of so amending the criminal law as to
make horse stealing a capital offence.
On motion of Mr. Baldwin,
Resolved, That the committee for courts of justice enquire into the
expediency of providing by law that in any election for constable, a
candidate receiving twenty votes shall be deemed elected, and may
qualify and act as provided by law.
On motion of Mr. W. T. Clark,
Resolved, That the committee ^ef roads and internal navigation
enquire into the expediency of re-enacting and amending the charter
of the Pittsylvania railroad company, passed 29 th February I860.'
On motion of Mr. Waddell,
Resolved, That the committee on the library enquire into the ex¬
pediency of authorizing the librarian to subscribe for a limited num¬
ber of copies of county maps, prepared and published by competent
persons, from notes of survey made during the late war.
On motion of Mr. Clark of Pittsylvania,
No. 40, A bill to authorize the Richmond and Danville railroad
company to borrow money, was taken up, engrossed, read a third time
and passed—ayes 62.
The vote required by the constitution was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Baylor, Booker, Bowles, Browning, W. T. Clark,
Childress, Davison, Deskins, Dickenson, English, Evans, Fields, Gibboney, Graham, Grab
JOURNAL OF THE HOUSE OF DELEGATES.
117
tan, Graves, Gray. Hancock, Hansbrough, Hardy, Herndon, Joynes, Kellam, Kendrick,
Kilby, Lee, Lewis, Long, Mann, Marshall, Martin, McDonald, Magill, Merritt, Moore,
Morgan, Morris, Newberry, Owen, Parsons, Pate, Riggs. Robertson, Scott, Smith, Stearns,
Strayer, J. McDowell Taylor, Teeter, Thompson, Townes, Trout, Z. Turner, Waddell,
Wall, White, Wilson, Woltz, Woodson, Wooldridge and Word—62.
Ordered, That Mr. W. T. Clark carry the same to the senate, and
request their concurrence. 1
The following hills were taken up, read a second time, and ordered
to he engrossed for a third reading:
No. 25, A hill to provide for the erection and maintenance of jails.
No. 26, A hill to repeal certain sections of the Code,,concerning
the election of judges.
No. 27, A hill to amend section 28, chapter 184 of the Code.
No. 29, A hill to amend and re-enact the 14th section of chapter
120 of the Code of 1860.
No. 49, A hill prohibiting further entry of waste and unappropri¬
ated lands, or any grant of such, was taken up, and ordered to be
engrossed for a third reading.
No. 33, A hill to provide for taking and preserving a list of pro¬
perty damaged, taken or destroyed by the opposing armies during the
late war, was taken up, and read a second time.
Mr. Kilby moved to amend the hill by inserting at the end of the
fourth line the words " all public or private."
The question being on agreeing to the amendment, was put, and
decided in the affirmative.
Mr. Kilby moved to amend the bill further by adding the follow¬
ing as an independent section:
"§ 4. Be it further enacted, That the county courts of each county
and the hustings court of each city and town may make such allow¬
ance to said commissioner, for rendering the service aforesaid, as they
may deem right and proper; to be paid out of the fund of said county,
city or town." Pending which,
On motion of Mr. Grattan, the bill and amendments were indefi¬
nitely postponed.
On motion of Mr. Z. Turner, the house adjourned until to-morrow,
twelve o'clock.
THURSDAY, January 4, 1866.
I ,
A communication from the senate, by their clerk, was read as
follows:
In senate, January 3, 1866.
The senate have passed house bill entitled:
. An act to amend the charter of the Virginia fire and marine insu¬
rance company, No. 65.
The following engrossed bills were taken up, read a third time and
passed:
113
JOtfRNAt OF THE HOUSE OF DELEGATES.
No. 25, An engrossed bill to provide for the erection and mainte¬
nance of jails.
No. 26, An engrossed bill to repeal certain sections of the.Code,
concerning the election of judges.
No. 27, An engrossed bill to amend section 28 of chapter 184 of
the Code.
No. 29, An engrossed bill to amend and re-enact the 14th section
of chapter 130 of the Code of 1860.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
No. 49, An engrossed bill prohibiting further entry of waste and
unappropriated lands, or any grant of such, was taken up, read a
third time and passed.
Ordered, That Mr. Gibboney carry the same to the senate, and
request their concurrence.
No. 36, A bill to provide that credits in all suits hereafter brought
•shall be endorsed on the original writ, was taken up, and read a
second time.
Mr. Joynes moved that the bill be indefinitely postponed.
Mr. Dickenson moved the previous question; which was seconded;
and the main question was ordered.
The question being on agreeing to the motion to postpone inde¬
finitely, was put, and decided in the negative. -
On motion of Mr. Pendleton, the bill was laid upon the table.
A message was received from the senate by Mr. Eobinson, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to incorporate the Norfolk city railroad company, No.
51, with the following amendments, in which he was instructed to
request the concurrence of the house:
In 4th section, 3d line, strike out the word "six," and insert in
lieu thereof the word "ten."
In the same section, 6th line, strike out the word "ten," and in¬
sert in lieu thereof the word "fifteen."
The bill was taken up, and the amendments of the senate were
severally concurred in.
Ordered, That the clerk inform the senate thereof.
A message was received from the senate by Mr. Eobinson, who
informed the house that the senate had passed house bill entitled an
act to authorize the Eichmond and Danville railroad company to bor¬
row money, No. 40.
The Speaker laid before the house a communication from the presi¬
dent of the James river and Kanawha company, transmitting a copy
of a letter from the governor of West Virginia on the subject of the
executory agreement of Messrs. Bellot des Minieres & Co. for the
completion of the canal; which was referred to the committee of
roads and internal navigation, and ordered to be printed.
A message was received from the senate by Mr. Trout, who in¬
formed the house that the senate had passed house bill entitled an
act prohibiting further entry of waste and unappropriated lands, or
any grant of such.
JGTJRISrAX Of THE HOUSE OF DELEGATES.
119
No. 38, A bill providing for the punishment of vagrants, was taken
up, and read a second time.
Mr. G-rattan moved to amend the bill by inserting after the word
"polipe," in section 1, line 3, the words "or the police of any cor¬
poration/'
The question being on agreeing to the amendment, was put, and
decided in the affirmative.
Mr. Gfrattan moved further to amend the bill by adding at the end
of section 1 the following words: "But the persons described in the
fifth class of vagrants, in the 2d section of this act, may be arrested,
without warrant, by the special county or corporation police, and
when so arrested, shall be taken before a justice, who shall proceed
to dispose of them, in the mode prescribed in this section, or may at
once direct them to be committed to prison for a period not exceeding
three months, to be kept in close confinement and fed on bread and
wpter."
The question being on agreeing to the amendment, was put, and
decided in the affirmative.
Mr. Joynes moved to amend the preamble by striking out the
words "who are deemed rogues and vagabonds."
The question being on agreeing to the amendment, was put, and
decided in the affirmative.
Mr. Robertson moved to amend the bill by adding at the end of
the 4th clause, section 2, the words "unless disabled or incapable of
labor."
The question being on agreeing to the amendment, was put, and
decided in the affirmative; and the bill was ordered to be engrossed
for a third reading.
No. 39, A bill to direct the transfer of certain turnpikes and plank
■roads to the counties in which they lie, was taken up, read a second
time, and on motion of Mr. Graham, laid upon the table.
On motion of Mr. Browning,
No. 44, An engrossed bill releasing the state's interest in the
Fredericksburg and Gordonsville railroad on certain conditions, was
taken up.
Mr. Browning submitted an amendment to the bill, in the nature
of a substitute.
The question being on agreeing to the amendment, 'was put, and
decided in the affirmative; and the bill was ordered to be engrossed
for a third reading.
No. 41, A bill to authorize the Richmond and Danville railroad
company to secure certain liabilities to be incurred by the Piedmont
railroad company, was taken up, read a second time, and ordered to
be engrossed for a third reading.
Mr. A. »J. Clarklintroduced
A bill to incorporate the southern accident insurance company;
which was referred to the committee of propositions and grievances.
No. 43, A bill to incorporate the Virginia land, trust and immigra¬
tion company, was taken up, and on motion of Mr. English, laid upon
the table.
120
JOURNAL OF THE HOUSE OF DELEGATES.
No. 47, A bill in relation to circuit courts for corporations, was
taken up, read a second time, and ordered to be engrossed for a third
reading. » 1
No. 48, A bill to provide for an election of mayor, council and ser¬
geant of the town of Harrisonburg, in the county of Rockingham, and
of the towns of Abingdon and Goodson, in the county of Washing¬
ton, was taken up.
Mr. Bekem moved to amend the bill by striking out in line 3, sec-
Bon 1, the words "and the sheriff or crier of Washington county.
The question being on agreeing to the amendment, was put, and
decided in the affirmative.
Mr. Bekem moved to amend the bill by inserting after the word
"Harrisonburg" the" words "and the sheriff or crier of Washing¬
ton county shall hold an election for a mayor, council and sergeant
of the towns of Abingdon and Goodson."
The question being on agreeing to the amendment, was put, and
decided in the affirmative ; and the bill was ordered to be engrossed
for a third reading.
No. 53, A bill restraining the banks of this commonwealth from
making any disposition of their assets until otherwise provided by
law, and for other purposes, was taken up.
Mr. Lee submitted an amendment to the bill in the nature of a
substitute. Pending which,
On motion of Mr. Z. Turner, the bill and substitute were laid on
the table.
Mr. Watkins presented a petition of Mrs. M. W. Flournoy o
Prince Edward, asking for compensation for care of a lunatic; which
was referred to the committee of claims.
On motion of Mr. Merritt, leave of absence was granted to Mr.
Townes for one day. •
On motion of Mr. Clark of Pittsylvania, leave of absence was
granted to Mr. Smith.
Mr. Lee presented a memorial of salesmen of live stock, asking for
the removal of the weighmaster of live stock at state scales; which was
referred to the committee of propositions and grievances.
No. 54, A bill to incorporate the insurance company of America,
was taken up, and on motion of Mr. Grattan, laid on the table.
Mr. Joynes/from the committee for courts of justice, made the fol¬
lowing report:
The committee for courts of justice have, according to order, had
under consideration the petition of Westil Willoughby, of Alexan¬
dria, asking for the payment of $50 for services as assistant prosecut¬
ing attorney in a case of murder, in the circuit court of Fairfax
county, and beg leave to report that they deem it inexpedient to legis¬
late on the subject, and respectfully ask to be relieved of further
consideration of the same.
The question being on agreeing thereto, was put, and decided in
the affirmative.
Mr. Ellis presented the petition of the members of the bar of the
JOURNAL OF THE HOUSE OF DELEGATES,
121
cities of Norfolk and Portsmouth;, in relation to increasing the sala¬
ries of the judges of the courts of this commonwealth ; which was
referred to the committee for courts of justice.
Mr. Merritt introduced
A hill to provide for the recording of losses of property sustained
hy the operations of war, during the late war ; which was referred to
the committee for courts of justice.
Mr. Ellis introduced the following hills, which were referred to the
committee of roads and internal navigation:
A hill to incorporate the great southern inland navigation com¬
pany. _
A hill to incorporate the Hampton steamboat company.
A hill to incorporate the North Carolina transportation company.
No. 58, A bill to incorporate the Richmond home insurance com¬
pany; which, on motion of Mr. Z. Turner, was laid on the table.
Mr. Robertson presented memorial of George' Mason, asking for
payment of interest due him on state registered bonds since 1861;
which was referred to the committee on finance.
On motion of Mr. Evans,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of authorizing the Mechanicsville turn¬
pike company to issue their bonds, bearing interest at a greater rate
than six per centum per annum, for the purpose of borrowing money
not exceeding the sum of ten thousand dollars, for the purpose of
repairing and improving their road; and that the committee report
by bill or otherwise.
On motion of Mr. Herndon, , '
Resolved, That the committee on finance be instructed to enquire
into the propriety of at once appointing commissioners to proceed to
Wheeling to settle and adjust a fair and equitable division of the
public debt due by the state of Virginia before the dismemberment
between Virginia and West Virginia.
On motion of Mr. Evans,
Resolved, That the committee for courts of justice enquire into
the expediency of so amending the Code of 1860 as to dispense with
the services of a jury to execute the writ of enquiry in actions upon
open accounts, where the plaintiff serves upon the defendant a copy
of the account showing distinctly the amount claimed, so that judg¬
ments may be entered up in the clerk's office, and be confirmed by the
court, upon accounts not disputed, as upon promissory notes.
On motion of Mr. Joynes,
Resolved, That the auditor of public accounts be instructed to
communicate to this house a statement showing the amount expended
by the commonwealth in publishing the Decisions of the Court of Ap¬
peals since the year 1840, with the amount expended in the republi¬
cation of such volumes as have been republished, and the net amount
realized by the commonwealth from the sale of the volumes published
or republished since the year 1840, so as to show, in respect to the
16
122
journal of the house of delegates.
whole, and in respect to each volume, whether such publication and
republication have been a source of profit or loss.
On motion of Mr. Robertson,
Resolved, That the committee on finance enquire into the expe¬
diency of paying to those persons, resident of the state of Virginia,
who have been prevented from applying therefor, the interest due on
Virginia registered or coupon bonds.
Mr. Lewis offered the following resolution:
Resolved, That a committee of five be appointed by the Speaker
to wait on the register of the land office to examine his report, in
accordance with a resolution passed 21st day of December 1865, and
report to this house as soon as practicable, with his report; and the
question being on agreeing thereto, was put, and decided in the
negative.
No. 62, A bill to authorize the conversion of registered bonds into
coupon bonds, was taken up.
Mr. Gfrattan moved to amend the bill by inserting after the word
"bonds," in the 16th line of section 1, the word "originally;" and
the q uestion being on agreeing thereto, was put, and decided in the
affirmative.
Pending the further consideration of the bill,
On motion of Mr. Watkins, the house adjourned until to-morrow,
twelve o'clock.
FRIDAY, January 5, 1866.
Mr. Joynes, from the committee for courts of justice, reported the
following bills, which were read a first time, and ordered to be read a
second time:
No. 66, A bill amending section 46, chapter 85 of the Code, con¬
cerning expenses of conveying lunatics, &c.
No. 67, A bill amending section 33, chapter 184 of the Code, con¬
cerning officers' fees for taking care of criminals.
Mr. Gfraham, from the committee of roads and internal navigation,
reported back
No. 5, A senate bill entitled an act authorizing the trustees of the
town of Manchester to construct a bridge across James river at Rich¬
mond.
Mr. G-raham, from the same committee, reported back
No. 24, A senate bill entitled an act to authorize John M. Faunt-
leroy to establish a ferry across the Mattaponi river, with an amend¬
ment, in the nature of a substitute.
Mr. Kilby, from the committee on trade and mechanic arts, re¬
ported
No. 68, A bill to incorporate the Atlantic dock and iron company;
which was read a first time, and ordered to be read a second time.
The Speaker laid before the house a communication from the regis-
JOURNAL OF THE HOUSE OF DELEGATES.
123
ter of the land office, in response to a resolution of the house requiring
him to furnish a tabular statement containing the number and loca¬
tion of all warrants and patents for waste and unappropriated lands
in this commonwealth, issued from said office between the 17th April
1861 and 2d April 1865.
Mr. Watkins moved that the communication be referred to the
joint committee to examine the register's office, and that the same be
printed.
The question being first upon the reference of the communication,
was put, and decided in the affirmative.
The question then being on the motion to print, was put, and de¬
cided in the negative.
No. 62, A bill to authorize the conversion of registered bonds into
coupon bonds, being the unfinished business of yesterday, was taken
up. Pending which,
The proceedings of the house were suddenly interrupted by a vio¬
lent affray occurring in the immediate vicinity of the door of the hall;
in the progress of which a number of pistol shots were fired.
The Speaker ordered the sergeant-at-arms to arrest the persons con¬
cerned in this disturbance, and bring them before the house—where¬
upon, Messrs. H. Rives Pollard, Nathaniel Tyler and W. D. Coleman
were brought to the bar of the house, and severally, in answer to the
demand of the Speaker, made statements relative to their connection
with the affair.
On motion of Mr. Pendleton, the house postponed the bill under
consideration, and proceeded to consider the breach of privilege in¬
volved in the affray which had just occurred at the door of the hall.
Mr. Joynes moved that the subject be referred to the committee of
privileges and elections; which was rejected.
Pending the further consideration of the subject,
On motion of Mr. Waddell, the house adjourned.
Messrs. Pollard, Tyler and Coleman were, by order of the Speaker,
committed to the custody of the sergeant-at-arms until the pleasure
of the housq in regard to them shall be declared.
SATURDAY, JANUARY 6, 1866.
Mr. Joynes, from the committee for courts of justice, reported
No. 69, A bill amending and re-enacting section 5 of chapter 157
of the Code of Virginia, in relation to the jurisdiction of the corpo¬
ration court of the city of Norfolk, and creating the office of judge
of the said court; which was read a first time; and ordered to be read
a second time.
Mr. Kilby, from the committee of propositions and grievances, re¬
ported the following bills, which were read a first time, and ordered
to be read a second time :
No. 70, A bill to incorporate the Southern accident insurance com¬
pany.
124
JOURNAL OF THE HOUSE OF DELEGATES.
No. 71, A bill to authorize the county courts to borrow money.
Mr. Kilby, from the same committee, presented the following re¬
ports, wbicb were agreed to : >
The committep of propositions and grievances have, according to
order, had under consideration the resolution to enquire into the ex¬
pediency of requiring all companies asking for charters of incorpora¬
tion, to pay a bonus for said charters, and respectfully ask to be re¬
lieved from the further consideration of the subject; and that the
same be referred to the committee on finance.
The committee of propositions and grievances have, according to
order, had under consideration the resolution to take into considera¬
tion the forlorn and wretched condition of a large number of the citi¬
zens of this commonwealth, and enquire what legislation is necessary
to arrest the untold miseries that threaten them; and respectfully ask
to be relieved from the further consideration of the same.
Mr. G-rattan, from the committee on finance, reported
No. 72, A bill for the assessment of persons, property, income and
salaries ; which was read a first time, and ordered to be read a second
time.
On motion of Mr. Bently,
No. 53, A bill restraining the banks of this commonwealth from
making any disposition of their assets until otherwise provided by
law, and for other purposes; and an amendment to the same, in the
nature of a substitute, which were heretofore laid on the table, were
taken up and recommitted.
Mr. Harnsberger, from the joint committee to examine the regis-
office, submitted the following report, which, on motion, was laid on
the table :
The joint committee appointed to examine the register's office have, according to or¬
der, proceeded to make the requisite examinations, and beg leave respectfully to report:
The books, papers, &c. belonging to the said office are legibly written, "well arranged
and carefully preserved. *
The following operations of the land office from the 23d day of June 1865 (the time
the present incumbent was elected to the same) to the present date, is as follows:
Sale of waste and unappropriated land, - 1,014 49
Fees on surveys, - - - - - 26 14
caveats, - - - . - 11 50
searches, copies, &c. - - - - 156 40
$1,208 53
The committee further report, that the business of the office is evidently increasing,
and must necessarily—and would, as suggested by the register, recommend an increase
of fees for searches, copies, &c., as well as an increase of the price for the sale of waste
and unappropriated land, as the present fees and prices are inadequate, as will be seen
by reference to the Code of 1860, chapter 41, pages 250 and 251.
The committee further report, that the register estimates that at least one thousand
land office treasury warrants, many of which have been entered and surveyed, and will
be received and registered, in said office for patents within the next five or six months,
which will average a fee, at the lowest estimate, of three dollars for the registration of
each survey, making the total sum of $ 3,000 revenue to the state, and this added to the
escheat cases, copies, searches, &c. and sale of waste land at the increased fees and prices,
will afford a sufficient revenue to make the office self-paying and self-supporting.
The committee further report, that there are now,,,at the lowest estimate, between six
and seven thousand plats and certificates of survey to be transcribed; and the law re-
JOURNAL 01 THE HOUSE OF DELEGATES.
125
quires them to be copied, with the diagrams annexed, into hooks of surveys: and this is
now being done legibly and neatly, and in rapid progress.
JAMES GALT,
W. T. TALIAFERRO,
Senate Committee,
H. B. HARNSBERGER,
GILES A. MILLER,
J. 0. MORRIS,
JOHN W. FIELD,
House Committee.
The Speaker laid before the house a communication from the
auditor of public accounts, in response to a resolution directing the
auditor to furnish the house with certain tabular statements, showing
the amount of taxes assessed, &c., &c.; which said communication
was referred to the committee on finance, and ordered to he printed.
The house then proceeded to the consideration of the unfinished
business of yesterday, viz : the affray near the door of the hall, and
the disposition to he made of the persons in custody therefor.
Messrs. Pollard, Tyler and Coleman were brought to the bar of the
house, in custody of the sergeant-at-arms.
Mr. Lee moved to refer the whole subject to a select committee, to
consist of five members ; which motion was rejected by the house.
Mr. Woodson moved that the persons in custody be handed over to
the mayor of Richmond, to be prosecuted in the courts of law. Pend¬
ing which,
The hour of one o'clock having arrived, the special order, viz:
A bill providing for the staying of the collection of debts for a lim¬
ited period, came up for consideration, and on motion of Mr. Joynes,
was postponed until the pending subject be disposed of.
The motion of Mr. Woodson was then rejected.
On motion of Mr. Lee,
Resolved, That the prisoners now before the house have a right to
a separate trial, and that the house will proceed at once to try such
of them as are ready for trial.
Mr. Dickenson submitted the following resolution :
Resolved, That this house form itself into a committee of the whole,
to investigate the charges against H. Rives Pollard, W. D. Coleman
and N. Tyler, at the bar of this house, of gross violation of its privi¬
leges.
The question being on agreeing thereto, was put, and decided in the
negative.
On motion of Mr. Joynes,-
Resolved, That the Speaker of this house should exercise such con¬
trol over the conduct of the present investigation, in respect to the
regularity of questions and answers, and the conduct of witnesses and
parties, as would be exercised by a judge in a judicial proceeding, sub¬
ject to the control of this house.
Mr. Tyler, in response to an enquiry from the Speaker, elected to
be tried separately, and declared himself ready for trial—whereupon,
Sundry witnesses were sworn and examined; and the investigation
126
journal of the house of delegates.
having been completed, as well on the part of the defence as of the
house,
Mr. Garnett submitted the following resolution:
Resolved, That Mr. Tyler is not_ guilty of any indignity towards
this house, or any breach of its privileges, and that he be discharged
from custody.
The 'question being on agreeing to this resolution, Mr. Garnett de¬
manded the previous question; which demand was seconded; and the
main question being ordered by the house, was put, and decided in
the affirmative—whereupon,
Mr. Tyler was released from custody.
Mr. Coleman having been called upon by the Speaker, elected a
separate trial, and declared his readiness to proceed at once—where¬
upon,
Sundry witnesses were sworn and examined; and the investigation
having been concluded, as well on the part of the defence as the house,
Mr. Herndon submitted the following resolution:
Resolved, as the sense of this house, That W. D. Coleman has
been guilty of a breach of the privileges of the house, and that he he
placed at the bar of the house, reprimanded by the Speaker, and then
discharged.
, Mr. Woodson submitted the following as a substitute for the reso¬
lution offered by Mr. Herndon:
"Resolved, as the judgment of this house, That W. D. Coleman is
not guilty of a breach of any privilege of this house, and that he be
discharged."
The question being on agreeing to the substitute, was put, and de¬
cided in the affirmative; and the question being on agreeing to the
resolution as amended, was put, and decided in the affirmative—
whereupon,
Mr. Coleman was released from custody.
Mr. Pollard, in response to an enquiry from the Speaker, stated
that he was not prepared for trial, and asked a postponement of his
case until Monday next; which was agreed to by the house.
On motion of Mr. Grattan, the sergeant-at-arms was authorized to
release Mr. Pollard, upon his recognizance in the sum of $ 1,000 for
his appearance on Monday.
On motion of Mr. Garnett, leave of absence was granted to Mr.
Wyatt for one day.
On motion of Mr. Garnett, the house adjourned.
MONDAY, January 8, 1866.
Prayer by Rev. Dr. Woodbridge of the Episcopal church.
Mr. Garnett, from the committee of propositions and grievances,
reported the following bills, which were read a first time, and ordered
to be read a second time :
No. 73, A bill to amend the charter of the city of Richmond.
JOURNAL OF THE HOUSE OF DELEGATES. /
No. 74, A bill to authorize the Mechanicsville turnp/
brrrow money. I
Mr. Garnett presented the petition of Andrew N/
the weighmaster of the city of Richmond; which
committee of propositions and grievances.
Mr. Graham, from the committee of roads and internal navigation^
reported
No. 75, A hill to provide for keeping in repair the public roads ;
which was read a first time, and ordered to be read a second time.
Mr. Grattan, from the committee on finance, reported
No. 76, A bill for the assumption by the state of Virginia of the
debt due by the citizens, under the act of congress of 1861; which
was read a first time, and ordered to be read a second time.
Mr. Watkins moved the suspension of the rule requiring the bill
to be printed; and the question being on agreeing thereto, was put, and
decided in the affirmative.
On motion of Mr. Grattan (two-thirds, of the members elect to the
house concurring), the bill was read a second time.
The question being on ordering the bill to be engrossed and read a
third time, Mr. Ellis moved to lay it on the table ; and the question
being on agreeing thereto, was put, and decided in the negative.
The question recurring on the engrossment and third reading of
the bill, was put, and decided in the affirmative.
Mr. Waddell, from the joint committee of conference on the sub¬
ject of public printing, presented the following report, which, on mo¬
tion of Mr. Dunnington, was laid on the table and ordered to be
printed:
The joint committee of conference on the subject of public print¬
ing beg leave to submit the following report:
The subject is one of great importance, involving the expenditure
of a large sum of money, and is therefore deserving of careful and
deliberate examination.
After fully considering the various plans which have been proposed,
the committee have arrived at the conclusion that the most
efficient and economical mode is to elect a superintendent of
printing, whose duty it shall be to let out the work to the low¬
est bidder, and supervise its execution. The superintendent should
be acquainted with the printing business, but should be prohibited
by law from participating in the profits arising from the work. He
should reside in the city of Richmond, and be at hand whenever his
services may be required. Thus a disinterested officer would have
the work done, from time to time, on the most advantageous terms
for the commonwealth, and see that it was properly done in every
particular.
The committee believe that the services of a competent superinten¬
dent can be secured for a salary not exceeding one thousand dollars
a year, and that the expenditure of this sum in the way proposed would
be the means of saving a much larger sum to the state. The present
law allows the public printer ten per cent, on the purchase of pap&r,
which of itself, would go far towards paying the superintendent's salary.
126& journal or the house oe delegates.
In connection with this plan, it is important that there should be
a joint standing committee of the general assembly to make an an¬
nual investigation into the superintendent's transactions, and also to
direct what matter shall be printed.
The committee therefore recommend the adoption of the following
resolution :
Resolved—1st, That it is expedient to amend chapter 18 of the
Code of 1860, so as to provide for the election of a superintendent of
printing, instead of a public printer, at a salary not exceeding one
thousand dollars a year ; 2d, to repeal chapter 20 of the said Code,
so far as it relates to a public printer; and 3d, to pass an act prescri¬
bing the duties of the said superintendent.
All of which is respectfully submitted,
Jos. A. Waddell,
Ch'n house committee.
As chairman of the senate committee of conference, I respectfully
dissent from the above report and action of the committee. The
majority of the senate committee of conference^ present, concurred
fully in the action of the committee on the above report. I refer to
the elaborate reports of 1852 and 1857, on this subject.
J. H. Gilmer,
Ch'n senate committee.
The unfinished business of Saturday, being the trial of Mr. Pol¬
lard, charged with a breach of the privileges of the house, came up
for consideration.
Mr. Pollard appeared in discharge of his recognizance.
Mr. Garnett moved that the subject be postponed, to enable him to
offer a resolution; and the question being on agreeing thereto, was
put, and decided in the negative.
Mr. Pollard, by Robert Ould, Esq., his counsel, presented an affi¬
davit, setting forth the fact of the absence of a material witness, &c.,
and asking for a continuance of the cause until Thursday next, at
twelve o'clock M., which was granted by the house.
On motion of Mr. Grattan, the sergeant-at-arms of the house of
delegates was authorized to take a recognizance in the penalty of
$1000 for the appearance of Mr. Pollard before the bar of the house
on Thursday next, at twelve o'clock M.
On motion of Mr. English, leave of absence was granted to Mr.
Lewis until Thursday.
Mr. Herndon introduced
A bill to incorporate the Whitehall mining and manufacturing
company; which was referred to the committee of propositions and
grievances.
Mr. Evans introduced the following bills, which were referred to
the committee for courts of justice:
A bill to amend and re-enact the 6th section of chapter 167 of the
Code, in regard to recovering money by motion, on thirty days' notice.
JOURNAL OF THE HOUSE OF DELEGATES.
129
A bill to amend and re-enact the 38th section of chapter 162 of
the Code, in regard to trial by jury in civil causes.
The Speaker laid before the house a communication from the audi¬
tor of public accounts, in response to a resolution of the house, call¬
ing for a statement showing the amount expended by the common¬
wealth in publishing the Decisions of the Court of Appeals since the
year 1840, with the amount expended in the republication of such of
the same as have been republished, &c. &c.; which said communica¬
tion and statement were, on motion of Mr. Joynes, laid on the table.
A message was received from the senate by Mr. Lemosy, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act declaring the city of Portsmouth a part of the first judi¬
cial division, and declaring valid all legal proceedings heretofore had
in the circuit court of said city, &c. No. 43; in which they respect¬
fully requested the concurrence of the house of delegates.
No. 62, A bill to authorize the conversion of registered bonds into
coupon bonds, being the unfinished business of Saturday, was taken
up. Pending its consideration,
The hour of one o'clock having arrived, the special order of the
day, which is
No. 3, A bill providing for staying the collection of debts for a
limited period, came up for consideration.
Mr. Woodson moved that the special order of the day be postponed
until the pending bill be disposed of; and the question being on
agreeing thereto, was put, and decided in the affirmative.
A message was received from the senate by Mr. Cabell, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act authorizing the circuit court of Amherst county to make
an allowance for the support of Wilkins, Edward and Lilly Y. Wat¬
son, infant children of Wilkins Watson, deceased, No. 30; in which
they respectfully request the concurrence of the house of delegates.
The question being on ordering the pending bill to be engrossed
and read a .third time, Mr. Steams demanded the previous question;
which motion was seconded, but the house refused to order the main
question.
The question recurring on the engrossment and third reading of
the bill, was put, and decided in the negative, and the bill was
rejected. -
The special order of the day came up, and on motion of Mr. G-ray,
the further consideration of the same was postponed until to-morrow
at one o'clock.
Mr. Gray presented the memorial of the Potomac bridge company,
which was referred to the committee of propositions and grievances.
Mr. Trout presented the memorial of Roanoke college, asking do¬
nation from- land fund; which was referred to the committee of schools
and colleges.
On motion of Mr. Wilson,
Resolved That the committee of propositions and grievances be
17
130
JOUKNAL OF THE HOUSE OF DELEGATES.
instructed to enquire into the expediency of incorporating the Vir¬
ginia insurance, loan and trust company.
Mr. Wilson introduced
A bill to incorporate the Virginia insurance, loan and trust com¬
pany; which was referred to the committee of propositions and griev¬
ances.
On motion of Mr. Clark,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of incorporating the Johnston insurance
company of the town of Danville.
On motion of Mr. Gray,
Resolved, That the committee for courts of justice enquire into the
expediency of passing a law of 'amnesty for offences against the com¬
monwealth committed during the late war.
On motion of Mr. Joynes,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of amending the 12th section of chapter 95
of the Code, so as to increase the fees of harbormasters.
On motion of Mr. Stearns,
Resolved, That the committee of propositions and grievances be
instructed to enquire into the expediency of incorporating the Vir¬
ginia white lead, paint and oil company; with leave to report by bill
or otherwise.
On motion of Mr. Mosby,
Resolved, That the committee for courts of justice enquire whether
or not the terms of office of the judges and other officers appointed
by the governor of this commonwealth have not expired by constitu¬
tional limitation; and report what action is necessary to be taken in
the premises.
On motion of Mr. Morgan,
Resolved, That the committee of claims enquire into the expedi¬
ency of reporting a bill providing for the payment of a claim due
Robert H. Richardson for bacon and lard furnished the penitentiary
in the year 1865.
On motion of Mr. Baylor,
Resolved, That the committee on finance be instructed to enquire
into the expediency of so amending sections 95 and 96 of chapter 35
of the Code of Virginia (1860) as to increase the compensation of
commissioners of the revenue for the year ending the 31st day of Jan¬
uary 1866, and thereafter.
On motion of Mr. Harnsberger,
Resolved, That the committee for courts of justice enquire into the
expediency of incorporating the town of Port Republic, in the county
of Rockingham.
On motion of Mr. Waddell, ;
Resolved, That the committee of roads and internal navigation en¬
quire into the expediency of turning over the Middlebrook and
Brownsburg turnpike to the counties in which it lies.
JOURNAL OP THE HOUSE OP DELEGATES.
131
On motion of Mr. Woodson,
Resolved, That the committee of roads and internal navigation en¬
quire into the • condition of the Rockingham turnpike company ;
whether it is now owned by the original chartered company, or by
the purchasers under a trust sale made of said turnpike, and that
they further enquire into the expediency of prohibiting the collection
of tolls upon any section of said road until the same shall be declared
completed under the provisions of the 8th section of chapter 61 of
the Code of Virginia.
Mr. Robertson introduced
A bill to provide for taking a list of property taken or destroyed
during the late war ; which was referred to the committee for courts
of justice.
Mr. Bekem presented a memorial of citizens of Virginia, asking
the completion of the Virginia and Kentucky railroad ; which was
ordered to be referred to the committee of roads and internal naviga¬
tion.
Mr. Ellis introduced
A bill to amend and re-enact section 17, chapter 16 of the Code of
Virginia, as to the construction of statutes; which was referred to the
committee for courts of justice.
Mr. Ellis introduced the following bills, which were referred to the
committee for courts of justice:
A bill to amend and re-enact the 5th section of chapter 151 of the
Code of Virginia, as to the attachment of steamboats and other ves¬
sels found within the jurisdiction of this state.
A bill to amend section 4, chapter 65 of the Code of Virginia, as
to the formation and incorporation of companies.
Mr. Mann introduced
A bill to incorporate the Virginia iron and manufacturing com¬
pany; which was referred to the committee of propositions and griev¬
ances.
Mr. Harris presented the petition of S.' H. Loving, clerk of the
county court of Nelson county, asking for the payment of an account
for attending trials for criminal prosecutions; which was referred to
to the committee of claims.
Mr. Evans introduced
A bill to amend and re-enact the 6th and 14th sections of chapter
158, the 38th chapter of section 162, the 1st, 4th and 43d sections of
chapter 171 of the Code, in regard to the terms of the circuit court
of the seventh district.
On motion of Mr. Pattefson, the house adjourned until to-morrow,
twelve o'clock.
132
JOURNAL OF THE HOUSE OF DELEGATES.
TUESDAY, JANUARY 9, 1866.
Prayer by Key. Dr. Woodbridge of the Episcopal church.
Mr. Joynes, from the committee for courts of justice, presented the
following report:
The committee for courts of justice have, according to order, had
under consideration the resolution for incorporating the town of Port
Kepublic, in the county of Kockingham, and respectfully ask that the
same be referred to the committee of propositions and grievances, and
that this committee be relieved from further consideration of the same;
and the question being on agreeing thereto, was put, and decided in
the affirmative.
Mr. Joynes, from the same committee presented the following re¬
port, which, on motion, was laid on the table:
The committee for courts of j ustice, in response to the resolution
directing the committee to enquire whether or not the terms of office
of the judges and other officers appointed by the governor of this
commonwealth have expired by constitutional limitation, and report
what action is necessary to be taken in the premises, heg leave to
report that no action in the premises is necessary, inasmuch as the
constitution provides that the judges and all other officers, whether
elected or appointed, shall continue to discharge the duties of their
offices after their terms of service have expired until their successors
are qualified: and this provision applies to the case of appointments
to fill vacancies by commissions which expired at the end of thirty
days after the commencement of the present session of the general
assembly, as provided by the 5th section of article 5 of the constitu¬
tion, and respectfully ask to be relieved from further consideration of
the same.
Mr. Joynes, from the same committee, presented the following bills,
which were read a first time, and ordered to be read a second time:
No. 77, A bill to amend and re-enact section 29 of chapter 151 of
the Code.
No. 78, A bill to amend and re-enact section 7 of chapter 158 of
the Code of Virginia, in relation to the adjourned terms of the circuit
court of the city of Norfolk.
No. 79, A bill to provide for the recording of losses of property
sustained by the operations of war during the late war.
Mr. Bently, from the committee on banks, presented the following
bill, which was read a first time, and ordered to be read a second time:
No. 80, A bill requiring the banks of this commonwealth to go
into liquidation.
Mr. Wall introduced
A bill to amend the charter of the insurance company of the Val¬
ley of Virginia; which was ordered to be referred to the committee of
propositions and grievances.
Mr. Watkins introduced
A bill making appropriation to the university of Virginia; which
was referred to the committee of schools and colleges.
JOURNAL OF THE HOUSE OF DELEGATES.
133
No. 24, A senate bill to authorize John M. Fauntleroy to estab¬
lish a ferry across the Mattaponi river, heretofore reported back from
the committee of roads and internal navigation with amendments,
was taken up; and the question being on agreeing to the amendments
proposed by the committee, was put, and decided in the affirmative.
The bill was then read a third time and passed.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
No. 5, A senate bill authorizing the trustees of the town of Man¬
chester to construct a bridge across James river at Richmond, was
taken up. Pending which,
Mr. G-rattan moved that the bill be laid on the table;1 and the
question being on agreeing thereto, was put, and decided in the
negative.
Thu bill was then read a third time and passed.
Ordered, That the clerk inform the senate thereof.
A senate bill declaring the city of Portsmouth a part of the first
judicial division, and declaring valid all legal proceedings heretofore
had in the circuit court of said city, &c., was read a first and, second
times, and referred to the committee for courts of justice.
No. 30, A senate bill authorizing the circuit court of Amherst
county to make an allowance for the support of Wilkins, Edward
and Lilly Y. Watson, infant children of Wilkins Watson, deceased,
was read a first and second times, and referred to the committee for
courts of justice.
No. 38, An engrossed bill providing for the punishment of va¬
grants, was read a third time and passed.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
No. 41, An engrossed bill to authorize the Richmond and Danville
railroad company to secure certain liabilities to be incurred by the
Piedmont railroad company, was read a third time and passed—
ayes 89.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Braxton, Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Davison,
Davidson, Deskins, Dickenson, Dunnington, Ellis, English, Evans, Fields, Garnett, Gar¬
rett, Gibboney, Glendy, Graham, Grattan, Graves, Gray, Hancock, Harris, Hansbrough,
Hardy, Harnsberger, Herndon, Holmes, Jackson, Joynes, Kellam, Kendrick, Kilby, Lee,
Long, Mann, Marshall, Martin, McDonald, Magill, Merritt, Miller, Moore, Morgan,
Morris, Mosby, Newberry, Owen, Parsons, Pate, Patterson, Peed, Pendleton, Powell,
Purdy, Riggs, Itixey, Robertson, Scott, Seawell, Smith, Stearns, Strayer, J. McDowell
Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall,
Watkins, White, Wilson, Wood, Wooldridge and Word—89.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
No. 44, An engrossed bill releasing the state's interest in the Fred¬
ericksburg and Gordonsville railroad on certain conditions, was read
a third time and passed—ayes 89.
134
JOURNAL OF THE HOUSE OF DELEGATES.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Braxton, Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Davison,
Davidson, Deskins, Dickenson, Dunnington, Ellis, English, Evans, Fields, Garrett,
Gibboney, Glendy, Graham, Grattan, Graves, Gray, Hancock, Harris, Hansbrough,
Hardy, Herndon, Holmes, Jackson, Jones, Joynes, Kellam, Kendrick, Kilby, Lee,
Long, Mann, Marshall, Martin, McDonald, Magill, Merritt, Miller, Moore, Morgan,
Morris, Mosby, Newberry, Owen, Parsons, Pate, Patterson, Peed, Pendleton, Powell,
Purdy, Riggs, Rixey, Robertson, Scott, Seawell, Smith, Strayer, J. McDowell Taylor,
Teeter, Thompson, Townes, Trout, W. A..Turner, Z. Turner, Waddell, Wall, Watkins,
White, Wilson, Woltz, Wood, Woodson, Wooldridge and Word—89.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
No. 47, An engrossed bill in relation to circuit courts for corpora¬
tions, was read a third time and passed.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
No. 48, An engrossed bill to provide for the election of mayor,
council and sergeant of the town of Harrisonburg, in the county of
Rockingham, and of the towns of Abingdon and Goodson, in the
county, of Washington, was taken up, and on motion of Mr. Wood¬
son, laid on the table.
No. 76, An engrossed bill for the assumption by the state of Vir¬
ginia of the debt due by the citizens under the act of congress of
1861, wq,s taken up.
On motion of Mr. Robertson, the rule was suspended, enabling him
to move a reconsideration of the vote by which said bill was ordered
to its engrossment.
The hour of one o'clock having arrived, the special order of the
da3b *
No. 31, A bill providing for staying the collection of debts for a
limited period, was taken up.
On motion of Mr. Grattan, the consideration of the same was post¬
poned to allow the pending bill to be disposed of.
Mr. Robertson moved that the vote by which the pending bill was
ordered to be engrossed be reconsidered; and the question being on
agreeing thereto, was put, and decided in the affirmative.
The question being on ordering the bill to be engrossed to be read
a third time, Mr. Robertson moved to amend the bill by inserting after
the 1st section of the bill the following as an independent section :
"Be it further enacted, That the tax receipts of all persons who shall
have paid the tax already to the government of the United States,
shall in all cases be allowed and credited by the officers of this com¬
monwealth on the state taxes they hold against said parties."
The question being on agreeing to the amendment, was put, and
decided in the affirmative.
The question recurring on ordering the bill to be engrossed and read
a third time, was put, and decided in the affirmative.
The bill being forthwith engrossed, was read a third time and
passed—'ayes 92.
JOURNAL OF THE HOUSE OF DELEGATES.
135
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles
Braxton, Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel, Davis',
Davison, Davidson, Deskins, Dickenson, Dunnington, Ellis, English, Evans, Fields, Gar-
nett, Garrett, Gibboney, Glendy, Graham, Grattan, Graves, Gray, Hancock, Harris, Hans-
brough, Hardy, Harnsberger, Herndon, Holmes, Jackson, Jones, Joynes, Kellam, Ken-
drick, Kilby, Lee, Long, Mann, Marshall, Martin, McDonald, Magill, Merritt, Miller,
Moore, Morgan, Morris, Mosby, Newberry, Owen, Parsons, Pate, Patterson, Peed, Pen¬
dleton, Powell, Pnrdy, Biggs, Rixey, Robertson, Scott, Seawell, Smith, Stearns, Strayer,
J. McDowell Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Wad-
dell, Wall, Watkins, White, Wilson, Woltz, Woodson, Woolbridge and Word—92.
Ordered, That Mr. Grattan carry the same to the senate, and re¬
quest their concurrence.
The special order of the day, being
No. 31, A bill providing for staying the collection of debts for a
limited period, again came up for consideration.
Mr. Dickenson offered an amendment in the nature of a substitute.
Mr. Rixey moved to amend the bill by striking out in the 9th line
of the 1st section the figures " 1868," and inserting in lieu thereof
the figures "*1870." Pending which,
Mr. Kellam moved to recommit the bill and amendments; and the
question being on agreeing thereto, was put, and decided in the af¬
firmative.
Mr. Kellam offered the following resolution, which was rejected:
• Resolved, That the committee of propositions and grievances be
directed to report a bill for the protection of sheep against the rav¬
ages of dogs.
Mr. Watkins presented the petition of president and trustees of
Hampden Sydney college for payment of interest due them on state
securities; which was referred to the committee of schools and col¬
leges.
Mr. Powell offered the following resolution:
Resolved, That this house will on Saturday next take into consid¬
eration the expediency of appointing a state geologist and an experi¬
enced mineralogist; and the question being on agreeing thereto, was
put, and decided in the negative—two-thirds of the members present
not voting infihe affirmative.
Mr. Cabell presented the petition of E. A. Watson, guardian for
her children, praying the passage of a law to authorize the circuit
court of Amherst county to make an allowance out of the principal
and interest of their estate for their support; which was referred to
the committee for courts of justice.
Mr. A. J. Clark moved that
No. 7, A bill to incorporate the Southern accident insurance com¬
pany be taken up; and the question being on agreeing thereto, was
put, and decided in the negative—two-thirds of the members present
not voting in the affirmative.
Mr. Harnsberger introduced a bill incorporating the town of Port
Republic, in the county of Rockingham; which was referred to the
committee of propositions and grievances.
136
JOUENAL OF THE HOUSE OF DELEGATES.
Mr. Watkins presented the memorial of the directors of Union
theological seminary, for payment of interest due them; which was
referred to the committee of schools and colleges.
On motion of Mr. Gibboney, leave of absence was granted to Mr.
Davidson for eight days from Thursday next.
On motion of Mr. White,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of creating the office of state geologist.
On motion of Mr. Wooldridge,
Resolved, That the committee of privileges and elections enquire
into the expediency of changing the present mode of regulating the
temperature of the hall of the house of delegates.
On motion of Mr. Baylor,
Resolved, That the committee on finance enquire into the expe¬
diency of so amending section 36 of chapter 35 of the Code of 1860
as to exempt from taxation real estate not exceeding dollars in
value, held by trustees as parsonages for ministers of the gospel.
On motion of Mr. Lee,
Resolved, That the committee on banks be instructed to enquire
into the condition of savings banks of the state, and what is neces¬
sary for the relief of their depositors.
On motion of Mr. Bekem,
Resolved, That the committee of claims enquire into the propriety
of allowing the account of J. C. Coman, jailor of Scott county.
On motion of Mr. Riggs,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of giving some expression of the general
assembly to the federal government on the want of mail facilities in
parts of Virginia, and also into the expediency of requesting the
federal government to modify the oath now required by law to be
taken by postmasters.
On motion of Mr. Gannett,
Resolved, That the committee for courts of justice enquire what
amendment, if any, is necessary to the 2d section of the 151st chap¬
ter of the Code of 1860, to prevent the abuse of the law of attach¬
ments.
On motion of Mr. Grattan,
Resolved, That the committee for courts of justice be instructed
to enquire whether there be now in force any acts of the general
assembly passed since the 1st day of June 1861, or any ordinances of
the convention of the people of Virginia, which sat after the 21st day
of April 1861, which are inconsistent with the present condition of
the country; and that they report by bill or otherwise.
On motion of Mr. Kellam,
Resolved, That the committee of propositions and grievances he
instructed to enquire into the expediency of reporting a bill for the
protection of sheep against the ravages of dogs.
On motion of Mr. Miller,
Resolved, That the committee for courts of justice enquire into
JOURNAL OF THE HOUSE OF DELEGATES.
137
Inexpediency of increasing the pay of clerks of the county and su¬
perior courts during the existence of the stpy law; and report by bill
or otherwise.
On motion of Mr. Hancock,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of incorporating the Chesterfield mantua
coal mining company.
On motion of Mr. Woltz,
Resolved, That the committee of roads and internal navigation be
instructed to enquire into the expediency of reporting a bill to trans¬
fer to the counties of Carroll and Patrick the state's interest in the
Hillsville and Patrick courthouse turnpike.
On motion of Mr. Wood,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of appropriating a moderate sum of money
to furnish.artificial limbs for indigent disabled soldiers; and that said
committee consider and report on the proposals of T. H. Wells, of
Charlottesville, in reference to this subject.
On motion of Mr. Moore,
Resolved, That the committee for courts of justice enquire into the
expediency of providing by law for furnishing to the overseers of the
poor and the surveyor of each county a copy of the future acts of the
general assembly of Virginia.
On motion of Mr. Kellam, the house adjourned until to-morrow,
twelve o'clock.
WEDNESDAY, JANUARY 10, 1866.
Prayer by Rev. Dr. Woodbridge of the Episcopal church.
A communication from the senate, by their clerk, was read as follows:
In senate, January 9, 1866.
The senate have agreed to the report of the committee of confer¬
ence on the subject of public printing.
The report was taken up for consideration; and the question being
on agreeing thereto,
Mr. Hurst moved that the whole subject be laid on the table ; and
the question being on agreeing thereto, was put, and decided in the
negative.
The question recurring on agreeing to the report, was put, and de¬
cided in the affirmative.
Mr. G-arnett, from the committee of propositions _ and grievances,
reported the following bills, which were read a first time, and ordered
to be read a second time: _ #
No. 81, A bill to incorporate the Virginia white lead, paint and oil
company, ^
138
journal of the house of delegates.
No. 82, A bill to incorporate the Virginia iron, mining and manu¬
facturing company. ,
No. 83, A bill to amend the charter of the insurance company of
the Bank of the Valley of Virginia.
No. 84, A bill to incorporate the Johnston insurance company of
Danville. »
Mr. Daniel, from the committee on the militia laws, reported the
following bill, which was read a first time, and ordered to be read a
O 7 '
second time:
No. 85, A bill reorganizing the public guard.
Mr. Grattan, from the committee on finance, reported the following
bills, which were read a first time, and ordered to be read a second time:
No. 86, A bill to require a deposit of securities to be made by
foreign insurance companies doing business in this state.
No. 87, A bfil compensating Allen Bacon for services as jailor.
No. 88, A bill to incorporate the National insurance company of
Virginia.
Mr. Grattan, from the same committee, presented the following re¬
port, which was agreed to:
The committee on finance have, according to order, had under con¬
sideration a resolution enquiring into the propriety of a reassessment
of lands in this commonwealth, and respectfully report that they
deem it inexpedient to legislate on the subject at this time.
Mr. Bowles, from the committee on agriculture and manufactures,
reported the following bill, which was read a first time, and ordered
to be read a second time:
No. 89, A bill relating to fences and for the protection of crops.
Mr. Dickenson, from the committee to examine the clerk's office,
presented the following report, which, on motion, was laid on the table:
The committee appointed to examine the clerk's office have, in obe¬
dience to order, performed their duty, and submit the following re¬
port:
That we found the books and papers in good order, the papers pro¬
perly labelled and systematically arranged, and in a good state of
preservation; that the different apartments in which the books and
papers are kept are clean and in good order, and great care is had for
their future preservation.
v Wm. J. Dickenson, Ch'n,
T. J. wooldridge,
W. F. B. Taylor,
L. F. Woltz,
W. R. B. Wyatt.
January 10, 1866.
On motion of Mr. Garnett, the report was laid on the table.
Mr. Garrett presented the memorial of the board of directors of the
Eastern lunatic asylum on outstanding claims, asking an appropria¬
tion; which was referred to the committee on lunatic asylums.
A message -was received from the senate by Mr. Keen, who informed
JOURNAL OF THE HOUSE OF DELEGATES.
139
the house of delegates that the senate had passed house bill entitled
an act to authorize the Richmond and Danville railroad company to
secure certain liabilities to be incurred by the Piedmont railroad com¬
pany, No. 41.
Mr. Waddell moved that a select committee of five be appointed to
report bills to carry into effect the report of the committee of con¬
ference on the subject of public printing; and the question being on
agreeing thereto, was put, and decided in the affirmative.
No. 46, A senate bill entitled an act extending the time for rebuild¬
ing the toll bridge at Buchanan, in Botetourt county, under the char¬
ter granted to James Cartmill and John F. Wood, by an act of the
general assembly entitled an act authorizing James Cartmill and John
F. Wood to erect a toll bridge across James river, passed February
17th, 1819, was read a first and second times, and referred to the com¬
mittee of roads and internal navigation.
Mr. Word presented the petition of the citizens of Botetourt county,
to incorporate a company to build a toll bridge at Buchanan, in said
county; which was referred to the committee of roads aud internal
navigation.
Mr. Graham moved to take up for consideration
No. 39, A bill to direct the transfer of certain turnpikes and plank
roads to the counties in which they lie (heretofore laid on the table);
and the question being on agreeing thereto, was put, and decided in
the affirmative.
On motion of Mr. Graham, the bill was recommitted.
The joint order, which was the resolution to proceed to the election
of a secretary of the; commonwealth, auditor of public accounts,
second auditor and treasurer, came up.
Mr. Joynes moved to postpone the execution of the joint order un¬
til the 1st day of February next.
A message was received from the senate by Mr. Lee, who informed
the house of delegates that the senate Had passed house bill entitled
an act releasing the state's interest in the Fredericksburg and Gor¬
dons ville railroad on certain conditions, No. 44.
Mr. Watkins moved to amend the motion of Mr. Joynes by sub¬
stituting in lieu thereof the following:
Resolved, That with the consent of the senate, so much of the
joint order as relates to the election of the second auditor be post¬
poned; and the question being on agreeing thereto, was put, and de¬
cided in the affirmative.
Mr. Joynes moved to amend the amendment by adding thereto the
following: " and that so much of the joint order as relates to the
election of secretary of the commonwealth, auditor of public accounts
and treasurer, be postponed until the 1st day of February next."
Mr. Garnett moved to amend the amendment by adding at
the end thereof the following: " and that this house is now ready
to execute the balance of the joint order of 4he day, by the election
of a secretary of the commonwealth, a treasurer and auditor ot pub-
140
JOURNAL OF THE HOUSE OF DELEGATES.
lie accounts; and the question being on agreeing thereto, was put,
and decided in the affirmative.
On motion of Mr. Lee, the resolution and pending amendment
were laid on the table.
Mr. Watkins moved that the senate be informed that this house is
ready 011 its part to proceed to the execution of the joint order; and
the question being on agreeing thereto,
Mr. Woodson demanded the previous question ; which was sus¬
tained by the house; and the question being—Shall the main ques¬
tion be now put? was put, and decided in .the affirmative.
The question recurring on agreeing to Mr. Watkins's motion, was
put, and decided in the affirmative.
Ordered, That Mr. Watkins inform the senate.
Mr. Cabell introduced the following bills, which were referred to the
committee for courts of justice.
A bill to amend and re-enact section 11 of chapter 192 of the Code
of Virginia.
A bill more effectually to punish the larceny of horses, mules and
jennets.
No. 74," A bill to authorize the mechanicsville turnpike company
to borrow money, was read a second time, and ordered to be engrossed
and read a third time.
Mr. Z. Turner moved that
No. 60, A bill separating fhe office of secretary of the common¬
wealth and librarian, and prescribing the duties of these officers, be
taken up out of its order on the calendar; and the question being on
agreeing thereto, was put, and decided in the negative—two-thirds of
the members present not voting in the affirmative.
On motion of Mr. Ragsdale, ,
Resolved, That the committee of privileges and elections be instruct¬
ed to enquire into the expediency of establishing an election precinct
at the storehouse of W. B. L. Vaughn, in the county of Pittsylva¬
nia; and repoit by bill or otherwise.
On motion of Mr. Holmes,
Resolved, That the committee of privileges and elections enquire
into the expediency of so amending the act passed January 31st, 1862,
changing the manner of examining polls and certifying elections, and
section 12, chapter 7 of the Code of 1860, as to reconcile the incon¬
sistency of said act and said .section.
On motion of Mr. Trout,
Resolved, That the committee of privileges and elections enquire
into the expediency of changing the place of voting in Big Lick pre¬
cinct, Roanoke county, from the house of the late Benjamin H. Frank¬
lin, deceased, at Gainsborough, to the storehouse of A. Pettyjohn, at
Big Lick depot; and report by bill or otherwise.
On motion of Mr. Clark,
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of amending the charter of the town of
Danville.
JOURNAL OF THE HOUSE OF DELEGATES.
141
On motion of Mr. Patterson,
Resolved, That the committee of roads and internal navigation he
instructed to enquire into the expediency of transferring to the county
court of Franklin county so much of the Pittsylvania, Franklin and
Botetourt turnpike, and also so much of the Lynchburg, Franklin and
Floyd turnpike as lie within the limits of the said county of Franklin.
On motion of Mr. Wooldridge,
Resolved, That the committee for courts of justice enquire into
the expediency of extending the time for redemption of land sold for
taxes.
Mr. Watkins introduced
A bill for the relief of colleges; which was referred to the commit-
mittee of schools and colleges.
Mr. "Wilson introduced
A bill to incorporate the planters loan association; which was re¬
ferred to the committee of propositions and grievances.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate was ready on its part
to proceed to the execution of the joint order.
The Speaker appointed the following gentlemen a committee on
the part of the house to count the joint votes: Messrs. Jones, Browning,
Holmes, Mosby and Fields.
Mr. Watkins moved that the house, with the consent of the senate,
will proceed to the election of an auditor of public accounts; and the
question being on agreeing thereto, was put, and decided in the af¬
firmative.
Ordered, That Mr. Watkins inform the senate thereof.
Mr. Garnett nominated William F. Taylor.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that William F. Taylor was the
only gentleman put in nomination in the senate for the office of audi¬
tor of public accounts.
Ordered, That Mr. Garnett inform the senate that no additional
nomination had been made.
The roll was then called, with the following result:
For Mr. Taylor—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker,
Bowles, Braxton, Brown, Browning, Cabell, A. J. Clark, W. T, Clark, Childress, Daniel,
Davis, Davison, Davidson, Deskins, Dickenson, Dunnington, Ellis, English, Evans, Fields,
Garnett, Garrett, Gibboney, Glendy, Graham, Grattan, Graves, Hancock, Harris,^ ITans-
brough, Hardy, Harnsberger, Herndon, Holmes, Hurst, Jackson, Jones, Joynes, Kellam,
Kendrick, Kilby, Lee, Long, Mann, Marshall, Martin, McDonald, Magill, Merritt, Miller,
Moore, Morgan, Morris, Mosby,'Newberry, Owen, Parsons, Pate^ Patterson, Peed, Pen¬
dleton, Powell, Purdy, Ragsdale, Riggs, Rixey, Robertson, Scott, Sea well, Smith, Stearns,
Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W. A.
Turner, Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz, Woodson, Wooldridge,
Word and Wyatt—96.
The committee on the part of the house subsequently, by their
chairman, reported as follows:
Whole number of votes cast, - 127
Hecessary to a choice, » - - 64
Mr. Taylor received 127
142
JOURNAL OF THE HOUSE OF DELEGATES.
William F. Taylor having received a majority of the votes cast;
was declared duly elected auditor of public accounts.
Mr. Woodson moved that the senate be informed that the house of
delegates will now proceed to fill, in succession, the offices of treasurer
and secretary of the commonwealth; and the motion being on Agree¬
ing thereto, was put, and- decided in the affirmative.
Ordered, That Mr. Woodson inform the senate.
Mr. Bently nominated for the office of treasurer, William H.
Gray of the county of Loudoun.
Mr. Dickenson nominated Francis J. Smith.
A message was received from the senate by Mr. Meade, who in¬
formed the house of delegates that Messrs. Joseph T. Logan, John
S. Calvert, William H. Gray and Francis J. Smith were in nomina¬
tion before the senate.
Mr. Z. Turner nominated John S. Calvert.
Mr. Woodson nominated Joseph T. Logan.
Mr. Woodson was requested to inform the senate of the readiness
of the house to take the vote, and that no additional nominations
had been made.
The roll was then called, with the following result:
For Mr., Calvert—Messrs. Baylor, Bowles, Braxton, Browning, Davidson, Deskins,
Gibboney, Graham, Graves, Hansbrough, Holmes, Hnrst, Jackson, Kilby, Lee, Long,
Marshal], Martin, McDonald, Morgan, Newberry, Pate, Patterson, Pendleton, Powell,
Purdv. Riggs, Sea well, Strayer, J. McDowell Taylor, Z. Turner, Wall, White and Wilson-34.
For Mr. Gray—Messrs. Akinson, Bently, A. J. Clark, Davison, Dunnington, Ellis,
English, Evans, Fields, Grattan, Hardy, Herndon, Jones, Joynes, Kellam, Magill, Merritt,
Morris, Owen, Peed, Rixey, Robertson, Scott, Smith, Waddell, Watkins and Word—27.
For Mr. Smith—Messrs. Booker, Brown, W. T. Clark, Daniel, Davis, Dickenson, Gar-
nett, Garrett, Hancock, Kendrick, Miller, Stearns, W. F. B. Taylor, Teeter, Townes, W.
A. Turner, Wood and Wooldridge—18.
For Mr. Logan—Messrs. Baldwin (Speaker), Bekem, Cabell, Childress, Glendy, Harris,
Harnsberger, Mann, Moore, Mosby, Parsons, Ragsdale, Thompson, Trout, Woodson and
Wyatt—16.
The committee on the part of the house subsequently, by their
chairman, reported as follows:
Whole number of votes cast, - - 126
Necessary to a choice, - 64
Mr. Logan received - - - - 19
Mr. Smith received - 23
Mr. Gray received - 30
Mr. Calvert received - - - - 54
No person having received a majority of all the votes cast, there
was no election.
Mr. Logan's name was dropped, under the rule of the house.
Mr. Dickenson withdrew the name of F. J. Smith.
Ordered, That Mr. Z. Turner inform the senate thereof.
Mr. Harnsberger nominated Joseph T. Logan.
Ordered, That Mr. Harnsberger inform the senate thereof.
The roll was again called, with the following result:
For Mr. Calvert—Messrs. Baylor, Bowles, Braxton, Browning, W. T. Clark Davidson,
Deskins, G.bboney, Graham, Graves, Hancock. Hansbrough, Holmes, Hurst, Jackson,
Kilby, Lee, Long, Marshall, Martin, McDonald, Morgan, Newberry, Pate, Patterson, Pen-
JOURNAL OF THE HOUSE OF DELEGATES.
143
dleton, Powell, Purdy, Riggs, Seawell, Straver, J. McDowell Taylor, Townes, Z. Turner
Wall, White, Wilson and Wooldridge—38.
For Mr. Logan—Messrs. Baldwin (speaker), Childress, Dickenson, Glendy, Harnsber-
ger, Kendrick, Mann, Moore, Parsons, Teeter, Thompson, Trout, Woltz and Woodson—14.
For Mr. Gray—Messrs. Atkinson, Bekem, Bently, Booker, Brown, Cabell, A. J. Clark,
Daniel, Davis, Davison, Dunnington, Ellis, English, Evans, Fields, Garnett, Garrett, Grat-
tan, Harris, Hardy, Herndon, Jones, Joynes, Kellam, 'Magill, Merritt, Miiler, Mosby,
Owen, Peed, Ragsdale, Rixey, Robertson, Scott, Smith, Stearns, W. F. B. Taylor, W. A.
Turner, Waddell, Watkins, Wood, Word and Wyatt—43.
The committee on- the part of the house subsequently, by their
chairman, reported,as follows:
Whole number of votes cast, - * - 126
Necessary to a choice, - 64
Of which Mr. Logan received - 17
Mr. Gray received - - - • ■- 50
Mr. Calvqrt received - 59
No person having received a majority of all the votes cast, and
Mr. Logan's name having been dropped under the rule of the house,
the roll was again called, with the following result:
For Mr. Gray—Messrs. Atkinson, Bekem, Bently, Booker, Brown, Cabell, A. J. Clark,
Childress, Davis, Davison, Dickenson, Dunnington, Ellis, English, Evans, Fields, Garnett,
Garrett, Grattan, Harris, Hardy, Herndon, Jones, Joynes, Kellam, Kendrick, Merritt,
Miller, Moore, Mosby, Owen, Parsons, Peed, Ragsdale, Rixey, Robertson, Scott, Smith,
Stearns, W. F. B. Taylor, Teeter, Trout, W. A. Turner, Waddell, Watkins, Woltz, Wood,
Word and Wyatt—49.
For Mr. Calvert—Messrs. Baldwin (speaker), Baylor, Bowles, Braxton, Browning, W.
T. Clark, Daniel, Davidson, Deskins, Gibboney, Glendy, Graham, Graves, Hansbrough,
Harnsberger, Holmes, Hurst, Jackson, Kilby, Lee, Long, Mann, Martin, McDonald, Mor¬
gan, Newberry4Pate, Patterson, Pendleton, Powell, Purdy, Riggs, Seawell, Straver, J.
McDowell Taylor, Thompson, Townes, Z. Turner, Wall, White, Wilson and Wood¬
son—42.
The committee on the part of the house subsequently, by their
chairman, reported as follows:
Whole number of votes cast, - - 122
Necessary to a choice, - 62
Mr. Calvert received - 63
Mr. Gray received - - - 59
Mr. Calvert having received a majority of all the votes cast, was
declared duly elected treasurer.
The house proceeded to the election of a secretary of the common¬
wealth.
Mr. Hansbrough nominated Alexander J. Marshall.
Mr. Evans nominated P. F. Howard.
Mr. Ellis nominated Charles H. Lewis.
A message was received from the senate by* Mr. Eobinson, who in¬
formed the house of delegates that the senate was ready to proceed
to the election of a secretary of the commonwealth.
Mr. Cabell nominated Bolivar Christian.
Mr. Ragsdale submitted the following resolution:
Resolved, That, with the consent of the senate, the further con¬
sideration of the joint order of the day be postponed until to-morrow
at half-past twelve o'clock; and the question being on agreeing thereo,
'was put, and decided in the negative.
144
journal or the house of delegates.
Ordered, That Mr. Garnett inform the senate that the house of
delegates are ready to proceed to the election of a secretary of the
commonwealth, and that the following gentlemen are in nomination
for that office:
Messrs. Alexander J. Marshall, P. F. Howard, Charles H. Lewis
and Bolivar Christian.
Mr. Dickenson submitted the following resolution:
Resolved, That, with the consent of the senate, the further execu¬
tion of the joint order be postponed until to-morrow at one o'clock;
and the question being on agreeing thereto, was put, and decided in
the affirmative.
Ordered, That Mr. Dickenson carry the same to the senate, and re-'
quest their concurrence.
Mr. Kellam moved that the house adjourn; and the question being
on agreeing thereto, was put, and decided in the negative.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had concurred in the
resolution of the house in relation to the postponement of the further
execution of the joint order.
On motion of Mr. Joynes, the house adjourned until to-morrow,
twelve o'clock.
THURSDAY, January 11, 1866.
Prayer by Rev. George Woodbridge of the Episcopal church.
A communication from the senate, by their clerk, was read as fol¬
lows:
In senate, January 10, 1866.
The senate have passed house bills entitled:
An act to provide for the erection and maintenance of jails, No. 25.
An act to amend and re-enact section 3 of chajDter 3 of the Code,
No. 37. ^ ^
An act to repeal certain sections of the Code, concerning the elec¬
tion of judges, No. 26.
An act to amend and re-enact the 14th section of chapter 130 of
the Code of 1860, No. 29.
The Speaker appointed the following gentlemen as a committee on
the part of the house to report bills to carry into effect the provisions
of the report of the committee of conference on the subject of public
printing : Messrs. Waddell, Word, Dunnington, Evans and Jones.
Mr. Wall, from the committee of privileges and elections, reported
the following resolution:
Resolved, That ten copies of the Code of 1860 be furnished by the
librarian to the clerk of the house of delegates, for the use of the
members; and the question being oh agreeing thereto, was put, and
decided in the affirmative.
JOURNAL OF THE HOUSE OF DELEGATES.
145
Mr. Joynes, from the committee for courts of justice, reported the
following hills, which were read a first time, and, ordered to be read a
second time:
No. 90, A hill amending and re-enacting the act of July 26, 1861,
amending and re-enacting the 1st section of chapter 150 of the Code
of 1860.
No. 91, A hill to amend and re-enact the 5th section of chapter
151 of the Code of Virginia, as to the attachment of steamboats and
other vessels found within the jurisdiction of this state.
Mr. Watkins, from the committee of schools and colleges, reported
the following bill, which was read a first time, and ordered to he read
a second time:
No. 92, A hill providing for the sale of lands or scrip donated hy
congress for education.
A message was received from the senate hy Mr. Gilmer, who in¬
formed the house of delegates that the senate had passed a senate
hill entitled an act for the relief of the estate of William Mitchell,
jr., deceased, No. 45.
Said hill was read a first and second times, and referred to the com¬
mittee for courts of justice.
Mr. Garnett, from the committee of propositions and grievances,
reported
No. 93, A hill to incorporate the Virginia insurance, loan and
trust company; which was read a first time, and ordered to be read a
second time.
Mr. Ellis introduced the following hill, which was referred to the
committee for courts of justice.
A hill to allow the number of members of fire companies in cities
and towns to be increased.
No. 74, An engrossed hill to authorize the Mechanicsville turnpike
company to borrow, money, was read a third time and passed.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
The order of the day, being the case of Mr. Pollard, charged with
a breach of the privileges of the house, came up for consideration.
Mr. Pollard appeared at the bar of the house, in discharge of his
recognizance: whereupon, hy his counsel, he asked a further post¬
ponement of his trial on account of the absence of witnesses.
Mr. Pendleton moved that the further consideration of the case he
postponed until Saturday, the 20th instant; and the question being
on agreeing thereto, was put, and decided in the affirmative.^
Mr. Grattan moved that Mr. Pollard he allowed to enter into a re¬
cognizance in the penalty of $1000 for his appearance on the 20th
instant; and the question being on agreeing thereto, was put, and
decided in the affirmative.
On motion of Mr. Gibhoney,
Resolved, That a select committee be appointed to report a bill
makin0* provision for the ,payment of witnesses in the cases of Messrs.
Tyler,°Coleman and Pollard, charged with a breach of the privileges
19
146
JOURNAL OF THE HOUSE OF DELEGATES.
of the house; and the question heing on agreeing thereto, was put,
and decided in the affirmative.
The Speaker appointed the following as a committee under the
resolution: Messrs. Z. Turner, Herndon, Wood, Gibboney and Hans-
brough.
Mr. Hansbrough presented two letters from certain gentlemen in
relation to a stay law; which were referred to the committee for courts
of justice.
Mr. Smith presented the petition of the faculty of William and
Mary college, asking for an appropriation of money to that institu¬
tion; which was referred to the committee of schools and colleges.
Mr. Evans presented the memorial of the committee of the faculty
of the medical college of Virginia; which was referred to the commit¬
tee of schools and colleges.
Mr. Graham presented the memorial of the stockholders of the
Bank of Rockbridge, in regard to the condition of that institution;
which was referred to the committee on banks.
Mr. Wilson presented the petition of V. G. Dunnington, sergeant
of the city of Lynchburg, and as such, jailor, asking for payment of
prison fees; which was referred to the committee of claims.
On motion of Mr. Ragsdale,
Resolved, That the committee on finance be instructed to enquire
what prices are now ibeing paid for printing the journal of the house
of delegates, the bills ordered by the house to be printed from day to
day, and by whose order this work is now done, and who are the par¬
ties who do it; and report without delay.
On motion of Mr. Hancock, t
Resolved, That the committee of claims enquire into the propriety
of remunerating P. E. Anderson, the appointed physician to attend
the jail of Chesterfield county, for medical services rendered to a pri¬
soner of said jail.
On motion of- Mr. Robertson,
Resolved, That the committee on agriculture and manufactures
enquire into the expediency of making Neabsco and Powell's creeks,
in the county of Prince William, lawful fences, beginning at points
one hundred yards from the public road known as the old Telegraph
road, and extending therefrom, in an eastwardly direction, to the Po¬
tomac river; and report by bill or otherwise.
On motion of Mr. Atkinson,
Resolved, That the committee for courts of justice be instructed
to enquire into the expediency of amending section 2 of chapter 101
of the Code of 1860, so as to read as follows:
^ If any person shall shoot, hunt, range, fish or fowl on the lands
or in the water courses owned by another person, without license from
the owner; or shall shoot or hunt along any public road, he shall for¬
feit to the informer twenty-five dollars for the first offence, and fifty
dollars for the second offence. Where any person is convicted a third
time of said offence, the justice rendering judgment therefor shall re¬
quire him to give a recognizance,- with good security, for his good he-
JOUIlNAL OF THE HOUSE OF DELEGATES!
147
havior for a year, or if he fail to give such security, commit him to
jail for one month, unless it be sooner given. Such recognizance shall
he forfeited, if such person offend as aforesaid within the time limited
in the recognizance. Such offenders may be arrested, and their cases
tried and disposed of according to the fifth section of this chapter."
Mr. Dunnington introduced
A bill to incorporate the Prince William mining and manufacturing
company; which was referred to the committee on agriculture and
manufactures.
Mr. English presented a communication from the city council of
Alexandria; which was referred to the committee of propositions and
grievances.
No. 16, A bill amending and re-enacting chapter 213 of the Code
of Virginia, reorganizing the penitentiary, was taken up, and read a
second time; and the question being on engrossing the bill to be read
a third time,
Mr. Word moved to amend the bill by adding after the word "sup¬
plies," in the 58th line of the 28th section, the following words : "and
selling the manufactures of the penitentiary;" and the question being
on agreeing thereto, was put, and decided in the affirmative.
Mr. Word moved further to amend the bill by adding after the
word "clerk," in the 60th line of the 28th section, the following
words: "and salesman, with a salary of fifteen hundred dollars;" and
the question being on agreeing thereto, was put, and decided in the
negative.
Mr. Gfarnett moved to amend the bill by striking out all of the 28th
section after the word "months," in the 57th line of the said section.
Mr. Word moved to amend the part of the bill proposed to be
stricken out by adding after the word " penitentiary," in the 62d line
of the 28th section, the following words: "and sell the manufactures
of the same in such place of business in the city of Richmond as the
said superintendent may, with the consent of the governor, rent for
the purpose." Pending the consideration of which,
A message was received from the senate by Mr. Coleman, who in¬
formed the house of delegates that the senate was ready to proceed
to the execution of the joint order, as far as it relates to the election
of a secretary of the commonwealth.
The hour of one o'clock having arrived, the order of the day, being
the execution of the joint order, so far as relates to the election of a
secretary of the commonwealth and a second auditor, came up.
Ordered, That Mr. White inform the senate that the house of dele¬
gates are ready to proceed to the execution of the joint order, so far
as relates to the election of a secretary of the commonwealth.
A message was received from the senate by Mr. Coleman, who in¬
formed the house of delegates that the following gentlemen were in
nomination before the senate:
Messrs. Alexander J. Marshall, Philip F, Howard, Bolivar Chris¬
tian and Charles H. Lewis.
148
JOURNAL OF THE HOUSE OF DELEGATES.
Mr. Dickenson demanded the previous question; which, having
been seconded, was sustained by the house.
Mr. G-arnett was then ordered to inform the senate that the follow¬
ing; gentlemen are in nomination before the house of delegates:
Messrs. Alexander J. Marshall, Philip P. Howard, Bolivar Chris¬
tian and Charles H.Lewis.
The roll was called, with the following result: ■
For Mr. Marshall—Messrs. Bently, Browning, Davison, English, Graham, Graves,
Harnsbrough, Kellam, Marshall, Magill, Newberry, Pendleton, Purdy, Rixey, J. McDow¬
ell Taylor, Z. Turner, Wall and Wilson—18.
For Mr. Howard—Messrs. Atkinson, Bekem, Bowles, Evans, Grattan, Hancock, Harris,
Herndon, Lee, Smith, Watkins, White, Wooldridge and Wyatt—14.
For Mr. Christian—Messrs. Baldwin (speaker), Baylor, Cabell, A. J. Clark, Deskins,
Dunnington, Glendy, Jackson, Long, Mann, Moore, Mosby, Owen, Pate, Peed, Powell,
Ragsdale, Riggs, Strayer and Waddell—20.
For Mr. Lewis—Messrs. Booker, Braxton, Brown, W. T. Clark, Childress, Daniel, Da¬
vis, Dickenson, Ellis, Fields, Garnett, Garrett, Gibboney, Gray, Hardy, Harnsberger,
Holmes, Hurst, Jones, Joynes, Kendrick, Kilby, Lewis, Martin, McDonald, Merritt,
Miller, Morgan, Morris, Parsons, Patterson, Robertson, Scott, Seawell, Stearns, W. F. B.
Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Woltz, Wood, Woodson and
Word—45.
The committee on the part of the house subsequently, by their
chairman, reported as follows:
Whole number of votes cast, - - 128
Necessary to a choice, - 65
Mr. Marshall received - 27
Mr. Lewis received - 60
Mr. Howard received - 18
Mr. Christian received - 23
No person having received a majority of all the votes cast, there was
consequently no election.
The name of Philip F. Howard was dropped under the rule.
Mr. Watkins nominated John M. Herndon.
A message was received from the senate by Mr. Trout, who in¬
formed the house of delegates that the name of Mr. Howard had been
dropped, and that the following gentlemen only were in nomination
before the senate: Messrs. Marshall, Lewis and Christian.
Mr. Kilby nominated Washington L. Riddick.
A' message was received from the senate by Mr. Washington, who
informed the house of delegates that the name of John M. Hern¬
don had been added to the list of nominations in the senate.
Ordered, That Mr. Watkins inform the senate that the house was
ready to proceed to another ballot, and that the name of Wash¬
ington L. Riddick had been added to the list of nominations in the
house of delegates.
The roll was then called, with the following result:
For Mr. Marshall—Messrs. Browning, Davison, English, Graham, Graves, Harris, Mar¬
shall, Magill, Pendleton, Rixey, J. McDowell Taylor, Z. Turner, Wall and Wilson—14.
For Mr. Christian—Messrs. Baldwin (speaker), Atkinson, Baylor, Bowles, Cabell, A]
J. Clark, Glendy, Grattan, Jackson, Lee, Moore, Owen, Strayer and Waddell—14.
For Mr. Lewis—Messrs. Booker, Braxton, Brown, W. T. Clark, Childress, Davis,
Dickenson, Ellis, Garnett, Garrett, Gibboney, Hardy, Harnsberger, Jones, Joynes, Ken-
JOURNAL OF THE HOUSE OF DELEGATES.
149
drick, Lewis, Martin, Merritt, Miller, Morris, Mosby, Parsons, Pate, Patterson, Robert¬
son, Scott, Seawell, Stearns, W. F. B. Taylor, Teeter, Thompson, Townes, Woltz, Wood
Woodson and Word—37. '
For Mr. Herndon—Messrs. Bekem, Bently, Deskins, Dunnington, Evans, Gray, Han¬
cock, Harris, Harnsbrough, Herndon, Long, Mann, McDonald, Morgan, Newberry, Pow¬
ell, Ragsdale, Riggs, Smith, Trout, W. A. Turner, Watkins, White, Wooldridge and Wy-
att—25.
For Mr. Riddick—Messrs. Daniel, Fields, Holmes, Hurst, Kellam, Kilby, Peed and
Purdy—8.
The committee on the part of the house subsequently, by their
chairman, reported as follows:
Whole number of votes cast, - - 128
Necessary to a choice, - - - 65
Mr. Marshall received - - ' - 26
Mr. Herndon received - 26
Mr. Christian received - "17
Mr. Eiddick received - 10
Mr. Lewis received - 49
No person having received a majority of all the votes cast, there
was consequently no election.
The name of Mr. Eiddick was dropped under the rule.
A message was received from the senate by Mr. Kello, who informed
the house of delegates that the name of Mr. Eiddick had been dropped.
Ordered, That Mr. Merritt inform the senate that the house was
ready to proceed to another ballot, and that the name of Mr. Eiddick
had been dropped.
The roll was then called, with the following result:
For Mr. Marshall—Messrs. Davison, English, Kellam, Marshall, Purdy, Rixey, J.
McDowell Taylor, Z. Turner, Wall and Wilson—10.
For Mr. Herndon—Messrs. Bekem, Bently, Browning, Deskins, Dunnington, Evahs,
Graham, Gray, Hancock, Harris, Iiansbrough, Herndon, Hurst, Kilby, Lee, Long, Mann,
McDonald, Morgan, Newberry, Pendleton, Ragsdale, Riggs, Smith, W. A. Turner, Wat-
kins, White, Wood, Wooldridge and Wyatt—30.
For Mr. Christian—Messrs. Baldwin (speaker), Atkinson, Baylor, Bowles, Cabell,
A. J. Clark, Glendy, Grattan, Graves, Jackson, Moore, Owen, Peed, Powell, Strayer and
Waddell—16.
For Mr. Lewis—Messrs. Booker, Braxton, Brown, W. T. Clark, Childress, Daniel, Da¬
vis, Dickenson, Ellis, Fields, Garnett, Garrett, Gibboney, Hardy, Harnsberger, Holmes,
Jones, Joynes, Kendrick, Lewis, Martin, Merritt, Miller, Morris, Mosby, Parsons, Pate,
Patterson, Robertson, Scott, Seawell, Stearns, W. F. B. Taylor, Teeter, Thompson,
Townes, Trout, Woltz, Woodson and Word—40.
The committee on the part of the house subsequently, by their
chairman, reported as follows:
Whole number of votes cast, - - 127
Necessary to a choice, - - - 6'4
Mr. Lewis received - 55
Mr. Marshall received - 23
Mr. Herndon received - 31
Mr. Christian received - 18
No person having received a majority of all the votes cast, there
was consequently no election.
The name of Mr. Christian was dropped under the rule.
Ordered, That Mr. Word inform the senate that the name of Mr.
150
JOURNAL OF THE HOUSE OF DELEGATES.
Christian had been dropped, and that no other nomination had been
made.
The roll was again called, with the following result:
For Mr. Lewis—Messrs. Bently, Booker, Braxton, Brown, W. T. Clark, "Childress, Da¬
vis, Dickenson, Ellis, Fields, Garnett, Garrett, Gibboney, Hardy, Harnsberger, Holmes,
Hurst, Jones, Joynes, Kendrick, Lewis, Martin, Merritt, Miller, Morris, Mosby, Parsons,
Pate, Patterson, Robertson, Scott, Seawell, Stearns, W. F. B. Taylor, Teeter, Thompson,
Townes, Trout, Woltz, Wood, Woodson and Word—42.
For Mr. Herndon—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bowles,
Browning, Cabell, A. J. Clark, Daniel, Deskins, Dunnington, Evans, Glendy, Graham,
Grattan, Gray, Hancock, Harris, Hansbrough, Herndon, Kilby, Lee, Long, Mann, Mc¬
Donald, Moore, Morgan, Newberry, Owen, Peed, Pendleton, Powell, Purdy, Ragsdale,
Riggs, Smith, W. A. Turner, Waddell, Watkins, White, Wooldridge and Wyatt—42.
For Mr. Marshall—Messrs. Davison, English, Graves, Jackson, Kellam, Marshall, Ma-
gill, Strayer, J. McDowell Taylor, Z. Turner, Wall and Wilson^-12.
The committee on the part of the house subsequently, by their
chairman, reported as follows:
Whole number of votes cast, - - 127
Necessary to a choice, - 64
• Mr. Marshall received „ _ _ 24
Mr. Lewis received - - - 58
Mr. Herndon received - 45
No person having received a majority of all the votes cast, there
was consequently no election.
The name of Mr. Marshall was dropped under the rule.
Ordered, That Mr. Robertson inform the senate that the name of
Mr. Marshall had been dropped, and that no other nomination had
been made.
A message was received from the senate by Mr. Coleman, who in¬
formed the house of delegates that the name of Mr. Marshall had
been dropped; that the senate was ready to proceed to another ballot,
and that no other nomination had been made.
The roll was then called, with the following result:
For Mr. Lewis—Messrs. Booker, Braxton, Brown, W. T. Clark, Childress, Davis, Dick¬
enson, Ellis, Fields, Garnett, Garrett, Gibboney, Hardy, Harnsberger, Holmes, Hurst,
Joynes, Kendrick, Lewis, Martin, Magill, Merritt, Miller, Morris, Mosby, Parsons, Pate,
Patterson, Rixey, Robertson, Scott, Seawell, Stearns, W. F. B. Taylor, Teeter, Thomp¬
son, Townes, Trout, Woltz, Wood, Woodson and Word—42.
For Mr. Herndon—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently,
Bowles, Browning, Cabell, A. J. Clark, Daniel, Davison, Deskins, Dunnington, English,
Evans, Glendy, Graham, Grattan, Graves, Gray, Hancock, Harris, Hansbrough, Hern¬
don, Jackson, Jones, Kellam, Kilby, Lee, Long, Mann, Marshall, McDonald, Moore, Mor¬
gan, Newberry, Owen, Peed, Pendleton, Powell, Purdy, Ragsdale, Riggs, Smith, Strayer,
J .-McDowell Taylor, W. A. Turner, Z. Turner, Waddell, Wall, Watkins, White, Wilson,
Wooldridge and Wyatt—55.
The committee on the part of the house subsequently, by their
chairman, reported as follo"ws:
Whole number of votes cast, - - 127
Necessary to a choice, - 64
Mr. Lewis received - 60
Mr. Herndon received - 67
Mr. Herndon having received a majority of all the votes cast, was
declared duly elected secretary of the commonwealth.
. On motion of Mr. Watkins, the house adjourned till to-morrow,
twelve o'clock.
JOURNAL OF THE HOUSE OF DELEGATES.
151
FRIDAY, January 12, 1866.
Prayer by Rev. Dr. Woodbridge of the Episcopal church.
The Speaker laid before the house the following communication
from the \ governor of the commonwealth, which, on motion of Mr.
Watkins, was referred to the committee on lunatic asylums:
To the Senate and House of Delegates of Virginia:
Gentlemen:
It is represented to me that there has been
certain irregularities in the conduct of the board of directors of the
lunatic asylum at Williamsburg. I have not sufficient information
to detail to you all of the particulars of these irregularities, but I
think the subject is of sufficient importance to ask at your hands a
full investigation of all matters connected with the institutions where¬
in the state has had representatives since the 1st of June 1850. In
examination of the law, the executive has not sufficient power to
reach and remedy evils complained of.
F. H. Peirpoint.
Mr. Joynes, from the committee for courts of justice, reported back
No. 43, A senate bill entitled an act declaring the city of Ports¬
mouth a part of the first judicial division, and declaring valid all le¬
gal proceedings heretofore had in the circuit court of said city, &c.,
with amendments, with a recommendation that the bill do not pass.
The first amendment (as follows) proposed by the committee for
courts of justice, came up for consideration:
Strike out in the 11th line of the bill the following words: "and
concerning."
The question being on agreeing thereto, was put, and decided in
the affirmative.
The question being on ordering the bill to its third reading, was
put, and decided in the negative.
Resolved, That the bill be rejected.
Ordered, That the clerk inform the senate thereof.
On motion of Mr. Bently, the report of the committee for courts
justice in relation to senate bill No. 43, was laid on the table.
Mr. Wall, from the committee of privileges and elections, reported
the following bills, which were read the first time, and ordered to be
read a second time:
No. 94, A bill changing the place of voting at Big Lick, in the
county of Roanoke.
No. 95, A bill declaring the house of W. B. L. Vaughan, in the
county of Pittsylvania, an election precinct.
No. 96, A bill declaring the house of Captain R. D. Seaman, in
Nelson county, an election precinct.
A message was received from the senate by Mr. Coleman, who in¬
formed the house of delegates that the senate had passed a house bill
152
JOURNAL OF THE HOUSE OF DELEGATES.
entitled an act to authorize the Mechanicsville turnpike company to
borrow money, No. 74.
Mr. Garnett, from the committee of propositions and grievances,
reported the following hills, which were read the first time, and or¬
dered to be read a second time:
No. 97, A bill 'to incorporate the Whitehall mining and manufac¬
turing company.
No. 98, A bill to amend and re-enact 'the 6th and 9th sections of
an act entitled an act to amend and re-enact the act entitled an act
amending the charter of the town of Danville, passed March 4,1854,
and incorporating into one all acts amendatory thereof, passed De¬
cember 15, 1865.
No. 99, A bill to incorporate the Mantua coal mining company.
No. 100, A bill incorporating the town of Port Republic, in the
county of Rockingham..
No. 101, A bill authorizing the county court of Norfolk county to
borrow money, and for other purposes.
Mr. Grarnett, from the same committee, presented the following re¬
ports, which were agreed to:
The committee of propositions and grievances have, according to
order, had under consideration a resolution to enquire into the expe¬
diency of appropriating a moderate sum to procure artificial limbs for
indigent disabled soldiers, &c.} and beg leave to report that they deem
it inexpedient to legislate on this subject, and respectfully ask to be
discharged from the further consideration of the same.
The committee of propositions and grievances have, according to
order, had under consideration a resolution to enquire into the expe¬
diency of remunerating P. E. Anderson, the appointed physician to
attend the jail of Chesterfield county, for medical services rendered
to a prisoner in said jail, and respectfully beg leave to report that they
deem it inexpedient to legislate on this subject, and ask leave to be
discharged from further consideration of the same.
The committee of propositions and grievances have, according to
order, had under consideration a resolution to enquire into the expe¬
diency of giving some expression of the general assembly to the fede¬
ral government as to the want of mail facilities in jjarts of Yirginia,
and also into the expediency of requesting the federal government to
modify the oath to be taken by postmasters, and beg leave respect¬
fully -to report that they deem it inexpedient to take any action on
this subject, and beg leave to be discharged from the further conside¬
ration of the same.
Mr. Graham, from the committee of roads and internal navigation,
presented the following report, and documents accompanying the same,
which were ordered to be printed:
The committee of roads and internal navigation, to whom was re¬
ferred the resolution of the house of delegates to enquire into the
expediency of reviving the charter of the Yirginia canal company,
respectfully report that, recognizing the subject referred to them as
one of great public interest, your committee requested the president
JOUKNAL OF THE HOUSE OF DELEGATES.
153
of the James river and Kanawha company to furnish any information
in his possession in regard to the ability and disposition of the French
company to fulfil the stipulations of their contract. The president,
in compliance with their request, having submitted various documents
and statements, your committee present a report of the substance of
his remarks, together with some of the documents furnished by him,
for the information of the house.
The committee cannot forbear to add, that the subject appears to
them - to be eminently entitled to the favorable consideration of the
general assembly. The completion of the water line to the Ohio
river, on the plan proposed by the Virginia canal company, would
more than realize the anticipations of the original projectors and
friends of this great improvement. It would take rank with the chief
sources of the wealth of the state, even in a time of greatest pros¬
perity; but at present, when the finances of the state are enhanced
by a desolating war, when her agricultural resources are depressed by
the sudden overthrow of her industrial system, and her internal im¬
provements are incomplete and unproductive, this enterprise, by the
introduction of foreign capital and labor, will infuse new life into
every department of industry. During its progress it would be of
inestimable advantage; and its final completion would restore Vir¬
ginia to her original prosperity, and enable her to resume her position
as one of the first states in the Union in wealth and influence.
The committee present herewith a bill to amend and re-enact the
act entitled an act to incorporate the Virginia canal company, and to
transfer the rights and franchises of the James river and Kanawha
company thereto', passed March 29, 1861.
Mr. G-raham, from the same committee, reported the following bill
(mentioned in report), which was read the first time, and ordered to
be read a second time.
No. 102, A bill to amend and re-enact the act entitled an act to in¬
corporate the Virginia canal company, and to transfer -(he rights and
franchises of the James river and Kanawha company thereto, passed
March 29, 1861.
Mr. Grattan, from the committee on finance, reported the following
bills, which were read the first time, and ordered to be read a second
time:
No. 103, A bill for the payment of a sum of money to John A.
Compton, constable of Rappahannock county.
No. 104, A bill for the payment of a sum of money to William A.
Lillard, jailor of Rappahannock county.
Mr. Watkins, from the joint committee on the library, reported a
resolution to furnish a copy of the Code to each member of the gen¬
eral assembly; which was read a first time; and on motion of Mr.
Woodson (two-thirds of the members elect concurring), the rule was
suspended, and the resolution was read a second time, and ordered to
be engrossed to be read a third time. »
Mr. Z. Turner, from the select committee appointed to report a bill
authorizin°" the payment of witnesses in the cases of Messrs. Tyler,
20
154
JOURNAL OF THE HOUSE OF DELEGATES.
Coleman and Pollard, charged with a breach of the privileges of the
house, reported 4
No. 105, A bill directing the auditor of public ^ accounts to issue
his warrant upon the treasury in certain cases; which was read a first
time; and on motion, the rule was suspended (two-thirds of the mem¬
bers elect concurring), and the bill was read a second time, and or¬
dered to be engrossed to be read a third time.
The bill being forthwith engrossed, on motion of Mr. Z. Turner,
the rule was suspended (two-thirds of the members elect concurring),
and the bill was read a third time.
The question being—Shall the bill pass?
On motion of Mr. Atkinson, the bill was laid on the table.
Mr. Wilson, from the joint committee on the 3d article of the con¬
stitution, presented the following report:
The joint committee of the senate and house of delegates, to whom
was referred the resolution for the appointment of a joint committee
to consider whether it is necessary or proper to further alter or amend
the third article of the constitution, have had the same under consid¬
eration, and directed us to report the following ordinance as the result
of their deliberations, a majority of the committee of each house hav¬
ing approved the same.
Which is respectfully submitted.
A. S. Gray,
Ch'n of Senate Committee.
David A. Wilson,
Ch'n of House Committee.
An ordinance to alter and amend the third article of the constitution;
which was read the first time, and ordered to be read a second time.
No. 16, A bill amending and re-enacting chapter 213 of the Code
of Virginia, reorganizing the penitentiary, being the unfinished busi¬
ness of yesterday, came up for consideration.
» The question being on the amendment of Mr. Word,
Mr. Sea well moved that the pending bill be postponed to enabb
him to move to take up the report of the committee for courts of jus¬
tice, in relation to the expiration of the terms of office of the judges
and other officers appointed by the governor of this commonwealth.
Pending which,
Mr. Evans moved that the bill and amendments be laid on the ta¬
ble; and the question being on agreeing thereto, was put, and decided
in the affirmative.
On motion of Mr. Seawell, the report of the committee for courts
of justice, in relation to the expiration of the terms of office of the
judges, &c., was taken up and concurred in. •
Mr. Gibboney introduced the following bill, which was referred to
the committee of roads and internal navigation:
A bill to authorize the Virginia and Tennessee railroad company to
borrow money.
On motion of Mr. Seawell, leave of absence was granted to Mr.
Davis for to-morrow.
JOURNAL OF THE HOUSE OF DELEGATES.
155
On motion of Mr. Joynes, leave of absence was granted to Mr.
Watkins for three days.
Mr. Z. Turner presented a printed document in relation to the
Orange and Alexandria railroad; which was referred to the commit¬
tee of roads and internal navigation.
No. 60, A bill separating the office of the secretary of the com¬
monwealth and librarian, and prescribing the duties of these officers,
came up for consideration.
The question being on the engrossment of the bill,
Mr. Watkins moved to amend the bill by adding after the word
" commence," in the third line of the fourth section, the following
words: " on the first day of the month succeeding the first election
held under this act, and in succeeding elections thereafter;" and the
question being on agreeing thereto, was put, and decided in the affirm¬
ative.
Mr. Watkins moved further to amend the bill by adding after the
third section the following as an independent section:
" The secretary of the commonwealth shall annually prepare and
cause to be printed an abstract of such existing laws in reference to
elections as may be necessary to be known by .commissioners and other
officers conducting elections, with references to the pages, chapters
and sections of the Code and Acts of Assembly wherein said laws are
published, defining the duties of said officers, together with the oaths
and blank forms of making the polls and returns of elections, and
shall furnish to the clerks of the several county and corporation courts
a sufficient number of copies thereof for each place of voting in each
county or corporation; and the said clerks shall deliver one copy there¬
of to the commissioner or officer conducting said election at each pre¬
cinct;" and the question being on agreeing thereto, was put, and de¬
cided in the affirmative.
Mr. Watkins moved to further amend the bill by adding at the end
of the 9 th section the following words: "and to each judge of the
circuit courts of this commonwealth, and to the judge of the hustings
court of the city of Richmond;" and the question being on agreeing
thereto, was put, and decided in the affirmative.
Mr. Watkins moved further to amend the bill by adding at the end
of the 12th section the following words: "under the direction of the
joint committee on the library." '
Mr. G-rattan moved to amend the bill by adding after the word
" committee," in the 2d line of the 15th section, the following words:
" consisting of three members of each house;" and the question be¬
ing on agreeing thereto, was put, and decided in the affirmative.
Mr. Watkins moved to amend the bill by striking out in the 3d and
4th lines of the 19th section the following words: "and such other
officers of the government as the library committee may deem proper;"
and the question being on agreeing thereto,
Mr. Wood moved the indefinite postponement of the bill; and the
question being on agreeing thereto.
156
JOURNAL OF THE HOUSE OF DELEGATES.
Mr. Bently demanded the previous question, which was seconded,
and the question being—Shall the main, question be now put? was
put, and decided in the affirmative.
The question recurring on agreeing to the indefinite postponement
of the bill,
Wr/Watkins demanded the ayes and noes, which was sustained
by the house; and the roll was called, with the following result:
Ayes—Messrs. Baylor, Bently, Booker, Brown, W. T. Clark, Childress, Daniel, Davis,
Deskins, Fields, Garnett, Garrett, Gibboney, Glendy, Graham, Grattan, Hancock, Hans-
brough, Hardy, Harnsberger, Jackson, Joynes, Kellam, Kendrick, Kilby, Langhorne,
Lewis, Long, Martin, McDonald, Miller, Moore, Morgan, Morris, Mosby, Newberry, Owen,
Parsons, Pate, Patterson, Peed, Pendleton, Powell, Ragsdale, Riggs, Rixey, Scott, Sea-
well, Smith, Stearns, Strayer, W. F. B. Taylor,- Teeter, Thompson, Townes, Trout, W. A.
Turner, White, Wilson, Woltz, Wood, Wooldridge and Word—63.
• Noes—Messrs. Baldwin (speaker), Atkinson, Bekem Bowles, Browning, Cabell, Dick¬
enson, Dunnington, Ellis, English, Evans, Graves, Harris, Herndon, Holmes, Hurst, Jones,
Lee, Mann, Marshall, Magill, Merritt, Purdy, Robertson, Straughan, J. McDowell Taylor,
Z. Turner, Waddell, Wall, Watkins and Wyatt—31.
On motion of Mr. Grattan,
No. 92, A bill for the assessment of persons, property, income and
salaries, was made the order of the day (two-thirds concurring) for
Wednesday, the 17th instant, at one 'o'clock, and to continue from
day to until disposed of.
No. 63, A bill to amend and re-enact the 4th section of chapter
141 of the Code, came up for consideration.
Mr. Grattan moved to amend the bill by adding after the word
"interest," in the 19th line, the following words: "-But this proviso
shall not apply to any debt or loan of money, or the deed of trust or
mortgage given to secure it, where the real estate upon which the
deed of trust or mortgage is given, is situated within a city or town
having a population at the time the deed is given of five hundred
white male inhabitants over the age of twenty-one years, to be ascer¬
tained by the books of the commissioner or assessor of the revenue of
the-city or town for that year;" and the question being on agreeing
thereto, was put, and decided in the negative.
Onmiotion of Mr. Kellam, the bill was laid upon the table.
No. 64, A bill to amend and re-enact the 19 th section of chapter
14 of the Code, came up for consideration.
The question being on ordering the bill to be engrossed to be read
a third time, was put, and decided in the affirmative.
On motion of Mr. Dunnington (two-thirds concurring),
No. 71, A bill to authorize the county courts to borrow money, was
taken up out of its order on the calendar, read a second time, and
ordered to be engrossed to be read a third time.
The following bills were read a second time, and ordered to be en¬
grossed to be read a third time: N
No. 66, A bill, amending section 46, chapter 85 of the Code, con¬
cerning expenses of conveying lunatics, &c.
No. 67, A bill amending section 33, chapter 184 of the Code, con¬
cerning officers' fees for taking care of criminals.
JOUKNAL OF THE HOUSE OF DELEGATES.
157
A bill to incorporate the Atlantic dock and iron company, was read
a second time; and the question being on the engrossment and third
reading of the bill,
Mr. Z. Turner moved that the bill be laid on the table; and the
question being on agreeing thereto,
Mr. A. J. Clark demanded the previous question; which was se¬
conded and sustained; but the house refused to lay the bill upon the
table. > _ 1
The question recurring on ordering the bill to be engrossed to be
read a third time, was put, and decided in the affirmative.
Joint resolution in relation to the land tax and other imposts, and
taxes levied by the congress of the United States, came up for con¬
sideration.
The question being on agreeing to the substitute submitted by the
committee on finance, was put, and decided in the affirmative.
The question being on ordering the joint resolution, as amended, to
he engrossed to be read a third time, was put, and decided in the af¬
firmative.
On motion of Mr. Clark of Pittsylvania,
Eesolved, That the committee on lunatic asylums enquire what
legislation is necessary to secure" the more efficient discharge^of the
duties of the directors and others connected with the lunatic asylums
of this commonwealth; and report by bill or otherwise.
On motion of Mr. Evans,
Resolved, That the committee of propositions and grievances be
instructed to enquire into the expediency of requiring the railroad
companies in this state, under penalty, to have their ticket offices,,
passenger and baggage cars open at least one hour before the time of
starting of their trains; and that the committee report by bill or
otherwise.
On motion of Mr. Rixey,
Resolved, That the committee of roads and internal navigation
enquire into the expediency of transferring to the county court of
Fauquier so much of the Salem Station and Rappahannock turnpike
as may he located in said county.
On motion of Mr. Atkinson,;
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of making the purchaser of stolen pro¬
perty responsible to the real owner of the property stolen for double
its value, unless he shows that he had sufficient reason to believe the
vendor's title to be good.
On motion of Mr. Watkins,
Resolved, That the committee on the penitentiary enquire into
the expediency of providing by law, that the superintendent shall
keep a record of the conduct of each convict; and for each month
that a convict appears by such record to have faithfully observed all
the rules of the prison, and not to have been subjected to punishment,
there shall be deducted from the time of sentence, for every month of
good conduct, a limited number of days: that such record shall, when
158
JOURNAL OF THE HOUSE OF DELEGATES.
called for, be submitted to tbe governor, that the same may be con¬
sidered in the exercise of such executive clemency on behalf of any
convict as may be deemed conducive to the interests of the prison,
and promotive of the welfare of the convicts.
On motion of Mr. Evans,
Resolved, That the committee of roads and internal navigation be
instructed to enquire into the expediency of requiring by law that
the Virginia and Tennessee railroad company, the South Side railroad
company, the Richmond and Danville railroad company and the Nor¬
folk and Petersburg railroad company shall transport all freight re¬
ceived by them for transportation, without any change of cars at any
point on either of said roads, or at the junction of any two or more
of said roads; and that said committee enquire whether the present
rate of charges for transportation of freight on either of said railroads
be too high; and if so, to provide for a reasonable reduction of such
charge; and that the committee report by bill or otherwise.
Mr. Bently moved that the house adjourn; and the question being
on agreeing thereto, was put, and decided in the negative.
Mr. Herndon introduced '
A bill to incorporate the insurance and savings company of Vir¬
ginia ; which was referred to the committee of propositions and
grievances.
Mr. Mann introduced
A bill incorporating the Virginia iron mining and manufacturing
company, in the counties of Bath and Alleghany; which was refer¬
red to the committee of propositions and grievances.
Mr. Garnett moved that
No. 43, A bill to incorporate the Virginia trust, loan and immi¬
gration company be taken up; and the question being on agreeing
thereto, was put, and decided in the negative.
On motion of Mr. Smith, the house adjourned until to-morrow,-
twelve o'clock.
SATURDAY, JANUARY 13, 1866.
Prayer by Rev. George Woodbridge of the Episcopal'church.
A communication from the senate, by their clerk, was read as fol¬
lows:
In senate, January 12, 1866.
The senate have passed bills entitled:
An act to amend the first section of chapter eighteen of the Code,
in relation to the appointment of certain officers at the seat of gov¬
ernment, No. 44.
An act to authorize the circuit court of Halifax county to rehear
the case of Spragins vs. Spragins, No. 47.
In which they respectfully request the concurrence of the house of
delegates.
JOURNAL OF THE HOUSE OF DELEGATES.
159
Mr. Joynes, from the committee for courts of justice, reported the
following bills, which were read the first time, and ordered to he read
a second time: %
No. 106, A hill 'to amend and re-enact section 6 of chapter 16 of
the Code.
No. 107, A hill to amend and re-enact section 4, and to repeal
section 2 of chapter 101.
No. 108, A hill to provide more effectually for the punishment of
horse stealing.
No. 109, A hill to confirm the acts of courts /held at improper
places in certain cases.
No. 110, A hill to amend and re-enact section 11 of chapter 192
of the Code.
Mr. Garnett, from the committee of propositions and grievances,
reported the following hill, which was read the first time, and ordered
to he read a second time:
No. Ill, A hill for the relief of L. A. Miller, and John G-. Miller,
late sheriff of Frederick county.
Mr. Pendleton, from the committee of claims, presented the fol¬
lowing report: *
The committee of claims have, according to order, had under con¬
sideration the petition of Hundley & Cance, to have an account paid
to them for bread furnished to the Virginia penitentiary in 1863 and
1864; and also a resolution to enquire into the expediency of paying
to James W. Crawford and others the amounts due them for supplies
furnished to the penitentiary during the late war; also the petition of
John W. Paulette, for payment of a certain claim for salt contracted
to be delivered to petitioner by the state of Virginia in 1864; also a*
resolution to enquire into the expediency of reporting a hill providing
for the payment of a claim due Robert H. Richardson for bacon and
lard furnished to the penitentiary in 1865; also the petition of S. H.
Loving, clerk of the county court of Nelson county, to have a sum of
money paid to him for attendance as a witness in a prosecution for
felony in the year 1864 and 1865; also the petition of V. G. Dun-
nington, sergeant of the city of Lynchburg, and as such, jailor, ask¬
ing for the payment of prison" fees for the year 1864 and 1865—and
have adopted the following resolution:
Resolved, That the legislature, in the opinion of this committee,
is prohibited, by the 27th section of the 4th article of the constitu¬
tion, from providing for the payment of the aforesaid claims, and
therefore respectfully ask -to he discharged from the further conside¬
ration of the same.
Mr. Baylor moved that the report he laid on the table and printed;
and the question being on agreeing thereto, was put, and decided in
the negative.
On motion of Mr. Baylor, the report was laid on the table. ^
Mr. Graham, from the committee of roads and internal navigation,
presented the following report, which, on motion of Mr. Garnett, was
laid on the table and ordered to be printed:
160
JOUKNAL OF THE HOUSE OF DELEGATES.
The committee of roads and internal navigation of the house of
delegates of Virginia have had under consideration the " memorial of
Charles W. Button and others, asking that the general assembly will
pass such resolutions or acts as will speedily restore the management
of the Orange and Alexandria railroad company to the hands of the
president and directors appointed by the meeting held November 15th,
1865," referred to the committee on the 13th day ot December 1865,
and recommend the adoption of the following resolution:
Resolved by the general assembly, That John S.. Barbour was
elected president of the Orange and Alexandria railroad, at a meeting
of the stockholders held in the city of Alexandria on the 15th and
16th days of November 1865, under a call for a meeting published by
the board of public works of Virginia, and that Robert A. Coghill,
William G-. Cazenove, William D. Hart and Daniel F. Slaughter
were also duly elected directors on the part of the private stockholders,
and the board of public works should not longer run the road at the
expense of the state, and under the- management of their own ap¬
pointed agents, but that the " property and works " of said company
be at once turned over by said board of public works to the president
and directors above named.
Mr. Patterson, from the committee on the armory, reported the fol¬
lowing bill, which was read the first time, and ordered to be read a
second time:
No. 112, A bill authorizing the governor to lease out the armory
grounds, and provide barracks for the public guard, &c.
No. 44, A senate bill entitled an act to amend the 1st section of
chapter 18 of the Code, in relation to the appointment of certain offi¬
cers at the seat of government, was read a first and second times, and
referred to the committee for courts of justice.
Mr. G-rattan introduced
A bill charging upon the public treasury certain allowances hereto¬
fore authorized to be made out of the library fund; which was referred
to the joint committee on the library.
No. 47, A senate bill entitled an act to authorize the circuit court
of Halifax county to re-hear the case of Spragins vs. Spragins; which
was read a first and second times.
The question being on tile commitment of the bill, was put, and
decided in the negative.
On motion of Mr. Herndon, the bill was committed to the com¬
mittee for courts of justice.
%On motion of Mr. Purdie,
Resolved, That the select joint committee on oysters be instructed
to enquire into the expediency of amending and re-enacting the 101st
chapter of the Code, by engrafting thereon the following, viz: The
resident owners or occupiers of lands in this commonwealth, whose
lands are bounded, in whole or in part, by water courses suitable for
planting oysters, shall have the exclusive privilege, during his or her
ownership or occupancy, of using the shallows fronting his or her
lands, to the distance of feet from low water mark, for the pur-
JOURNAL OF THE HOUSE OF DELEGATES.
161
pose of planting oysters: and any infringement of this privilege by
another person shall be deemed a trespass, and dealt with according
to law. t
That the county courts shall be authorized to rent out all other
shallows suitable for planting oysters, to resident citizens of the state,
on the payment of dollars per acre per annum, to be used for
such purpose and no other, and on giving bond with sufficient security
in the penalty of dollars, conditioned that he or she will not
violate or evade any of the laws relating to oysters; and it shall be
the duty of the county surveyor to measure and mark out any such
parcel of said shallows, when so directed by the presiding justice of
hi& county; and for his services shall receive the usual fees allowed by
law for surveying, to be paid by the rentor; and no part of the water
courses shall be considered as shallows where the depth 6f water at
low tide is greater than feet.
Mr. Hansbrough submitted the following preamble and resolution,
which were agreed to:
Whereas republican forms of government are fit only for enlight¬
ened and virtuous communities, and built on other foundations are
"as sounding brass or a tinkling cymbal:" and whereas the people
of King George and Stafford are unable to educate their children in
even the primary branches of learning: Therefore,
Resolved, That the committee of schools and colleges be instructed to
consider the propriety of authorizing the county court of King George
and the county court of Stafford, each, to borrow the sum of $ 5,000
for the purpose of educating the children of said counties. The sums
so borrowed to be repaid by a fair, ratable and equitable levy on their
respective counties, at such times and in such instalments as their
wisdom may dictate—all the justices having beert summoned for that
purpose, and a majority being present and consenting.
On motion of Mr. Miller,
Resolved, That the committee for courts of justice enquire into the
expediency of increasing the pay of commissioners of the revenue and
commissioners in chancery an amount equal to the depreciation of
currency during the existence of the stay law.
On motion of Mr. Z. Turner, #
Resolved, That the committee on finance be instructed to enquire
intd the expediency of reporting a bill to prevent the keeper of the
rolls of the commonwealth, or such other officer as may have charge
of said subject, from delivering to any corporation, or any agent or
member of such corporation, chartered by the general assembly du¬
ring its present session, any copy of such charter, until such time as
such corporation shall have paid, in the manner prescribed by law,
all taxes, if any, assessed, by way of bonus or premium, upon such
charter by the general assembly during its present session.
No. 45, A senate bill entitled an act for the relief of the estate of
William Mitchell, jr., deceased, was read a third time and passed.
Ordered, That the clerk inform the senate thereof.
21
162
JOURNAL OF THE HOUSE OF DELEGATES.
The following engrossed hills were read a third time and passed:
No 64, An engrossed bill entitled an act to amend and re-enact the
19th section of chapter 14 of the Code.
No. 66, An engrossed bill entitled an act amending section 46,
chapter 85 of the Code, concerning expenses of conveying luna¬
tics, &c.
No. 67, An engrossed bill entitled an act amending section 33,
chapter 184 of the Code, concerning officers' fees for taking care of
criminals.
No. 68, An engrossed bill entitled an act to incorporate the At¬
lantic dock and iron company.
No. 71, An engrossed bill entitled an act to authorize the couhty
courts to borrow money.
Ordered4, That the clerk communicate the same to the senate, and
request their concurrence.
A joint resolution in relation to the land tax and other imposts and
taxes levied by the congress of the United States, was read a third time
and passed.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
Joint resolution to furnish a copy of the Code to each member of the
general assembly, was read a third time and passed—ayes 77; noes 10.
The vote was recorded as follows:
Ayes—Messrs. Baylor, Bekem, Bently, Booker, Bowles, Brown, Browning, Cabell, A.
J. Clark, W. T. Clark, Childress, Daniel, Davison, Deskins, Dickenson, Dunnington Ellis,
English, Evans, Fields, Garnett, Garrett, Gihboney, Glendy, Graves, Hancock, Harris,
Hansbrough, Hardy, Harnsberger, Herndon, Holmes,-Jackson, Jones, Joynes, Kendrick,
Kilby, Lee, Lewis, Mann, Marshall, Martin, McDonald, Magill, Merritt, Miller, Moore,
Morgan, Morris, Newberry, Owen, Parsons, Patterson, Peed, Powell, Ragsdale, Riggs,
Rixey, Robertson, Seawell, Smith, Strayer, W. F. B. Taylor, Teeter, Thompson, Townes,
Trout, W.A.Turner, Z. Turner, Waddell, White, Wilson, Woltz, Wood, Word andWyatt—77.
Noes—Messrs. Baldwin (speaker), Atkinson, Grattan, Pate, Pendleton, Purdy, Scott,
J. McDowell Taylor, Wall and Wooldridge—10.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
No. 69, A bill amending and re-enacting section five of chapter one
hundred and fifty-seven of the Code of Virginia, in relation to the ju¬
risdiction of the corporation court of the city of Norfolk, and creating
the office of judge of the said court, was read a second time. %
On motion of Mr. Joynes, the bill was amended by inserting after
the word "corpus," in the fifty-fifth line, the word "certiorari."
Mr. Ellis moved to amend the bill by striking out the whole of the
second section, and inserting in lieu thereof the following:
" This act shall go into operation as soon as the same shall be ap¬
proved by the select and common councils of the city of Norfolk."
The question being on agreeing thereto, was put, and decided in the
affirmative.
_ The bill, as amended, was ordered to be engrossed to be read a third
time.
JOURNAL OF THE HOUSE OF DELEGATES.
163
Mr. Herndon introduced
A bill to incorporate the Virginia land and immigration company;
which was referred to the committee of propositions and grievances.
Mr. Davison introduced amendments to the stay law; which were
referred to the committee for courts of justice.
Mr. Davison presented petition of John B. Norris, in relation to the
stay law; which was referred to the committee for courts of justice. -
Mr. Wood moved that a select committee he appointed to report a
bill providing for the employment of females to execute certain copying.
The Speaker appointed the following as the committee: Messrs.
Garnett, Lee, W. A. Turner, Childress and Biggs.
Mr. Garnett, from the select committee, reported
No. 13, A bill providing for the employment of females to execute
certain copying; which was read a first, and (two-thirds of the mem- '
bers elect concurring), a second time.
The question being on ordering the bill to be read a third time,
On motion of Mr. Woodson, the bill was laid on the table.
No. 70, A bill to incorporate the Southern accident insurance com¬
pany, was read a second time.
The question being on the engrossment of the bill,
On motion of Mr. Grattan, the bill was amended by striking out, in
the 20th and 21st lines, the following words: "or to promote the object
and design of this corporation."
On motion of Mr. Joynes, the bill was amended by striking out all of
the 6th section, after the word " directors " in the 6th line.
The words stricken out are as follows: " And said officers so ap¬
pointed, shall not, by reason of their being' stockholders in said com¬
pany, be incapacitated from giving evidence in any suit in which said
company may be a party." /
On motion of Mr. Grattan, the bill was further amended by strik¬
ing out, in the 1st line of the 4th section, the words "real estate."
The bill, as amended, was then ordered to be engrossed to be read
a third time.
Mr. Woodson introduced
A bill to incorporate the Mt. Crawford toll bridge company, in the
county of Kockingham; which was referred to the committee of pro¬
positions and grievances.
Mr. Jones introduced
A bill to take the sense of King_ & Queen county upon the ques¬
tion of the removal of the seat of justice of said county, and author¬
ize the county court of said county to borrow money to rebuild its
courthouse, jail and clerk's office; which was referred to the commit¬
tee of propositions and grievances-
Mr. Graham presented a memorial of the Lexington bar; which
was referred to the committee for courts of justice.
Mr. Evans introduced
A bill to incorporate the Bichmond academy of medicine; which
was referred to the committee of propositions and grievances.
164 journal of the house of delegates.
On motion of Mr. Garrett, leave of absence was granted to Mr.
Martin for four days.
On motion of Mr. Grattan, leave of absence was'granted to Mr.
Lee for Monday.
No. 73, A bill to amend the charter of the city of Richmond, was
read a second time. ^
On motion of Mr. Grattan, the bill was amended by striking out
the 3d section, and inserting in lieu thereof the following:
■ " This act shall be in force when it shall have been adopted, by a
majority of the voters of the city of Richmond who shall vote upon
it. And the council of the city of Richmond shall provide for the
taking of said vote at the next municipal election in said city."
The bill was then ordered to be engrossed to be read a third time.
No. 75, A bill to provide for keeping in repair the public roads,
was read a second time, and on motion of Mr. Ellis, recommitted.
Mr. Martin introduced'
A bill to amend and re-enact sections 32, 33 and 34 of chapter 49
-of the Code of Virginia; which was referred to the committee for
courts of justice.
On motion of Mr. Kilby, the house adjourned until Monday, twelve
o'clock.
MONDAY, January 15, 1866.
Prayer by Rev. Mr. Michelbacker of the Jewish synagogue.
Mir. Garnett, from the committee of propositions and grievances,
reported the following bills, which were read the first time, and or¬
dered to be read a second time:
No. 114, A bill to incorporate the Virginia immigration company
No. 115, A bill to require the railroad companies of Virginia to
have their ticket offices and cars open one hour before the departure
of every passenger train.
No. 116, A bill to amend the charter of the city of Alexandria.
No. 117, A bill to incorporate the Richmond academy of medicine.
No. 118, A bill to incorporate the insurance and savings company
of Virginia.
Mr. Graham, from the committee of roads and internal navigation,
reported back
No. 46, A senate bill entitled an act extending the time for re¬
building the toll bridge at Buchanan, in Botetourt county, under the
charter granted to James Cartmill and John F. Wood, by an act of
the general assembly entitled an act authorizing James Cartmill and
John F. Wood to erect a toll bridge across James river, passed Feb¬
ruary 17, 1819, with amendments.
On motion of Mr, Word, the bill and amendments were laid on the
table.
JOURNAL OF THE HOUSE OF DELEGATES. 165
Mr. Graham, from the same committee, presented the following re¬
port, which was agreed to:
The committee of roads and internal navigation have had under
consideration resolutions referred to them to enquire into the expe¬
diency of dividing the state into districts for the election of a hoard
of public works, and have come to the conclusion that no legislation
upon the subject is necessary at this time, and therefore respectfully
ask to be discharged from the further consideration thereof.
Mr. Evans, from the select committee on the subject of public
printing, reported
* No. 119, A bill to amend and re-enact the provisions of the Code
of 1860, and the acts subsequent thereto, in regard to the public
printer and the public printing; which was read the first time, and
ordered to be read a second time.
The following engrossed bills were read a third time and passed:
No. 69, An engrossed bill entitled an act amending and re-enacting
section 5 of chapter 157 of the Code of Virginia, in relation to the
jurisdiction of the corporation court of the city of Norfolk, and cre¬
ating the office of judge of said court.
No. 70, An engrossed bill entitled an act to incorporate the South¬
ern accident insurance company.
No. 73, An engrossed bill entitled an act to amend the act passed
March 18th, 1861, entitled an act to amend the charter of the city of
Richmond.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
The following bills were read a second time, and ordered to be en¬
grossed to be read a third time:
No. 77, A bill to amend and re-enact section 29 of chafpter 151 of
the Code.
No. 78, A bill to amend and re-enact section 7 of chapter 158 of
the Code of Virginia, in relation to the adjourned terms of the circuit
court of the city of Norfolk.
No. 81, A bill to incorporate the Virginia white lead, paint an
oil company.
No. 82, A bill to incorporate the Virginia iron and manufacturing
company.
No. 83, A bill to amend the charter of the insurance company of
the Valley of Virginia.
No. 84, A bill to incorporate the Johnston insurance company of
Danville, Virginia.
No. 79, A bill to provide for recording the losses of property sus¬
tained by the operations of war during the . late war, was read a se¬
cond time.
On motion of Mr. Z. Turner, the bill was amended by inserting
after the word "same," in the 15th line, the following words: "in a
book kept for that purpose."
The bill was then ordered to be engrossed and read a third time.
No. 80, A bill requiring the banks of this commonwealth to go
166
JOURNAL OF THE HOUSE OF DELEGATES.
into liquidation, was read a second time, and on motion of Mr. Grat-
tan, laid on the table.
No. 85, A bill reorganizing the public guard, was read a second
time.
• Mr. Grattan submitted an amendment, in the nature of a sub¬
stitute.
The question being on agreeing to the substitute, was put, and
decided in the affirmative.
On motion of Mr. Grattan, the substitute was amended by adding
as an independent section (after the 4th section) the following:
" And be it further enacted, That the joint resolution passed on
thfe 15th day of December 1865, entitled an act to'provide for a tem¬
porary organization of the public guard, be and is hereby repealed;
and that the auditor of public accounts do pay out of any money in
the treasury, not otherwise appropriated, to the officers and men the
pay allowed them in said resolution."
The bill was then ordered to be engrossed and read a third time.
No. 86, A bill to require a deposit of securities to be made by
foreign insurance companies doing business in this state, was read a
second time, and on motion of Mr. Grattan, recommitted.
On motion of Mr. Straughan,
Resolved, That the committee for courts of justice be instructed to
enquire into the propriety of reporting a bill for staying the collection
of debts for a limited period, which shall contain substantially the
following provisions: -
1. That said bill shall apply only to those debts, liabilities and con¬
tracts which had been made and entered into and become due and
payable previous to the 2d day of January 1862.
(2. That on the 1st day of January 1867, the debtor shall pay one
year's interest on the whole amount due by him, and that the remain¬
der, including principal and interest, shall be divided into equal in¬
stalments, one instalment to be paid annually until the whole shall
have been paid—the first instalment to be paid on the 1st of Janu¬
ary 1868.
3. That all bonds, promissory notes, due bills and other evidences
of debt, shall constitute a lien upon the estate of the debtor, and
have the same force and effect as a lien obtained by judgment.
4. That the statute of limitations shall be repealed and rendered
null and void so far as they affect any debt, claim or demand which
was not barred by the statute on the 15th day of April 1861.
On motion of Mr. Gibboney,
Resolved, That the committee for courts of justice be instructed
to enquire into and report what legislation, if any, 'is necessary to se¬
cure greater promptitude in the transmission and delivery of messages
by telegraph companies.
On motion of Mr. Cabell,
Resolved, That the committee for courts of justice enquire into the
expediency of increasing the punishment for robbery and garroting.
Oh motion of Mr. Gibboney,
journal of the house of delegates.
167
Resolved, That the committee for courts of justice he instructed to
enquire into the expediency of giving to the circuit courts of .the
commonwealth exclusive power to grant charters to all companies
and public institutions; and report by bill or otherwise.
On motion of Mr. Hansbrough,
Resolved, That the committee for courts of justice be directed to
enquire into the propriety of amending section* 12, chapter 77 of the
Code, by inserting "two hundred" in the place of "thirty."
On motion of Mr. Gibboney,
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of repealing all laws creating inspections
of flour, tobacco, &c. &c.
On motion of Mr. Cabell,
Resolved, That the committee for courts of justice enquire what
legislation is necessary to authorize the abatement or scaling of spe¬
cific legacies in wills made during the late war.
On motion of Mr. Garnett, leave of absence was granted to Mr.
Booker.
On motion of Mr. Joynes, leave of absence was granted to Mr. El¬
lis until Friday.
Mr. Grattan, from the committee on finance, reported
No. 120, A bill amending the 38th chapter of the Code'(edition of
1860), in relation to the assessment of taxes on licenses; which was
read the first time, and ordered to be read a second time.
Mr. Grattan, from the same committee, presented the following re¬
port, which, on motion, was laid on the table.
The committee on finance have, in obedience to the order of the
house, enquired into the prices now being paid for printing the jour¬
nal of the house of delegates, and the bills ordered by the house to be
printed from day to day, and by whose order this work is now done,
and who are the parties who do it, and respectfully report:
That there being no public printer, and no printer of the'house, the
clerk, under the order of the house directing printing to be done, with
the approval of the Speaker, gave out the printing ordered to be done,
to J. E. Goode, the printer to the senate. This arrangement con¬
tinued until the recess of the general assembly. Since the recess, with
the approval of the Speaker, Mr. Goode has continued to print the
journal of the house, and the other printing ordered by the house has
been put out to Gary & Clemmifct.
The price charged for the printing is one dollar per thousand ems,
and one dollar per token, and twenty per cent, upon the cost of paper
at the mill. This applies to all the printing done for the house ex¬
cept the governor's message. Mr. Goode having been instructed by
the senate to print that document, printed it for the house without
the charge for the thousand ems contained in it.
All of which is respectfully submitted.
P. R. Grattan, Chairman.
168
JOURNAL OF THE HOUSE OF DELEGATES.
Mr. Hansbrough presented a letter in relation to fences and trespass
of stock, and repeal of the statute exempting citizens over 45 years of
age from work on the public roads; which was referred to the commit¬
tee of roads and internal navigation.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act conferring authority upon the councils of the city of Nor¬
folk in relation to the streets of said city, No. 55; in which they re¬
spectfully requested the concurrence of the house of delegates.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had passed a house bill
entitled an act providing for the punishment of vagrants, No. 38.
Mr. Wood introduced
A hill to incorporate the Virginia loan and trust company; which
was referred to the committee on finance.
On motion of Mr. Herndon,
No. 54, A hill to incorporate the insurance company of America,
(heretofore laid on the table), was taken up.
The question being on ordering the bill to be engrossed to be read a
third time,
On motion of Mr. Grattan, the bill was amended by striking out,
in the seventh and eighth lines of the second section,-the following
words : "to contract for reversionary payments."
On motion of Mr. A. J. Clark, the bill was further amended 1)y
striking out, in the sixth line of the fourth section, the. following
words: "or as the parties may agree."
On motion of Mr. Z. Turner, the bill was further amended by
striking out, in the fifth line of the fourth section, the words "and
proper."
Mr. Grattan moved further to amend the bill by striking out all of
the fourth section after the word " them," in the eleventh line.
The words proposed to be stricken out are as follows : "or for their
own use and convenience, or for the purposes next hereinafter indi¬
cated ; to aid and assist any party or parties desiring to immigrate to
this state with a view to their becoming residents thereof; and to that
end, to make contracts with such parties, or with other parties, or to
do any other act necessary and proper for the accomplishment of this
purpose, not inconsistent with the laws of this state or of the United
States."
The question being on agreeing thereto, Mr. Herndon moved to
amend the fourth section by adding at the end of it the words: "pro¬
vided, that this company shall at no time hold more than 10,000
acres of land;" which was agreed to.
The question recurring on agreeing to the amendment of Mr. Grat¬
tan, was put, and decided in the affirmative.
On motion of Mr. Joynes, the bill was further amended by adding
at the end of the fifth section the following words : "and payment of
any balance of subscription not called for as herein provided, shall at
all times be kept fully secured to the company, in such manner as the
president and directors shall prescribe."
JOURNAL OF THE HOUSE OF DELEGATE^. 169
^ Mr. Grattan moved tliat the hill be laid on the table; and the ques¬
tion being on agreeing thereto, was put, and decided in the negative.
On motion of Mr. Joynes, the bill was further amended by striking
out, in the fifth, sixth, seventh and eighth lines of the seventh section,
the following words: "and the said officers and other stockholders
shall not be incapacitated from giving evidence in any suit to which
said company may be a party, by reason of their being stockholders/'
On motion of Mr. J oynes, the bill was further amended by striking
out, in the second line of the eleventh section, the words " other than,"
and inserting in lieu thereof the word "'beyond."
Mr. Grattan moved further to amend the bill by striking out the
14th section, which reads as follows : "14. That the board of direc¬
tors shall have power to take premiums on risks, either wholly in cash
or wholly on credit, or part in cash and part on credit, as may be pro¬
vided for in their by-laws and regulations, and for the amount of the
credit premium to receive notes or bonds which shall be a lien in the
nature of a mortgage on any real estate upon which the property may
be that is insured, whether the. property insured be real, personal or
mixed, if the said real estate belong to the party insured; the lien to
take effect whenever the said company shall file with the clerk of the
county, wherein the property is situated, a memorandum of the name
of the individual insured, a description of said real estate, and the
amount of the premium note, to be docketed as judgments are by law
authorized to be docketed ; and it shall be the duty of said clerk to
docket the same, upon payment of the fee authorized by law for dock¬
eting a judgment."
The question being on agreeing thereto,
Mr. Herndon moved to amend the bill by inserting after the word
"estate," in the sixth line of the 14th section, the word "injured;"
and the question fieing on agreeing thereto, was put, and decided in
the affirmative.
Mr. Herndon moved, to amend the bill by striking out, in the sixth,
seventh and eighth lines of the 14th section, the words : "upon which
the property may be that is insured, whether the property insured be
real, personal or mixed, if the said real estate belong to the party in¬
sured ;" and the question being on agreeing thereto, was put, and de¬
cided in the affirmative.
Mr. Joynes moved to amend the bill by inserting after the word
"lien," in the fifth line of the 14th section, the words : "for the space
of twelve months;" and the question being on agreeing thereto, was
put, and decided in the affirmative.
The question recurring on agreeing to the amendment of Mr. Grat¬
tan (to strike out the 14th section), was put, and decided in the af¬
firmative.
, Mr. Dickenson movec. that the house adjourn; and the question be¬
ing on agreeing thereto, was put, and decided in the negative.
On motion of Mr. Z. Turner, the bill was further amended by add¬
ing at the end of the 16th section the following words : "but nothing
herein contained shall be so construed as to allow the commissioners
22
170 jdttrnal of the house of delegates.
named in - this act, or any other person or persons, to organize the
company herein provided for, until the amount of twenty-live thou¬
sand dollars of the capital stock thereof shall have heen iirst sub¬
scribed, and fully paid up' in money/'
The hill was then ordered to be engrossed to. be read a third time.
On motion of Mr. Morgan, the house adjourned until to-morrow, 12
o'clock.
—• . ■ - 4 <j i ' » ■ -
TUESDAY, January 16, 1866.
Prayer by Rev. Mr. Michelbacker of the Jewish synagogue.
A communication from the senate, by their clerk, was read as fol¬
lows:
In senate, January 15, 1866.
The senate have passed house bill entitled:
" An act in relation to circuit courts for corporations, No. 47.
Mr. Wall introduced
A bill for the relief of the. Winchester and Potomac railroad com¬
pany; which was referred to the committee of roads and internal
navigation.
Mr. Joynes, from the committee for courts of justice, reported back
No. 47, A senate bill entitled an act to authorize the circuit court
of Halifax county to rehear the case of Spragins vs. Spragins; which
was read a third time and passed.
Ordered, That the clerk inform the senate thereof.
Mr. Joynes, from the same committee, presented the following re¬
port, which was agreed to:
The committee for courts of justice have, according to order, had
under consideration a resolution directing them to enquire into the
expediency of repealing all laws creating inspections of flour, tobacco,
&c., and beg leave to report that the subject is proper for the consid¬
eration of the committee on agriculture and manufactures, and to
ask that they may be discharged from its further consideration.
Mr. Joynes, from the same committee, presented the following re¬
port, which, on motion of Mr. Graham, was laid on the table:
The committee for courts of justice have, according to order, had
under consideration the memorial of members of the Lexington bar,
praying that the graduates of Judge Brockenbrough's law school may
be allowed to practice law without being required to obtain a license,
and beg leave to report that it is inexpedient to grant the prayer of
the memorial.
Mr. Joynes, from the same committee, reported the following bills,
which were read the first time, and ordered to be read a second time:
No. 121, A bill to amend and re-enact section 5 of chapter 209 of
the Code of 1860.
No. 122, A bill to amend and re-enact section 12 of chapter 77 of
the Code of 1860. r
JOURNAL OF THE HOUSE OF DELEGATES.
171
No. 123, A bill to amend, re-enact and repeal certain sections of
the Code of Virginia, in relation to pilots.
No. 124, A bill to amend and re-enact the 25th and 27th sections
of chapter 92 of the Code of Virginia, relating to pilots.
Mr. W. T. Clark, from the committee on banks, moved that
No. 80, A bill requiring the banks of this commonwealth to go
into liquidation, be taken up from the table and be recommitted;
which was agreed to.
A message was received from the senate by Mr. Gait, who informed
the house of delegates that the senate had passed a bill entitled an
act incorporating the Warwick manufacturing company, in the city
of Richmond, No. 29; in which they respectfully requested the con¬
currence of the house of delegates.
The bill was read a first and second times, and referred to the com¬
mittee of propositions and grievances.
No. 55, A senate bill entitled an act conferring authority upon the
councils of the city of Norfolk in relation to the streets of said city,
was read a first and second times, and referred to the committee of
roads and internal navigation.
No. 54, An engrossed bill to incorporate the insurance company of
America, was read a third time and passed.
Ordered, That Mr. W. A. Turner carry the same to the senate, and
request their concurrence.
The following engrossed bills were read a third time and passed:
No. 77, An engrossed bill to amend and re-enact section 29 of chap¬
ter 151 of the Code.
No. 78, An engrossed bill to amend and re-enact section y7, chapter
158 of the Code of Virginia, in relation to the adjourned terms of
the circuit court of the city of Norfolk.
No. 81, An engrossed bill to incorporate the Virginia white lead,
paint and oil company.
No. 82, An engrossed bill to incorporate the Virginia iron and man¬
ufacturing company.
I No. 83, An engrossed bill to amend the charter of the insurance
company of the Valley of Virginia.
No. 79, An engrossed bill to provide for recording the losses of
property sustained by the operations of war during the late war.
No. 84, An engrossed bill to incorporate the Johnston insurance
company of Danville, Virginia.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
No. 79, An engrossed bill to provide for the recruiting of the pub¬
lic guard, was read a third time and passed—ayes 79.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Bekem, Bowles, Braxton, Brown, Brown¬
ing, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel, Davis, Davison, Deskins, Dicken¬
son, Dunnino'ton, English, Evans, Gibboney, Glendy, Graham, Grattan, Graves, Hairis,
Hansbrou°lC Hardy, Harmsberger, Herndon, Hurst, Jackson, Jones, Joynes, Kellam,
Kendrick,°Kilby, Lee, Lewis, Long, Mann, Marshall, McDonald, Magill, Merritt, Miller,
Moore, Morgan, Morris, Mosby, Newberry, Qwp, Parsons, Pate, Patterson, Peed, Pen-
172
JOURNAL OF THE HOUSE OF DELEGATES.
dleton, Powell, Purdy, Ragsdale, Riggs, Rixey, Robertson, Scott, Seawell, Smith, Stearns,
Straughan, W. F. B. Taylor, Teeter, Thompson, Trout, W. A. Turner, Z. Turner, Wad-
dell, Wall, White, Wilson, Woltz and Wyatt—79.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
On motion of Mr. Ragsdale,
Resolved, That the committee of propositions and grievances be
instructed to enquire into the expediency of compensating Coalman
D. Bennett, late sheriff of Pittsylvania county, for conveying two lu¬
natics to the Western lunatic asylum.
On motion of Mr. Woodson,
Resolved, That the committee for courts of justice enquire into the
expediency of providing by law for granting appeals and writs of su¬
persedeas in civil cases without security, where the party applying
for the same is unable to give security.
On motion of Mr. Woodson,
Resolved, That the committee for courts of justice enquire into the
expediency of conferring upon the county courts of this common¬
wealth the power of appointing persons to procession, and fix the 1
boundaries of the different tracts of land in the counties where re¬
cords have been lost or destroyed, according to the provisions of the
Revised Code of 1819.
On motion of Mr. Kilby,
Resolved, That the committee on finance enquire into the propriety
of funding all interest now due upon registered bonds only, due by
the state, and to provide means for the payment of the July interest
of said bonds.
On motion of Mr. Evans, '
Resolved, That the committee for courts of justice enquire into the
expediency of reporting a bill providing by law for the re-establishing
of the boundary lines of lands in counties where the records embra¬
cing the deeds have been wholly or partially destroyed, and for quiet¬
ing the title to such lands.
On motion of Mr. Newberry,
Resolved, That the committee on finance enquire into the expe¬
diency of so amending the law in making assessments as to require
the tax payers to meet the commissioners at their respective voting
precincts to give lists of their property; and report by bill or otherwise.
On motion of Mr. Braxton,
Resolved, That the committee for courts of justice enquire into the
expediency of amending the law so as to increase in amount the fees
of the clerks of the courts of this commonwealth.
On motion of Mr. Herndon,
Resolved, That the committee for courts of justice be requested to
enquire into the expediency of reporting a bill extending the time in
which lands sold for taxes may be redeemed.
Mr. Straughan presented the petition of Robert E. Jett, deputy
sheriff of Northumberland county; which was referred to the com¬
mittee of propositions nnd grievances.
JOURNAL OF THE HOUSE OF DELEGATES.
173
On motion of Mr. English., leave of absence was granted to Mr.
Lewis for three days.
Mr. Gibboney introduced a bill providing for the staying the col¬
lection of certain debts, &c.; which was referred to the committee for
courts of justice.
No. 87, A bill compensating Allen Bacon for services as jailor, was
read a second time, and on motion of Mr. Grattan, laid on the table.
Mr/ Mann presented the petition of A. J. Smith and others, asking
that a charter be granted to him to reconstruct, alter and repair the
Sweet springs and White ^sulphur springs turnpike; which was re¬
ferred to the committee of roads and internal navigation.
No. .88, A bill to incorporate the National insurance company of
"Virginia, was read a second time, and on motion of Mr. Grattan, laid
.on the table.
The following bills were read a second time, and ordered to be en¬
grossed to be read a third time:
No. 90, A bill amending and re-enacting the act of July 25,1861,
amending and re-enacting the 1st section of chapter 150 of the Code
of 1860.
No. 91, - A bill to amend and re-enact the 5th section of chapter
151 of the Code of Virginia, as to attachment of steamboats and
other vessels found within the jurisdiction of this state.
No. 94, A bill changing the place of voting at Big Lick, in the
county of Roanoke.
No. 95, A bill declaring the house of W. B. L. Vaughan, in'the
county of Pittsylvania, an election precinct.
No. 96, A bill declaring the house of Captain R. D. Seaman, in
Nelson county, an election precinct.
No. 97, A bill to incorporate the Whitehall mining and manufac¬
turing company.
No. 98, A bill to amend and re-enact the 6th and 9th sections of
an act entitled an act to amend and re-enact the act entitled an act
amending the charter of the town of Danville, passed March 4,1854,
and incorporating into one all acts amendatory thereof, passed Decem¬
ber 15, 1865.
No. 89, A bill relating to fences, and for the protection of crops,
was read a second time.
On motion of Mr. Davison, the bill was amended by striking out, in
the 7th line of the 3d section, the words "either in orout'of," and in¬
serting in lieu thereof the word " in."
On motion of Mr. Rixey, the bill was amended by adding after the
word "warrants," in the 8th line of the 4th section, the following:
"And upon a repetition of the offence, and for every succeeding one,
judgment shall be given for double the amount of damages sustained
by the complainant."
Mr. Joynes moved to amend the bill by adding after the word
"complainant" the following: "provided, that where the judgment of
the justice shall be for a sum exceeding fifty dollars, the defendant,
upon appeal to the county court, shall be entitled to demand a trial
174
JOURNAL OP THE HOUSE OF DELEGATES.
by jury in said court, and the appeal shall be according to said ver¬
dict, subject to the right of said court to set the verdict aside accord*
ing to the rules of law;" and the question being on agreeing thereto,
was put, and decided in the affirmative.
On motion of Mr. Rixey, the bill was amended by adding after the
word "thereof," in the 6th line of the 5th section, the following: "as
to any or all of the animals enumerated in this bill."
On motion of Mr. Davison, the bill was amended by striking out
the word " act," in the 6th line of the 5th section, and inserting in
lieu thereof the word " chapter."
On motion of Mr. Davison, the bill was amended by adding at the
end of the 5th section the following words: " nothing in this act shall
deprive the injured party of his action of trespass, when the dam¬
ages are laid in a sum exceeding the jurisdiction of a justice of the
peace."
On motion of Mr. Kellam, the bill was amended by adding after
the word " peace " the words " but this act shall not apply to the
county of Accomac." m
On motion of Mr. Garnett, the bill was amended by adding after
the word " act," in the 5th line of the 5th section, the words "or any¬
one or more of them."
On motion of Mr. Dunnington, the bill was amended by inserting
as an independent section, between the 5th and 6th sections, the fol¬
lowing: "that the act passed February 8, 1864, entitled an act for
the protection of crops in Fairfax, Alexandria and Prince William
counties, be and the same is hereby repealed."
The bill was then ordered to be engrossed to be read a third time.
No. 92, A bill providing for the sale of lands or scrip donated by
congress for education, was read a second time, and on motion of Mr.
A. J. Clark, laid on the table.
No. 93, A bill to incorporate the Virginia insurance, loan and trust
company, was read a second time.
On motion of Mr. Grattan, the bill was amended by striking out
all after the word " power," in the 1st line of the 3rd section, to the
word " to," in the 7th line of the said section.
The words stricken out were as follows: " to guarantee the pay¬
ment, punctual performance and collection of promissory notes, bills
of exchange, contracts, bonds, accounts, claims, rents, annuities,
mortgages, -choses in action, evidences of debt and certificates of pro¬
perty or value, and the titles to property, real or personal, upon such
terms as may be established by the board of directors of said com¬
pany."
On motion of Mr. Gibboney, the bill was laid on the table.
On motion of Mr. Grattan,
No. 58, A bill to incorporate the Richmond home insurance com¬
pany (heretofore laid on the table), was taken up.
Mr. Grattan moved to amend the bill by strilring out, in the 5th,
6th and 7th lines of the 3rd section, the following: " to contract for
reversionary payments, to gaurrantee the payment of promissory
JOURNAL OF THE HOUSE OF DELEGATES. 175
noteS, "bills of exchange and other evidences of debt;" and the ques¬
tion being on agreeing thereto, was put, and decided in the affirma¬
tive.
On motion of Mr. Joynes, the bill was amended by striking out
the 7th section.
The 7th section reads as follows:
" The secretary of the said company shall be a competent witness
in all suits for or against the said company, provided his interest in
said company shall not exceed fifty shares."
Mr. Joynes moved to amend the bill by striking out the 8th
section.
On motion of Mr, Grattan, the bill was amended by striking out,
in the 1st line of the 8th section, the words " president or secretary,"
and inserting in lieu thereof the word " directors."
On motion of Mr. Grattan, the bill was amended by striking out,
in the 2d line of the 8th section, the words " to sell," and inserting
in lieu thereof the words " upon ten days' notice, to sell at auction."
"The question recurring on agreeing to the amendment of Mr. Joyries
to strike out the 8th section, was put, and decided in the affirmative.
The bill was then ordered .to be engrossed to be read a third time.
On motion of Mr. Ragsdale, the house adjourned until to-morrow,
twelve o'clock.
WEDNESDAY, January 17, 1866.
Prayer by Rev. Mr. Michelbacker of the Jewish synagogue.
A communication from the senate, by their clerk, was read as fol¬
lows:
In senate, January 16, 1866.
The senate have passed house bills entitled:
An act to authorize the county court of Washington county to sell
the stock owned by said county in the Virginia and Tennessee rail¬
road company, No 56.
An act to authorize William H. Parker and others to obtain a grant
for certain land, No. 30.
And they have passed, with amendments, house bill entitled:
An act to authorize the county court of Washington county to
borrow a sum of money, No. 55.
They have agreed to a resolution in relation to the Orange and Al¬
exandria railroad. , # •
In which amendments and resolution they respectfully request the
concurrence of the house of delegates.
Mr. Graham, from the committee of roads and internal navigation,
reported the following bills, which were read the first time, and or¬
dered to be read a second time: ^
No. 125, A bill to amend and re-enact section 17 of chapter 64 of
the Code (edition of 1860).
176
JOUKNAL OF THE HOUSE OF DELEGATES.
No. 126, A bill for the relief of the Winchester and Potomac rail¬
road company.
No. 127, A bill to authorize the Virginia and Tennessee railroad
company to borrow money.
Mr. G-rattan, from the committee on finance, reported
No. 128, A bill to require payment of premiums upon charters;
which was read the first time, and ordered to be read a second time.
The amendments proposed by the senate to house bill entitled an
act to authorize the county court of Washington county to borrow a
sum of money, No. 55, were concurred it.
Ordered, That the clerk inform the senate thereof.
The joint resolution of the senate' in relation to the Orange and
Alexandria railroad, was read a first and second times, and committed
to the committee of roads and internal navigation.
The following engrossed bills were read a third time and passed.
No. 58, An engrossed bill to incorporate the Richmond home in¬
surance company.
'No. 91, An engrossed bill to amend and re-enact the 5th section
of chapter 151 of the Code of Virginia, as to the attachment of
steamboats and other vessels found within the jurisdiction of this state.
No. 95, An engrossed bill declaring the house of W. B. L. Vaughan,
in the county of Pittsylvania, an election precinct.
No. 94, An engrossed bill changing the place of voting at Big
Lick, in the county of Roanoke.
No. 96, An engrossed bill declaring the house of Captain R. D.
Seaman, in Nelson county, an election precinct.
No. 97, An engrossed bill to incorporate the Whitehall mining and
manufacturing company.
Ordered, That the clerk communicate the same to the senate, and
request their concurrence.
No. 89, An engrossed bill entitled an act relating to fences, and
for the protection of crops, was read a third time and. passed.
Ordered, That Mr. Atkinson carry the same to the senate, and re¬
quest their concurrence.
Mr. Grattan introduce^
A bill incorporating the stockholders of the Richmond and Peters¬
burg railroad connections company; which was referred to the com¬
mittee of roads and internal navigation.
No. 90, An engrossed bill amending and re-enacting the act of
July 25th, 1861, amending and re-enacting the 1st section of chapter
150 of the Code of 1860, was read a third time, and on motion of Mr,
Teeter, laid on the table.
No. 98, An engrossed bill entitled an act to amend and re-enact
the 6th and 9th sections of an act entitled an act to amend and re-
enact the act entitled an act amending the charter of the town of
Danville, passed March 4, 1854, and incorporating into one all acts
amendatory thereof, passed December 15th, 1865, was read a third
time and passed.
Ordered, That Mr. W. T. Clark carry the same to the senate, and
request their concurrence.
JOURNAL OF THE HOUSE OF DELEGATES.
177
Mr. Watkins introduced the petition of citizens of Appomattox,
asking the passage of an act preventing the distillation of grain;
which was referred to the committee on agriculture and manufactures.
Mr. Dunnington introduced
A hill to re-enact and amend the act entitled an act to incorporate
the American agency, passed 29th March 1861; which was referred
to the committee on finance.
No. 113, A hill providing for the employifient of females to execute
certain copying (heretofore laid on the table), was, on motion of Mr.
Garnett, taken up, and amended by adding after the word "price,"
in the 1st line of the 2d section, the words "not exceeding the fees
allowed the register of the land office for similar services."
The bill was then ordered to be engrossed to be read a third time.
The following bills were read a second time, and ordered to be en¬
grossed to be read a third time:
No. 99, A bill to incorporate the Mantua coal mining company.
No. 100, A bill incorporating the town of Port Republic, in the
county of Rockingham.
No. 101, A bill authorizing the county court of Norfolk county to
borrow money, and for other purposes.
No. 106, A bill to amend and re-enact section 6 of chapter 16 of
the Code.
No. 92, A bill proving for the sale of lands or scrip donated by
congress for education (heretofore laid on the table), was, on motion
of Mr. Watkins, taken up, and amended by inserting after the word
"deposit," in the 4th line of the 3d section, the words "once in each
month."
The bill was then ordered to be engrossed to be read a third time.
No. 103, A bill for the payment of a sum of money to John A.
Compton, constable of Rappahannock county, -was read a second time,
and on motion of Mr. Z. Turner, laid on the table.
A message was received from the senate by Mr. Lee, who informed
the house of delegates that the senate had passed house bill entitled
an act to authorize the county courts .to borrow money, No. 71.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed a bill entitled an
act authorizing fhe South Side railroad to borro.w money, No. 60; in
which ■ they respectfully requested the concurrence of the house of
delegates.
No. 104, A bill for the payment of a sum of money to William A.
Lillard, jailor of Rappahannock county, was read a second time, and
on motion of Mr. Z. Turner, laid on the table.
No. 107, A bill to amend and re-enact section 4, and to repeal sec¬
tion 2 of chapter 101, was read a second time.
- Mr. Dunnington moved that the bill be laid on the table; and the
question being on agreeing thereto, was put, and decided in kthe
negative.
Mr. Scott moved to amend the bill by striking out, in the lOth'and
11th iines the following words; "forfeit to the informer, in each in-
23
178
JOURNAL OF THE HOUSE OF DELEGATES.
stance, his gun, dogs, boat, and all bis shooting, hunting and fishing
apparatus and." Pending the consideration of which,
The hour of one o'clock having arrived, the special order of the day,
being
No. 72, A hill for the assessment of persons, property, income and
salaries, was taken up, and read a second time.
On motion of Mr. Ragsdale, the hill was amended by inserting af¬
ter the word "Loudoun," in the 3d line of the 1st section, the word
" Pittsylvania," and hy striking out the word " Pittsylvania," in the
8th and 9th lines of section 1.
On motion of Mr. Grattan, the hill was amended hy adding after
the word "total," in the 8thline of section 13, the words "or partial."
On motion of Mr. Grattan, the hill was amended hy adding after
the word "interest," in the 15th line of the 30th section, the words
"or to such of them as may he in the county or corporation."
Mr. Woodson moved to amend the hill hy striking out, in the 2d
and 3d lines of section 39, the words "other than farm fences;" and
the question being on agreeing thereto, was put, and decided in the
negative.
On motions severally made hy Mr. Grattan, the hill was further
amended as follows:
Strike out, in the 9th and 10th lines of 42d section, the words "and
reduce the charge for the buildings in their present condition."
Add after the word "all," in 1st line of section 44, the words
"male persons over twenty-one years of age, all."
Strike out, in 2d line of 44th section, the word "whether," and in¬
sert in lieu thereof the word "where."
Strike out, in 4th line of section 44, the words "in or."
Strike out, in 18th line of section 45, the word "pictures."
On motion of Mr. Watkins, the hill was amended by inserting, in
the 11th line of section 45, the words " or held in trust for the use of
any seminary of learning."
Mr. Watkins moved to amend the hill hy striking out, in the 9th
line of section 45, the words " books, apparatus and furniture," and
inserting the "words " personal property;" and the question being on
agreeing thereto, was put, and decided in the negative.
Mr. Watkins moved to amend the hill hy adding after the word
" asylums," in the 13th line of section 45, the following words: "and
to churches, religious societies or trustees thereof, and to all public
libraries;" and the question being on agreeing thereto, was' put, and
decided in the negative.
On motion of Mr. Joynes, the hill was amended hy inserting, in the
14th line of section 45, after the word " to," the words " churches,
religious societies and."
On motion of Mr. Joynes, the hill was amended by adding after the
word "asylums," in the 14th line of section 45, the words "or othei
charitable institutions."
.Mr. Kilby moved that the house do now adjourn; and the questioi
being on agreeing thereto, was put, and decided in the negative.
journal of the . house of delegates.
179
Mr. HerndoH moved to amend the bill by striking ont the 26 th line
of section 45, which reads as follows: ".all fisheries and plantations of
oysters/' Pending which,
On motion of Mr. Kilby, the bill was amended by striking out, in
the 26th line, section 45, the word " plantations," and inserting in
lien thereof the words " planted beds."
The question recurring on the amendment of Mr. Herndon, Mr.
Biggs demanded the previous question; which was seconded and sus¬
tained by the house; and the main question being put, was decided in
the affirmative.
On motion of Mr. Grattan, the bill was amended by inserting after
the word "all," in the 9th line of section 46, the word "solvent."
On motion of Mr. Grattan, the bill was amended by striking out,
in the 4th line of section 48, the Word " persons," and inserting the
words " male persons over the age of twenty-one years."
On motion of Mr. Scott, the house adjourned until to-morrow,
twelve o'clock.
THURSDAY, January 18, 1866.
The Speaker laid before the house the following communication
from the governor of the commonwealth; which (together with the
papers mentioned in the communication) were referred to the com¬
mittee of claims:
Commonwealth of Virginia,
Executive Department,
Richmond, January 17, 1866.
Sir:
I have the honor of transmitting, through you, to the honor¬
able body over which you preside, the accompanying memorial of the
officers of the New York and Virginia steamship company, and the pa¬
pers therewith, asserting a claim against the commonwealth of Virginia.
In my opinion, this is one of that class of claims which justice and
the good faith of the commonwealth require should be satisfied, and
as such, I commend it to your favorable consideration.
I have the honor to be
Very respectfully, &c.
F. H. Peirpoint.
Speaker House of Delegates of Virginia.
Mr. Joynes, from the committee for courts of justice, reported the
following bills, which were read the first time, and ordered to be read
a second time:
No. 129, A bill prescribing the duties of telegraph companies.
No. 130', A bill to amend and re-enact section 14 of chapter 192
of the Code of 1860.
180 JOURNAL OF THE HOUSE OF DELEGATES.
No. 131, A bill amending and re-enacting tbe 12th. section of chap¬
ter 191 of the Code of 1860.
No. 132, A bill to repeal certain parts of the act of May 14,1862,
and to prescribe the oaths to be taken in certain cases.
Mr. Joynes, from the same committee, presented the following re¬
ports, which were agreed to:
The committee for courts of justice have, according to order, had
under consideration the resolution offered by Mr. Dickenson, on the
5th December 1865, referring so much of the governor's message as
relates to the collection of taxes, to the committee for courts of jus¬
tice, and respectfully ask that the same be referred to the committee
on finance, and that this committee be discharged from further con¬
sideration of the subject.
The committee for courts of justice have, according to order, had
under consideration the resolution to provide that any candidate for
the office of constable, receiving twenty votes, shall be deemed elect¬
ed, and may qualify and act as provided by law, and beg leave to re¬
port, that they deem it inexpedient to legislate on the subject, and
ask to be relieved from further consideration of the same.
Mr. G-arnett, from the committee of propositions and grievances,
reported back
No. 29, A senate bill entitled an act incorporating the Warwick
manufacturing company, in the city of Richmond, with an amend¬
ment.
Mr. GJ-arnett, from the same committee, reported the following bills,
which were read the first time, and ordered to be read a second time:
No. 133, A bill incorporating the Bath iron mining and manufac¬
turing company, in the counties of Bath and Alleghany.
No. 134, A bill to incorporate the Mt. Crawford toll bridge com¬
pany, in the county of Rockingham.
Mr. G-arnett, from the same committee, presented the following re¬
ports, which were agreed to:
The committee of propositions and grievances have, according to
order, had under consideration a resolution to enquire into the expe¬
diency of abolishing the office of second auditor and the office of
register of the land office, and the duties of said offices be performed
by the auditor of public accounts, and beg leave respectfully to re¬
port, that as this subject has already been brought before the bouse
of delegates by a senate bill, we deem it inexpedient to express any
opinion on the subject during the pendency of said bill, and respect¬
fully ask to be discharged from further consideration of the same.
The committee of propositions and grievances have, according to
order, had under consideration the resolution to them'referred, re¬
quiring them to enquire into the expediency of creating the office of
state geologist, and beg leave to report, that, owing to the embar¬
rassed financial condition of the state, they deem it inexpedient to cre¬
ate such an office, and ask to be discharged from the further conside¬
ration of the subject.
JOURNAL OF THE HOUSE OF DELEGATES.
181
The committee of propositions and grievances, to whom was refer¬
red the pe.tition asking the removal of the weighmaster of live stock,
have considered the same, and beg leave to report, that, upon an ex¬
amination of the law establishing and regulating this office, it appears
that the governor alone has the exclusive power of appointing this
officer, and removing him for misbehayior, incapacity or neglect of
official duty; and believing that the power and duty of the executive
and legislative departments, in the appointment or election of officers
authorized by law to be made by these departments respectively,
should be uninfluenced and uncontrolled, each by the other, therefore,
we ask to be discharged from the further consideration of the petition
above mentioned.
The committee of propositions and grievance's have, according to
order, had under consideration a resolution to enquire into the expe¬
diency of compensating Coleman D. Bennett, late sheriff of Pittsyl¬
vania county, for conveyiug two lunatics to the Western lunatic asy¬
lum, and respectfully ask to be discharged from" the further conside¬
ration of the subject, and that the same be referred to the committee
•of claims. *
The committee of propositions and grievances have, according to
order, had under consideration a resolution to enquire into the expe-
piency of establishing negro poor houses in each -county of the state,
and levying a capitation tax on the negroes to support the paupers
in the county wherein they reside, and beg leave respectfully to report,
that they deem it inexpedient at this time to legislate on this subject,
and ask to be discharged from the further consideration of the same.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to incorporate the Richmond home insurance company.
Mr. Graham, from the committee of roads and internal navigation,
reported
A bill to repeal an act exempting certain white males from work¬
ing on the highways of King George and Stafford; which was read
the first time, and ordered to be read a second time.
Mr. Graham, from the same committee, reported back
A joint resolution of the senate in relation' to the Orange and
Alexandria railroad.
Mr. Daniel, from the committee on military affairs, reported
No. 136, A bill to reorganize the militia; which was read the first
time, and ordered to be read a second time.
Mr. Powell offered the following resolution, which, being objected
to, lies over under the rule:
Resolved, That the superintendent of the Virginia military insti¬
tute be requested to have prepared, by the officers and cadets of the
same, a geographical and geological map of the state, to be compiled
from the surveys of the officers of the engineer and mining depart**
ments of the armies serving in Virginia during the war, and from
such other sources of information as may be accessible; that the same
may be printed, in whole or by sections; as may be hereafter determined.
182
journal of the house of delegates.
Mr. Woodson, from the select committee on the reunion of the
state, presented the following report:
The select committee, to whom was referred the subject of the re¬
storation of the state of Virginia, and the committee of finance, to
whom was referred the question of appointing commissioners to pro¬
ceed to Wheeling with the view of making an adjustment with the
state of West Virginia of the proportion of the public debt of Vir¬
ginia proper to be borne by the states of Virginia and West Virginia
respectively, have had the_ subjects so referred to them under conside¬
ration, and make the following report:
Your committee are satisfied that the people of Virginia deeply
regret that, from ,any cause, the commonwealth of Virginia should
have been dismembered, and the state of West Virginia created
within her former territorial limits; an event, in the opinion of your
committee, injurious to the people of both states, creating the neces¬
sity for the support of two governments instead of one; greatly in¬
creasing the burdens of taxation, and calculated to produce alienation
between the people of the two states, by raising questions of contro¬
versy between them upon different questions, of which the chief are*
the proper adjustment of the public debt of the state of Virginia,
and a fair division of the public property.
If, in the past, any real conflict of interest existed between the
Eastern and Western portions of the state, the same has been oblite¬
rated by the events of the war, and there is no good reason why the
people of both states should not be reunited, and live together again
under the flag of the " Old Dominion," as children of the same illus¬
trious ancestry, and heirs of a common state renown. Cherishing a
sincere affection for our brethren of West Virginia, and the truest
anxiety for establishing and perpetuating the reunion of the two
states, we do solemnly and confidently appeal to the like disposition
among our brethren of West Virginia, that they will concur with us
in declaring, as we do hereby declare, every desire, as soon as practica¬
ble, to adopt proper measures of co-operation to reunite and maintain
unimpaired the original ingtegrity of " Old Virginia."
John C. Woodson,
Ch'n Select Com'ee.
Peachy E. Grattan,
Ch'n Com'ee on Finance.
Also, the joint resolutions entitled:
No. 167, Joint resolutions in regard to the restoration of the state
of Virginia to her former boundaries, and the adjustment between
Virginia and West Virginia, of the public debt.
Which joint resolutions were read the first time.
Mr. G-arnett moved do lay the whole subject on the table; and the
question being on agreeing thereto, was put, and decided in the
negative.
The joint resolutions were then ordered to a second reading.
No. 107, A bill to amend and re-enact section 4, and to repeal
JOURNAL OF THE HOUSE OF DELEGATES.
183
section 2 of chapter 101, being the unfinished business of yesterday,
came up.
The question being on agreeing to the amendment of Mr. Scott,
Mr. Joynes moved to lay the bill and amendment on the table; and
the question being on agreeing thereto, was put, and decided in the
negative. -
The hour of one o'clock having arrived; the special order of the
day, which is
No. 72, A bill for the assessment of persons, property, income and
salaries, came up.
On motion of Mr. Pendleton, the special order was postponed, to
enable him to make a report from the committee on rules.
Mr. Pendleton presented a report from the committee on rules, the
consideration of which, on his motion, was postponed until to-mor- ■
row, twelve o'clock.
On motion of Mr. Joynes, the special order was postponed, and
No. 60, A senate bill entitled an act authorizing the South Side
railroad company to borrow money, was taken up, and read the first
and second times; and the question being on the commitment of the
bill, was put, and decided in the negative.
The bill was then read a third time and passed—ayes 86; noes 2.
The vote was recorded as follows:
Ayes—Messrs. Atkinson, Baylor, Bekem, Booker, Bowles, Braxton, Brown, Cabell, A,
J. Clark, W. T. Clark, Childress, Daniel, Davis, Davison, Deskins, Dickenson, Dunning-
ton, English, Evans, Fields, Garnett, Gibboney, Glendy, Graham, Grattan, Graves, Gray,
Hancock, Harris, Hansbrough, Hardy, Harnsberger, Herndon, Holmes, Hurst, Jackson,
Jones, Joynes, Kellam, Kendrick, Kilby, Long, Mann, Marshall, Martin, McDonald, Ma-
gill, Merritt, Miller, Moore, Morgan, Morris, Mosby, Newberry, Owen, Parsons, Pate,
Patterson, Peed, Pendleton, Powell, Purdy, Ragsdale, Biggs, Rixey, Robertson, Scott,
Smith, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout,
W. A. Turner, Z. Turner, Waddell, Wall, Watkins, Wilson, Woltz, Wood, Wooldridge,
Word and Wyatt—86.
Noes—Messrs. Baldwin (speaker), and Lee—2.
Ordered, That the clerk inform the senate thereof.
The special order of the day again came up.
On motion of Mr. Grattan, the bill was amended by adding at the
end of the 11th clause, 57th section, the following: " or is capital in
his trade or business in respect to which a license is issued and taxed."
On motion of Mr. Watkins, the bill was amended by adding at the
end of the 11th clause, 57th section, the following as an independent
clause:
Twelfth—The aggregate value of all ships, b&rges, boats or other
water, crafts, with their tackling, rigging and furniture, and all else
that pertains to them, or of the share or interest of any such, owned
by any person residing in Virginia, though the said ships, or any of
them, may not be, at the time when the assessment is made, in the
waters of Virginia." .
Oil motions severally made by Mr. Grattan, the bill was amended
as follows: . #
Insert, as an independent clause, in the 3d line of section 58, after
word u first, " the following:
184
JOURNAL OF THE HOUSE OF DELEGATES.
" He shall ascertain, from each person residing in his district, the
value in this state of all solvent bonds, demands and claims, however
evidenced, owing or coming to such person, whether due or not, from
debtors residing out of this state and in any other state or country,
deducting from the aggregate amount thereof all such bonds, demands
or claims not otherwise deducted, owing to others from such person
as principal debtor and not as guarantor, endorser or surety. The
aggregate of principal, interest and exchange shall constitute the
amount of a bond, demand or claim due and payable; and the princi¬
pal, less the interest, where the bond, demand or claim bears no in¬
terest, shall constitute the value of a bond, demand or claim not yet
due and payable. But no bond, demand or claim constituting a part
of the capital, as defined in this act, of a business done out of this
state, shall be included in this section.
Add after the word '" claims," in the 9th line of section 59, the
words " due from residents in this state."
Add after the word "entries," in the 10th line of the 67th section,
the word " of."
Add after the word "lots," in the 11th line of the 67th section, the
words " and injuries to buildings thereon."
< Strike out, in the 14th line of section 67, the words " or commis¬
sioner in chancery," and insert in lieu thereof the words " or other
person authorized to administer oaths." 1
Strike out, in the 13th line, 68th section, the words " or commis¬
sioner in chancery," and insert in lieu thereof " or other person au¬
thorized to administer oaths."
Strike out, in the 1st line of section 73, the words " sixty-ninth,"
and insert in lieu thereof the word "seventieth."
Strike out, in the 3d line of 75th section, the words " seventy-five
cents," and insert the words "one dollar."
Strike out, in line 13 of section 75, the words " seventy-five cents,"
and insert the words "one dollar."
Strike out, in line 6 of section 75, the words " and seventy-five
cents."
Strike out, in the 17th line of 75th section, the words "seventy-
five cents," and insert the words "one dollar.'"
Add after the word " two," in the 4th line of the 77th section, the
words " and one-half."
Add after the word " one," in line. 9 of section 77, the words " and
one-half."
Strike out, in line "12 of section 77, the words " three-fourths of."
Add after the word " commonwealth," in the 4th line of section 89,
the words " known to him."
Strike out the 94th section.
On motion' of Mr. Wood, the bill was amended by striking out, in
the 14th line of the 95th section, the words " stock subscribed," and
insert the words " the value of the assets held as capital."
Mr. Woltz moved that the house do now adjourn, and the question
being on agreeing thereto, was put, and decided in the negative.
JOURNAL OP THE HOUSE OP DELEGATES. 185
On motion of Mr. Herndon, the bill was amended by inserting after
the word " Henry," in the 7th line of the 1st section, the word "Lee."
Mr. Garnett moved to amend the bill by striking out, in the 2d
line of section 14, the words " not exceeding five acres at any such
church," and inserting the words " and for a parsonage for both pur¬
poses, not exceeding five acres, and the parsonage, not exceeding ten
thousand dollars in value."
Mr. Joynes moved to amend the amendment by striking out the
words " and the parsonage, not exceeding ten thousand dollars in
value;" and the question being on agreeing thereto, was put, and de¬
cided in the affirmative.
The question being on agreeing to the amendment as amended, was
put, and decided in the affirmative.
Mr. Watkins moved to amend the bill by adding after the word
"town," in line 16 of section 14, the words "and all such estate be¬
longing to agricultural societies, so long as they shall be used for
agricultural purposes only;" and the question being on agreeing
thereto, was put, and decided in the negative.
Mr. Kilby moved to amend the bill by adding after the word " im¬
provements," in the 8th line of the 13th section, the following words:
"or a deduction for injury or destruction of such improvements,
fences, woods or other damage to real estate by the military." Pend¬
ing the consideration of which,
On motion of Mr. Pendleton, the house adjourned until to-morrow,
twelve o'clock.
FRIDAY, JANUARY 19, 1866.
A communication from the senate, by their clerk, was read as
follows:
yIn senate, January 18, 1866.
The senate have passed house bills entitled:
An act amending section 46, chapter 85 of thfe Code, concerning
expenses of conveying lunatics, &c., No. 66. r
An act to amend and re-enact the 19th section of chapter 14 of
the Code, No. 64.
An act changing the place of voting in Wythe county, No. 13.
Mr. Garnett, from the committee of propositions and grievances,
presented the following reports, which were agreed to:
The committee of propositions and grievances, to whom was referred
a resolution to enquire what legislation is necessary to secure the bet¬
ter working of county roads, have had the subject under consideration,
and beg leave to report, that a bill having already been reported on
this subject by the committee of roads and internal navigation, they
24
186
journal of the house of delegates.
respectfully ask to be discharged from the further consideration of the
subject.
The committee of propositions and grievances, to whom was referred
the petition of Thomas Love, a citizen of Fairfax county, asking
to be relieved of taxes, have had the subject under consideration, and
respectfully ask to be discharged from the further consideration of the
same, and that the matter be referred to the committee on finance.
The committee of propositions and grievances, to whom was referred
the petition of citizens of Alexandria, asking for relief as to taxes,
have had the subject under consideration, and respectfully ask to be
discharged from the further consideration of the same, and that the
matter be referred to the committee on finance.
The committee of propositions and grievances, to whom was referred
a resolution to enquire into the expediency of amending the 12th sec¬
tion of chapter 95 of the Code of Virginia, so as to increase the fees
of harbor-masters, respectfully beg leave to report that they deem it
inexpedient at this time to legislate upon the subject, and ask to he
discharged from the further consideration of the same.
Mr. Graham, from the committee of roads and internal navigation,
reported
No. 137, A bill to authorize the sale of the Roanoke valley rail¬
road under certain conditions; which was read the first time, and or¬
dered to be read a second time.
Mr. G-rattan, from the committee on finance, reported
No. 138, A bill to incorporate the Virginia loan and trust com¬
pany'; which was read the first time, and ordered to be read a second
time.
Mr. G-rattan, from the same committee, reported back
No. 86, A bill (heretofore recommitted) to require a deposit of se¬
curities to be made by foreign insurance companies doing business in
this state, with amendments.
Mr. Watkins, from the joint committee on the library, presented
the following report, which was agreed to:
The joint committee on the library, to whom was referred by the
house of delegates so much of the governor's message as relates to
public buildings, have had the same under consideration; and inas¬
much as the committee on public institutions of the senate have also
had this subject in charge, and are acting in the premises, the joint
committee on the library ask to be discharged from its further con¬
sideration.
S. B. Kello,
Ch. Senate Corn'ee.
F. N. Watkins,
Ch. House Gom'ee.
Mr. Wilson, from the committee on enrolled bills, presented thfe
following report, which was agreed to:
The committee on enrolled bills have, according to order, had un¬
der consideration a resolptipn to enquire into the expediency of dis-
JOURNAL OF THE HOUSE OF DELEGATES. 187
pensing with enrolling the same on parchment, and into the expedi¬
ency of providing that all acts of assembly shall be printed, and one
copy be deposited each with the governor, the secretary of the com¬
monwealth and the librarian, in lieu of enrollment, and have come to
the following resolution:
Eesolved, That it is inexpedient to legislate on the subject.
Mr. Herndon, from the joint committee on immigration, reported
No. 139, A bill to promote and encourage immigration into the
state of Virginia; which was read the first time, and ordered to be
read a second time.
Mr. Garnett, from the committee on the reunion of the state, pre¬
sented the following report:
A minority of the committee, to whom was referred the subject of
the restoration of the state of Virginia, after duly weighing and con¬
sidering the subject submitted to them, with all its surroundings,
differ to some extent from the majority of the committee in some of
the conclusions at which they have arrived, and beg leave respectfully
to present, as the report of the minority:
That whatever mortification and regret the people of Virginia may
experience at the dismemberment of the still proud old common¬
wealth, they have the high and lofty consolation of knowing that it
was by no act of theirs that this ungrateful deed was accomplished;
that West Virginia has no cause to complain of her who has been the
mother of so many states, which have not been slow to evince any
other than a grateful remembrance of the fostering care and self-
sacrificing spirit which she has ever manifested for their prosperity
and general welfare. West Virginia can point to no improvement or
advantage which she enjoys, or position to which she has attained, for
which she is not more or less, either directly or indirectly, indebted
to her now impoverished mother. In support of this position, the
undersigned refer with abiding confidence to statistics to show that
for a long series of years some, if not many, of the counties now
comprising West Virginia, were unable to pay the cost of their or¬
ganization and representation, but were aided, fostered and sustained,
and made all that they now are, by a people who, in every vicissi¬
tude, and under all trials, have shown themselves the most generous
and magnanimous that not only this continent, but that the whole
world has ever known.
But West Virginia, forgetful of the past, and all the ties which
should have bound her, as with h<?oks of steel, to her who had given
her life and being, in an evil hour elected for herself a separate state
organization, with certainly no very friendly feelings towards those
with whom she had been connected by such internal if not sacred re¬
lations. West Virginia is now a free and independent state, in the
full and successful exercise of all the functions, organization and
representation in her state legislature, as well as in the federal con¬
gress; a,nd it is gravely proposed that we, an impoverished people,
divested of a large portion of their rights and privileges, ignorant
alike of our present position and future condition, should earnestly
188
journal of the house of delegates.
invite her to share our fallen state's gloomy prospects and uncertain
fate. If the position and condition of the two states were reversed,
then might Virginia, without any loss of self-respect, or descent from
the dignified position she has always sustained, and in accordance
with that noble philanthropy, disinterested friendship and generosity
which has always been characteristic of her people, invite back, and
with outstretched arms receive the wayward daughter. - But, poor
and humiliated as the good old mother of us all may be, she is not yet
so poor but that there are some (anil the undersigned claim to be of
that number) "who will still do her reverence;" and they earnestly
protest against her further humiliation by inviting back those who,
without just cause, have become a separate, independent, prosperous,
and- perhaps an alienated people, until they shall manifest, in some
formal manner, a disposition for a reunion.
The undersigned have not deemed it advisable to discuss the ad¬
vantages or disadvantages which might result to either or both states
from a reunion, being of opinion that it will be quite time enough for
this when a reunion is at all probable. They agree with the com¬
mittee as to the propriety of some mode of settling the debts between
the two states.
The undersigned respectfully recommend the adoption of the fol¬
lowing resolution:
Resolved by/the general assembly of Virginia, That it is inexpe¬
dient at this time to legislate upon the subject of a reunion beiween
West Virginia and Virginia; but whenever the people of the former
state shall, through their constituted authorities, manifest a dispo¬
sition therefor, then will Virginia be prepared to consider any over¬
tures which may be so made.
Muscoe Garnett,
J as. Patterson,
Thos. Hall Kellam.
No. 107, A bill to amend and re-enact section 4, and to repeal sec¬
tion 2 of chapter 101, being the unfinished business of yesterday,
came up.
On motion of Mr. Evans, the further consideration of the bill was
postponed for 25 minutes.
Mr. Hurst introduced
A bill to incorporate the Union car works manufacturing company;
which was referred to the committee of propositions and grievances.
Mr. Evans introduced the following bills, which were referred to
the committee of propositions and grievances:
' A bill to amend and re-enact the act passed January 12; 1853, in
regard to the sealer of weights and measures.
A bill to amend and re-enact the 1st section of chapter 5 of the
Code of 1860, so as to give to the county and corporation courts power
to prescribe the places of voting in each county and corporation.
Mr. Evans introduced
A bill for the relief of the Richmond medical college; which was
referred to the committee of schools and colleges.
JOURNAL OF THE HOUSE OF DELEGATES. 189
Mr. Cabell introduced
A bill to incorporate the Virginia steam sugar refining company;
which was referred to the committee of propositions and grievances.
Mr. White introduced
A bill to incorporate the American immigration and land company;
which was referred to the committee of propositions and grievances.
Mr. Kendrick introduced
A bill releasing the state's interest in the Virginia and Kentucky
railroad on certain,conditions; which was referred to the committee of
roads and internal navigation.
Mr. W. A. Turner introduced
A bill declaring the James river and Kanawha canal a lawful fence
within the limits of Albemarle county; which was referred to the com¬
mittee on agriculture and manufactures.
Mr. Woodson introduced the following bills, which were referred
to the committee for courts of justice: -
A bill to suspend for a certain time the statutes of limitation.
A bill in relation to witnesses.'
Mr. Riggs introduced
A bill to incorporate the Pound gap bridge company; which was
referred to the committee of roads and internal navigation.
Mr. Smith presented an order of the common council of the city of
Williamsburg, in reference to the charter of the city; which was re¬
ferred to the committee of propositions and grievances.
On motion of Mr. Cabell, leave of absence was granted Mr. Jones
until Tuesday.
On motion of Mr. Ragsdale, leave of absence was .granted Mr. W.
T. Clark until Tuesday.
On motion of Mr. Garnett, leave of absence was granted Mr. Hern-
don for to-morrow.
On motion of Mr. Evans,
Resolved, That the committee for courts of justice enquire into
the expediency of engrafting into the stay law, to be by them Re¬
ported, the following provision:
Whenever it shall appear to any circuit, county or corporation
court, upon a petition filed therein, that any minor, widow, unmar¬
ried woman or insane person is dependent for a support upon the in¬
terest or principal of any debt, the collection of which is stayed by
this act, such court may ascertain, through one of its commissioners
in chancery, what amount is necessary for the support of the pe¬
titioner or petitioners; what amount each debtor, if there be more
than one, shall pay, assessing the whole upon them ratably; and
whether the sum so assessed upon each shall be of the principal or
interest; and the report of the commissioner, when approved by the
court, shall be entered of record by the clerk thereof; and any debtor
who, after being served with notice of the amount thus assessed upon
him, shall fail to pay the same, within sixty days thereafter, to the
person or persons entitled, may be proceeded against for the whole
190 JOURNAL OF THE HOUSE OF DELEGATES.
amount of the debt due by him on account of which such assessment
was made, as if no law had passed staying the collection of debts.
The commissioner of whom a report shall be required under the
preceding paragraph, shall post notice thereof, as required by law in
the settlement of fiduciary accounts.
On motion of Mr. Evans,
Resolved, That the committee for courts of justice enquire into
the expediency of increasing the fees of the sergeant of the city of
Eichmond allowed by law for keeping and supporting prisoners in
the jail of the city of Richmond.
On motion of Mr. Robertson,
Resolved, That the committee on the library enquire into the ex¬
pediency of selling the English printing and book paper now on hand
in the public library, or so much thereof as may be judiciously spared;
also, into the propriety of making sale of the old documents and
other publications that now encumber the same; and report by bill
or otherwise.
On motion of Mr. Evans,
Resolved, That the committee for courts of justice enquire into
the expediency of increasing the salary allowed by law to the clerk
of the circuit court of the city of Richmond for services rendered by
him, for which no fees are allowed by law to be charged.
On motion of Mr. Atkinson,
Resolved, That the committee for courts of justice be instructed
to enquires into the expediency of requiring that all persons renting
lands to negroes shall be responsible for a competent subsistence to
said tenants for any expense incurred by such responsibility.
On motion of Mr. Stearns,
Resolved, That the committee on finance enquire into the expe¬
diency of reporting a bill to authorize the board of public works to
exchange the state's interest in our railroads and other public works
for bonds of the state; also, to enquire into the propriety of allowing
the said board to sell the public warehouse and armory lands in the
city of Richmond for bonds of the state.
On motion of Mr. Gribboney,
Resolved, That the committee of propositions and grievances be
instructed to enquire into the expediency of requiring all incorporated
companies to pay in one-half of their capital before going into ope¬
ration.
On motion of Mr. Word,
Resolved, That the committee of roads and internal navigation be
requested to enquire into the expediency of reporting a bill to incor¬
porate the Yalley railroad company.
On motion of Mr. Kendrick,
Resolved, That the committee of roads and internal navigation
enquire into the expediency of transferring the Estillville and Pat-
tonsville turnpike road to the county of Scott, through which it
passes.
JOURNAL OF THE HOUSE OF DELEGATES.
191
On motion of Mr. Fields,
Resolved, That the committee of privileges and elections enquire
into the expediency of making a separate election district of Sykes'
island, in the county of Accomack, and of establishing the place of
voting in said district, at Grillet Marshall's store, on said island; and
that they report by bill or otherwise.
A message was received from the senate by Mr. Boiling, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act relating to fences and for the protection of crops, No.
89, with amendments; in which amendments they respectfully re¬
quested the concurrence of the house of delegates.
The unfinished business again came up.
On motion of Mr. Pendleton, the unfinished business was postponed,
to enable him to move to take up a bill to authorize the Virginia and
Tennessee railroad company to borrow money, No. 127.
On motion, the rule was suspended, and the bill was taken up, read
a second time, and ordered to be engrossed to be read a third time.
The bill being forthwith engrossed, was read a third time (two-
thirds of the members, elect concurring), and passed—ayes 85.
The vote was recorded as follows:
t
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brax¬
ton, Brown, Cabell, A. J. Clark, Childress, Daniel, Davis, Davison, Deskins, Dickenson,
Dunnington, English, Evans, Fields, Garrett, Gibboney, Glendy, GraMm, Grattan, Graves,
Gray, Hancock, Harris, Hansbrough, Hardy, Harnsberger, Herndon, Holmes, Hurst,
Jackson, Jones, Joynes, Kendrick, Kilby, Long, Mann, Marshall, Martin, Magill, Merritt,
Miller, Moore, Morgan, Morris. Mosby, Newberry, Owen, Parsons, Pate, Patterson, Peed,
Pendleton, Powell, Purdy, Ragsdale, Rjggs, Robertson, Scott, Smith, Stearns, J. McDo¬
well Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner,
Waddell, Wall, Watkins, White, Wilson, Woltz, Wood, Woodson, Wooldridge, Word and
Wyatt—85.
Ordered, That Mr. Pendleton carry the same to the senate, and re¬
quest their concurrence.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to authorize the Virginia and Tennessee railroad com¬
pany to borrow money, No. 127.
The unfinished business again came up.
The question being on agreeing to the amendment of Mr. Scott,
which is to strike out, in the 10th and 11th lines, the words "forfeit
to the informer, in each instance, his gun, dogs, boat, and all his shoot¬
ing, hunting and fishing apparatus, and,"
. Mr.' Cabell moved to amend the bill by striking out, in the 10th
line, the word "informer," and inserting the words "owner or tenant
of the lands or water courses on which the offence is committed, or to
the commonwealth, if the offence be committed along any public
road;" and the question being on agreeing thereto, was put, and de¬
cided in the affirmative.
The question recurring on agreeing to the amendment of Mr. Scott,
was put, and decided in the negative.
On motion of Mr. Cabell, the bill was amended by striking out, m
192
JOURNAL OF THE HOUSE OF DELEGATES.
the 7th line, the words " to the informer," and. inserting the words
" as hereinafter provided."
On motion of Mr. A. J. Clark, the hill was amended by inserting
after the word "road," in the 6th line, the words "or street of any
town or village."
The hour of one o'clock having arrived, the special order of the
day, being
No. 72, A bill for the assessment of persons, property, income and
salaries, came up.
On motion of Mr. Atkinson, the special order was postponed until
the unfinished business be disposed of.
On motion of Mr. Joynes, the bill was amended by inserting after
the word " that," in the 1st line, the words " the 4th section of chap¬
ter 101 of the Code (edition of 1860), be amended and re-enacted so
as to read as follows."
On motion of Mr. Merritt, the bill was amended by inserting after
the word " forfeitures," in the 13th and 14th lines, the following
words: "Where any person is convicted a third time of said offence,
the justice rendering judgment therefor shall require him to give a
recognizance, with good security, for his good behavior for a year; or
if he fail to give such surety, commit him to jail for one month, un¬
less it be sooner given. Such recognizance shall be forfeited, if such
person offend as^aforesaid within the time limited in the recognizance."
On motion of Mr. White, the bill was amended by striking out, in
the 5th line, the words "in writing."
Mr. Garnett moved to amend the bill by adding at the end of the
1st section the words " and provided further, that nothing in this act
contained shall apply to the counties of Wythe, Russell, Bland, Pu¬
laski, Grayson, Carroll, Montgomery, Floyd, Tazewell, Giles, Alle¬
ghany, Pittsylvania, Buchanan, Scott, Lee, Wise, Henry, Franklin,
Rappahannock, Smyth, Washington, Page, Gloucester, Matthews,
Frederick, Patrick, Prince William, Middlesex, Louisa or Bedford,
unless the same shall first be submitted to the county courts of the
said counties, after all the' justices of said counties respectively shall
have been summoned for the purpose, and a majority thereof being
present and adopting this act: and provided further, that the acts
and provisions • contained in chapter 101 of the Code of Virginia of
.1860 shall remain in full force in the aforesaid counties." Pending
the consideration of which,
On motion of Mr. Lee, the bill was recommitted.
The special order of the day again came up for consideration.
The question being on agreeing to the amendment of Mr. Kilby,
which is to add after the word "improvements," in the 8th line of
13th section, the words "or a deduction for injury or destruction of
!such improvements, fences, woods or other damage to real estate by
the military, where the amount of damage on any farm or tract of
land exceeds two hundred dollars,"
Mr. Lee demanded the previous question; which was seconded and
sustained by the house; and the main question being'put, was de¬
cided in the negative.
JOURNAL OF T,HE HOUSE OF DELEGATES. 193
On motion of Mr. Grattan, tlie bill was amended by adding at tbe
end of the 4th clause, 59th section, the following words: "but there
shall not be included in this section the net income for the year pre¬
ceding the 1st day of February, of any person who derived said net
income from a business upon which a license tax was imposed for
that year, based upon the sales, receipts or profits of the year.
On motion of Mr. Owen, the rule was suspended in order to enable
him to move a reconsideration of the vote by which the amendment
of Mr. Garnett was agreed to.
The question being on agreeing to the motion to reconsider, the vote
was put, and decided in the affirmative.
The question recurring on the amendment of Mr. Garnett, which
is as follows:
Strike out, in the 2d line of the 14th section, the words " not ex¬
ceeding five acres at any such church," and insert the words " and for
a parsonage for both purposes, not exceeding five acres,"
On motion of Mr. Owen, the amendment was amended by striking
out the words " for both purposes, not exceeding five acres," and in¬
serting the words "not exceeding the quantity allowed by law to be
held for such purposes."
The question being on the amendment as amended, was put, and
decided in the affirmative.
On motion of Mr. Watkins, the bill was amended by inserting in
the 1st line of 14th section, after the word " churches," the word " or."
The question being on ordering the bill to be engrossed for a third
reading, Mr. Patterson demanded the previous question, which was
seconded and sustained by the house; and the main question being
put, was decided in the affirmative.
The report of the committee on rules was taken up.
Mr. Atkinson moved that the report be adopted, and that the new
rules go into effect on and after Monday next; and the question being
on agreeing thereto, was put, and decided in the affirmative.
The rules adopted are as follow:
I.—Organization.
Elections.
1. At elections in the house the voting*shall be viva voce, unless
otherwise expressly provided; and only one person shall be chosen at
a time. If on the first voting no one receives a majority, the person
having the smallest number of votes' shall not be voted for on^ the
next trial; and so on until some one shall receive a majority of the
whole vote. If the election be by joint vote of the two hoqses, mes¬
sages shall be exchanged before each voting, announcing the names of
the persons in nomination. A committee of three members from each
house shall compare the votes, and ascertain and report the result.
The Speaker.
2. " The house of delegates shall choose its own Speaker." The
25
J94 JOUKNAIi OF THE JIOUSE OF RELEGATES,
Speaker may call any member to the chair, who shall exercise its func¬
tions for the time; but no member, by virtue of such appointment,
shall preside for a longer time than three days. During such substi¬
tution the Speaker may participate in the debates. If the Speaker be
absent and have named no one to act in his stead, the duties shall be
performed by the chairman of one of the standing committees, taking
precedence in the order in which the committees are named in Rule 16.
3. The Speaker shall take the chair every day precisely at the hour
to which the house shall have adjourned on the preceding day; shall
immediately call the house to order; and a quorum being present,
shall cause the journal of the preceding day to be read. Any mis-f
takes in the entries shall, upon motion, then be corrected.
4. The Speaker shall have power to supervise and correct the jour¬
nal before it is read. He shall have a general direction of the hall,
with power, in case of disturbance or disorderly conduct in such pari
thereof as may be appropriated to spectators, to have the same cleared.
Stenographers and reporters for the press, wishing to take down the
proceedings of the house, may be admitted by the Speaker, who shall
a-ssign to them such places on the floor as shall not interfere with the
convenience of the members.
5. All acts, addresses and joint resolutions shall be signed by the
Speaker; and all writs and warrants issued by order of the house,
shall be under his hand and seal, attested by the clerk.
The Clerk.
A clerk shall be elected by the house, and shall be deemed to
continue in office until another is chosen. He may employ an assis¬
tant clerk, and shall, subject to the approval of the Speaker, appoint
the six committee clerks provided for by law. He shall be charged
with the whole clerical business of the house and of its committees,
and shall see that the committee clerks discharge properly the duties
required of them by .the several committees to which they are as¬
signed, and that, when not so employed, they render such assistance
as may be required to other committees and in the business of the
house. The committee clerks may be removed by the clerk, with the
approval o'f the Speaker; and they shall be so removed upon the re¬
quest of the committees to which they are severally assigned.
_ 7. The clerk shall perform all the duties of his office under the
direction of the Speaker. He1 shall keep a journal of the proceedings
of the house, and shall submit it daily to the Speaker in time to be
examined before the next assembling of the house. He shall keep at
the clerk's table, during the sittings of the house, a calendar or
docket so arranged as to show the condition and progress of the
business of the house.
8. He shall keep accounts of the compensation of the members
and officers of the house, and shall from time to time certify the
same to the auditor. He shall provide the stationery required for the
business of his office and of the house, and for the use of the mem¬
bers during the sessions; but the amount furnished to each member
JOUBNAL OF tDHE HOUSE 0# DELEGATES. i§5
shall not exceed in value twenty dollars a session. The claim of the
clerk for such supplies, when approved by the committee on house
expenses, shall be certified by the Speaker to the auditor. He shall
keep detailed accounts of all these transactions in a book, to be pro¬
vided for the purpose, which shall be at all tirnes opeii to inspection
by members of the house.
Sergeant-at-arms.
9. A. sergeant-at-arms shall be elected by the house, and shall con¬
tinue in office during its pleasure. He shall, subject to the approval
of the Speaker, appoint as assistants two doorkeepers and four pages,
and may, subject to the like approval, remove any of them. The
pay of a page shall be One-half the amount provided by law for a
doorkeeper of the house.
10. He shall, with his assistants, attend upon the housd during its
sittings, and shall execute its commands, together with all such pro¬
cess, issued by its authority, as shall be directed to him by the
Speaker.
11. He shall, under the direction of the Speaker, have charge of
the police of the hall, aild shall prevent any interruption of the busi¬
ness of the house by disorder within of without. He shall distribute
among the members all papers printed for their use, and shall give
such attendance upon them during the sittings of the house as will
promote their comfort and facilitate the business of the house.
12. He shall procure for the members," when required, certificates
for pay and mileage, and, at their request and upon their endorse¬
ment, shall collect and pay over to those entitled the money due upon
such certificates.
13. He shall attend to receiving and dispatching all mail or tele¬
graphic matter intended for or sent by members, and shall make such
arrangements therefor as to promote the convenience of the members.
Oaths of Officers.
14. The oaths which the officers of the house are required by law
to take shall be administered and certified by a justice of the peace
or notary public, and be filed with the clerk of the house.
Committees.
15. All committees shall be appointed, by the Speaker, Unless
otherwise specially directed by the house, in which case they shall be
appointed by ballot, and a plurality of votes shall prevail. The first
named member of any committee shall be the chairman, and if he be
absent, or be excused by the house, the next named member, and so
on, unless the committee elect a chairman.
16. At the beginning of each regular session there shall^ be ap¬
pointed standing committees, to consist of not less than nine nor
more than thirteen members, as.follows:
196
JOURNAL, OF THE HOUSE OF DELEGATES.
1st. Privileges and elections.
2d. Courts of justice.
3d. Schools and colleges.
4th. Propositions and grievances.
5 th. Roads and internal navigation.
6th. Finance.
7th. Claims.
8th, Militia and police.
9 th. Asylums and prisons.
10th. Labor and the poor.
11th. Public property.
12th. Ranks, currency and commerce.
13 th. Agriculture and mining.
14th. Manufactures and mechanic arts.
15th. Counties, cities and towns.
16 th. Officers and offices at the capitol.
17th. Executive expenditures.
18th. Retrenchment and economy.
19th. Resolutions.
20th. Enrolled bills.
17. Also a standing committee, to consist of five members, to be
called the committee on house expenses. It shall be the duty of this
committee to examine from time to time the accounts kept by thfe
clerk with the members and officers of the house, and to decide all
questions arising in relation thereto, subject to an appeal to the house.
No account for printing, stationery, or any other expenses of the
house, shall be certified for payment without the previous approval
of this committee.
18. Also a standing committee on rules, to consist of five members,
including the Speaker, who shall be chairman of the committee.
19. Also a standing committee on the library, to consist of five
members. This committee, when acting with a committee on the part
of the senate, shall constitute the " library committee" provided for
by law; but shall in all other respects act as a committee of the house.
20. Any committee of the house may at their discretion confer
with a committee of the senate having under consideration the same
subject; but no joint committee shall be appointed. Nor shall any
select committee be appointed to consider any subject falling properly
within the province of a standing committee.
21. After the minimum number required for any committee has
been appointed, the Speaker may, from time to time, at his discre¬
tion, fill it up to the maximum allowed by the rules, whicli shall in
no case be exceeded.
22. Five members of any committee, or a majority if less than
five, sh&U constitute a quorum. Each committee shall appoint its
own regular meetings; and it shall be the duty of a committee to
meet on the call of any two of its members, if the chairman be absent
or decline to appoint such meeting; but no committee shall sit during
the sitting of the house without special leave.
journal of the house of delegates*
197
23. The several standing committees shall not only consider and
report upon the matters specially referred to them, hut shall, when¬
ever practicable, suggest such legislation as will provide upon general
principles for all similar cases. And it shall he the duty of each
committee to enquire into the condition and administration of the
laws relating to the subjects which they have in charge; to investi¬
gate the conduct, and look to the responsibility of all public officers
and agents concerned, and to suggest such measures as will correct
abuses, protect the public interests, and promote the public welfare.
24. Committees shall in all cases report by bill or resolution, in
such .form that, if passed or agreed to, it will carry into effect their
recommendations. They shall also report whether the bill, resolu-
- tion, or any paper returned therewith, is proper to be printed for the
use of the house.
Committee of' the Whole.
25. When the house shall go into the committee of the whole, the
Speaker may vacate the chair, and call some member to preside in
committee; the other officers shall attend, and the rules of the house
sball be observed and enforced in committee as far as applicable, ex¬
cept that the previous question shall not be ordered.
26. If the committee rise before the consideration of the subject
referred is concluded, the same shall be reported back, and have its
place in order, as unfinished business of the house. When it shall
be again reached in order, unless it be otherwise disposed of, the
house, after making such orders as it may deem proper in relation to
the business before the committee, shall stand again resolved into
committee of the whole, and so on, until the business therein be dis¬
posed of.
27. Nothing shall be in order in the committee of the whole, ex¬
cept such matters as may be specially referred to it by the house.
28. Whenever the committee of the whole shall find itself without
a quorum, the chairman shall cause the roll to be called, and there¬
upon the committee shall rise, and the chairman shall report the fact
and' the names of the absentees, which shall be entered upon the
Journal of the House.
29. The motion to go into committee of the whole, and the motion
to discharge the committee, shall not be debated.
II.—Attendance and Adjournment.
30. No member shall absent himself from the service of the house,
unless he have leave, or be sick or unable to attend.
31. Any ten members or more (including the Speaker, if there be
one, and he be present) shall be authorized to compel the attendance
of absent members, by a call of the house.
32. Upon the roll of the house the names of the members shall,
! in ali cases, be arranged and called in alphabetical order, except that
tlie Speaker shall be called last.
198
jou&nal of the house of delegates.
33. Upon a call of the house, the names of the members shall be
first called over by the clerk, and the absentees noted; after which the
names of the absentees shall be again called over; the doors shall then
be shut, and those for whom no excuse, or insufficient excuses are
made, may, by order of those present, if ten in number, be taken into
custody as they appear, or may be sent for and taken into custody,
wherever to be found, by the sergeant-at-arms or his assistants, or by
special messengers to be appointed for that purpose.
34. When a member shall be discharged from custody, and ad-*
mitted to his seat, the house shall determine whether such discharge
shall be with or without payment of fees and expenses.
35. Any number of members may adjourn from day to day. A
motion to adjourn and a motion to fix the time to which the house
will adjourn shall always be in order, and shall be decided without
debate.
III.—Intkoduction of Business.
36. Messages from the governor, and reports and communications
(except petitions and memorials) from any other public officer or
agent, may be received at any time; and if in the judgment of the
Speaker they require immediate action, may be brought at once to the
attention of the house—otherwise they shall .lie upon the Speaker'^
table and be disposed of in the morning hour. The same rule shall
be observed with regard to messages from the senate.
37. Members having petitions, memorials, resolutions or bills to
present, may at any time hand them to the clerk, endorsed with their
, names and the reference or disposition desired. The clerk shall, uiw
der the direction of the Speaker, refer all such papers to the proper
committees, and enter the fact, with the names of the members pre¬
senting them, upon the journal.
38. No petition, memorial, bill, joint resolution, proposition to
change a rule of the house, or resolution calling for information from
the governor or other public officer or agent, shall be introduced, con¬
sidered or acted upon otherwise than is provided by the preceding
rule, until it shall have been examined and reported upon by a com¬
mittee.
39. Any other resolution or motion upon which a member may de¬
sire the judgment of the house, or any action other than a reference
to a standing committee, may be presented to the house in the morn¬
ing hour after the business on the Speaker's table is disposed of.
40. Reports of committees may be handed to the clerk at any time.
He shall endorse upon them the time at which they are received by
him, and place them upon the Speaker's table, to be disposed of in
the morning hour. If in the judgment of the Speaker any report of
a committee requires immediate action, he may bring it to the atten¬
tion of the house air any time.
journal op the house op delegates,
199
IV.—Order op Business.
The Morning Hour.
41. After the reading of the journal, one hour, to be called the
" morning hour," shall he devoted to the dispatch of business upon
the Speaker's table, and to resolutions presented under Rule 39. The
business on the Speaker's table shall be dispdsed of in such order as
the Speaker shall deem best, except as may be herein otherwise pro¬
vided, or as the house may at any time order.
42. The annual message of the governor shall be laid before the
house as soon as it is received. It shall be printed for the use of the
house, and shall be considered by the several standing committees
without any special order therefor.
43. All other messages from the governor shall, unless the house
otherwise order, be referred by the Speaker to the proper committees.
And the same rule shall be observed as to reports and communications
from other public officers.
44. Bills and joint resolutions sent from the senate shall be referred
by the Speaker to the proper committees; those originating in the
senate being previously twice read. All other messages from' the
senate shall, unless the house otherwise order, be referred by the
Speaker to the proper committees.
45. All bills and joint resolutions reported from committees, and
which have been previously read in the house, shall be transferred at
once to the calendar in the order in which they are reported. All
those reported for the first time shall be numbered in the order in
which they were handed to the clerk, and shall be read the first time
and transferred to the calendar.
46. All other reports from committees shall be considered and dis¬
posed of in the order in which the Speaker shall present them, unless
the house shall in any case otherwise direct.
47. A member presenting a resolution, under Rule 39, shall be al¬
lowed five minutes in which to explain his wishes in relation to it;
after*which the question on referring it to a standing committee shall
be taken without debate. If the house refuses to refer, the resolution
shall be considered and disposed of.
48. Printing recommended by committees, under Rule 24, shall be
ordered by the Speaker, unless the house shall otherwise direct. Un¬
der such order, no more copies of any document shall be printed, than
is provided by law; nor shall more than one hundred and seventy
copies be printed of any bill, resolution, petition or memorial, without
the special order of the house.
The Calendar.
49: At the expiration of the morning hour, or sooner if the busi¬
ness of the morning hour has been disposed of, the house shall pro¬
ceed to consider bills and joint resolutions upon the calendar, in. the
following order:
200
journal of the house of delegates.
1st. Pending motions to reconsider, relating to business proper
for the calendar.
2d. The unfinished business of the preceding day.
3d. House bills, &c. returned from the senate with amend¬
ments, in the order in which they were transferred to the
calendar.
4th. Senate bills, &c. in the same order.
5th. Engrossed house bills, &c. in the order in which they passea
to their engrossment.
6th. House bills, &c. on their second reading, in the order in
which they are numbered.
50. It shall be the duty of the clerk to see that the printing and
engrossing, when ordered, shall be done in such time that the bills, &c.
may be acted upon according to their priorities upon the calendar.
If, however, any bill, &c. shall not be ready when it is reached upon
the calendar, it shall be passed by, and be allowed to retain its place
upon the calendar.
51. When the calendar has been called through, it may be called
again, in order to dispose of any business that may be ready, and if
there be none such, the business of the morning hour shall be resumed
and disposed of; but the business of the calendar shall, in no case, he
allowed to interfere with that of the morning hour, without the
unanimous consent of the members present.
52. The regular order of business herein established shall not be
changed, nor shall any special order be made, except by a vote of two-
thirds of the members present; but a majority may postpone the cal¬
endar, not exceeding one day at a time, or may pass by any subject
coming up in order, without changing its place, or may agree to a
joint order with the senate, or may postpone or discharge any special
order.
Y.—Conduct of Business.
Order and Decorum.
53. The Speaker shall preserve order and decorum; may speak tq
points of order in preference to other members, rising from his seat
for that purpose, and shall decide questions of order without debate,
subject to an appeal to the house. If the decision relate to a ques*
tion of decorum, or propriety of conduct, it shall not be debatable;
if it relate to the priority of business, or the relevancy or applicability
of propositions, the appeal may be debated, but no member shall
speak on it more than once, except by leave of the house.
54. When a member rises to speak, he shall respectfully address,
"Mr. Speaker," standing in his place; he shall confine himself strictly
to the question before the house, and when he has finished he shall sit
down. ...
55. When two or more members rise at the same time, the Speaker
shall name the person to speak; but in all cases, the member who shall
first rise and address the chair, shall speak first.
JOURNAL OF THE HOUSE OF DELEGATES.
201
^ 56. Every motion or proposition shall he reduced to writing, if de¬
sired by the Speaker'or any member, and shall be delivered in at the
clerk's table, to be there read; and the question shall be stated b^
the chair before the same shall be debated. When the reading of any
paper in possession of the house, and not being the precise matter
upon which the house is acting, is called for, and objection is made
by any member, the question shall be determined by a vote of the
house without debate. Any motion or proposition may be withdrawn
by the mover at any time before a decision, amendment, or other ac¬
tion of the body upon it, except a motion to reconsider, which shall
not be withdrawn without leave of the house.
57. No member shall in debate use any language or gesture calcu¬
lated to wound, offend, or insult another member.
58. If any member in speaking transgress the rules of the house,
the Speaker 'shall, or any member may, call to order, in which case
the member called to order shall immediately take his seat, unless
permitted to explain. If there be no appeal, the decision of the chair
shall be submitted to. If the decision be in favor of the member
called to order, he shall be at liberty to proceed; if otherwise, he
shall not proceed, except by leave of the house. For flagrant or re¬
peated violations of order, especially if persisted in after the admo¬
nition of the Speaker, a member shall be liable to the censure of the
house.
59. If any member be called to order by another member, for
words spoken, the words excepted to shall be immediately taken down
in writing, in order that the Speaker and the house may be better -
able to judge the matter.
60. No member shall, while the house is sitting, interrupt or hinder
its business by standing up, leaving his place, moving about the hall,
engaging in conversation, expressing approval or disapproval of any
of the proceedings, or by any other conduct tending to disorder and
confusion.
61. In any one debate on the same question, no member shall
speak more than once, till all others have spoken who desire to do so,
nor more than twice, without the consent of a majority of the mem¬
bers present.
Ascertaining the Question.
62. If the question for decision include several distinct propo¬
sitions, any member may have the same divided; but a motion to
strike out and insert shall not be so divided, nor shall a motion to
strike out, being lost, preclude either amendment or a motion to strike
out and insert. In filling blanks, the question shall be put first upon
the largest sum and the longest time. No motion or proposition or
a subject different from that under consideration shall be admitted
under color of amendment.
63. When a question is before the house, no motion shall be re¬
ceived, unless specially provided for, except to adjourn; to pass by;
to lay upon the table; to postpone for a specified time or purpose; to
§02 jouftnal gf the hotjse of delegates.
commit or amend5 to dismiss; which, several motions shall have pre¬
cedence in the order in which they are arranged. If the motion to
jpass by, or to lay upon the table, or to postpone, shall prevail, a mo¬
tion to print shall he in order before proceeding to the consideration
of another subject; but shall he decided without debate.
64. The motions to pass by, to Jay upon the table, for the previous
question and for the pending question shall not he debated; nor shall
debate be allowed on a motion to take up a subject from the table, or
to reconsider any question which was not debatable. . When a ques¬
tion not debatable is before the house, all incidental questions arising
after it is stated to the house shall be decided and settled, whether
on appeal or otherwise, without debate; and the same rule shall apply
to incidental questions arising after any question is put to the house,
Pending and Previous Questions.
65. Pending a debate, any mdmber who obtains the floor for that
purpose only, and submits no other motion or remark, may move for
"the previous question" or "the pending question;" and in either
case, the motion shall be forthwith put to the house. Two-thirds of
the members present shall be required to order the main question;
but a majority may require ah immediate vote upon the pending
question, whatever it may be.
66. The previous question shall be in this form : " Shall the main
question be now put? " If carried, its effect shall be to put an end
to all debate, and bring the house to a direct vote upon a motion to
commit, if pending; then upon amendments reported by a committee,
if any; then upon pending amendments; and then upon the main
question. If upon the motion for the previous question the main
question be not ordered, debate may continue as if the motion had
not been made.
Talcing the Vote.
67. The Speaker shall rise to put a question, but may state it sit¬
ting. Questions shall be distinctly put in the following form, vizi
"As. many as agree that, &c. (as the question may be), say Aye;"
and after the affirmative vote is given, " Those opposed, say No."
If the Speaker doubts, or a division is called for, the house shall di¬
vide, those in the affirmative of the question rising first from their
seats, and afterwards those in the negative. If required, the Speaker
shall cause the result to be ascertained by a count.
68. The yeas and nays on any question may be called for at afiy
time before proceeding to another question, or proposition, but being
once refused, they shall not be again demanded on the same question;
and any member shall have a right to vote at any time before the de¬
cision is pronounced by the chair.
69. Upon a division of the house on any question, a member who
is present and fails to vote shall, on the demand of any other mem¬
ber, be counted on the negative of the question; and when the yeas
JQUBNAL OF THE HOUSE OF DELEGATES.
203
and nays are taken shall, in addition, be entered upon the journal as
present and not voting.. But no member who has an immediate and
special personal interest in the result of the question, shall either yote
or be counted upon it.
Reconsideration.
70. When a question has been decided, it may be reconsidered On
the motion of any member who voted with the prevailing side: pro¬
vided it be made on the same day or within the next "two days of ac¬
tual session. The motion may be entered as a matter of privilege,
and shall take precedence of everything except special orders and
other questions of privilege, and be disposed of in the morning hour
or with the calendar, as the case may be. All motions to reconsider
shall be decided by a majority of the votes of the members present.
Bills, &c.
71. Every bill shall receive three several readings in the house pre7
vious to its being passed, and it shall be distinctly announced at each
reading, whether it is the first, second or third time.
72. The first reading of a bill shall be for information merely, and
it shall go to a second reading without a question.
73. Upon the second reading of a bill, it shall be open to amend¬
ment or commitment, or to any of the motions provided for in Eule
63; and the final question shall be—"Whether it shall be engrossed,
and read a third time? "
74. A bill ordered to be engrossed shall not have its third reading
until the engrossment is actually and properly done; but, in the case
of a senate bill, the engrossment shall only apply to such amend¬
ments as»may have been mac^e in the house.
75. No amendment to a bill shall be received upon its third read¬
ing, by way of rider or otherwise; but a bill may, at any time before
its passage, be committed or recommitted, and when reported back,
shall be placed upon the calendar, and if amended, shall, whether on
its second or third reading, be engrossed, as may be necessary.
76. On the third reading of a bill, the question shall be—" Shall the
bill pass? "
77. The title of a bill, and such parts thereof only as shall be af¬
fected by proposed amendments, shall be entered upon the journal.
78. Joint resolutions intended to have the force and effect of law,
or to express the opinions, wishes or purposes of the general assembly
upon any matter not connected with the preparation,.. direction or
conduct of its business, shall be introduced, considered and disposed
of in all respects as provided in regard to bills.
Petitions.
79. Petitions of private- nature once rejected shall not be heard
again unless upon new evidence, and not oftener than once under any
circumstances,
204
JOURNAL OF THE HOUSE OF DELEGATES.
80. If a petition or memorial relate to a subject of local interest,
as the division of a county, the establishment of a ferry, or the like,
it shall not be allowed until it shall appear that the intention to pre¬
sent such a petition or memorial has been duly and fairly made known
to the community to be affected.
81. If it relate to a matter of private right or interest, it shall
appear that the parties to be affected have had notice at least equal
to that required by law in regard to matters to, be transacted in a
court of justice.
82. No petition shall be allowed claiming a sum of money or pray¬
ing the settlement of unliquidated accounts alleged to be due from
the state, unless it be accompanied by a certificate of the executive
or auditor stating why the claim has not been allowed and paid.
83. The same objections shall apply to acting upon such matters
by bill or resolution without petition or memorial; and the several
committees of the house shall be charged with the duty of reporting
specially on these points in connection with any action proposed to
be taken on such subjects.
84. Original papers filed as exhibits with any petition may be
withdrawn by the petitioner or upon his order, or his leaving attested
copies, for which he shall pay the clerk at the rate provided by law
for other copies made by him.
Messages.
85. It shall be the duty of the clerk, without any special order
therefor, to communicate to the senate any action of the house upon
business coming from the senate, or upon matters requiring the con¬
currence of that body; but no such communication shall be made in
relation to any action of the house while it remains open for recon¬
sideration.
Manual and Rules.
86. The rules of parliamentary practice, comprised in Jefferson's
Manual, shall govern the house in all cases to which they are appli¬
cable, and in which they are not inconsistent with the rules of the
house, and such joint rules as are, or may from time to time be estab¬
lished by the two houses of the general assembly.
87. The rules of the house shall not be changed or suspended, ex¬
cept by a vote of two-thirds of the members present, to be ascer¬
tained by an actual division of the house; nor shall any motion to
suspend a rule of the house be debated.
No. 119, A bill to amend and re-enact the provisions of the Code
of 1860, and the acts subsequent thereto, in regard to the public
printer and the public printing, was read a second time; and the
question being on the engrossment of the bill, on motion of Mr.
Evans, the bill was amended by striking out, in the 28th line, the
words " enrolled on parchment," and inserting the words " recorded
in a book."
* On motion of Mr. Evans, the bill was amended by striking out, in
2d line, paragraph 1, the word "fifty," and insert the wd "forty.'"
journal of the house of delegates.
205
On motion of Mr. Evans, the bill was amended by striking out, in
the 2d line of paragraph 2, the words "three hundred/' and inserting
the words " two hundred and forty."
On motions severally made by Mr. Word, the bill was amended as
follows:
Strike out, in 2d line of paragraph 6, the words " five hundred,"
and insert " two hundred and forty."
Strike out, in 1st line of paragraph 7, the words " five hundred,"
and insert " two hundred and forty."
On motion of Mr. Evans, the bill was amended by striking out the
12th paragraph.
Mr. Dunnington moved to amend the bill by adding in the 10th
line of paragraph 14, after the word "newspaper," the words "or
other printing establishment;" and the question being on agreeing
thereto, was put, and decided in the negative.
Mr. Garnett moved to suspend the rule, to enable him to move a
reconsideration of the vote by which the amendment of Mr. Dunning¬
ton was disagreed to; and the question being on the suspension of
the rule, was put, and decided in the negative.
Mr. Word moved to amend the bill by striking out, in the 10th
line of paragraph 14, the words " newspaper in any capacity what¬
ever," and inserting the words " printing establishment printing for
the state;" and the question being on agreeing thereto, was put, and
decided in the negative.
Mr. Atkinson moved to amend the bill by striking out, in the 9th
and 10th lines of paragraph 14, the following words: "and that he
will not, during his continuance in office, be connected with any news¬
paper in any capacity whatever;" which motion was not agreed to,
Mr. Garnett moved that the house do -now adjourn; and the ques¬
tion being on agreeing thereto, was put, and decided in the negative.
Mr. A. J. Clark moved to amend the bill by adding after the word
" any," in the 10th line, paragraph 14, the words " public printing
establishment, or."
Mr. Gibboney moved that the bill be laid upon the table. Pend¬
ing which,
On motion of Mr. Dickenson, the house adjourned until to-morrow,
twelve o'clock.
SATUEDAY, January 20, 1866.
i
A communication from the senate, by their clerk, was read as
follows: n
In senate, January 19, 1866.
The senate have passed house bills entitled:
An act to incorporate the Southern accident insurance company^
N°An°act to incorporate the Atlantic dock and iron company, No. 68.
206- JOURNAL OF THE HOUSE OF DELEGATES.
Mr. Wall, from the committee of .privileges and elections, presented
the following report, which was agreed to:
The committee of privileges and elections, to whom was referred
the resolution of the member from Accomack county, asking the
establishment of an election precinct at Sykes' island in said county,
heg leave to report, that, inasmuch as the county courts have power,
by section 2, chapter 5 of the-Code of 1860, to dispose of, all such
questions, your committee ask to he discharged from its further con-i
sideration.
A message was received from the senate by Mr. Lemosy, who in¬
formed the house of delegates that the senate had passed a preamble
and resolution concerning the debt due by the citizens of Virginia
under the act of congress of 1861; in which they respectfully re¬
quested the concurrence of the house of delegates.
Mr. Joynes, from the committee for courts of justice, presented the
following report:
- The committee for courts of justice have, according to order, had
under consideration the hill entitled a bill to stay the collection of
debts for a limited period, and a substitute therefor, referred to them
by the house, and heg leave to submit the following report:
There is no more important or difficult subject before the general
assembly than the stay law. Its power over the subject is ques¬
tioned; and if its power was unlimited, the question how that power
shall be exercised in detail would still be most complicated and diffi¬
cult to solve, and necessarily involve great difference of opinion, pro¬
ducing "endless propositions of amendment and consequent delay in
legislation, if not the defeat of all proposed measures, from inability
to agree on any. A perception of this danger, doubtless, induced the
house to recommit the bill heretofore reported, with all propositions
of amendment, to see if the committee, being a less cumbrous body,
might not be able by a report, defining, as far as practicable, the
power of the general assembly over the subject, and classifying the
objects of the amendments, with appropriate comments on each class,
to introduce something like order in the discussion, and limit its
range within a more narrow compass. The committee understand
this to be the function they are to perform; and if so, the first ques-l
tion they must address themselves to is the limits of the power over
the subject. When this point is settled, perhaps we may find that
some of the object of amendment will be disposed of, as beyond the
scope of our power.
The limit on our power grows mainly out of a clause common to
both the constitution of the United States and that of Virginia. It
is, in substance, that " no state shall pass a law impairing the obli¬
gation of a contract." This prohibition we must obey, otherwise our
law will be pronounced void, and we will fail to give the relief that
the situation of our people requires. What does this prohibition
mean? what is the extent of its limitation of our powers, is the
question to be solved. It has been much discussed and disputed; it
remains in a very unsettled state. It would far transcend the proper
JOtJENAL OF THE ftOUSE OF DELEGATES.
207
limits of a committee's report to enter into it at large, nor is it at all
necessary; every purpose would be answered by dealing with its bear¬
ing on the objects the legislature have in view—the relief which it is
believed the situation of our people requires at our hands.
The position on one side of this question is, that the prohibition,
by its letter and its meaning, only forbids us to impair the obligation
of the contractj*and leaves our power over the remedies untouched
and supreme. It is answered to this, that such a construction would
render the prohibition idle and a degid letter; for then we might deny
forever all remedies to enforce the contract; and where then would be
the obligation to perform P It is admitted on this side of the ques¬
tion, that we have some power over the remedies, but it is contended
that such power is confined to allowing ample time before final judg¬
ment for full investigation to arrive at the real merits of the case
(though thereby the plaintiff is delayed), and after judgment to allow
convenient and proper time for the ministerial officers to carry out
the judgment of the court. But it is denied that we can shape or
deal with the remedies so as to give time to the debtor to suit the
necessities of his position, and save his property from sacrifice, no
matter what may be the general status of the country, and how
widespread the ruin that would ensue from the adoption of its con¬
struction.
i Your committee think that neither of these extreme positions is
tenable, but that the sound construction lies between them. The
first position will be sufficiently disposed of in dealing nvith the
second, which interposes the only obstacle in our path. It will be at
once perceived that this second position, by its own terms, has to
abandon everything like a literal construction or mere verbal dissec¬
tion of the language of the prohibitory clause, for it admits that for
all the purposes of investigation before final judgment, and to give
convenient time to officers to execute the judgment, the plaintiff may
be properly delayed, however just his claim may really be. Now, this
is an admission that there are objects of such paramount propriety
and justice to be aimed at in dealing with judicial remedies, that the
right of a plaintiff to demand an enforcement of the- obligation of
his contract, in the feature of time, must yield to them when it comes
in conflict with them. And it narrows the question down to this:
What are these objects of paramount propriety and justice, to which ,
the right of the plaintiff must yield when a conflict occurs ? Are
they confined to the narrow limits of time to investigate into the
merits of the case and to execute the judgment ? or, are there not
other legitimate objects of such paramount justice and propriety as
equally to demand that the plaintiff's right to speedy enforcement of
the obligation of his contract should yield to them?
A concise reference to the principles, both of equity and law, in
force at the time the constitution of the United States Was adopted,
and now in force, will help to throw light on this question. Take the
case of vendor and purchaser, where, by the letter of the contract, it
was to be carried into execution by a' certain day, and the vendor not
208
JOURNAL OF THE HOUSE OF DELEGATES.
being able to perfect his title by the day, the purchaser refuses to
comply with his purchase, though the vendor, in some reasonable
time after the day, offers him a perfect title. Courts of equity, in
such cases, say, " that time is not of the essence of the contract,"
and compel a specific performance. So, in the converse of the case,
where the purchaser is not prepared with the purchase money at the
day, but tenders it in a reasonable time after, though the vendor is a
creditor, and has been delayed in receiving his debt, equity still says,
"time is not of the essence of the contract," and compels him to
comply with his bargain. Take cases of closer analogy: At a sale of
property under a deed of trust to secure a debt, the property sells for
a clearly inadequate price, and equity is applied to, to set aside the sale,
and to. decree a resale on the ground of inadequacy, and always gives
the relief. There the creditor is delayed, and the motive or object of
the court is to prevent a merciless, sacrifice of the debtor's property,
the very effect and object of every stay law. So, too, where equity is
called on to substitute itself for a trustee, and to direct a sale for the
payment of the debts, it requires its officer to report the bidding to
the court; and if, before confirmation, a reasonable advance is offered
by any one, equity holds the new bidder to his bid, but directs the
property to be again put up at public sale, to see if some one will not
offer still more. This delays the creditor, and frequently greatly de¬
lays him, yet his right to speedy payment is made to yield, on a prin¬
ciple of natural justice and humanity adopted by the courts, to the
right of the debtor, to require that his property should be made to
produce as near as practicable its true value. So, too, in courts of
law, tied down by strict technicalities, and with less latitude to do
justice, yet it is an established principle, that when it comes to a sale,
the sheriff, their officer, must disregard what is termed a nominal bid,
and return, "No sale for want of bidders." And this expression,
" nominal bid," in practice, is made to exclude all bids that do not
bear some reasonable proportion to the true value of the property.
There, again, the creditor is delayed, and for the avowed purpose of
shielding the debtor from a ruinous and unjust sacrifice of his pro¬
perty. These principles of judicial law were in full force when the
constitution of the United States was adopted, and must have been
familiar to its framers. They are still in full force, and no one has
ever pretended, or will venture to .contend, that the prohibition to im¬
pair the obligation of a contract "was designed to, and should have
the effect, to blot out this whole branch of the jaw, and strip the
courts of this part of their then existing jurisdiction. It certainly
has produced no such effect. Yet what an anomaly it would be to
ut such a construction on this prohibition as would leave courts free,
y what is mere judicial legislation, to impair the obligation of con¬
tracts in this feature of time, and yet to deny this power, within the
same proper limits of principle, to the legitimate possessors of all
legislative power, the legislatures themselves. Your committee think
such a construction entirely untenable, and therefore unhesitatingly
assert the power of the general assembly to jnake the right of the
JOURNAL OF THE HOUSE OF DELEGATES.
209
creditor to speedy payment, yield (as courts have, within their pro¬
vince, been in the habit of making it yield) to the right of the debtor,
to ask, on paramount principles of propriety and justice, that his
property should be protected from ruinous sacrifice by forced sales,
even at the expense of the necessary delay to the creditor; and this
principle has been adopted by the congress of the United States and
by the state legislature, in the laws relating to forthcoming bonds and
the fctiy of execution, the validity of which is beyond question. Your
committee think they place this power of the legislature on its true
ground, and confine it within its true limits. It rests on the neces¬
sity of delaying the creditor, in order to attain the paramount object
of preserving the debtor's property from ruinous sacrifice. And this
necessity must actually exist, growing out of the actually existing
status of the country when the stay law is passed, to justify and le¬
galize the stay law. So the law, in its interference with the creditor's
rights, must be limited to effect this legitimate object, and interfere
no farther than is necessary for the purpose; otherwise, it becomes an
improper law, not justified by the emergency, and of more than doubt¬
ful validity under the constitution. To be efficient to shelter our peo¬
ple from the ruin with which they are threatened, wer should make it
such a law as all courts, both state and federal, would be bound to re¬
spect and enforce.
Now, apply these restrictions to the various propositions and
amendments, and to some of the features of the bill as originally re¬
ported and referred back to the committee. One class of amendments
propose to deprive the creditor, while the law is in force, of the right
to sue and obtain judgment and a lien—that is, to shut the courts of
justice against him. Is this necessary for the legitimate object of the
law, the shielding of the debtor from forced sales and ruinous sacrifice
of his property? Clearly not. A judgment, without the right to
issue an execution, threatens no sacrifice of property; it only secures
the creditor's debt by a lien on Kis debtor's property. What right
have we to deprive him of the power to do this ? What paramount
necessity is there for it? True, it would prevent suits and accumu¬
lation of cost, and in that aspect, might be beneficial, and certainly
very acceptable to the debtor; but .if such an object is legitimate, and
would justify a stay law, why? It always exists, and would justify
a perpetual stay law. Your committee think, therefore, that the
creditor cannot, with any propriety, be prevented from suing and ac¬
quiring a lien,' and that to engraft such a feature upon the law would
most gravely imperil its validity. . . " .
If creditors are not prevented from acquiring a lien by judgment,
your committee think there is little propriety and no necessity re¬
quiring us to deprive the debtor of his existing power to give a deed
of trust, or confess judgment in favor of a particular creditor. He
has always had this power, and whilst the right of aH creditors to sue
and acquire liens is left unimpaired, what is there in the existing
state of things that requires that the correlative right of a debtor to
give a lien to a creditor without suit should be interfered with?
27
210
JOURNAL OP THE HOUSE OP DELEGATES.
Your committee can see nothing. It is true, the propriety of leaving
debtors such a right has always been questioned, hut it has heretofore
sustained itself against all attacks, and (what ^ certainly is entitled to
weight) nowhere better than in great commercial marts, where credi¬
tors and debtors "must so congregate," and are brought in closer
connection with each other. It never damages the arrangement which
a failing merchant is able to make with his creditors at large, that he
should first have provided for what, in commercial phrase, are termed
his confidential debts. There must be some merit in a principle that
thus, in practice, secures the acquiescence and assent of both the
creditor and debtor classes. At any rate, such a change of the law is
foreign to a stay law, unless the stay law prevents creditors from se¬
curing and acquiring a lien by judgment, and ought, if adopted, to
be made the subject of an independent bill, and not be permitted to
encumber a measure already sufficiently delicate and difficult to
handle. This would strike out a feature of the bill as just reported,
and all amendments based on it.
There is now due upon a large portion of the indebtedness of our
people, some five years' interest. If the legislature does not interfere
by a stay law, the creditor would be clearly able, either by taking his
debtor's note for these arrearages of interest, or by collecting them, to
make interest on them. This gives him a right to require that, if his
hands are stayed in the collection of these arrearages, he shall, at
least, be allowed interest on them, for this would not involve a sacri¬
fice of the debtor's property. This feature of the original bill is,
therefore, preserved in the bill now submitted.
The question necessarily arises, how long the stay law, now to he
passed, should be made to continue? The answer seems to be given
by the principles already laid down. The adoption of a stay law at
all can only be justified by a status of the country, rendering it ne¬
cessary to prevent ruinous sacrifices of property by forced sales. It
should cease when that status is changed, and the necessity has
ceased. And it should not, in its origin, be shaped to continue longer
than the legislature can clearly see that the status and the necessity
must continue. This is the more proper because it can be renewed,
if the "state of things at the time of its expiration requires it. This
would, perhaps, in strictness, require that it should not at present he
made to continue longer than a single year. But something is due
to the nervousness of the people, and something is requisite in the
shape of present assurance of a reasonable continuance of their
breathing spell, to give them heart and spirit to work. Besides, there
is no reasonable ground to hope that the existing state of things will
very materially change before the end of two years. The committee,
therefore, adhere to their original recommendation that the stay law
should extend to the first day of January 1868, but strongly recom¬
mend that it should not now be extended beyond that date.
Propositions have been submitted that the legislature should divide
the principal into instalments and spread its payment over a series of
years. This would be not merely suspending the obligation of the
JOURNAL OF THE HOUSE OF DELEGATES,
211
contract, but would be really remaking tbe contract in detail for the
parties. ^ The legislature can properly exercise no such power; there
is no existing necessity for their usurping it. Such details ought to
be left, and may safely be left to the parties themselves, to arrange
during the continuance of the s.tay law. In the present state of the
currency, there is little ground to fear that debtors will not pay as
fast as they can, without ruinous sacrifice of their property. They
will not desire to postpone payment till they have to pay in gold and
silver, or their equivalent.
The committee think that one year's interest on the aggregate prin¬
cipal and interest due on the 1st of January 1866 should be required
to be paid in or at the end of the current year, and that regular an¬
nual payments of interest thereafter should be exacted. The same
principle requires the payment of accruing rents, annuities and other
similar claims that are in the nature of income or interest. This
feature is preserved in the bill submitted.
With respect to guarding against debtors absconding or removing
their property or its proceeds, when sold without paying their debts,
the committee think it will be sufficient to except all such cases from
the benefit of the stay law. There are stringent provisions in the
law now existing, guarding against the evils: if they are inadequate,
or can in any'way be made more effectual, they should be amended;
but there is no natural, certainly no necessary or intimate connection,
between them and a stay law; and such changes of the law, if pro¬
per, should not be permitted to cumber this bill.
These views and principles have governed the committee in framing
the bill which they now report. There are minor details embodied in
it, which will speak for themselves, and require no explanation.
The committee, therefore, report back the bill and substitute refer¬
red to them, and recommend that they be'laid on the table, and re¬
port a new bill, with a recommendation that it pass.
Which said report was, on motion of Mr. Watkins, ordered to be
printed.
No. 140, A bill to stay the collection of debts for a limited period,
reported by the committee, was read the first time, and ordered to be
read a second time.
On motion of Mr. Joynes,
No. 31, A bill providing for staying the collection of debts for a
limited period, which, with the pending amendment^ was reported
back from the committee for courts of justice, was laid upon the
table.
Mr. Watkins, from the committee of schools and colleges, reported
the following bills, which were read the first time, and ordered to be
read a second time:
No. 141, A bill for the relief of incorporated colleges and other
seminaries of learning of the state.
No. 142, A bill making an appropriation to the university of Vir¬
ginia.
No. 143, A bill to authorize the county courts of King George and
Stafford to borrow money for educational purposes.
212
journal of the house of delegates.
Mr. Graham, from the committee of roads and internal navigation,
reported the following bills, which were read the first time, and or¬
dered to be read a second time:
No. 144, A bill transferring turnpikes to counties in which they lie.
No. 145, A bill to extend the charter of the James river and Ka¬
nawha company.
On motion of Mr. Garnett,
Resolved, That the committee on lunatic asylums be authorized to
appoint a sub-committee to visit the deaf and dumb asylum at Staun¬
ton, with power to send for persons and papers, if necessary.
Mr. Lee moved that all bills now pending and not printed, he
printed; and the question being on agreeing thereto, was put, and de¬
cided in the negative.
Mr. Grattan moved that all bills to incorporate companies for more
than one purpose be printed.
Mr. Garnett moved to amend the motion by adding thereto the fol¬
lowing: " provided, that the party asking tor acts of incorporation
shall deposit with the clerk of the house of delegates an amount suf¬
ficient to pay the expenses of printing the same;" and the question
being on agreeing thereto, was put, and decided in the negative.
The question recurring on agreeing to the motion of Mr. Grattan,
was put, and decided in the affirmative.
The trial of Mr. H. Rives Pollard, charged with a breach of the
privileges of the house, came up.
Mr. Pollard appeared in discharge of his recognizance.
Mr. Braxton offered the following resolution:
Resolved, That H. Rives Pollard be discharged from the custody
of the sergeant-at-arms of the house, and that further proceedings
against him be discontinued, upon Mr. Pollard's disclaimer on oath,
in writing, that he intended no disrespect to or contempt of the house
in the recent rencontre in the rotunda of the capitol.
The question being on agreeing thereto, was put, and decided in
the negative.
Mr. Grattan moved that the trial be postponed, on account of the
absence of a witness (Mr. D. F. Slaughter), until Thursday next^
and the question being on agreeing thereto, was put, and decided in
the negative.
Mr. Pollard, through his counsel, presented an affidavit in relation
to the affray; which, on motion of Mr. Joynes, was ordered to he
spread on the journal, as follows:
Richmond, January 20, 1866.
To the Honorable House of Delegates of Virginia:
Under the solemn responsibilities of my oath, I make the
following statement:
In the Examiner of the I felt it to be my duty to make cer¬
tain comments on the matter of public printing. Whatever was per¬
sonal in the article, in no manner affected Mr. Coleman. It related
to matters connected with, the. former course of the Richmond Ea-
journal of the house of delegates.
213
quirer, at a time when Mr. Coleman had no connection with that
journal, and when he was not a resident of the city of Richmond, and
contained allusions which pointed to Mr. Tyler alone. The Enquirer
on the following day responded in an editorial, which charged me
substantially with deliberate falsehood. As any honorable man would,
I smarted under the insult. I did not pursue the usual course amongst
gentlemen with Mr. Tyler, because I knew very well that he would
not accept a challenge. He had before been tried in such matters.
With Mr. Coleman, I had no cause of quarrel. I held him to no
sort of responsibility for the obnoxious article. I did, however, de¬
termine to inflict chastisement upon Mr. Tyler for the insult. Ac¬
cordingly, I sought him in various quarters during the whole of the
day of the appearance of the article; but, either from his evasions or
otherwise, I did not encounter him. On the second day I proceeded
to the capitol, with the expectation of meeting Mr. Tyler somewhere
in its neighborhood. I now solemnly avow that I did not go to the
capitol building for the purpose of inflicting chastisement upon Mr.
Tyler within its precincts. My expectation was, that I should meet
Mr. Tyler somewhere in the vicinity of the hall, charge him with the
insult and follow him out, where we could have some settlement of
the difficulty at another place. In this temper and ^yith this purpose,
I met Mr. Tyler as he came out of the hall. In moving towards him,
I distinctly saw a pistol in his hands,'presented as if for the purpose
of assault. Not until I saw Mr. Tyler's pistol, did I draw or attempt
to draw any weapon. When I saw his pistol, I exclaimed, " That is
what you want, is it," at the same time drawing my pistol. I did
not fire at Mr. Tyler at all during the entire difficulty. My impres¬
sion- is very strong that Mr. Tyler fired at me, however. I did not
fire a pistol at any person until I was shot at by Mr. Coleman, and
then I only returned his fire, discharging three barrels of the six. I
am absolutely certain that Mr. Coleman fired at me first. This is
confirmed by the fact that I had no cause of quarrel with Mr. Cole¬
man. I felt no bitterness towards him. My qUarrel was with Mr.
Tyler. Why, when he was present, should I fire at Mr. Coleman,
unless it was because he first discharged his pistol at me? My im¬
pression is that Mr. Coleman fired at me twice. Be that as it may,
I am entirely confident, and in this am sustained by the witnesses,
that Mr. Coleman fired at me first. In returning his fire, I acted
only in self-defence; and therefore I claim, that as far as the pistol
shots are concerned, I was in no respect the aggressor. I drew my
pistol only because Mr. Tyler exhibited fiis. The exhibition of the
weapons and the firing were all unpremeditated on my part, and oc¬
curred in consequence of the acts of my opponents.
I again aver that I intended no indignity to the house or its mem¬
bers. I have too high a respect for the legislature and its members
personally, to have contemplated an encounter in or near the hall, or
to have purposed any other species of contempt. It gives me plea¬
sure so to state now on oath, and to reiterate my high regard for
them. ' ^ ^
H. Rives Pollard.
214
JOUBNAL OF THE HOUSE OF DELEGATES.
State of Virginia—City of Richmond, to wit:
I, Robert D. Ward, a notary public for tbe said city, in
tbe state aforesaid,' do certify, that H. Rives Pollard made oath be¬
fore me, that the foregoing statement, to which his name is signed, is
true. Given under my hand this 20th day of January 1866.
Robekt D. Waed, N. P.
The following witnesses were sworn and examined: Messrs. A. J.
Marshall, E. Ross, W. E. M. Word, C. W. Butts, F. Daniel, D.
Carter, R. W. Burke, J. M. Hannah and E. F. Keen; and no other
testimony being offered,
Mr. Lee moved that Mr. Pollard be discharged; and the question
being on agreeing thereto, was put, and decided in the negative.
Mr. Scott moved that the rule be suspended, to enable him to move
a reconsideration of the vote by which the motion of Mr. Lee was
rejected; and the question being on agreeing thereto, was put, and
decided in the negative.
Mr. Lee moved that Mr. Pollard be reprimanded by the Speaker
and discharged.
Mr. Woodson moved to amend the motion of Mr. Lee by substi¬
tuting therefor the following:
"Resolved, as the judgment of this house, that H. R. Pollard has
violated the privileges of this house, and that he be denied the privi¬
leges of this hall during the remainder of this session."
The question being on agreeing to the resolution of Mr. Woodson,
Mr. Woodson demanded the previous question; which was seconded
and sustained by the house; and the main question being put, was
decided in the negative.
The question recurring on agreeing to the motion of Mr. Lee, was
put, and decided in the affirmative.
The Speaker then reprimanded Mr. Pollard, and ordered his discharge.
On motion of Mr. Smith, leave of absence was granted a sub-com¬
mittee of the committee on lunatic asylums to visit the asylum at
Staunton, viz: Messrs. Smith, Purdy, Woltz, W. F. B. Taylor, New¬
berry and W. T. Clark.
On motion of Mr. Dickenson, the house adjourned until Monday,
twelve o'clock.
MONDAY, Januaby 22, 1866.
Prayer by Rev. Dr. Duncan of the Methodist Episcopal church.
A communication from the senate, by their clerk, was read as fol¬
lows :
Jn senate, January 20, 1866.
The senate have passed house bill entitled:
An act amending sectiop 33, chapter 184 of the Code, concerning
officers' fees for taking care of criminals, No. 67.
JOURNAL OF THE HOUSE OF DELEGATES.
215
An act declaring the house of Captain E. D. Seaman, in Nelson
county, an election precinct, No. 96.
They have passed a hill entitled:
An act to incorporate the Virginia and North Carolina land, emi¬
gration and colonization society, No. 17; in which they respectfully
request the concurrence of the house of delegates.
No. 17, Senate hill entitled an act to incorporate the Virginia and
North Carolina land, emigration and colonization society, was read a
first and second times, and referred to the committee of propositions
and grievances.
The following hills, &c., reported from the committee of proposi¬
tions and grievances, were read the first time, and placed on the cal¬
endar for a second reading:
No. 147, A hill to incorporate the Virginia steam sugar refining
company.
No. 148, A hill to amend and re-enact the 1st paragraph of the
36th section of chapter 88 of the Code of 1860.
No. 149, A hill to incorporate the union car works manufacturing
company.
No. 150, Joint resolution in relation to the charter of the city of
Williamsburg.
The following hills, reported from the committee of roads and in¬
ternal navigation, were read the first time, and placed on the calen¬
dar for a second reading:
No. 51, A bill in regard to the Eockingham turnpike company.
No. 152, A bill to incorporate the Valley railroad company.
On motions severally made, leave of absence was granted Messrs.
Daniel, Garrett and Graves.
Mr. Bekem submitted the following resolution (under Eule 39),
and the house refusing to refer it, the same was agreed to:
Eesolved, That the committee of roads and internal navigation en¬
quire into the condition of the Virginia and Kentucky railroad, and
what action, if any, ought to be taken in relation to the same by the
hoard of public works; and that they have power to send for persons
and papers.
No. 89, A hill relating to fences and for the protection of crops
(received from the senate with amendments), was referred to the com¬
mittee on agriculture and manufactures.
Senate joint resolution concerning the debt due by the citizens of
Virginia under the act of congress of 1861, was read a first and
second times.
On motion of Mr. Grattan, the rule requiring this resolution to be
referred to a committee was suspended, and the resolution was placed
upon the calendar.
The following papers were presented and referred, under rule 37:
By Mr. Straughan:
A concurrent resolution appointing Wednesday, 24th instant, at
one o'clock, as the time to decide, by the vote of the two houses,
216
JTOUBNAL OF THE HOUSE OF DELEGATES.
whether or not they will, protract the session of the legislature beyond
the constitutional limit of sixty days; which was referred to the com¬
mittee for courts of justice.
By Mr. Baldwin:
A bill concerning negro testimony; which was referred to the com¬
mittee for courts of justice.
By Mr. Watkins:
A bill to provide for reporting an abstract of the decisions of the
court of appeals; which was referred to the committee for courts of
justice.
By Mr. Hurst:
A communication from the common council of th^ city of Ports-
mouth, in relation to the appointment of a high constable; which
was referred to the committee for courts of justice.
By Mr. Pate:
A bill to amend and re-enact the act passed February 7th, 1865,
entitled an act for the relief of persons hiring negroes in certain
cases; which was referred to the committee for courts of justice.
By Mr. English:
The memorial of Joseph Padgett of Alexandria county; which
was referred to the committee of claims.
By Mr. Dunnington:
The remonstrance of F. A. Weedon, and other citizens of Prince
William county, living near the Orange and Alexandria railroad,
against the repeal of the fence law; which was referred to the com¬
mittee on agriculture and manufactures.
By Mr. Watkins:
The petition of citizens of Appomattox, asking the passage of an
act prohibiting the distillation of grain; which was referred to the
committee on agriculture and manufactures.
By Mr. A. J. Clark:
A bill authorizing the increase of the capital stock of the Virginia
and Tennessee railroad company; which wTas referred to the commit¬
tee of propositions and grievances.
By Mr. Robertson:
A bill to release to the city of Alexandria the interest of the com¬
monwealth in the Alexandria canal company; which was referred to
the committee of roads and internal navigation.
By Mr. Hurst:
A bill amending and re-enacting the 13th section of chapter 157 of
the Code of 1860, so as to create the office of judge of the court of
hustings for the city of Portsmouth; which was referred to the com¬
mittee for courts of justice.
By Mr. Evans:
A hill to incorporate the Brush mountain mining and manufac¬
turing company ; which was referred to the committee of roads and
internal navigation.
By Mr. Robertson:
Resolved, That the committee of roads and internal navigation en-
JOURNAL OF THE HOUSE, OF DELEGATES.
217
quire into the expediency of transferring the stock held by the state
of Virginia in the Alexandria canal company to the city of Alexan¬
dria; and report by bill or otherwise.
By Mr. English:
Resolved, That the committee of propositions and grievances be
instructed to enquire what legislation, if any, is necessary in regard
to the office of state vaccine agent; and report by bill or otherwise.
By Mr. Scott:
Besolved, That the comfffittee of schools and colleges be instructed
to enquire into the expediency of providing by law for some better
system of primary education.
By Mr. Garnett:
"Resolved, That the committee for courts of justice enquire into the
expediency of amending the 33d and 34th sections of the 49th chap¬
ter of the Code of 1860, so as to provide further exemptions from
.levies and sales, for the benefit and support of the families of insol¬
vent debtors.
By Mr. Watkins:
The petition of citizens of Prince Edward county, Virginia, for the
incorporation of the planters savings bank of Farmville;.and
A bill for the same purpose.
Which petition and bill were referred to the committee of propo¬
sitions and grievances.
On motion of Mr. Pendleton, the report of the committee of claims,
heretofore laid on the table, was taken up. '
Mr. Lee moved to recommit the report. Pending which,
The morning hour having expired,1 the unfinished business on the
calendar, which is
No. 119, A bill to amend and re-enact the provisions of the Code
of 1860, and the acts subsequent^ thereto, in regard to the public
printer and the public printing, came up.
On motion of Mr. Grattan, the rule was s> ipended, to enable him
to move to postpone the unfinished business .nd take up
Senate joint resolution concerning the d t due by the citizens of
Virginia under the act of congress of 1861.
The postponement was agreed to, and the . oil on taken up.
The question being on the third reading of i..." ^solution, was put,
and decided in the negative.
Resolved, That the resolution be rejected.
The unfinished business again came up.
The pending amendment of Mr. A. J. Clark was withdraw!!.
On motion of Mr. Waddell, the bill was amended by striking out,
in the 9th and 10th lines of paragraph 14, the words 'tond'that he
will not, during his continuance in office, be connected with any news¬
paper in any capacity whatever," and inserting in lieu thereof the
words "and he shall not, during his continuance in office, be con¬
nected with any newspaper or other printing establishment, in any
capacity whatever."
Mr. Stearns moved to amend the bill by gdding, at the end of the
28
218
JOURNAL OF THE HOUSE OF DELEGATES.
lOtli line of paragraph 14, "except as a journeyman printer;" which
was rejected.
On motion of Mr. Evans, the hill was further amended as follows:
Strike out, in the 9th line of paragraph 14, the word "work," and
insert the word "same."
Add after word "him," in the 7th line of paragraph 14, the words
" or in the contracts for the paper which he shall purchase under the
17th section."
Add after the word " contract," in the second line of paragraph 15,
the words "for the purchase of paper or."
Strike out, in the 3d line of paragraph 15, the word "work," and
insert the word "same."
Mr. Watkins moved to amend the bill by striking out, in the 2d,
3d, 4th, 5th and 6th lines of paragraph 14, the words "in addition
to the other oaths required to be taken by other officers of the com¬
monwealth, take an oath that he is skilled in and acquainted with the
practical details of the business of printing; that he will;" which
was rejected.
On motion of Mr. Word, the bill was amended by striking out, in
the 6th line of paragraph 16, the word "quarterly," and inserting the
word "monthly."
Mr. White moved to amend the bill by striking out, in the fifth
line of paragraph sixteen, the words "one thousand," and insert the
words "fifteen hundred;" which was rejected.
Mr. Miller moved to amend the bill by striking out, in the sixth,
seventh and eighth lines of paragraph fifteen, the words "and shall be
confined in jail not less than six nor more than twelve months;" which
was rejected.
. Mr. Evans moved to amend the bill by inserting, in lieu of the 12th
paragraph, the following : " Hereafter, at the expiration of each an¬
nual session of the legislature, it shall be the duty of the superinten¬
dent of public printing to have printed the acts and joint resolutions
of the general assembly, and cause to be forwarded by mail", to each
delegate and senator (postage paid), twenty-five copies thereof, to be
distributed by them among the people; and the printer shall be paid,
for printing and mailing the same, in the manner in which he is paid
for other public printing;" which was rejected.
The bill was then ordered to be engrossed to be read a third time.
No. 29, A senate bill entitled an act incorporating the Warwick
manufacturing company in the city of Kichmond, was taken up.
The question being on agreeing to the amendment of the commit¬
tee, was put, and decided in the affirmative.
The amendment of the committee is as follows :
Insert after the word "estate," in the 1st line of 7th section, the
words " not exceeding one thousand acres."
The bill was then read a third time and passed.
A message was received from the senate by Mr. Gray, who informed
the house of delegates that the senate had passed a bill entitled an act
to incorporate the Dover company, No. 41; in which they respectfully
requested the concurrence of the house of delegates.
JOURNAL OF THE HOUSE OF DELEGATES.
219
Senate joint resolution in relation to the Orange and Alexandria
railroad, was read the third time, and on motion of Mr. Joynes, passed
by.
No. 92, An engrossed hill providing for the sale of lands or scrip
donated by congress for education, was read a third time and passed—
ayes 81.
The vote was recorded as follows :
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Braxton, Brown, Browning, Cabell, A. J. Clark, Childress, Davison, Davidson,'Deskins,
Dickenson, Dunnington, English, Evans, Fields, Garnett, Gibboney, Glendy, Graham, Grat-
tan, Graves, Hancock, Harris, Hansbrough, Harnsberger, Holmes, Jackson, Joynes, Kel-
lam, Kendrick, Kilby, Lee, Long, Mann, Martin, Magill, Merritt, Miller, Moore, Morris,
Newberry, Owen, Parsons, Pate, Patterson, Peed, Pendleton, Powell, Purdy, Ragsdale,
Robertson, Scott, Smith, Stearns, Straughan, Strayer, J. McDowell Taylor, W. F. B.
Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Waddell, W%11, Wat-
kins, White, Wilson, Woltz, Wood, Woodson, Wooldridge, Word and Wyatt—81.
The following engrossed bills were read the third time and passed:
No. 72, An engrossed bill for the assessment of persons, property,
income and salaries.
No. 99, An engrossed bill to incorporate the Mantua coal mining
company.
No. 100, An engrossed bill incorporating the town of Port Re¬
public in the county of Rockingham.
No. 101, An engrossed bill authorizing the county court of Nor¬
folk county to borrow money, and for other purposes.
No. 106, An engrossed bill to amend and re-enact section 6 of
chapter 16 of the Code.
No. 113, An engrossed bill providing for the employment of females
to execute certain copying, was read a third time; and the question
being—Shall the bill pass ?
Mr. Pendleton moved the previous question; and the main ques¬
tion being ordered by the .house, was put, and decided in the nega¬
tive—ayes 47; noes 33.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Bekem, Bently, Braxton, Childress, Da¬
vison, Dunnington, English, Fields, Garnett, Gibboney, Glendy, Graham, Grattan, Han¬
cock, Hansbrough, Jackson, Kendrick, Kilby, Lee, Mann, Magill, Merritt, Morgan,
Morris, Newberry, Pate, Pendleton, Powell, Purdy, Robertson, Scott, Smith, Strayer, J.
McDowell Taylor, W. F. B. Taylor, Townes, Trout, W. A. Turner, Wall, Watkins, White,
Wilson, Wood, Woodson and Wyatt—47.
Noes—Messrs. Baylor, Booker, Bowles, Brown, Browning, Cabell, A. J. Clark, David¬
son, Deskins, Dickenson, Graves, Harris, Harnsberger, Holmes, Joynes, Kellam, Long,
Martin, Miller, Moore, Owen, Parsons, Patterson, Peed, Ragsdale, Stearns, Teeter,
Thompson, Z. Turner, Waddell, Woltz, Wooldridge and Word—33.
Resolved, That the bill be rejected.
On motion of Mr. Z. Turner, the vote by which the bill was re¬
jected was reconsidered; and the question being—Shall the bill pass?
On motion of Mr. Pendleton, the bill was passed by.
No. 108, A bill to provide more effectually for the punishment of
horse stealipg, was read a second time. „
Mr. Dickenson moved to the bill by striking out, in the
220
journal of the house of delegates.
third line of the bill, the words "he punished with death, or."
Pending whifch,
Mr. Z. Turner moved that the house do now adjourn; and the
question being on agreeing thereto, was put, and decided in the ne-
gative.
The question recurring on agreeing to the amendment ot Mr. Dick¬
enson, was put, and decided in the negative.
The bill was then ordered to be engrossed to be read a third time.
Ori motion of Mr. Bently, the house adjourned until to-morrow,
twelve o'clock.
TUESDAY, January 23, 1866.
, The journal was read by the clerk.
A communication from the senate, by their clerk, was read as fol¬
lows :
In senate, January 22, 1866.
The senate have j.o'red a bill entitled :
An act to ado1 ao ^ Code of Virginia the edition of the statute
laws published b^ the . retary of the commonwealth, and known as
the Code of Virginia o^ ghteen hundred and sixty, No. 31.
In which they respec ully request the concurrence of the house of
delegates.
No. 31, A senate bill entitled an act to adopt as the Code of Vir¬
ginia the edition of the statute laws published by the secretary of the
commonwealth, and known as the Code of Virginia of 1860, was read
a first and second times, and referred to the committee for courts of
justice.
No. 41, A senate bill entitled an act to incorporate the Dover com¬
pany, was read a first and second times, and referred to the committee
of propositions and grievances.
The following bills, reported from the joint committee on the libra¬
ry, were read the first time, and placed upon the calendar for a second
reading:
No. 154, A bill to authorize the librarian to prosecute for lost or
mutilated books.
No. 155, A bill charging upon the public treasury certain allow¬
ances heretofore authorized to be made out of the library fund.
The following bill, reported from the committee of claims, was read
a first time, and placed upon the calendar for a second reading :
No. 157, A bill for the relief of Joseph Padgett, late constable of
Alexandria county.
No. 156, A bill to prevent and punish unlawful hunting, reported
from the committee for courts of justice, was read a first time, and
placed upon the calendar tQ be read a second time.
'JOURNAL OF THE HOUSE OF DELEGATES.
221
The following concurrent resolution, reported from the committee
for courts of justice, was agreed to:
Resolved, That, with the concurrence of the senate, the present
session of the general assembly be extended beyond the term of sixty
days, for & further period not exceeding thirty days—ayes 77; noes 7.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Braxton, Brown, Browning, Cabell, A. J. Clark, Childress, Davis, Davison, Davidson,
Deskins, Dickenson, Dnnnington, English, Fields, Garnett, Gibboney, Glendy, Graham,
Grattan, Gray, Hancock, Harris, Hansbrough, Herndon, Holmes, Jones, Joynes, Ken-
drick, Kilby, Lee, Lewis, Long, Mann, Martin, Magill, Merritt, Miller, Moore, Morgan,
Morris, Newberry, Owen, Parsons, Patterson, Peed, Pendleton, Purdy, Ragsdale, Robert¬
son, Scott, Beawell, Smith, Straughan, Strayer, W. F. B. Taylor, Thompson, Townes,
Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz, Wood,
Wooldridge, Word and Wyatt—77.
Noes—Messrs. W. T. Clark, Hurst, Jackson, Pate, Powell, Stearns and Teeter—7.
Mr. Sfraughan moved a reconsideration of the vote by which the
resolution was agreed to; which was rejected.
Ordered, That Mr. Straughan carry the resolution to the senate,
and request their concurrence.
No. 158, Joint resolution in relation'to a settlement with West
Virginia, reported from the committee on finance, was read a first
time, and placed upon the calendar to be read a second time.
The report of the committee of claims, being the unfinished busi¬
ness of yesterday in the morning hour, came up.
The question being on agreeing to the motion of Mr. Lee to recom¬
mit the report,
Mr. Watkins moved to amend the motion by committing the report
to the committee for courts of justice; which was agreed to; and the
question being on agreeing to the motion as amended, was' put, and
decided in the affirmative.
The following papers were presented and referred, under Rule 37:
By Mr. Herndon:
A bill extending the charter of the. Fredericksburg and Grordons-
ville railroad company; which was referred to the committee of roads
and internal navigation.
By Mr. Wood:
A bill to enable the common -council of Charlottesville to erect
water works for said town; which was referred to the committee on
finance.
By Mr. Watkins:
A bill requiring a record of sale of poisons; which was referred to
the committee for courts of justice.
By Mr. Robertson:
A petition of James Sangster, late sheriff of Alexandria county;
and • ,
A bill for the relief of J. Sangster.
Which petition and bill were referred to the committee of proposi¬
tions and grievances. 1
By Mr. Davison: ' ./
A petition of citizens of Clarke county on the Subject ot the fence
law; and a petition of citizens of Warren county on the same subject
222
JOTTKNAE OF THE HOUSE OF DELEGATES.'
Which petitions were referred to the committee on agriculture and
manufactures.
By Mr. Gray:
A petition,of George B. Fox, late commissioner of the revenue for
the county of Loudoun, asking for compensation for services rendered
as commissioner in the year 1862; which was referred to the commit¬
tee of claims.
By Mr. Watkins:
Besolved, That the committee of roads and internal navigation
enquire whether any of the railroad companies in Virginia are now
charging, for fares and freight, more than is now allowed by law, and
whether any further legislation is necessary on the subject, with power
to send for persons; and report by bill or otherwise.
By Mr. Pendleton:
Besolved, That the committee of roads and internal navigation be
instructed to enquire into and report to this house what action or
legislation, if any, is necessary to complete the-Virginia Central rail¬
road to Covington, and to complete the Covington and Ohio railroad.
By Mr. Bently:
Besolved, That the committee for courts of justice enquire into
the expediency of so amending the 4th section of chapter 152 of tbe
Code (edition of 1860), as to make an attachment bond operate as
an indemnity to the sheriff.
By Mr. Evans:
A bill to amend the 12th section of chapter 20 of the Code of
Virginia (edition of 1860); which was referred to the committee on
finance.
The morning hour having expired, the business of the calendar was
proceeded with.
A senate joint resolution in relation to the Orange and Alexandria
railroad company, came up.
Mr. Watkins moved to pass by; which was agreed to:
No. 113, An engrossed bill providing for the employment of females
to execute certain copying, came up.
The question being on the passage of the bill, was put, and de¬
cided in the negative—ayes 44; noes 37.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Bekem, Bently, Braxton, W. T. Clark,
Davison, Dunnington, English, Fields, Garnett, Gibboney, Glendy, Graham, Grattan,
Gray, Hancock, Hansbrough, Jackson, Kendrick, Kilby, Lee, Mann, Magill, Merritt,
Pate, Pendleton, Powell, Robertson, Scott, Sea well, Smith, Straughan, Strayer, W. F. B.
Taylor, Townes, Trout, W. A. Turner, Wall, Watkins, White, Wilson, Wood and Wood¬
son—44.
Noes—Messrs. Baylor, Booker, Bowles, Brown, Browning, Cabell, A. J. Clark, Davis,
Davidson, Deskins, Dickenson, Harris, Harnsberger, Herndon, Holmes, Jones, Joynes,
Lewis, Long, Martin, Miller, Moore, Morgan, Newberry, Owen, Parsons, Patterson,
Peed, Stearns, Teeter, Thompson, Z. Turner, Waddell, Woltz, Wooldrido-e Word and
Wyatt—37.
A constitutional majority not voting in the affirmative,
Besolved, That the said bill be rejected.
No. 108, An engrossed bill to provide more effectually for the pun¬
ishment of horse stealing, was read a third time and passed.
JOURNAL OF THE HOUSE OF DELEGATES.
No. 119, An engrossed bill to amend and re-enact til
of the Code of 1860 and the act subsequent thereto, in 1]
public printer and the public printing, was read a thj
passed—ayes 80.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Brown, Cabell, A. J. Clark, W. T. Clark, Davis, Davison, Davidson, Deskins, Dickenson,
Dunnington, English, Fields, Garnett, Gibbopey, Glendy, Graham, Grattan, Gray, Han¬
cock, Harris, Hansbrough, Harnsberger, Herndon, Holmes, Jackson, Jones, Joynes, Ken-
drick, Kilby, Lee, Lewis, Long, Mann, Martin, Magill, Merritt, Miller, Moore, Morgan,
Newberry, Owen, Parsons, Pate, Patterson, Peed, Pendleton, Powell, Purdy, Robertson,
Scott, Seawell, Smith, Stearns, Straugh'an, Strayer, W. F, B. Taylor, Teeter, Thompson,
Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz,
Wood, Woodson, Wooldridge, Word and Wyatt—80.
Mr. Word moved a reconsideration of the vote by which bill No.
119 was passed; which was rejected.
Ordered, That Mr. Word carry the bill to the senate, and request
their concurrence.
The following bills were read a second time, and ordered to be en¬
grossed to be read a third time:
No. 109, A bill to confirm the acts of courts held at improper
places in certain cases.
No. 110, A bill to amend and re-enact section 11 of chapter 192 of
the Code. t
A message from the governor of the commonwealth was received,
through the secretary of the commonwealth.
A message was received from the senate by Mr. G-ray, who informed
the house of delegates that the senate had passed house bill No. 85,
to provide for the recruiting of the public guard.
No. Ill, A bill for the relief of L. A. and J. G-. Miller, late she^
riffs of Frederick county, was read a second time; and on motion of
Mr. Garnett, the bill was passed by.
An ordinance to amend the 3d article of the constitution, was read
a second time.
Mr. Z. Turner moved to amend the ordinance by striking out, in
the 3d line of section 1, the word "five/' and inserting the word
"two.!" , •
Mr. Booker demanded the ayes and noes; which were ordered.
Mr. Jones moved to lay the ordinance upon the table; which was
rejected.
'The question being on agreeing to the amendment of Mr. Turner,
was put, and decided in the affirmative—ayes 70; noes 11.
On motion of Mr. Booker, the vote was recorded as follows:
Ayes-—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Braxton Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Davison, Davidson, Deskins,
Dickenson, Dunnington, English, Fields, Gibboney, Glendy, Graham, Grattan, Harris,
Harnsberger Herndon, Holmes, Jackson, Jones, Joynes, Kendrick, Kilby, Lee, Lewis,
Long Mann'Martin, Magill, Merritt, Miller. Morgan, Newberry, Owen, Parsons, Pate,
Patterson Peed, Pendleton, Robertson, Scott, Smith, Stearns, Strayer, W. F. B. Taylor,
Teeter, Thompson,' Townes, Trout, W. A. Turner, Z. Turner, Waddell, Watkins, White,
Wilson, Woltz, Wood, Woodson, Word and Wyatt—70.
2224
JOUBNAL OF THE HOUSE OF DELEGATES.
Noes—Messrs. Childress, Davis, Garnett, Hancock, Moore, Powell, Purdy, Seawel],
Straughan, Wall and Wooldridge—11.
Mr. Dickenson moved to amend the ordinance by striking out, in
the 5th, 6th, 7th and 8th lines of the 1st section, the following words:
"and also all county, city and corporation levies, poor rates or other
municipal assessments imposed on him by the proper authorities, and
shall have actually paid the same;" which was rejected.
Mr. Dickenson moved to amend the ordinance by striking out, in
the 10th, 11th, 12th, 13th, 14th and 15th lines of section 1, the fol¬
lowing words: " but when a citizen of the state removes from one
county, city or town to another in this state, he shall not, by reason
of such change of residence, lose his right to vote in the county, city
or town from which he removes, until he shall have acquired the right
to vote in the county, city or town to which he removes;" which was
rejected. (
, On motion of Mr. Merritt, the ordinance was amended by inserting
in the 8th line of section 1, after the word " same," the words " be¬
fore or."
Mr. Lee moved to amend the ordinance by striking out, in line 4
of section 1, the word "twelve," and inserting the word "six;" which
was rejected.
Mr. Woodson moved to amend the ordinance by striking out, in the
1st and 2nd lines of section 4, the words " for members of the general
assembly and for other state officers;" and the question being on
agreeing thereto,
' Mr. Hurst moved to lay the amendment on the table ; which was
rejected.
' The question recurring on the amendment of Mr. Woodson, was
put, and decided in the affirmative.
The ordinance was then ordered to be engrossed to be read a third
time. * <
Mr. English moved to suspend Rule No. 52 (which requires the
regular order of business shall not be changed except by a vote of two-
thirds of the members present), to enable him to move to take up
No. 116, A bill to amend the charter of the city of Alexandria,
which was rejected.
No. 112, A bill authorizing the governor to lease out the armory
grounds, and provide barracks for the public guard, &c., was read a
second time.
On motion of Mr. Patterson, the bill was amended by striking out,
in the 3rd line of section 1, the word " Archer," and inserting " R.
Archer, R. S. Archer aud A. D. Townes."
The bill was then ordered to be engrossed to be read a third time.
No. 114, A bill to incorporate the Virginia immigration company,
was read a second time.
On motion of Mr. Dunnington, the bill was amended by inserting,
in the 6th line of section 1, after the word "and," the word "aid."
On motion of Mr. Stearns, the bill was amended by adding,' at th'e
end of the 17th line of section 3, the following words: "and provided
JOURNAL OF THE HOUSE OF DELEGATES.
225*
further, that after the first of January, eighteen hundred and eighty-
one, it shall not he lawful for the said company to hold more, at any
one time, than ten thousand acres of land."
- On motion of Mr. Grattan, the hill was amended hy striking out,
in the 17th line/Of section 3, the word "five," and inserting: the word
"one."
The bill was then ordered to he engrossed to he read a third time.
On motion of Mr. Dunnington, the title was amended hy inserting
after the word " Virginia" the words "land and aid."
No. 116, A hill to amend the charter of the city of Alexandria, was
read a second time, and ordered to he engrossed to he read a third
time.
Mr. Garnett moved that the house do now adjourn; which was re¬
jected.
The hill being forthwith engrossed, on motion of Mr. Robertson
(two-thirds of the members elect concurring), was read a third time
and passed.
On motion of Mr. A. J. Clark, the use of the hall was allowed to
Dr. G. W. Baghy for an evening this week to deliver a lecture.
On motion of Mr. Lee, the house adjourned until to-morroyv, 12
o'clock.
WEDNESDAY, JANUARY 24, 1866.
The journal was read hy the clerk.
The Speaker laid before the house a communication from the gov¬
ernor of the commonwealth, in relation to the Orange and Alexandria
railroad.
A communication from the senate, hy their clerk, was read as fol¬
lows:
In senate, January 23, 1866.
The senate have passed house hills entitled:
An act to amend the charter of the insurance company of the Val¬
ley of Virginia, No. 83.
An act to amend and re-enact the 6th and 9 th sections of an act
entitled an act to amend and re-enact the act entitled an act amend¬
ing the charter of the town of Danville, passed March 4th, 1854, and
incorporating into one all acts amendatory thereof, passed December
15th, 1865, No. 98.
An act to" incorporate the Johnston insurance company of Danville,
Virginia, No. 84.
An act to incorporate the Whitehall mining and manufacturing
company, No. 97.
An act to amend and re-enact the 5th section ot chapter 151 of
the Code of Virginia, as to attachment of steamboats and other ves¬
sels found within the jurisdiction of this state, No. 91.
An act to provide for recording the losses of property sustained hy
the operations of war during the late war, No. 79.
29
226
JOUHNAL OF THE HOUSE OF DELEGATES.
An act to amend and re-enact section 7, chapter 158 of the Code
of Virginia, in relation to the adjourned terms ol the circuit court of
the city of Norfolk, No. 78.
An act to amend and re-enact section 29 of chapter 151 of the
Code, No. 77.
An act amending and re-enacting section 5 of chapter 157 of the
Code of Virginia, in relation to the jurisdiction of the corporation
court of the city of Norfolk, and creating the office of judge of said
court, N<?. 69.
They have passed, with amendments, house hill entitled:
An act to incorporate the Virginia iron and manufacturing com¬
pany, No. 82.
In which amendments they respectfully request the concurrence of
the house of delegates.
They have rejected house hill entitled:'
An act to amend section 28 of chapter 184 of the Code, No. 27.
A message was received from the senate hy Mr. Rohinson, who in¬
formed the house of delegates that the senate had agreed to the reso¬
lution of the house in relation to the extension of the present session
of the general assembly.
No. 82, A bill entitled an act to incorporate the Virginia iron and
manufacturing company, returned from the senate with amendments,'
was referred to the committee of propositions and grievances.
No. 41, A senate bill entitled an act to incorporate the Dover com¬
pany, reported from the committee of propositions and grievances
with amendments, was placed on the calendar.
The following bills, reported from the committee of propositions
and grievances, were read a first time, and placed on the calendar for
a second reading:
No. 159, A bill for the relief of J. Sangster.
No. 165, A bill to incorporate the planters savings bank of Farm-
ville.-
No. 166, A bill authorizing the increase of the capital stock of the
Virginia and Tennessee railroad company.
The following bill was reported from the committee of propositions
and grievances, with a recommendation that it do not pass:
No. 164, A bill to incorporate the planters loan association.
No. 89, A bill entitled an act relating to fences and for the pro¬
tection of crops, heretofore received from the senate with amendments,
and referred to the committee on agriculture and manufactures,, was
reported back, with a recommendation that the house agree to the
first two, and disagree to the last two amendments proposed by the
senate.
The bill was placed upon the calendar.
No. 153, A bill declaring Neabsco and Powell's creeks lawful
fences, reported from the committee on agriculture and manufactures,
was read a first time, and placed on the calendar for a second reading.
The following reports from the committee on agriculture and manu¬
factures were agreed to:
JOURNAL OP THE HOUSE OF DELEGATES.
227
The committee on agriculture and manufactures have, according to
order, had under consideration a petition of citizens of Clarke county,
and a petition of citizens of Warren county, on the subject of the
"fence law, and have come to the following resolution:
Resolved, That the committee be discharged from the further con¬
sideration of the same.
The committee on agriculture and manufactures have, according to
order, had under consideration petitions of citizens of Appomattox
county, asking the passage of an act preventing the distillation of
grain, and have come to the following resolution:
Resolved, That the committee be discharged from the further con¬
sideration of the same.
The committee on agriculture and manufactures have, according to
order, had under consideration a- bill to incorporate the Prince Wil¬
liam mining and manufacturing company (introduced by Mr. Dun-
nington), and have com© to the following resolution:
Resolved, That the committee be discharged from the further con¬
sideration of the same, and that it be referred to the committee of
propositions and grievances.
, The following bills from the committee of roads and internal navi¬
gation were read a first time, and placed on the calendar for a second
reading:
No. 160, A bill transferring, &c. to Alexandria the interest of the
commonwealth in the Alexandria^canal company.
No. 161, A bill to revive and re-enact and amend the Pittsylvania
railroad company. N
The following bills from the committee on finance were read a first
time, and placed on the calendar for a second reading:
No. 162, A bill to repeal the 12th section of chapter 20 of the
Code of Virginia (edition of 1860).
No. 163, A bill to amend and re-enact section 13 of chapter 14 of
the Code (edition of 186*0), as amended and re-enacted by an a'ct en¬
titled an act to amend and re-enact the 13th and 14th sections of
chapter 14 of the Code of Virginia, 1860, passed 15th December 1865.
No. 30, A senate bill entitled an act authorizing the circuit
court of Amherst county to make an allowance for the support of
Wilkins, Edward and Lilly V. Watson, infant children of Wilkins
Watson, deceased, was reported from the committee for courts of
justice, with an amendment.
The bill was placed on the calendar.
Mr. Watkins offered the following resolution:
Resolved, That the auditor of public accounts be instructed to
report to this house the amount of the literary fund, and in what
the same is investedj which was referred to the committee of schools
and colleges.
Mr. Woodson offered the following resolution:
Resolved, That the finance committee enquire into the present
condition of the debt due from Selden, Withers & Co, to the state of
Virginia, and into the expediency of taking some steps for the collec-
228
JOURNAL OF THE HOUSE OF JDELEGATES.
tion of the money due the state, and now in the hands of the trustee
of Selden, Withers & Co.; which was referred to the committee on
finance.
Mr. Garnett offered the following resolution: ^
Eesolved, That the committee on finance he instructed to report a
bill providing for a sale of all the interest held by the state in any of
the works of improvement or joint stock companies therein; which
was referred to the committee on finance.
On motion of Mr. Z. Turner,
No. 105, A bill directing the auditor of public accounts to issue
his warrant upon the treasury in certain cases, was taken from the
table and placed on the calendar.
The following papers were presented and referred, under Kule 37:
By Mr. Owen:
Eesolved, That the committee for courts of justice enquire into
the expediency of reporting a bill requiring suitors in civil actions to
enter security for costs before the commencement of their suits, as a
means of preventing frivolous and vexatious suits and of protecting
sheriffs and clerks of courts against loss.
By Mr. Woodson:
A bill to incorporate the Valley mining and manufacturing com¬
pany; which was referred .to the committee of propositions and
grievances.
By Mr. Dunnington: #
A bill refunding to the securities of Thomas K. Davis, late sheriff
of Prince William county, damages paid by them as -such; which
was referred to the committee of claims.
By Mr. Wall:
A bill for the relief John G. Miller, late sheriff of Frederick
county; which was referred to the committee of propositions and
grievances.
By Mr. Lewis:
Eesolved, That the committee for courts of justice enquire into the
expediency of reporting a bill for the punishment and prevention of
acts of violence and disorder in and about the capitol..
By Mr. Booker:
Eesolved, That the committee for courts of justice be instructed
to enquire into the expediency of providing by law that in all con¬
tracts made between citizens and the freedmen, by which the said,
freedmen receive as wages a portion of the crop by them raised, that
it shall not be lawful for the said freedmen to give any deed of trust
or other pledge on the growing crop to a' third party, to the prejudice
of the employer's >claim for board or provisions and clothing fur¬
nished, but that the said employer shall have a lien on said crop for
all articles of provisions and clothing furnished by him.
The morning hour having expired,
Mr. Eobertson moved a reconsideration of the vote by which
No. 116, A bill to amend the charter of the city of Alexandria, was
passed; which was rejected.
JOURNAL OF THE SOUSE OF DELEGATES.
229
Ordered, That Mr. Robertson carry the hill to the senate, and re¬
quest their concurrence.
No. 89, A bill entitled an act relating to fences and for the pro¬
tection of crops, returned from the senate with amendments, was
taken up.
The first amendment of the senate, viz: 3d line, 5th seetion, insert
before the word " concurring" the words " a majority of those pre¬
sent," was agreed to.
The second amendment of the senate, viz: 7th line, 5th section,
after the word "county" insert the words "or in such selected por¬
tion thereof," was agreed to.
The third amendment of the senate, viz: last line, 5th section, af¬
ter the word "Accomack" insert the words "and Northampton," was
disagreed to.
And the fourth amendment of the senate, viz: last line, 5th sec¬
tion, strike out "county," and insert in lieu thereof the word "coun¬
ties," was disagreed to.
A joint resolution of the senate in relation to the Orange and Alex¬
andria railroad, was taken up.
Mr. Garnett moved to dismiss the subject. Pending which,
Mr. English moved to amend the joint resolution by striking out
the following words and figures: "was duly elected president of the
Orange and Alexandria railroad company at a meeting of the stock¬
holders held in the city of Alexandria on the 15th and 16th days of
November 1865, under a call for a meeting published by the board of
public works of Virginia, and that Robert A. Coghill, William G.
Cazenove, William D. Hart and Daniel F. Slaughter were also duly
elected," and insert in lieu thereof the following: "is the president
of the Orange and Alexandria railroad, and that Robert A. Coghill,
William G. Cazenove, William D. Hart and Daniel F. Slaughter
are."
Mr. Woodson moved the pending question; which motion was re¬
jected.
The question being on agreeing to the amendment of Mr. English,
was put, and decided in the negative.
Mr. Lee moved to amend the joint .resolution by striking out all of
the same, and inserting in lieu thereof the following :
".Resolved, That it is the sense of the general assembly, that no
officers were elected for the Orange and Alexandria railroad company
on the 15th and 16th of November, 1865,. and that the board of pub¬
lic works be requested to call a meeting of the stockholders, for the
election of a president and directors, at an early day."^
Mr. Evans moved to amend the amendment by striking out all of
the same, and inserting in lieu thereof the following :
" Whereas this general assembly has not before it the evidence suf¬
ficient to enable it to decide between the claims of John S. Barbour
and Andrew Jameson to the presidency of the Orange and Alexandria
railroad company, and it being doubtful whether the claim of either
is sustained by law: Therefore,
230
JOURNAL OF THE. HOUSE OF DELEGATES.
" Be it resolved, That the whole subject he referred to the hoard of
public works, with the request to call a meeting at once for the elec¬
tion of officers of the Orange and Alexandria railroad company."
Mr. Hurst moved that the house do now adjourn ; which was re¬
jected. '
Mr. Atkinson moved the previous question ; and the main question
was ordered: whereupon, the amendment of Mr. Evans was rejected.
Mr. G-arnett moved that the house do now adjourn; which was re¬
jected.
The question on agreeing to the amendment of Mr. Lee was put,
and decided in the affirmative.
The question on agreeing to the motion of Mr. G-arnett to dismiss
was decided in the negative—ayes 24; noes 58.
On motion of Mr. Cabell, the vote was recorded as follows:
Ayes—Messrs. Atkinson. Booker, Braxton, Brown, Childress, Davis, Dickenson, Fields,
Garnett, Hurst, Joynes, Kendrick, Lewis, Moore, Morris, Parsons, Peed, Scott, Stearns,
Straughan,. J. McDowell Taylor, W. F. B. Taylor, Teeter and Woltz—2^1.
Noes—Messrs. Baldwin (speaker), Baylor, Bekem, Bently, Bowles, Browning, Cabell,
A. J. Clark, W. T. Clark, Davison, Davidson, Deskins, Dunnington, English, Evans, Gib-
boney, Glendy, Graham, Grattan, Hancock, Harris, Hansbrough, Harnsberger, Herndon,
Jackson, Jones, Kilby, Lee, Long, Mann, Martin, Magill, Merritt, Miller, Morgan, Owen,
Pate Patterson, Pendleton, Powell Purdy, Robertson, Seawell, Smith, Strayer, Townes,
Trout, W. A. Turner, Z. Turner, Waddel], Wall, Watkins, White, Wilson, Wood, Woodson,
Wooldridge and Word—58.
The joint resolution was then read a third time and passed.
On motion of Mr. Straughan, the house adjourned until to-morrow.
12 o'clock.
THURSDAY, JANUARY 25, 1866.
The journal was read by the clerk.
No. 31, A senate bill entitled an act to adopt as the Code of Vir¬
ginia the edition of the statute laws published by the secretary of
the commonwealth, and known as the Code of Virginia of 1860, re¬
ported from the committee for courts of justice, was placed on the
calendar.
The following bills, reported from the committee for courts of jus¬
tice, were read the first time, and placed on the calendar for a second
reading:
No. 168, A bill amending and re-enacting the 13th section of
chapter 157 of the Code of I860, so as to create the office of judge
of the court of hustings for the city of Portsmouth.
No. 169, A bill to provide for a high constable for the city of
Portsmouth.
A report from the committee of claims, in relation to a petition of
Francis Skiddy, president of the New York and Virginia steamship
company, was ordered to be printed.
No. 170, A bill requiring the superintendent of the penitentiary
to keep a record of conduct of prisoners, reported from the committee
JOURNAL OP THE HOUSE OF DELEGATES.
231
on the penitentiary, was fead the first time, and placed on the calen¬
dar for a second reading.
On motions severally made, leave of absence was granted Messrs.
Morris and Harris.
On motion of Mr. Word,
No. 16, A bill amending and re-enacting chapter 213 of the Code
of Virginia, reorganizing the penitentiary, was taken from the table
and placed on the calendar.
On motion of Mr. Grattan,
No. 43, A bill to incorporate the Virginia land, trusjt and immi¬
gration company, was taken from the table and placed on the calendar.
On motion of Mr. Grattan,
No. 93, A bill to incorporate the Virginia insurance, loan and trust
company, was taken from the table and placed on the calendar.
On motion of Mr. Powell, the following resolution (offered by Mr.
Langhorne) was taken from the table:
Resolved, That none other than regular graduates of medicine be
allowed licenses to practice the same.
The said resolution was referred to the committee on county organi¬
zation.
A message was received from the senate by Mr. Boiling, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to amend the charter of the city of Alexandria,
No. 116.
The following papers were presented and referred, under Rule 37:
By Mr. Grattan:
A bill to amend and re-enact section 15 of chapter 191 of the Code
of 1860; which was referred to the committee for courts of justice.
By Mr. Joynes:
A petition of justices of tfie city of Petersburg; which was referred
to the committee for courts of justice.
By Mr. Morris:
A petition of sundry citizens of Princess Anne county, praying for
a continuance of the stay law; which was referred to the committee
for courts of justice.
By Mr. Kilby:
A petition of William Eley, sheriff of Nansemond county, for a
change in the mode of collecting taxes; which was referred to the
committee on finance.
By Mr. Garnett:
Resolved, That the committee for courts of justice enquire into
the expediency of amending the act passed on the 15th day of Jan¬
uary 1866, relative to vagrants.
By Mr. Watkins:
Resolved, That the committee on county organization, to whom
was referred the resolution this day, with reference to diplomas of
physicians, Rlso enquire into the expediency of requiring by law that
before a physician shall practice his profession, he shall be examined
and licensed by a board of medical examiners, to be composed of men
232
JOUfiNAL OF THE HOUSE'OF DELEGATES,
of the highest professional ability, and of men not connected with an
institution conferring diplomas.
By Mr. Scott:
Besolved, That the committee for courts of justice be instructed
to enquire into the expediency of revising or amending the vagrant
law, passed during the present session of the legislature.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
Mr. Cabell moved a reconsideration of the vote by which the joint
resolution of the senate in relation to the Orange and Alexandria rail¬
road was passed; which was rejected.
Ordered, That Mr. Lee carry the joint resolution to the senate, and
request their concurrence.
No. 30, A senate bill entitled an act authorizing the circuit court
of Amherst county to make an allowance for the support of Wilkins,
Edward and Lilly V. Watson, infant children of Wilkins Watson,
deceased, came up.
The amendment proposed by the committee, which is as follows:
Add at the end of the 1st section the following words: "provided,
that before any such allowance shall be made, the consent thereto of
the other children of Wilkins Watson, deceased, to whom the pro¬
perty given to Wilkins, Edwin and Lilly V. Wa.tson, is limited in
the event that they shall all die before they attain the age of twenty-
one or marry, shall be obtained"—was agreed to.
The bill was then read a third time and passed.
No. 31, A senate bill entitled an act to adopt as the Code of Vir¬
ginia the edition of the statute laws published by the secretary of the
commonwealth, and known as the Code of Virginia of 1860, was read
a second time.
On motion of Mr. Lee, the bill was laid upon the table.
A message was received from the senate by Mr. Gait, who informed
the house of delegates that the senate had agreed to the amendment
proposed by the house to senate bill incorporating the Warwick manu¬
facturing company in the city of Richmond, No. 29.
A message was received from the senate by Mr. Gilmer, who informed
the house of delegates that the senate had passed the following bills,
entitled an act to amend and re-enact the 4th section of chapter 190 of
the Code of Virginia for 1860, in relation to offences against the sove¬
reignty of the state, No. 32; an act to amend and re-enact the 15th and
16th sections of chapter 190 of the Code of Virginia for 1860, in re¬
lation to rape and abduction, No. 33; an act to amend and re-enact
the 14th section of chapter 108 of the Code of Virginia for 1860, in
regard to registers of marriages, and to legalize the marriages of
colored persons now cohabiting as husband and wife, No. 34; an act
to amend and re-enact sections 1, 3, 5, 7 and 15 of chapter 196 of
the Code of Virginia for 1860, in regard to unlawful marriages,
No. 35; an act to amend and re-enact the 9th section of chapter 103
of the Code of Virginia for 1860, defining a mulatto, providing for
the punishment of offences by colored persons, and for the admission
JOURNAL OF THE HOUSE OF DELEGATES.
233
of their evidence in legal investigations, and to repeal all laws in re¬
lation to slaves and slavery, and for other purposes, No. 37; an act
to repeal an act entitled an act relating to witnesses, passed by the
general assembly of the restored government of Virginia on the 29th
day of January 1864, No. 39; an act to amend and re-enact the 5th
section of chapter 126 of. the Code of Virginia for 1860, in relation
to masters and apprentices, No. 40; in which they respectfully ask
the concurrence of the house of delegates.
No. 41, A senate hill entitled an act to incorporate the Dover com¬
pany, was taken up.
The amendments proposed by the. committee of propositions and
grievances, which are as follows: In the 5th and 6th lines of the 3d
section, after the word "elsewhere," insert the words "in the state of
Virginia;" in 5th line, 4th section, strike out the words "and sea¬
going vessels "—were severally rejected by the house.
The hill was then read a third time and passed.
Mr. Strayer moved to reconsider severally the following votes of
the house on house bill No. 89, viz :
1. The vote by which the house agreed to the senate's first amend¬
ment to said bill.
2. The vote by which the house agreed to the senate's second amend¬
ment to the said hill. •
3. The vote by which the house disagreed to the senate's third
amendment to the said hill.
4. The vote by which the house disagreed to the senate's fourth
amendment to the said hill.
All of which motions were severally rejected. •
Ordered, That Mr. Strayer carry the said bill to the senate, and
inform that body of the action of the house thereon.
No. 105, An engrossed bill directing the auditor of public accounts
to issue his warrant upon the treasury in certain cases, was read a
third time.
Mr. G-arnett moved to recommit the hill. Pending which motion,
Mr. Watkins moved the previous question, but the house refused
to order the main question.
The question being on agreeing to the motion of Mr. Garnett, was
put, and decided in the negative.
Mr. Bently moved to recommit the bill.
Mr. Robertson demanded the previous question, and the main ques¬
tion was ordered; whereupon, the motion of Mr. Bently was agreed to.
The following engrossed bills were read a third time and passed:
No. 109, A bill entitled an act to confirm the acts of courts held
at improper places in certain cases.
No. 110, A bill t6 amend and re-enact section 11 of chapter 192
of the Code.
Mr. Hurst moved to suspend Rule No. 52, in order to enable him
to move to take up, out of its order on the calendar,
No. 169, A bill to provide for a'high constable of the city of Ports¬
mouth,
30
234
JOURNAL OF THE HOUSE OF DELEGATES.
The rule was suspended, and the hill was taken up (two-thirds of
the members elect concurring), read a second time, and ordered to be
engrossed to be read a third time.
No. 112, An engrossed bill authorizing the governor to lease out
the armory grounds and provide barracks for the public guard, &c.,
was, on motion of Mr. Stearns, passed by. .
No. 114, An engrossed bill to incorporate the Virginia land and
aid immigration company, was read a third time and passed.
Mr. W. T. Clark moved a reconsideration of the vote by which en¬
grossed bill No. 114 was passed; which was rejected.
Ordered, That Mr. W. T. Clark carry the same to the senate, and
request their concurrence.
An ordinance to alter and amend the third article of the constitu¬
tion was read a third time and passed.
No.. 16, A bill amending and re-enacting chapter 213 of the Code
of Virginia reorganizing the penitentiary, came up.
The question being on agreeing to the amendment of Mr. Word,
On motion of Mr. Robertson, the house adjourned until to-morrow,
twelve o'clock.
FRIDAY, JANUARY 26, 1866.
Prayer by Rev. Dr. James A. Duncan of the Methodist Episcopal
church.
The journal was read by the clerk.
The following senate bills were read a first and second times, and
referred to the committee for courts of justice :
No. 32, A bill entitled an act to amend and re-enact the 4th sec¬
tion of chapter 190 of the Code of Virginia for 1860, in relation to of¬
fences against the sovereignty of the state.
No. 33, A bill entitled an act to amend and re-enact the 15th and
16th sections of chapter 190 of the Code of Virginia for 1860, in re¬
lation to rape and abduction.
No. 34, A bill entitled an act to amend and re-enact the 14th sec¬
tion of chapter 108 of the Code of Virginia for 1860, in regard to
register of marriages, and to legalize the marriage of colored persons
now cohabiting as husband and wife.
No. 35, A bill entitled an act to amend and re-enact sections 1, 3,
5, 7 and 15 of chapter 196 of the Code of Virginia for 1860, in re¬
gard to unlawful marriages.
No. 37, A bill entitled an act to amend and re-enact the 9th sec¬
tion of chapter 103 of the Code of Virginia for 1860, defining a mu¬
latto, providing for the punishment of offences by colored persons, and
for the admission of their evidence in legal investigations, and to re¬
peal all laws in relation to slaves and slavery, and for Qther purposes.
JOUHNAL OF THE HOUSE OF DELEGATES.
235
No. 39, A "bill entitled an act to repeal an act entitled an act re¬
lating to witnesses, passed by the general assembly of the restored
government of Virginia on the 29th day of January 1864.
No. 40, A bill entitled an act to amend and re-enact the 5th sec¬
tion of chapter 126 of the Code of Virginia for 1860, in relation to
masters and apprentices. •
A communication from the senate, by their clerk, was read as fol¬
lows :
In senate, January 25, 1866.
The senate have passed bills entitled:
An act repealing an act to amend and re-enact the act entitled an
act prescribing oaths in certain cases, and providing for the registra¬
tion of the same, passed May 14th, 1862, No. 51; and an act amend¬
ing the charter of Manassas gap and Winchester and Potomac rail¬
road companies, No. 67.
In which bills they respectfully request the concurrence of the
house of delegates.
No. 51, A senate bill entitled an act repealing an act to amend and
re-enact the act entitled an act prescribing oaths in certain cases, and
providing for the registration of the same, passed May 14th, 1862,
was read a first and second times, and referred to the committee for
courts of justice.
No. 67, A senate bill entitled an act amending the charter of the
Manassas gap and Winchester and Potomac railroad companies, was
read a first and second times, and referred to the committee of roads
and internal navigation.
No. 82, An engrossed bill to incorporate the Virginia iron and
manufacturing company, reported from the committee of propositions
and grievances, with a recommendation that the amendments pro¬
posed by the senate be concurred in, was placed on the calendar.
The following bills, reported from the committee of propositions
and grievances, were read a first time, and placed on the calendar/or
a second reading:
No. 172, A bill to incorporate the Prince William mining and
manufacturing company.
No. 173, A bill authorizing the board of public works to sell the
state's interest in the Potomac bridge company.
No. 174, A bill for the relief of John G-. Miller, late sheriff of
Frederick county.
The following report from the committee of propositions and
grievances was agreed to:
The committee of propositions and grievances, to whom was refer¬
red the petition of Bobert E. Jett, laje deputy sheriff of Northum¬
berland county, asking that a special act be passed to enable him to
collect taxes due and unpaid for the years 1861 and 1862, but which
Jie has advanced and paid into the treasury, have had the subject un¬
der consideration, and have adopted the following resolution:
236
JOtTENAL OF THE HOUSE OF DELEGATES.
Resolved, That in the opinion of the committee it is inexpedient
to*legislate on this subject.' . _ <
The following bills, reported from the committee on finance, were
read the first time, and placed on the calendar for a second reading:
No. 175, A bill to enable the common council of Charlottesville to
erect water works.
No. 176, A bill to amend and re-enact an act to incorporate the
American agency, passed March 29th, 1861.
The following bills, reported from the committee of roads and in¬
ternal navigation, were read a first time, and placed on the calendar
for a second reading.
No. 177, A bill extending the charter of the Fredericksburg and
Gordonsville railroad company.
No. 178, A bill to incorporate the Pound gap bridge company.
No. 179, A bill to incorporate the Brush mountain mining and
transportation company.
The following report from the committee of roads and internal
navigation was agreed to:
The committee of roads and internal navigation have had under
consideration a petition of A. J. Smith and others, praying that a
charter be granted to said Smith to reconstruct, alter and repair the
Sweet springs and white sulphur springs turnpike, referred to them,
and respectfully ask that they be relieved from the further considera¬
tion of said petition.
No. 180, A joint resolution in relation to the sale of paper in the
library, reported from the committee on the library, was read a first
time, and placed on the calendar for a second reading.
On motions severally made, leave of absence was granted Messrs.
Waddell, Pate and Davis.
On motion of Mr. Z. Turner,
No. 90, An engrossed bill amending and re-enacting the act of
July 25th, 1861, amending and re-enacting the 1st section of chapter
150 of the Code of 1860, was taken from the table and placed on
the calendar.
Mr. Cabell moved a reconsideration of the vote by which the house
agreed to the amendment to senate bill No. 30; which was rejected.
Ordered, That Mr. Cabell carry the bill to the senate,, and request
their concurrence in the amendment.
The following papers were presented and referred, under Rule 37.
By Mr. Woltz:
A bill to incorporate the Old Dominion porcelain and glass com¬
pany; which was referred to the committee on agriculture and manu¬
factures.
By Mr. Morris:
Petition of sundry citizens of Princess Anne county, relative to
the public lands of said county; which was referred to the committee
for courts of justice.
By Mr. Langhorne:
JOURNAL OF THE HOUSE OF DELEGATES.
237
Joint resolution' in relation to the appropriation of a sum of money
for the support of Captain Hugh Nelson Page of the late Virginia
navy; which was referred to the committee on finance.
By Mr. Watkins:
Resolved, That the committee for courts of justice enquire into
the expediency of amending section 4 of chapter 6*5 of the Code, and
of making the provisions of said section more general in its opera¬
tion; which was referred to the committee for courts of justice.
By Mr. Watkins:
Resolved, That the committee of schools and colleges enquire into
the expediency of organizing a bureau of public, instruction; into the
expediency of enacting hill No. 146 of the session of the general
assembly of 1840-41, entitled a bill authorizing the appointment of a
board of commissioners to devise a plan of popular education; and
report by bill or otherwise.
By Mr. Robertson:
A bill to incorporate the Sun fire insurance company of the city of
Alexandria; which was referred to the committee of propositions and
grievances.
By Mr. Wilson:
J oint resolutions in relation to involuntary slavery, &c.; which was
referred to the committee for courts of justice.
The morning hour having expired, the house proceeded with the
business on the calendar.
The unfinished business of yesterday, which is
No. 16, A bill amending and re-enacting chapter 113 of the Code
of Virginia, reorganizing the penitentiary, carne up.
The amendment of Mr. Grarnett was withdrawn.
The amendment of Mr. Word was withdrawn.
On motion of Mr. Word, the. .bill was amended by adding, in the
9th line of the 29th section, after the word "clerk," .the following
words: "and salesman, or such other person or firm as he may direct;
but when such sales are made by a commission merchant in the city
of Richmond, said merchant shall not be allowed more than two and
a half per cent, on said sales, uuless he makes advances upon goods,
&c. deposited with him for sale, when he 'shall be allowed five per
cent."
On motion of Mr. Word, the bill was amended, in the 2d and 3d
lines of 37th section, by striking out the word " twenty-five," and
inserting "the word' " fifty."
On motion of Mr. Word, the bill was amended by inserting, as an
independent section, after the 37th section,.the following:
"It shall be the duty of the board of public works to visit an¬
nually, and as mueh oftener as they may think proper, the peniten¬
tiary, for the purpose of examining and ascertaining into the condi¬
tion thereof. They shall enquire into alleged abuses or neglect of
duty, and may make such alteration in the general discipline of the
prison as they find necessary."
On motion of Mr. Word, the bill was further amended by adding
238
JOtfENAL OF THE HOtTSE OF DELEGATES.
at the end of the 18th section the words " not costing more than ten
dollars."
The question heing on ordering the hill to he engrossed to be read
a third time, was put, and decided in the negative.
Resolved, That the hill be rejected.
On motion of Mr. Grattan, the rule was suspended, in order to
enable him to move to take up
No. 120, A hill amending the 38th chapter of the Code (edition
1860), in relation to the assessment of taxes on licenses.
The rule was suspended, and the bill was taken up, made the spe¬
cial order of the day for Monday next, at one o'clock, and to continue
daily at the same hour until disposed of.
No. 82, A hill to incorporate the Virginia iron and manufacturing
company, came up.
The amendments proposed by the senate, as follows: 1st section,
5 th line, strike out the word " Virginia," and insert in lieu thereof
the word "Alleghany; " strike out, in the title, the word " Virginia,"
and insert the word " Alleghany,"—were agreed to.
The following engrossed bills were read a third time and passed:
No. 90, A bill amending and re-enacting the act of July 25, 1861,
amending and re-enacting 1st section of chapter 150 of the Code of
1860.
No. 169, A bill to provide for a high constable for the city of Ports¬
mouth.
Mr. Hurst moved a reconsideration of the vote by which bill No.
169 was passed; which was rejected./
Ordered, That Mr. Hurst carry the bill to the senate, and request
their concurrence.
No. 112, An engrossed bill authorizing the governor to lease out
the armory grounds, and provide barracks for the public guard, &c.,
was, on motion of Mr. Grarnett, laid upon the table.
No. 43, A bill to incorporate the Virginia land, trust and immigra¬
tion company, was, on motion of Mr. Grarnett, passed by.
No. 86, A bill to require a deposit of securities to be made by
foreign insurance companies doing business iu this state (heretofore
recommitted and reported back from the committee on finance with
amendments), came up.
The following amendments, proposed by the committee on finance,
were agreed to :
In 8th line of 1st section, after the word "state," insert the words
"or bonds of individuals, residents of the state executed for money
loaned or debts contracted after the passage of this act, and secured
by deed of trust on real estate in this state."
In 7th line of 2nd section, after the word " bonds," insert the words
" but the bonds svo deposited shall not be in sums exceeding five thou¬
sand dollars."
After section 5 insert as an independent section the following:
" Any foreign insurance company doing business as such in this
state, may be sued-in the courts of this state upon policies of in-
JOURNAL OF THE HOUSE OF DELEGATES.
239
surance made to citizens or residents therein, in like manner as if sqch
foreign insurance company had been incorporated by this general as¬
sembly ; and service of process or notice upon the agent of such com¬
pany shall be service upon the company."'
In the 1st line of 3rd section, after the word " registered," insert
the words " or individuals."' ,
Mr. Wood moved to amend by adding, at the end of the 1st amend¬
ment of the committee on finance, the following : "or bonds of such
individuals secured by a deposit of Virginia state bonds ; " which was
rejected.
The bill was then ordered to be engrossed to be read a third time.
On motion of Mr. Pendleton, the rule was suspended to enable him
to move to take up
No. 140, A bill to stay the collection of debts for a limited period.
On motion of Mr. W. T. Clark, the bill was made the special order
of the day at one o'clock of each day, immediately after the special
order of Monday next (which is bill No. 120), is disposed of.
On motion of Mr. Gibboney, the house adjourned until to-morrow,
twelve o'clock.
SATURDAY, JANUARY 27, 1866.
Prayer by Rev. Dr. James A. Duncan of the Methodist Episcopal
church.
The journal was read by the clerk.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had disagreed to the amend¬
ment of the house to the joint resolution of the senate in relation to
the Orange and Alexandira railroad, and tffat the senate had passed
a resolution in regard to the appointment of a committee of confer¬
ence to consider the subjects of disagreement between the two houses;
in'which resolution they respectfully requested the concurrence of the
house of delegates.
No. 183. A bill to amend and re-enact sections 13 and 14 of chap¬
ter 176 of the Code of 1860, reported from the committee for courts.
oj justice, was read a first time, and placed on the calendar for a se¬
cond reading.
No. 51, A senate bill entitled an act repealing an act to amend and
re-enact the act entitled an act prescribing oaths in certain cases, and
providing for the registration of the same, passed May 14th, 1862,
reported from the committee for courts of justice, with a recommen¬
dation that it do not pass, was placed on the calendar.
No. 184, A bill providing for the staying of collection^ certain
debts, &c., reported from the committee for courts of justice, with a
recommendation that it do not pass, was placed on the calendar.
On motion of Mr. Gibboney, the bill was ordered to be printed.
The following bills, reported from the committee on agriculture
240
JOURNAL OF THE HOUSE OF DELEGATES.
and manufactures, were read a first time, and placed on the calendar
for a second reading:
No. 131, A bill to incorporate the Old Dominion porcelain and
glass company.
No. 182, A bill declaring the James river and Kanawha canal a
lawful fence within the1 limits of the counties of Albemarle and
Fluvanna. ^
The following report from the committee on agriculture and manu¬
factures was, on motion of Mr. Joynes, laid upon the table:
The committee on agriculture and manufactures have had under
consideration the subject of the repeal of the inspection laws, and
beg leave respectfully to report that they deem it inexpedient at this
time to legislate upon the subject.
The following reports from the committee on agriculture and manu¬
factures were agreed to:
. The committee on agriculture and manufactures, to whom had
been referred a bill to incorporate the citizens gas light company of
the city of Norfolk, have had the same under consideration, and beg
leave respectfully to report that they have adopted the following reso¬
lution :
Resolved, That the committee be discharged from the further con¬
sideration of said bill, and that the same be referred to the committee
of propositions and grievances.
The committee on agriculture and manufactures, to whom was re¬
ferred the remonstrance of F. A. Weeden and others, citizens of
Prince William county, against the repeal of the fence laws, have,
had the same under consideration, and ask to be relieved of the far¬
ther consideration of the same.
Mr. Evans offered the following resolution:
Resolved, That this house will, with the consent of the senate,
proceed, on Thursday, the 31st day of January 1866, by joint vote
with the senate, to elect a superintendent of the penitentiary, general
agent and storekeeper of the penitentiary, and second auditor.
The house refused to refer the resolution to a committee.
On motion of Mr. Woodson, the resolution was amended by strik¬
ing out the words and figures " Thursday, the 31st day of January
1866," and inserting in lieu thereof the following: "Tuesday, the
30th day of January 1866."
The resolution, as amended, was agreed to.
Ordered, That Mr. Evans carry the same to the senate, and request
their concurrence.
A message was received from the senate by Mr. Cabell, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act providing for the sale of lands or scrip donated by
congress for education, No. 92.
On motion of Mr. Garnett, the report of the committee on the
reunion of the state, and the report, and joint resolution of the mi¬
nority of said committee, were ordered to be printed.
On motion of Mr. Garnett, the use of the hall for one evening was
JOURNAL OF THE HOUSE OF DELEGATES.
241
granted to General Duff Green; to speak on subjects of importance
now before the house.
The following papers we^e presented and referred, under Eule 37:
By Mr. A. J. Clark:
A bill to incorporate the Lynchburg and Danville railroad com¬
pany; which was referred to the committee of roads and internal
navigation.
By Mr. Wilson:
A bill authorizing the increase of the capital stock of the Virginia
and Tennessee railroad company; which was referred to the committee
of roads and internal navigation.
By Mr. Dickenson: ,
A bill to incorporate the Virginia and Cumberland gap*railroad
company; which was referred to the committee of roads and internal
navigation.
By Mr. Mosby:
Resolved, That the committee on finance enquire into the expe¬
diency of providing that the county courts have power to appoint
agents to collect the public revenue, instead of in the manner pro¬
vided by law*.
By Mr. Booker:
Resolved, That the committee on military affairs be instructed to
enquire into the expediency of providing by law for the exemption of
justices of the peace and other civil officers from military duty; and
that they report by bill or otherwise.
By Mr. A. J. Clark:
Resolved, That the committee of propositions and grievances be
instructed to enquire into the expediency of using the credit of the
state in procuring guano and other fertilizers for the use of the citi¬
zens of the sfate, to be paid for by them as soon as the crops are ma¬
tured on which the fertilizers were used.
By Mr. Bently:
Resolved, That the committee for courts of justice enquire whether
two hundred thousand dollars, appropriated by act of assembly passed
March 18th, 1862, to the James river and Kanawha company, should
be considered a debt contracted by the state during the war, and the
payment of it prohibited by the- present constitution of the state.
The morning hour having expired, the house proceeded with the bu¬
siness on the calendar.
.The resolution of the senate in regard to*£he appointment cff a com¬
mittee of conference on the subject of disagreements between the two
houses in relation to the Orange and Alexandria ^railroad, came up.
The question being on agreeing thersxo" Mr. Woodson moved the
previous question. J
The main question was ordered; and b^'wng put, was-decided in the
affirmative—ayes 55; noes 25.
On motion of Mr. Garnett, the vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Baylor, Bently, Bowles, Browning, Cabell, A. J.
Clark, Daniel, Davison, Davidson, Deskins, Dynnington, English, Evans, G.bboney,
242
JOURNAL OF THE HOUSE OF DELEGATES.
Glendy, Graham, Grattan, Graves, Gray, Hansbrough, Harnsberger, Herndon, Holmes,
Jackson, Jones, Joynes, Kilby, Lee, Long, Mann, Marshall, McDonald, Magill, Merritt,
Miller, Owen, Patterson, Pendleton, Powell, Rixey, Robertson, Seawell,. Smith, Strayer,
Trout, W. A. Turner, Z. Turner, Wall, Wilson, Wood* Woodson, Wooldndge, Word and
Wyatt—55. , „
Noes—Messrs. Bekem, Booker, Braxton, Brown, W. T. Clark, Childress, Fields, Gar-
nett, Hardy, Hurst, Kendrick, Langhorne, Lewis, Martin, Moore, Mosby, Newberry, Par¬
sons, Peed, Scott, Straughan, J. McDowell Taylor, W.F. B. Taylor, Teeter and Woltz—25.
Ordered, That Mr. Cabell inform the senate thereof.
Mr. Wilson moved to reconsider the vote by which an ordinance to
amend the third article of the constitution was passed; which was
rejected.
Ordered, That Mr. Wilson carry the same to the senate, and re¬
quest their concurrence.
A message was received from the senate by Mr. Lee, who informed
the house of delegates that the senate had passed a bill entitled an
act to incorporate the National mercantile exchange company, No. 68;
in which they respectfully requested the concurrence of the house of
delegates.
No. 51, A bill entitled an act repealing an act to amend and re-
enact the act entitled an act prescribing oaths in certain cases, and
providing for the registration of the same, passed May 14th, 1862,
was, on motion of Mr. Joynes, laid upon the table.
No. 86, An engrossed bill to require a deposit of securities to be
made by foreign insurance companies doing business in this state, was
read a third time and passed.
No. 43, A bill to incorporate the Virginia land, trust and immi¬
gration company, was, on motion of Mr. Garnett, passed by.
No. 88, A bill to incorporate the National insurance company of
Virginia, came up.
On motions severally made by Mr. Grattan, the bill was amended
as follows:
In the 2d section, 7th, 8th and 9th lines, strike out the words "to
contract for reversionary payments; to guarantee the payment of all
debts, however evidenced."
In the 5th section, 7th line, insert after the word "any," the word
"other."
In the 8th section, 3d line, after the word " thereupon," insert the
words " and the amount which may be unpaid thereon."
The bill was then ordered to be engrossed to be read a third time.
No. 93, A bill to incorporate the Virginia insurance, loan and
trust company, came^.
On- motion of Mr*Wilscm, the bill was amended by inserting in
the 4th line of 1st sectionpafter "A. F. Harvey," "John D. Im-
boden."
On motion of Mr. GratthuU the bill was amended by striking out
of the 7th, 8th, 9th, 10th, Iith, 12th, 13th, 14th, 15th and 16th
-lines of section 2, the following words: "To receive upon storage,
deposit, or otherwise, merchandise, bullion, specie, plate, stocks,
bonds, promissory notes, certificates and evidences of debt, contracts
JOURNAL OF THE HOUSE OF DELEGATES.
243
or other property, and to take the management, custody and charge
of real or personal estate and property, and to advance moneys, secu¬
rities and credits upon any property, real or personal, oh such terms
as may be established by the directors of said company, but no rate
of interest greater than is allowed by law shall be charged or received
by said company in any transaction. Said company shall also have
power."
On motion of Mr. Grattan, the bill was further amended by stri¬
king out the 7th section, which, is as follows:
"7. It shall be lawful for said company to sell at public auction or
private sale, as may be specified in any contract between the parties,
all property of whatsoever kind mentioned in'or affected by such con¬
tract, after thirty days shall have elapsed from the time of the ma¬
turity pf any obligation under such contract (or immediately upon
the discovery of any fraud, misrepresentation or concealment in
regard to the ownership or character of the property mentioned in
or affected by such contract), and reimburse themselves out of the
avails of such sale, for the moneys due them, with the interest, costs
and charges: provided, however, that nothing in this section con¬
tained shall be construed to prevent the said company from making
any such sale, at such time and in such manner as may be provided
for in any contract or agreement made by any person or persons with
the said company."
On motion of Mr. Z. Turner, the bill was amended by striking out
the 8th section, which is as follows:
"8. In case any property deposited with the said company, upon
which any advance shall have been made by them, shall, before the
maturity of the contract, from any cause, decrease in value from the
price originally fixed, said company may give notice in writing to the
owner of such property, or his agent, to perform the conditions of the
contract, or make good the deficiency caused by such decrease in value
within thirty days, and in default thereof, paay sell and dispose of such
property at public sale, and out of the proceeds thereof may retain
the amount due them under the contract, together with the costs,
charges and expenses; but nothing in this act contained shall be held
or construed to limit or affect the liability or obligation of the corpo¬
ration hereby created, as the same is fixed by the common law or by
the statute, any further than the same is limited or affected by the
express terms of the contract in this section mentioned."
The bill was then ordered to be engrossed to be read a third time.
No. 102, A bill to amend and re-enact the act entitled an act to
incorporate the Virginia canal company, and to transfer the rights
and franchises of the James river and Kanawha company thereto,
passed March 29, 1861, was, on motion of Mr. Graham, passed by.
No. Ill, A bill for the relief of L. A. Miller and John G. Miller,
late sheriffs of Frederick county, was read a second time.
Mr. Wall offered an amendment in the nature of a substitute^
which was agreed to.
The bill was then ordered to be engrossed to be read a third time.
244
JOURNAL OF THE HOUSE OF DELEGATES.
No. 115, A bill to require the railroad companies of Virginia to
have their ticket offices and cars open one hour before the departure
of every passenger train, was, on motion of Mr. Watkins, passed by.
No. 118, A bill to incorporate the insurance and savings company
of Virginia, was, on motion of Mr. Booker, recommitted.
No. 123, A bill to amend, re-enact and repeal certain sections of
the Code of Virginia, in relation to pilots, was read a second time.
On motion of Mr. Lee, the bill was amended by adding at the end
thereof, as an independent section, the following:
* " This act shall be in force from its passage."
The bill was then ordered to be engrossed to be read a third time.
No. 124, A bill to amend and re-enact the 25 th and 27th sections
of chapter 92 of the Code of Virginia, relating to pilots, was read a
second time.
On motion of Mr. Robertson, the bill was amended by adding at
the end thereof, as an independent section, the following:
" This act shall be in force from its passage."
The bill was then ordered to be engrossed to be read a third time.
No. 128, A bill to require payment of premiums upon charters,
was read a second time.
Mr. Gibboney moved to amend the bill by striking out, in the 7th
line of 1st section, the word "one," and inserting in lieu thereof the
word "five;" which was rejected.
Mr. Grattan moved to amend the bill tW adding after the 2d sec¬
tion, as an independent section, the following:
"If any act of incorporation has been heretofore passed, under
which the corporation ha's not been organized, the subscribers to the
stock may, by resolution, reduce the maximum amount of capital
authorized by the act of incorporation, but so that the maximum
shall not be less than three times the minimum capital fixed in the
act. And the resolution reducing the maximum shall be reported to
the auditor of public accounts at the time the report required by the
second section of this act is made, and the premium required to be
paid shall be fixed upon the amount of maximum as fixed by said
resolution. And the said company shall not increase its capital
above the maximum so fixed, except by amendment of the charter."
Pending which,
On motion of Mr. Woodson, the bijl was passed by.
No.' 129, A bill prescribing duties of telegraph companies, was
read a second time.
Mr. Kilby moved that the bill be passed by; •which was rejected.
The bill was then ordered to be engrossed to be read a third time.
No. 130, A bill to amend and re-enact section 14 of chapter 192
of the Code of 1860, was read a second time.
Mr. A. J. Clark moved to amend the bill by striking out the 15th
line; which was rejected.
The bill was then ordered to be engrossed to be read a third time.
The following bills were read a second time, and ordered to be en¬
grossed to be read a third time:
JOURNAL OF THE HOUSE OF DELEGATES.
245
No. 117, A bill to incorporate the Richmond academy of medicine.
No. 121, A hill to amend and' re-enact section 5 of chapter 209 of
the Code of 1860.
No. 122, A hill to amend and re-enact 12th section of chapter 77
of the Code of 1860.
No. 125, A bill to amend and re-enact section 17 of chapter 64 of
the Code (edition of 1860).
No. 126, A hill for the relief of the Winchester and Potomac
railroad company.
Mr. Miller moved that, the house do now adjourn; which was
rejected.
No. 131, A bill amending and re-enacting the 17th section of
chapter 191 of the Code (1860), was read a second time, and ordered
to he engrossed to be read a third time.
On motion of Mr. Pendleton, the house adjourned until Monday,
twelve o'clock.
MONDAY, JANUARY 29, 1866.
Prayer by Rev. Dr. T. Y. Moore of the Presbyterian church.
The journal was read by the clerk.
No. 68, A senate bill entitled an act to incorporate the National
mercantile exchangescompany, was read a first and second times, and
referred to the committee of propositions and grievances.
A communication from the senate, by their clerk, was read as
follows:
In senate, January 27, 1866.
The senate have passed house bill entitled:
An act to incorporate the Virginia, white lead, j)aint and oil com¬
pany, No. 81.
The following reports from the committee on finance were agreed to:
The committee on finance have, according to order, had under con¬
sideration a resolution enquiring into the expediency of limiting the
amount of taxation that may be levied by any city of this state upon
real estate within its jurisdiction, &c., and respectfully report, that
they think it inexpedient to legislate on the subject.
The committee on finance have, according to order, had un$er con¬
sideration a resolution relating to "the mode of collecting taxes,"
and respectfully report, that they think it inexpedient to legislate on
the subject at this time.
The committee on finance have, according to order, had under con¬
sideration a preamble and resolution asking that a sum of money be
appropriated for the support of Hugh Nelson Page, late captain in
the United States navy, and later of the Virginia navy, and respect-
• fully report, that they deem it inexpedient to legislate on the subject.
246
JOUENAL OF THE HOUSE OF DELEGATES.
No. 55, A senate bill entitled an act conferring authority upon the
councils of the city of Norfolk, in relation to the streets of said city,
reported from the committee on roads and internal navigation, was
placed on the calendar.
No. 67, A senate bill entitled an act amending the charter of the
Manassas gap and Winchester and Potomac railroad companies, re¬
ported from the committee on roads and internal navigation, was
placed on the calendar.
No. 1$5, A bill to amend and re-enact the 3d section of chapter
57 of the Code of Virginia, reported from the committee of proposi¬
tions and grievances, was read a first time, and placed on the calendar
for a second reading.
The following bills, reported from the committee of roads and in¬
ternal navigation, were read a first time, and placed on the calendar
for a second reading:
No. 186, A bill authorizing the increase of the capital stock of the
Virginia and Tennessee railroad company.
No. 187, A bill incorporating the Lynchhurg and Danville railroad
company.
No. 188, A bill releasing the state's interest in the Virginia and
Kentucky railroad on certain conditions.
No. 189, A bill to incorporate the Cumberland gap and Virginia
railroad company.
No. 105, An engrossed bill directing the auditor of public accounts
to issue his warrant upon the treasury in certain cases (recommitted
to the special committee on the subject of the payment of witnesses in
the cases of Messrs. Tyler, Coleman and Pollard), was reported back,
with an amendment in the nature of a substitute, and was placed on
the calendar.
No. 80, A bill requiring the banks of this commonwealth to go
into liquidation (recommitted to the committee .on banks), was re¬
ported back with an amendment in the nature of a substitute, and
was placed on the calendar.
.On motions severally made, leave of absence was granted Messrs.
Patterson and Garrett.
Mr. Z. Turner offered the following resolution:
Resolved, That when this house adjourns to-day, it will adjourn to
meet on to-morrow, at 11 o'clock A. M.; which was rejected. '
Mr. Garnett offered the following resolution:
Resolved, That when this house adjourns on the 31st instant, it
will adjourn to meet on Thursday, 1st February, at 11 o'clock A. M.
The question being on the reference of the resolution to a commit¬
tee, was put, and decided in the negative.
The resolution was then rejected.
A message was received from the senate by Mr. Lemosy, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to incorporate the St. Patrick beneficial society of the city
of Portsmouth, No. 69; in which they respectfully requested the con¬
currence of the house of delegates..
JOUKNAL OF THE HOUSE OF DELEGATES.
247
The hill was read a first and second times, and referred to the com¬
mittee of propositions and grievances.
A message was received from the senate by Mr. Power, who in¬
formed the house of delegates that the senate had passed a resolution
of the house in relation to the election of a superintendent of the
penitentiary, general agent and storekeeper of the penitentiary, and
second auditor, with amendments; in which amendments they respect¬
fully requested the concurrence of the house of delegates.
The following amendments, proposed by the senate, were agreed to:
Strike out "Tuesday, the 30th day of January," and insert in lieu
thereof " Thursday, the 1st day of February."
Strike out the words " and second auditor."
Insert after "penitentiary," in the 5th line, the word "and."
Ordered, That Mr. Kilby inform the senate thereof.
The following papers were presented and referred,- under Rule 37:
By Mr. Wood:
A bill to authorize the reconstruction of the bridge lately burned
across the Rivanna river, near Charlottesville, Virginia; which was
referred to the committee of roads and internal navigation.
By Mr. Browning:*
A bill regulating and restricting express companies; which was re¬
ferred to the committee of roads and internal navigation.
By Mr. Riggs:
A bill to transfer the Pound gap road in Wise county, to the said
county; which was referred to the committee of roads and internal
navigation. '
By Mr. Fields:
A petition from citizens of the 6th magisterial district of the
county of Accomack, praying the sale of a certain tract of land de¬
vised for educational purposes; which was referred to the committee
for courts of justice.
By Mr. Baylor:
Resolved, That the committee on finance' be instructed to enquire
into the expediency of paying to Henry H. Haut, sheriff of Halifax
county, the amount due him for conveying Whitfield Mosby, a luna¬
tic, from Halifax county to the Eastern lunatic asylum at Williams¬
burg; and report by bill or otherwise.
By Mr. Owen:
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of requiring the railroad companies of this
jstate to receive the coupons due on their bonds in payment of freight
and fares on said roads; and that they report by bill or otherwise.
By Mr. Langhorne:
Resolved, That the committee for courts of justice be requested to
enquire into the expediency of increasing fees of jailors of the com¬
monwealth.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
No. 55, A senate bill entitled an act conferring authority upon the
248 JOUKNAL OF THE HOUSE OF DELEGATES.
»
councils of the city of Norfolk in relation to the streets of said city,
was read a third time and passed.
No. 67, A senate bill entitled an act amending the charter of the
Manassas gap and Winchester and Potomac railroad companies,
came up.
Mr. Robertson moved to pass by the bill; which was rejected.
Mr. Lee moved a reconsideration of the vote by which the house
refused to pass by the bill; which was agreed to.
The bill was then passed by.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate had passed the follow¬
ing bills, entitled an act to incorporate the International commercial
company of Norfolk city, No. 27; an act to incorporate the Virginia
and North Carolina accident insurance company; in which they re¬
spectfully requested the concurrence of the house of delegates.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had passed a bill en¬
titled an act to amend the 24th and 29th sections of chapter 85, and
the 17th section of chapter 208 of the Code of Virginia, in reference
to the confinement and trial of persons charged" with crime who may
be insane, or who may be alleged to be insane, No. 77; in which they
respectfully requested the concurrence of the house of delegates.
No. 105, An engrossed bill directing the auditor of public accounts
to issue his warrant upon the treasury in certain cases, came up.
The question being on agreeing to the substitute (reported, by the
special committee),
Mr. Straughan moved to amend the substitute by inserting after
the word "witness," the words "summoned by and;" which was
rejected. ^
Mr. Baylor moved to amend the substitute by adding at the end
thereof the words " provided, that no witness or witnesses shall he
paid, who were summoned to testify in behalf of any of the ac¬
cused;" which was agreed to.
The substitute as amended was then agreed to.
The bill was passed by.
A message was received from the senate by Mr. Cabell, who in¬
formed the house of delegates that the senate had agreed to the
amendments proposed by the house to senate bill entitled an act au¬
thorizing the circuit court of Amherst county to make an allowance
for the support of Wilkins, Edward and Lilly V. Watson, infant
children of Wilkins Watson, deceased, No. 30.
The Speaker announced the committee of conference on the part of
the house on the ^subject of disagreement between the two houses, in
relation to the Orange and Alexandria railroad, as follows: Messrs.
Lee, Cabell, Mosby, Browning, Garnett, English, J. McDowell Tay¬
lor, Wall and Bekem.
, The hour of one o'clock having arrived, the special order of the
day, which is
No. 120, A bill amending the 38th chapter of the Code (edition of
JOURNAL OF THE HOUSE OF DELEGATES.
249
1860), in relation to the assessment of taxes on licenses, came up, and
was read a second time.
Mr. Martin moved to amend the hill by inserting after the word
" periodicals/' in the 16th and 17th lines of the 1st section,-the
words " printed in this state;" which was rejected.
On motion of Mr. Grattan, the bill was amended by inserting, in
the 4th line, 3d section, after the word "term," the words "other
than sales of goods imported directly into this state by the importer,
and sold without breaking bulk."
On motion of Mr. J ones, the bill was amended, in 2d line of 21st
section, by adding after the word " commonwealth," the words " or
any part thereof."
Mr. Booker moved to amend the bill by striking out the 21st sec¬
tion; which was rejected.
On motion of Mr. Evans, the bill was amended by adding, in 6th
line, 22d section, after the word "who," the words "buys or."
On motion of Mr. Wood, the b'ill was amended by striking out, in
the 4th and 5th lines of section 28, the words " at any other place
than the place of manufacture," and inserting in lieu thereof the
words " in any other county or corporation than that wherein they
are manufactured"—ayes 56; noes 23.
On motion of Mr. Grattan, the vote was recorded as follows:
Ayes—Messrs. Baylor, Bently, Booker, Brown, A. J. Clark, W. T. Clark, Childress,
Daniel, Davison, Davidson, Dickenson, Dunnington, English, Fields, Garnett, Gibboney,
Glendy, Graham, Gray, Hancock, Hansbrough, Hardy, Herndon, Holmes, Hurst, Joynes,
Kellam, Kendrick, Langhorne, Lee, Lewis, Long, Mann, Martin, Miller, Moore, Morgan,
Mosby^ Newberry, Owen, Parsons, Purdy, Robertson, Scott, Smith, Stearns, Straughan,
W. F. B. Taylor, Teeter, W. A. Turner, Watkins, Woltz, Wood, Woodson, Wooldridge and
Word—56.
Noes—Messrs. Baldwin (speaker), Atkinson, Bekem, Bowles, Braxton, Deskms, Evans,
Grattan, Graves, Jackson, Jones, Kilby, Marshall, Magill, Merritt, Pendleton, Powell,
Rixey, Strayer, J. McDowell Taylor, Trout, Wilson and Wyatt—23.
Mr. Grattan moved to amend the bill by striking out, in the 4th
and 5th lines (as amended), the words "nor shall the sale of such
manufactured articles be made in any other county or corporation
than that wherein they are manufactured;" which was rejected. '
On motion of Mr.- Booker, the bill was amended by adding at the
end of the 28th section the following: "provided, however, that no
license shall be required from any manufacturer whose capital does
not exceed one hundred dollars."
On motion of Mr. Daniel, , the bill was amended by inserting in the
4th line, 29th section, after the word "manner," the words "except
so much leather as may be necessary for the use of his own family."
Mr. A. J. Clark moved to amend the bill by striking out, in the
third line of section 30, the words "at any other place than the place
of manufacture," and inserting the words "in any other county or
corporation than that wherein they are manufactured."
Mr. Lewis moved to amend the amendment by adding at the end
thereof the following: "But this shall not apply to the county of
Fairfax;" which wsys rejected,
32
250
JOURNAL OF THE HOUSE OF DELEGATES.
The amendment of Mr. A. J. Clark was then agreed to.
Mr. Durmington moved to strike out the 30th section; which was
rejected.
On motion of Mr. Holmes, the bill was amended by adding after
the word "liquors/5 in the third line of 31st section, the words "ex¬
ceeding thirty gallons of either."
Mr. Dickenson moved to amend the bill by striking out, in the 9 th
and 10th lines of section 33, the words "or at/' which was rejected.
Mr. Atkinson moved to amend the bill by striking out the word
"drank," in the 6th and 9th lines of the 33d section, and inserting
the word "drunk;" which was rejected.
Mr. Wooldridge moved to amend the bill by striking out, in the
2d, 3d and 4th lines of section 47, the words "but a license to prac¬
tice either profession shall confer the privilege of practicing in all the
' professions aforesaid;" which was rejected.
On motion of Mr. G-rattan, the bill was amended by striking out,
in the 4th line of section 56, the words "composed exclusively of the
persons aforesaid," and inserting the words "having a place of busi¬
ness in the state and doing business thereat."
Pending the further consideration of the bill,
On motion of Mr. Jones, the house adjourned until to-morrow,
twelve o'clock.
TUESDAY, JANUARY 30, 1866.
Prayer by Eev. Dr. Moore of the Presbyterian church.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as
follows:
In senate, January 29, 1866.
The senate have receded from their last two amendmonts to house
bill entitled an act relating to fences and for the protection of crops,
No, 89.
No. 77, A senate bill entitled an act to amend the 24th and 29th
sections of chapter 85, and the 17th section of chapter 208 of the
Code of Virginia, in reference to the confinement and trial of persons
charged with crime who may be insane or who may be alleged to he
insane, was read a first and second times, and referred to the commit¬
tee for courts ef justice.
No. 66, A senate bill entitled an act to incorporate the Virginia
and North Carolina accident insurance company, was read a first and
second times, and referred to the committee of propositions and
grievances.
No. 27, A senate bill entitled an act to incorporate the Inter-
JOUKHAL OF THE HOUSE OF DELEGATES.
251
national commercial company of Norfolk city, was read a first and
second times, and referred to the committee of propositions and
grievances.
No. 77, A senate bill entitled an act to amend tbe 24tb and 29th
sections of ^ chapter 85, and the 17th section of chapter 208 of the
Code of Virginia, in reference to the confinement and trial of persons
charged with crime who may be insane or who may be alleged to be
insane, reported from the committee for courts of justice, was placed
on the calendar.
No. 40, A senate bill entitled an act to amend and re-enact the
5th section of chapter 126 of the Code of Virginia for 1860, in rela¬
tion to* masters and apprentices, reported from the committee for
courts of justice, was placed on the calendar.
The following senate bills, reported from the committee for courts
of justice with amendments, were placed on the calendar:
No. 32, A senate bill entitled an act to amend and re-enact the
4th section of chapter 190 of the Code of Virginia for 1860, in rela¬
tion to offences against the sovereignty of the state.
No. 33, A senate bill entitled an act to amend and re-enact the
15th and 16th sections of chapter 190 of the Code of Virginia for
1860, in relation to rape and abduction.
No. 34, A senate bill entitled an act to amend and re-enact the
14th section of chapter,108 of the Code of Virginia for 1860, in re¬
gard to register of marriages, and to legalize the marriages of colored
persons now cohabiting as husband and wife.
' No. 35, A senate bill entitled an act to amend and re-enact sections
1, 3, 5, 7 and 15 of chapter 196 of the Code of Virginia for 1860,
in regard to unlawful marriages.
The following bills, reported from the committee of schools and
colleges, were read the first time, and placed on the calendar for a
second reading:
No. 190, A bill authorizing the appointment of commissioners to
devise a system of popular education.
No. 192, A bill to amend and re-enact the 2d and 4th sections of
chapter 82 of the Code of Virginia.
No. 191, A bill to authorize the reconstruction of the bridge, lately
burned, across the Eivanna river, near Charlottesville, Virginia, re¬
ported from the committee of roads and internal navigation, was read
the first time, and placed on the calendar for a second reading.
The following reports from the committee on county organization
were agreed to:
The committee on county organization, to whom was referred the
resolution that the committee "enquire into the expediency of re¬
quiring by law", that before a physician shall practice his profession,
he shall be examined and licensed by a board of medical examiners,
to be composed of men of the highest professional ability, and of men
not connected with an institution conferring diplomas," beg leave to
report back the same, with the recommendation that the committee
252
JOURNAL OF THE HOUSE OF DELEGATES.
be discharged from its further consideration, and that it be referred to
the committee of schools and colleges.
The committee on county organization, to whom was referred the
resolution " that none other than regular graduates of medicine be
allowed to practice the same," beg leave to report back the same, with
the recommendation that the committee be discharged from its fur¬
ther consideration, and that it be referred to the committee of schools
and colleges.
On motion of Mr. Word,
No. 46, A senate bill entitled an act extending the time for rebuild¬
ing the toll bridge at Buchanan, in Botetourt county, under the char¬
ter granted to James Cartmill and John F. Wood, by an act of the
general assembly entitled an act authorizing James Cartmill and John
F. Wood to erect a toll bridge across James river, passed February
17th, 1819 (heretofore laid on the table), was taken up, and placed
on the calendar.
The following papers were presented and referred, under Kule 37:
By Mr. Taylor:
Petitions from the citizens of Rockbridge, asking for a charter for
a railroad through the Valley of Virginia; which were referred to the
committee of roads and internal navigation:
By Mr. Mann:
Petition of Richard and George White, in regard to the Sweet
springs and White sulphur springs turnpike"road; which was referred
to the committee of roads and internal navigation.
By Mr. Bently:
.Resolved, That the committee for courts of justice enquire into the
expediency of establishing by law a just and equitable standard for
the settlement of all debts and contracts made during the late war,
upon the basis of confederate money.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
No. 67, A senate bill entitled an act amending the charter of the
Manassas gap and Winchester and Potomac railroad companies, was,
on motion of Mr. Wall, passed by.
No. 32, A-senate bill entitled an act to amend and re-enact the
4th section of chapter 190 of the Code of Virginia for 1860, in rela¬
tion to offences against the sovereignty of the state, came up, and on
motion of Mr. Joynes, was passed by~ and ordered to be printed.
No. 33, A senate bill entitled an act to amend and re-enact the
15th and 16th sections of chapter 190 of the Code of Virginia for
1860, in relation to rape and abduction, came up, and on motion of
Mr. Joynes, was passed by and ordered to be printed.
No. 34, A senate bill entitled an act to amend and re-enact the
14th section of chapter 108 of the Code of Virginia for 1860, in re¬
gard to registers of marriages, and to legalize the marriage of colored
persons now cohabiting as husband and wife, was, on motion of Mr.
Joynes, passed by and ordered to be printed.
JOURNAL OF THE HOUSE OF DELEGATES.
-253
^ No. 35, A senate bill entitled an act to amend and re-enact sec¬
tions 1, 3, 5, 7 and 15 of chapter 196 of the Code of Virginia for
1860, in regard to unlawful marriages, was, on motion of Mr. Joynes,
passed by and ordered to be printed.
No. 77, A senate bill entitled an act to amend the 24th and 29th
sections of chapter 85, and the 17th section of chapter 208 of the
Code of Virginia, in reference to the confinement and trial of persons
charged with crime who m^y be insane or who may be alleged to be
insane, was read a third time and passed.
No. 40, A senate Jfill entitled an act to amend and re-enact the
5th section of chapter jl26 of the Code of Virginia for 1860, in rela¬
tion to masters and apprentices, came up.
Mr. A. J. Clark moved to amend the bill by striking out in the 8th
and 9 th lines the words " teach him reading, writing and common
arithmetic, including the rule of three," and inserting the words
"send him to school, on an average, three months in each year for
four years, if the indenture be for a period as long as four years."
Mr. Graves moved to amend the amendment by inserting, in the
8th line, after the word "bound," the words "if required by the
court;" which was rejected.
Mr. Lee moved to amend the amendment by inserting, after the
word "years," the words "at the period of life not earlier than
eleven years;" which was rejected. •
Mr. Robertson moved to amend the amendment by inserting, after
the word -"him," the words "or have him taught;" which was re¬
jected.
The question being on agreeing to the amendment of Mr. A. J.
Clark, was put, and decided in the negative.
Mr. Straughan moved to amend the bill by striking out, in the 7th
line, the words "whether it is expressly provided therein or not;"
which was rejected.
The bill was read a third time and passed.
Mr. Wood moved to suspend the rule, in order to enable him to
move to take up
No. 88, A bill to incorporate the National insurance company of
Virginia; which was rejected.
No. 46, A senate bill entitled an act extending the time for re¬
building the toll bridge at Buchanan, in Botetourt county, under the
charter granted to James Cartmill and John F. Wood, by an act of
the general assembly entitled an act authorizing James Cartmill and
John F. Wood to erect a toll bridge across James river, passed Feb¬
ruary 17th, 1819, camp up.
The following amendments, proposed by the committee of roads
and internal navigation, were agreed to: ^
In the 5th line, 1st section, strike out the words "five years, and
insert the words "one year."
In the 5th line, 1st section, strike out the word "for," and insert
the words " in which to commence." -
254
JOURNAL OF THE HOUSE OF DELEGATES.
In 5th line of 1st section, after the word "of," insert the words
"and two years in which to complete."
The amendments were then ordered to he engrossed to he read a
third time.
No. 105, An engrossed hill directing the auditor of public accounts
to issue his warrant upon the treasury in certain cases, was read a
third time and passed—ayes 64; noes 20.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bek^m, Bently, Bowles, Brown¬
ing, Cabell, A. J. Clark, Childress, Daniel, Davis, Davison, Davidson, Dunnington, Fields,
Garnett, Gibboney, Glendy, Graham, Grattan, Graves, Gray, Hancock, Harris, Hans-
brough, Hardy, Herndon, Holmes, Hurst, Jones, Joynes, Kellam, Kendrick, Kilby, Lanc¬
hor ne, Lee, Mann, Marshall, Martin, Magill, Merritt, Miller, Mosby, Peed, Pendleton,
Powell, Purdy, Rixey, Robertson, Seawell, Smith, Stearns, Strayer, J. McDowell Taylor,
Teeter, Trout, W. A. Turner, Z. Turner, Wall, Watkins, Wilson, Wood and Wyatt—64. '
Noes—Messrs. Booker, Braxton, Brown, Deskins, Dickenson, Harnsberger, Jackson,
Lewis, Long, Moore, Morgan, Newberry, Parsons, Scott, Straughan, W. F. B. Taylor,
Thompson, Woltz, Wooldridge and Word—20.
Mr. Z. Turner moved a reconsideration of the vote hy which "bill
No. 105 was passed; which was rejected.
Ordered, That Mr. Z. Turner carry the same to the senate, and re¬
quest their concurrence.
A message was received from the senate hy Mr. Gray, who informed
the house of delegates that the sehate had passed a hill entitled an act
providing for the employment of females to execute certain copying,
No. 81; in which they respectfully requested the concurrence of the
house of delegates.
A message was received from the senate by Mr. Coleman, who in¬
formed the house of delegates that the senate had passed house joint
resolution in relation to the land tax and other imposts and taxes
levied hy the congress of the United States, No. 3, with an amend¬
ment; in which amendment they respectful] y requested the concur¬
rence of the house of delegates.
A message was received from the senate hy Mr. Lee, who informed
the house of delegates that the senate had passed house hill entitled
an act directing the auditor of public accounts to issue his warrant
upon the treasury in certain cases, No. 105.
The Speaker announced the committee on house expenses (under
Rule 17), as follows: Messrs. Jones, Harnsberger, Deskins, Browning
and Booker.
On motion of Mr. Magill, leave of absence was granted Mr. Da¬
vison.
The hour of one o'clock having arrived, the special order of the
day, which is
No. 120, A hill amending the 38th chapter of the Code (edition of
1860), in relation to the assessment of taxes on licenses, came up.
Mr.' Grattan (by leave of the house) moved to amend the hill by
striking out the 24th, 25th, 26th, 27th, 28th, 29th and 30th sections;
which was agreed to.
JOURNAL OF THE HOUSE OF DELEGATES.
255
Mr. Morgan (by leave of the house) moved to amend the bill, in
the 8th line, 13th section, by inserting after the word "products,"
the words J'and all live stock;" which was rejected.
On motions severally made by Mr. G-rattan, the bill was amended
as follows:
Section 79, line 2, strike out the word "one," and insert the word
"two."
Section 79, line 3, strike out the word "half."
Section 79, line 6, strike out the word "one," and insert the word
" two."
Section 79, line 7, strike out the word "half."
Section 95, line 8, after the word "capias," insert the words "or
the clerk thereof."
Mr. Z. Turner moved that amendments be received to any part of
the bill; which was agreed to.
Mr. Z. Turner moved to strike out the 31st section; which was re¬
jected—ayes 35; noes 47.
On motion of Mr. Deskins, the vote was recorded as follows:
Ayes—Messrs. Baylor, Bently, Booker, Brown, Browning, Cabell, Childress, Daniel,
Dunnington, Garnett, Gibboney, Glendy, Graham, Graves, Holmes, Hurst, Kellam, Lang-
horne, Long, Marshall, Martin, Magill, Moore, Parsons, Purdy, Rixey, Scott, Seawell,
W. F. B. Taylor, W. A. Turner, Z. Thrner, Wall, Woltz, Wood and Word—85.
Noes—Messrs. Baldwin (speaker), Atkinson, Bekem, Bowles, Braxton, W. T. Clark,
Davis, Davidson, Deskins, Ellis, Evans, Grattan, Gray, Hancock, Harris, Hansbrough,
Hardy, Harnsberger, Herndon, Jackson, Jones, Joynes, Kendrick, Kilby, Lewis, Mann,
Merritt, Miller, Morgan, Newberry, Owen, Pendleton, Powell, Riggs, Robertson, Smith,
Straughan, Strayer, J. McDowell Taylor, Teeter, Thompson, Trout, Watkins, White, Wil¬
son, Wooldridge and Wyatt—47.
Mr. Baylor moved to .amend the bill by inserting after the word
" either," in the 3d line of section 31, the words " but no person shall
be required to obtain a license to distil fruit or to distil grain pro¬
duced by himself, unless such distillery so engaged is kept in opera¬
tion more than three months in any one year."
Mr. Kilby moved to amend the amendment by striking out the
words "or to distil grain; " which was agreed to.
Mr. Booker moved to amend the amendment by striking out the
words "produced by himself; " which was agreed to.
The amendment of Mr. Baylor, as amended, was agreed to.
Mr. Garnett moved to amend the bill by striking out, in the 39th
and 40th lines of section 1, the words " from his own land, cut or
sawed by himself," and inserting the words " cut or sawed by him¬
self, by retail from some vessel;" which was rejected.^
Mr. Rixey moved to amend the bill by inserting, in the 6th line of
31st section, after the word " them," the words " and to sell the same,
where manufactured in quantities of not less than five gallons;
wjiich was rejected.
Mr. Braxton moved to amend the bill by adding, at the end of the
37th section the words " provided, that the tax herein directed shall
not be required of any one whose capital invested in such bakery shall
not exceed one hundred dollars; which was iejected.
256
JOURNAL OF THE HOUSE OF DELEGATES.
Mr. Atkinson moved to amend the bill by striking out, in the 4th
and 5th lines of section 19, the following words: "No tobacco in¬
spector shall sell tobacco at auction or otherwise;" which was rejected.
The bill was then ordered to be engrossed to be read a third time.
On motion of Mr. G-arnett, the house adjourned until to-morrow,
twelve o'clock.
WEDNESDAY, JANUARY 31, 1866.
Prayer by Rev. Dr. T. Y. Moore of the Presbyterian church.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as
follows:
In senate, January 30, 1866.
The senate have passed a bill entitled:
An act to incorporate the Carbon Hill coal company, No. 48.
In which they respectfully request the concurrence of the house of
delegates.
No. 48, A senate bill entitled an act to incorporate the Carbon Hill
coal company, was read a first and second times, and referred to the
committee of propositions and grievances.
No. 81, A senate bill entitled an act providing for the employment
of females to execute certain cojoying, was read a first and second
times, and referred to the special committee on the subject.
The following senate bills, reported from the committee of propoJ
sitions and grievances, were placed-on the calendar:
Not 27, A senate bill entitled an act to, incorporate the Interna¬
tional commercial company of Norfolk city. •
No. 68, A senate bill entitled an act to incorporate the' National
mercantile exchange company, witli amendments.
No. 193, A bill for the relief of Henry H. Hurt, sheriff of Halifax
county, reported frbm the committee on finance, was read the first
time, and placed on the calendar for a second reading.
The following bills, reported from the committee of propositions
and grievances, were read the first time, and placed on the calendar
for a second reading:
No. 194, A bill to incorporate the Sun fire company of the city of
Alexandria. v
No. 195, A bill' to incorporate the Valley mining, exploring and
manufacturing company.
The following bills, reported from the committee of roads and in¬
ternal navigation, were read the first time, and placed on the calendar
for asecond reading:
No. 196, A bill to incorporate the Hampton steamboat company.
No. 197, A bill to incorporate the North Carolina transportation
company.
journal of the house of delegates.
257
No. 198, A bill to incorporate the great southern inland naviga¬
tion company.
The following reports from the committee on finance were agreed to:
The committee on finance hayfe, according to order, had under con¬
sideration a resolution enquiring into the expediency of increasing the
salaries of the officers connected with the different departments in
the basement, and respectfully report, that they think it inexpedient
to legislate on the subject.
The committee on finance have had under consideration a resolu¬
tion enquiring into the expediency of altering or amending the law
regulating the salary of the superintendent of public buildings, and
respectfully report, that they think it inexpedient to legislate on the
subject.
The following report and resolutions from the committee of con¬
ference on the disagreement of the two houses in relation to the
Orange and Alexandria railroad, was placed on the calendar:
Your committee have had under consideration the subject to them
referred; i. e. the disagreement of the two houses on the subject of the
Orange and Alexandria railroad, and beg leave to submit the accom¬
panying resolutions as a substitute for the house and senate resolu¬
tions, with the recommendation that it pass:
Resolved by the general assembly, That the board of public works
he requested to call a meeting of the stockholders of the Orange and
Alexandria railroad company, for the purpose of electing a president
and directors of said railroad company, within the shortest period
prescribed by law, and that they be requested to appoint new proxies
to represent the interest of the state in the said meeting of stock¬
holders.
Resolved, That a copy of these resolutions be certified and sent to
the board of public works.
E. F. Keen,
Ch. Senate Com'ee.
N. M. Lee,
i Ch. House Com'ee.
A report of the committee of claims, relative to the memorial of
the president of the New York and Virginia steamship company,
was, on motion of Mr. Pendleton, passed by.
The following papers were presented and referred, under Rule 37:
By Mr. Wilson:
A bill to amend and re-enact the 10th section of the act entitled
an act to incorporate the Lynchburg life and marine insurance com¬
pany; referred to the committee of propositions and grievances.
By Mr. A. J. Clark:
A bill to incorporate the industrial mining and manufacturing
company; referred to the committee of propositions and grievances.
By Mr. Evans:
A bill to incorporate the Richmond savings bank and ^ insurance
company; referred to the committee of propositions and grievances.
258
JOURNAL UF THE HOUSE OF DELEGATES.
By Mr. Evans:
A bill to protect tbe interests of the commonwealth and other
stockholders in railroads between Weldon and Baltimore, from reck¬
less and injurious competition; referred to the committee of roads
and internal navigation.
By Mr. Baldwin:
Petitions of citizens of Augusta county, in relation to a Yalley
railroad; referred to the committee of roads and internal navigation.
By Mr. Davis:
Resolved, That the committee for courts of justice enquire into the
expediency of authorizing county surveyors to administer oaths in all
cases appertaining to the duties of their office; and report by bill.
By Mr. Evans:
Resolved, That the committee of roads and internal navigation be
instructed to enquire and report what legislation may be necessary to
protect the commonwealth and other stockholders in railroads between
Weldon and Baltimore, from reckless and injurious competition.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
The report and resolution of the committee of conference in rela¬
tion to the Orange and Alexandria railroad, came up.
Mr. Woodson moved the previous question, and the main question
was ordered.
The report and resolution of the committee of conference were
agreed to—ayes 59; noes 29.
On motion of Mr. Watkins, the vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Bowles, Brown¬
ing, Cabell, A. J. Clark, Daniel, Davidson, Deskins, Dunnington, English, Gibboney,
Glendy, Graham, Graves, Gray, Hancock, Harris, Hansbrough, Hardy, Herndon, Holmes,
Jackson, Jones, Joynes, Kellam, Kilby, Langhorne, Lee, Long, Mann, Marshall, Martin,
Magill, Merritt, Miller, Newberry, Owen, Patterson, Pendleton, Powell, Purdy, Riggs,
Rixey, Robertson, Seaw,ell, Smith, Strayer, Trout, Z. (Turner, Wall, Watkins, Wilson,
Woodson, Word and Wyatt—59.
Noes—Messrs. Booker, Braxton, Brown, W. T. Clark, Childress, Davis, Dickenson,
Evans, Fields, Garnett, Grattan, Harnsberger, Kendrick, Lewis, Moore, Morgan, Mosby,
Parsons, Peed, Scott, Stearns, Straughan, J. McDowell Taylor, W. F. B. Taylor, Teeter,
Thompson, W. A. Turner, Woltz and Wood—29.
Mr. Lee moved a reconsideration of the vote by which the house
agreed to the report and resolution of the committee of conference;
which was rejected.
Ordered, That Mr. Lee inform the senate of the action of the
house.
Mr. Straughan moved a reconsideratioi^of the vote by which a bill
amending the 38th chapter of the Code (edition 1860), in relation to
the assessment of taxes on licenses, No. 120, was ordered to its en¬
grossment; which was rejected.
A message was received from the senate by Mr. Carter, who in¬
formed the house of delegates that the senate had passe'd a bill en¬
titled an act to increase the price of treasury warrants for land in
Virginia, and to repeal an act passed 4th January 1866, entitled an
act prohibiting the further entry of waste and unappropriated lands,
JOURNAL OF THE HOUSE OF DELEGATES.
259
or any grant of such, No. 72; in which they respectfully requested
the concurrence of the house of delegates.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had concurred in the report
and resolution of the committee of conference in relation to the
Orange and Alexandria railroad.
A message was received from the senate by Mr. Lee, who informed
the house of delegates that the senate had passed a bill entitled an
act to encourage the employment of fast coast steamers between New
York and ports south of Philadelphia, No. 64; in which they respect¬
fully requested the concurrence of the house of delegates.
A message was received from the senate by Mr. Coleman, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to regulate.contracts for labor between white and colored
persons, and to impose a fine on persons enticing laborers from the
service of their employers under such contracts, No. 38; in which
they respectfully requested the concurrence of the house of delegates.
No. 3, Joint resolution of the house in relation to the land tax
and other imposts and taxes levied by the congress of the United
States, returned from the senate with an amendment, camp up.
The following amendment of the senate was agreed to:
Add at end of 3d section "provided, that in ascertaining the
amount to be paid by the state under this act, credit shall be allowed
for such alnount of said tax as may have been paid; and that so
much of the tax as is justly applicable to that portion of the terri¬
tory now known as the state of West Virginia, shall be excluded from
the-amount of tax hereby assumed."
No. 67, A senate bill entitled an act amending the charter of the
Manassas gap and Winchester and Potomac railroad companies, came
up. Pending the consideration of which,
The hour of one o'clock having arrived, the special order of the
day, which is
No. 140, A bill to stay the collection of debts for a limited period,
came up.
Mr. Ellis moved to amend the bill by adding at the end of the 1st
section the following:
" Provided, that this act shall not apply to the counties of Acco¬
mack, Northampton and Princess Anne, nor to the city of Norfolk,
but the act of the 23d of January 1865 entitled an act staying the
collection of certain debts, and the amendment thereof, passed June
23d, 1865, shall remain in force during the existence of this act, so
far as the said counties and the said city are concerned, except that
sales of property under the judgments, orders and_ dtcrees of the
courts of this state, may take place in all cases wherein the collection
of debts is not the object of such sales: and provided also, that the
benefits of the said act and the amendment thereof shall extend to
all residents of this commonwealth whomsoever, without reference to
their status or condition during the late war."
Which amendment was rejected.
260
journal of the house of delegates.
Mr. Straughan moved to amend the bill by striking out, in the 10th
line of section 1, the figures "1868," and inserting "1870."
Mr. Rixey moved to amend the amendment by striking out " 1870,"
and inserting "1869;" which was rejected.
The amendment of Mr. Straughan was rejected. ^ > ,
Mr. Martin moved to amend the bill by inserting in the 2d line of
section 1, after the word " force," the words " no suits shall be insti¬
tuted for the recovery of any debt, and if commenced, shall not be
proceeded with."
Mr. Robertson moved the pending question; which was ordered,
and the amendment of Mr. Martin was rejected.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed a resolution re¬
questing the house to return to the senate a joint resolution in rela¬
tion to the land tax and other imposts levied by the congress of the
United States, No. 3.
Mr. Grattan moved to postpone the special order to take up reso¬
lution of the senate requesting the return of a joint resolution in re¬
lation "to the land tax, &c., No. 3; which was agreed to.
Mr. Lee moved a reconsideration of the vote by which the house
agreed to the amendment of .the senate to a joint resolution in rela¬
tion to land tax, &c., No. 3; which was agreed to.
Ordered, That Mr. Grattan carry the joint resolution tp the senate.
The special order again coming up,
Mr. Scott moved to amend bill No. 140 by striking out, in the 2d
and 3d lines of section 2, the words and figures " the debt or liability
sought to be enforced was contracted or incurred since the 2d day of
April 1865, or in which;" which was rejected.
Mr. Straughan moved to amend the bill by striking out, in the 3d
line of section 2, the word and figures "April 1865," and inserting
"January 1862;" which was rejected.
Mr. Grattan moved to amend the bill by striking out, in the 15th
line of section 2, the words "the maintenance or education of;"
which was rejected.
On motion of Mr. White, the house adjourned until to-morrow,
twelve o'clock.
THURSDAY, February 1, 1866.
Prayer by itev. Dr. William Brown of the Presbyterian church.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as
follows:
In senate, January 31, 1866.
The senate have passed house bills entitled:
An act authorizing the county court of Norfolk county to borrow
money, and for other purposes, No. 101.
JOURNAL OP THE HOUSE OF DELEGATES.
261
An act incorporating the town of Port ^Republic in the county of
Rockingham, No. 100.
And they have passed a bill entitled:
An act to revive the charter of the Keswick coal mining company,
and to amend the same, No. 70.
In which they respectfully request the concurrence of the house of
delegates.
No. 70, A senate bill entitled an act to revive the charter of the
Keswick coal mining company, and to amend the same, was read a
first and second times, and referred to the, committee of propositions
and grievances.
A iliessage was received from the senate by Mr. Lee, who informed
the house of delegates that the senate had passed a bill entitled an
act to incorporate the Cosmos warehouse and exchange company, No.
65; in which they respectfully requested the concurrence of the house
of delegates.
The following senate bills were read a first and second times, and
referred to the committee for courts of justice:
No. 38. A senate bill entitled an act to regulate contracts for labor
between white and colored persons, and to impose a fine on persons
enticing laborers from the service of their employers under such con¬
tracts.
No. 72, A senate bill entitled an act to increase the price of trea¬
sury warrants for land in Virginia, and to repeal an act passed 4th
January 1866, entitled an act prohibiting the further e&try of waste
and unappropriated lands, or any grant of such.
No. 64, A senate bill entitled an act to encourage the employment
of fast coast steamers between New York and ports south of Phila¬
delphia, was read a first and second times, and referred to the com¬
mittee of roads and internal navigation.
No. 65, A senate bill entitled an act to incorporate the Cosmos
warehouse and exchange company, was read a first and second times,
and referred to the committee of propositions and grievances.
No. 44, A senate bill entitled an act to amend the 1st section of
chapter 18 of the Code, in relation to the appointment of certain of¬
ficers at the seat of government, reported from the committee for
courts of justice with an -amendment, was placed on the calendar.^
The following bills, reported from the committee for courts of jus¬
tice, were read a first time, and placed on the calendar for a second
reading: ~ /
' No. 199, A bill to amend and re-enact sections 4 and 5 of chapter
101 of the Code. _ .
No. 200, A bill to provide for including the value of stamps m the
taxation of costs.
No. 201, A bill to.prevent the abatement of process m certain
CEtSGS
No. 202, A bill to amend and re-enact chapter 180 of the Code of
I860.'
262
JOURNAL OF THE HOUSE OF DELEGATES.
No. 203, A bill amending and re-enacting section 3, chapter 124
of the Code.
No. 204, A bill to amend and re-enact section 12 of chapter 128
of the Code of 1860.
No. 205, A bill to authorize the circuit court of Accomack to de¬
cree the sale of certain land.
No. 206, A bill to amend and re-enact section 1 of chapter 51 of
the Code of 1860.
No. 207, A bill concerning the seals of the commonwealth, defining
their use, and the cases in whicl^the tax upon them is to be collected.
The following report from the committee for courts of justice was
agreed to:
The committee for courts of justice have, according to order, had t
under consideration a bill submitted by Mr. Pate, proposing to amend
and re-enact the act of February 7, 1865, and beg leave to report,
that they deem it inexpedient to pass the bill, because the cases pro¬
posed to be provided for cannot occur again, and the rights of parties
in the cases which have already occurred are fixed by law, and cannot
now be changed. The committee therefore ask to be discharged from
the further consideration of the subject.
The following report from the committee of schools and colleges
was agreed to:
The committee of schools and colleges, to whom was referred a
resolution of the house of delegates calling on the auditor for the
amount of the literary fund, and in what it is invested, have con¬
sidered the same, and recommend that the said resolution be adopted,
and that the reply of the auditor be printed. The resolution is in
these words, to wit:
Resolved, That the auditor of public accounts be instructed to re¬
port to this house the amount of the literary fund, and in what the
same is invested.
On motions severally made, leave of absence was granted Messrs.
Purdy and Sea well.
Mr. Watkins moved that when this house adjourns to-day, it will
adjourn to meet to-morrow, at 11 o'clock A. M.; which was agreed to.
Mr. Patterson moved to take up
No. 112, An engrossed bill authorizing the governor to lease out
the armory grounds, and provide barracks for the public guard, &c.
(heretofore laid on the table); which was agreed to.
The bill was placed on the calendar.
The following papers were presented and referred, under Rule 37:
By Mr. Joynes:
The petition of John R. White of Norfolk county; which was re¬
ferred to the committee for courts of justice.
By Mr. White:
The petition of citizens of Henrico and other counties, in regard
to the tolls on the Richmond and Charlottesville turnpike; which was
referred to the committee of propositions and grievances.
By Mr. Waddell:
JOURNAL'OF THE HOUSE OF DELEGATES.
263
A petition of citizens of Augusta county, in regard to a Yalley
railroad; which was referred to the committee of roads and internal
navigation.
By Mr. J. McDowell Taylor:
The memorial of Washington college, and bill modifying the
charter of said college; which was" referred to the committee of
schools and colleges.
By Mr. Garnett:
Besolved, That the committee of propositions and grievances en¬
quire into the expediency of so amending the 9th section of the 63d
chapter of the Code of 1860 as to extend the time in which the owners
of mills, which have been destroyed by either the federal or confede¬
rate armies during the late war, may rebuild the same.
By Mr. Kellam:
• Resolved, That the committee of propositions and grievances be
directed to enquire into the expediency of allowing the commissioners
of the revenue for the counties of Accomack and Northampton such
additional compensation for the year 1865 as will raise the salary of
each of the said commissioners of the revenue to an amount equal to
that paid them respectively for the year 1864.
By Mr. Ellis: .
Resolved, That the committee for courts- of justice enquire into
the expediency of amending and re-enacting chapter 135 of the Code
of 1860, in relation to the action of ejectment; and report by bill or
otherwise.
By Mr. Ellis:
Resolved, That the committee for courts of justice enquire into the
expediency of amending and re-enacting chapter 134 of the Code of
1860, in relation to the summary remedy of unlawful entry and de¬
tainer; and report by bill or otherwise.
By Mr. Hancock:
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of incorporating the Tomahawk coal min¬
ing company in the county of Chesterfield.
The morning hour having expired, Mr. Kilby moved that this house,
with the concurrence of the senate, will proceed to the execution of
vthe joint order of the day, which is the election of a superintendent
of the penitentiary and a general agent and storekeeper of the peni¬
tentiary; which was agreed to.
Ordered, That Mr. Kilby inform the senate that this house is
ready to proceed to the execution of the joint order.
The Speaker announced the committee on the part of the house,
to compare and report the joint votes, as follows: Messrs. Holmes,
Davis and Harris.
A message was received from the senate by Mr. Keen, who in¬
formed the house of delegates that the senate had passed joint reso-
tions approving the policy of the president of the United States in
reference to the reconstruction of the Union; in which they respect¬
fully requested the concurrence of the house of delegates.
264
JOURNAL OF THE HOUSE OF DELEGATES.
The joint resolutions were read a first and second times, and re¬
ferred to the committee for courts of justice.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate was ready to proceed to
the execution of the joint order.
The election of a superintendent of the penitentiary being first in
order,
Mr. Trout nominated Colin Bass.
Mr, Gibboney nominated James F. Pendleton.
Mr. G-arnett nominated Thomas W. Garrett.
Mr. Cabell nominated James M. Austin.
Mr. Lee nominated James M. Conrad.
Ordered, That Mr. Garnett inform the senate that the house is
ready to proceed to take a vote, and that the following gentlemen are
in nomination:
Messrs. Bass, Pendleton, Garrett, Austin and Conrad.
A message was received from the senate by Mr. Strother, who in¬
formed the house of delegates that the senate was ready to proceed
to take a vote, and that 110 additional nominations had been made.
The roll was then called, with the following result:
For Mr. Pendleton—Messrs. Bekem, Browning, W. T. Clark, Davis, Davidson, Deskins,
Dickenson, Dunnington, English*, Gibboney, Glendy, Graves, Gray, Hansbrough, Herndon,
Kellam, Kendrick, Kilby, Langhorne, Mann, Marshall, McDonald, Magill, Merritt, Mor¬
gan, Newberry, Parsons, Pendleton, Powell, Riggs, Rixey, Robertson, Seawell, Teeter, Z.
Turner and Wall—36.
For Mr. Bass—Messrs. Atkinson, Baylor, Bowles, Brown, Fields, Graham, Hardy,
Holmes, Jackson, Martin, Moore, Patterson, Peed, Purdy, Smith, J. McDowell Taylor,
W. F. B. Taylor, Trout, W. A. Turner, Waddell, Woltz, Wood, Word and Wyatt—24.
For Mr. Conrad—Messrs. Baldwin (speaker), Booker, Daniel, Grattan, Hancock, Harns-
berger, Joynes, Lee, Long, Stearns, Strayer, Thompson, White and Wooldridge—14.
For Mr. Austin—Messrs. Cabell, Harris, Miller, Mosby, Scott, Watkins and Wilson—7.
For Mr. Garrett—Messrs. Bently, Evans, Garnett, Jones and'Owen—5.
The committee subsequently, by their chairman, reported as follows:
Whole number of yotes cast, - - 113
Necessary to a choice, . - - 57
Of which J. F. Pendleton received - 47
1 Colin Bass " 32
J. M. Conrad " 18
J. M. Austin, " 9
T. W. Garrett, " 7
Consequently, there was no election.
The name of T. W. Garrett was dropped under the rule.
The name of J. M. Austin was withdrawn.
Ordered, That Mr. Evans inform the senate that the name of T.
W. Garrett had been dropped under the rule, and the name of J. M.
Austin had been withdrawn; that the house was ready to proceed to
take another vote, and that no additional-nomination had been made.
A message was received from the senate by Mr. Coleman, who in¬
formed the house of delegates that the senate was ready to proceed,
and that the name- of T. W. Garrett had been dropped under the
rule.
JOURNAL OR THE HOUSE OF DELEGATES.
265
The roll was then called, with the following result:
For Mr. Pendleton—Messrs. Bekem, Bently, Braxton, Browning, Cabell, W. T. Clark,
Davis, Davidson, Deskins, Dickenson, Dunnington, English, Garnett, Gibboney, Glendy,
Graves, Gray, Harris, Hansbrough, Herndon, Kellam, Kendrick, Kilby, Langhorne, Mann,
Marshall, McDonald, Magill, Merritt, Morgan, Mosby, Newberry, Parsons, Pendleton,
Powell, Riggs, Rixey, Robertson, Scott, Seawell, Teeter, Z. Turner, Wall, Watkins, and
Wilson—45.
For Mr. Bass—Messrs. Atkinson, Baylor, Bowles, Brown, A. J. Clark, Fields, Graham,
Hancock, Hardy, Holmes, Jackson, Martin, Miller, Moore, Owen, Patterson, Peed, Purdy,
Smith, J. McDowell Taylor, W. F. B. Taylor, Trout, W. A. Turner, Waddell, Woltz, Wood,
Word and Wyatt—28.
For Mr. Conrad—Messrs. Baldwin (speaker), Booker, Daniel, Ellis, Evans, Grattan,
Harnsberger, Jones, Joynes, Lee, Long, Stearns, Straughan, Strayer, Thompson, White,
Woodson and Wooldridge—18.
The committee subsequently, by their chairman, reported as follows:
Whole number of votes cast, - - 118
Necessary to a choice, - 60
Of which J. F. Pendleton received - 55
Colin Bass " - 39
J. M. Conrad _ " - 24
Consequently, there was no election.
The name of Mr. Conrad was dropped under the rule.
Ordered, That Mr. Gibboney inform the senate that the house is,
ready to proceed to take another vote; that the name of J. M. Con¬
rad had been dropped under the rule, and that no other nomination
had been made.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate was ready to proceed
to take another vote, and that the name of J. M. Conrad had been
dropped under the rule.
The roll was called, with the following result:
For Mr. Pendleton—Messrs. Baldwin (speaker), Bekeni, Bently, BraxtOn, Browning,
Cabell, W. T. Clark, Davis, Davidson, Deskins, Dickenson, Dunnington, Ellis, English,
Garnett, Gibboney, Glendy, Grattan, Graves, Gray, Harris, Hansbrough, Harnsberger,
Herndon, Jones, Joynes, Kellam, Kendrick, Kilby, Langhorne, Lee, Long, Mann, Mar¬
shall, McDonald, Magill, Merritt, Morgan, Mosby, Newberry, Parsons, Pendleton, Powell,
Riggs, Rixey, Robertson, Scott, Stearns, Straughan, Teeter, Thompson, Z. Turner, Wall,
Watkins, White, Wilson and Woodson—57.
For Mr. Bass—Messrs. Atkinson, Baylor, Booker, Bowles, Brown, A. J. Clark, Daniel,
Evans, Fields, Graham, Hancock, Hardy, Holmes, Jackson, Martin,. Miller, Moore, Owen,
Patterson, Peed, Purdy, Smith, Strayer, J. McDowell Taylor, W. F. B. Taylor, Trout, W.
A. Turner, Waddell, Woltz, Wood, Wooldridge, Word and Wyatt—33.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, - - 116
Necessary to a choice, - - - 59
Of which J. F. Pendleton received - 70
Colin Bass " - - 46 .
James F. Pendleton having received a majority of all the votes
cast, the Speaker declared him duly elected superintendent of the
penitentiary.
Ordered That Mr. Straughan inform the senate that the house was
34
266
journal of the house of delegates.
ready, on its part to proceed to the further execution of the joint
order.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate was ready on its part
to proceed to the further execution of the joint order.
Mr. Robertson nominated J. M. Stevens.
Mr. Smith nominated John B. Carey.
Mr. Braxton nominated John H. Anderson.
Mr. Herndon nominated Richard W. Wvatt.
Ordered, That Mr. Pendl'eton inform the senate that the house is
ready to proceed to take a vote, and that the following gentlemen are
in nomination:
Messrs. Stevens, Carey, Anderson and Wyatt.
The roll was then called, with the following result:
For Mr. Carey—Messrs. Atkinson, Baylor, Bekem, Bently, Bowles, A. J. Clark, W. T.
Clark, Daniel, Davidson, Deskins, Ellis, Fields, Garnett, Glendy, Graham, Graves, Han¬
cock, Hardy, Holmes, Joynes, Kellam, Kendrick, Kilby, Langhorne, Mann, Martin, Mc¬
Donald, Magill, Merritt, Miller, Mosby, Owen, Peed, Purdy, Scott, Seawell, Smith, J.
McDowell Taylor, Teeter, Wall, Watkins, White and Wilson—43.
For Mr. Stevens—Messrs. Baldwin (speaker), Dunnington, English, Gibboney, Grattan,
Hansbrough, Harnsberger, Jackson, Long, Morgan, Newberry, Parsons, Riggs, Rixey,
Robertson, Strayer, Thompson, W. A. Turner, Z. Turner and Woodson—20.
For Mr. Wyatt—Messrs. Browning, Cabell, Evans, Gray, Harris, Herndon, Jones, Lee,
Patterson, Powell, Trout, Woltz, Word and Wyatt—14.
For Mr. Anderson—Messrs. Booker, Braxton, Brown, Davis, Dickenson, Moore, Pen¬
dleton, Stearns, Straughan and Wooldridge—10.
The committee subsequently, by their chairman, reported as follows:
Whole number of votes cast, - - 115
Necessary to a choice, - - - 58
Of which J. B. Carey received - 61
J. M. Stevens' " 24
R. W. Wyatt " - 17 -
J. H. Anderson " 13
John B. Carey "having received a majority of all the votes cast, the
Speaker declared him duly elected general agent and storekeeper of
the penitentiary.
On motion of Mr. Braxton, the house adjourned until to-morrow,
eleven o'clock.
FRIDAY, February 2, 1866.
The journal was read by the clerk.
No. 17, A senate bill entitled an act to incorporate the Virginia
and North Carolina land, emigration and colonization society, reported
from the committee of propositions and grievances, was placed on the
calendar.
No. 48, A senate hill entitled an act to incorporate the Carbon Hill
coal company, reported from the committee of propositions and griev¬
ances, was placed on the calendar.
JOURNAL OF THE HOUSE OF DELEGATES.
267
No. 208, A bill to incorporate the Tomahawk coal mining com¬
pany, reported froin_ the committee of propositions and grievances,
was read the first time, and placed on the calendar for a second
reading.
On motions severally made, leave*of absence was granted Messrs.
Watkins, Mosby, Bowles and W. A. Turner.
Mr. Watkins moved to take up the following bills (out of their or¬
der on the calendar), and make them the order of the day for Thurs¬
day next; which was rejected:
No. 141, A bill for the relief of the incorporated colleges and other
seminaries of learning of the state.
No. 142, A bill making appropriation to the university of Vir-
ginia.
A message was received from the senate by Mr. Mitchell, who in¬
formed the house of delegates that the senate had passed a bill
entitled an act concerning the estate of William Dickinson, deceased,
No. 83, in which they respectfully requested the concurrence of the
house of delegates.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed joint resolution* in
relation to the land tax and other imposts and taxes levied by the
congress of the United States, No. 3, with amendments; in which
amendments they respectfully requested the concurrence of the house'
of delegates.
A message was received from the senate by Mr. Lee, who informed
the house of delegates that .the senate had passed a bill entitled an
act to extend the charter of the James river and Kanawha company,
No. 91; in which they respectfully requested the concurrence of the
house of delegates.
The following papers were presented and referred, under Rule 37:
By Mr. Lewis:
A bill repealing, amending and re-enacting the 1st and 2d sections
of chapter 62 of the Code of 1860, in relation to waste and unap¬
propriated lands; referred to the committee of propositions and
grievances.
By Mr. English:
A bill to incorporate the friendship fire company of Alexandria;
referred to the committee of propositions and grievances.
By Mr. Graves:
A bill amending the 28th section of chapter 52 of Code (edition of
1860); referred to the committee of roads and internal navigation.
By Mr. Evans:
A bill to incorporate the life insurance company of the state of
Virginia; referred to the committee of propositions and grievances.
By Mr. Lee:
Memorial of C. B. Lipscomb, asking payment for coal furnished to
the penitentiary in the months of February and JVlarch, and on the
1st day'of April 1865; referred to the committee of daims.
By Mr. Miller:
268
JOURNAL OF THE HOUSE OF DELEGATES.
Resolved, That the committee of propositions and grievances 'en-
quire into the expediency of dispensing with the services of a horti¬
culturist, &c.»at the governor's house," whereby a saving of one thou¬
sand dollars per annum will enure to the benefit of the state, as well
as supplies of coal for same.
By Mr. Morgan:
Resolved, That the committee for courts of justice be directed to
enquire into the expediency and propriety of allowing the county of
Smyth to sell the stock in the Virginia and Tennessee railroad owned
and held by said county; and that said committee be authorized to
report by bill or otherwise.
By Mr. Word:
Petition of citizens of Botetourt, in favor of the Valley railroad;
referred to the committee of roads and internal navigation.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
No. 67, A senate bill entitled an act amending the charter of the
Manassas gap and Winchester and Potomac railroad (being unfinished
business), came up.
Mr. English moved to amend the bill by striking out all of the 2d
section after the word "that," in the 4th line, and inserting "the re¬
construction and equipment of the Manassas gap railroad shall he
fully completed from Strasburg to Manassas junction before the said
branch road is commenced." Pending which,
The hour of one o'clock having arrived, the special order of the
day, which is _ 4
No. 140, A bill to stay the collection of debts for a limited period,
cUme up.
Mr. Wall moved to postpone the special order until the pending
bill be disposed of; which was agreed to.
Mr. A. J. Clark moved the pending question; which was ordered,
and the amendment of Mr. English was rejected.
The question being on ordering the bill to its third reading,
Mr. Browning moved the previous question; and the main ques¬
tion was ordered, and being put, was decided in the affirmative.
The bill was then read a third time.
The question being on the passage of the bill,
Mr. Booker moved the previous question, but the house refused-to
order the main question.
Mr. Lee moved that the house do now adjourn; which was rejected.
Mr. Gibboney moved that the house do now adjourn; which was
rejected.
Mr. Booker moved the pending question; which was orderqd—
ayes 60; noes 23.
On motion of Mr. Bently, the vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Baylor, Bekem, Booker, Brown, Browning, Cabell,
A. J. Clark, W. T. Clark, Childress, Davidson, Deskins, Dickenson, Dunnington, Fields,
Glendy, Graham, Harris* Hansbrough, Hardy, Harnsberger, Herndon, Hurst, Jackson,
Kellam, Kendrick, Lewis, Long, Mann, Marshall, McDonald, Magill, Miller, Moore, Mor¬
gan, Newberry, Owen, Parsons, Patterson, Peed, Pendleton, Powell, Riggs, Rixey, Scott,
JOURNAL OP THE HOUSE "OP DELEGATES.
269
Strayer, J. McDowell Taylor, Teeter, Thompson, Trout, W, A. Turner, Waddell, Wall,
Watkins, White, Woltz, Wood, Woodson, Wooldridge and Word—60.
Noes—Messrs. Atkinson, Bently, Bowles, Braxton, English, Evans, Gibboney, Grattan,
Graves, Gray, Holmes, Joynes, Kilby, Lee, Merritt, Morris, Mosby, Pate, Robertson,
Smith, Stearns, Straughan and Wilson—23.
The question "being on the passage of the "bill, was put, and decided
in the'affirmative—ayes 61; noes 21.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Baylor, Bekem, Bently, Booker, Braxton, Brown,
Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Davidson, Deskins, Dickenson, Dun-
nington, Fields. G.bboney, Glendy, Graham, Gray, Harris, Hansbrough, Harnsberger,
Herndon, Hurst, Jackson, Kellam, Kendrick, Lewis, Long, Mann, Marshall, McDonald,
Magill, Miller, Moore, Morgan, Newberry, Parsons, Patterson, Pendleton, Powell, Riggs,
Rixey, Scott, Strayer. J. McDowell Taylor, Teeter, Thompson, Trout, W. A. Turner, Wad¬
dell, Wall, Watkins, White, Wilson, Woltz, Wood, Woodson and Word—61.
Noes—Messrs. Atkinson, Bowles, English, Evans, Garnett, Grattan, Graves, Hardy,
Holmes, Joynes, Kilby, Lee, Merritt, Morris, Mosby, Owen, Pate, Robertson, Stearns,
Straughan and Wooldridge—21.
On motion of Mr. Gibboney, the house adjourned until to-morrow,
twelve o'clock.
SATURDAY, February 3, 1866.
Prayer by Rev. Dr. William Brown of the Presbyterian church.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as
follows:
In senate, February 1, 1866.
The senate have passed a bill entitled:
An act to amend and re-enact the act entitled an act to incorporate
the Virginia canal company, and to transfer the rights and franchises
of the James river and Kanawha company thereto, passed March
29th, 1861, No. 89.
In which they respectfully request the concurrence of the house of
delegates.
No. 89, A senate bill entitled an act to amend and re-enact the act
entitled an act to incorporate the Virginia canal company, and to
transfer the rights and franchises of the James river and Kanawha
company thereto, passed March 29th, 1861, was read a first and
second times.
On motion of Mr. Graham, Rule No. 44 (requiring the bill to be
referred to a committee) was suspended, and the bill was placed on
the calendar. . s .
No. 83, «A senate bill entitled an act concerning the estate ot W ll-
liam Dickinson, deceased, was read a first and second times.
On motion of Mr. Pate, Rule No. 44 (requiring the bill to be re¬
ferred to a committee) was suspended, and the bill was placed on the
calendar.
270
JOURNAL OF THE HOUSE OF DELEGATES.
No. 91, A senate bill entitled an act to extend tbe charter of the
James river and Kanawha company, was read a first and second times,
and referred to the committee of roads and internal navigation.
No. 3, An engrossed joint resolution in relation to the land tax
and other imposts and taxes levied by the congress of the United
States (returned from the senate with amendments), was referred to
the committee on finance.
, No. 72, A senate bill entitled an act to increase the price of trea¬
sury warrants for land in Virginia, and to repeal an act passed 4th
January 1866, entitled an act prohibiting the further entry of waste
and unappropriated lands, or any grant of such, reported from the
committee for courts of justice, was placed on the calendar.
- No. 38, A senate bill entitled an act to regulate contracts for labor
between white and colored persons, and to impose a fine on persons
enticing laborers from the service of their employers under such con¬
tracts, reported from the committee for courts of justice with amend¬
ments, was placed on the calendar.
No. 209, A bill to amend and re-enact chapter 22 of the Code of
Virginia, reported from the committee on the militia laws, was read
a first time, and placed on the calendar for a second reading.
- No. 210, Joint resolution for extending for a limited time the use
of the law books in the state library, reported from the committee on
the library, was read a first time, and placed on the calendar for a
second reading.
No. 211, A bill modifying the charter of Washington college, re¬
ported from the committee of schools and colleges, was read a first
time, and placed on the calendar for a second reading.
The fo'ljowing report from the committee for courts of justice was
agreed to:
The committee for courts of justice have, according to order, had
under consideration a resolution concerning the county of Smyth be¬
ing allowed to sell certain railroad stock, and respectfully ask that
the same be referred to the committee of propositions and grievances,
and that this committee be relieved from the further consideration of
the same.
On motions severally made, fieave of absence was granted Messrs.
Grlendy and Harnsberger.
Mr. Dunnington offered the following resolution:
Resolved, That until otherwise ordered, the daily hour of meeting
of this house shall be eleven o'clock A. M.
The house refused to refer the resolution to a committee, and it
was agreed to.
The following papers were presented and referred, under Rule 37:
By Mr. Cabell: ,
Resolved, That the committee for courts of justice enquire into the
expediency of reporting a bill allowing the owners of mills and mill
dams destroyed during the war, to rebuild the same in a reasonable
time.
By Mr. Newberry:'
JOURNAL OF THE HOUSE OF DELEGATES. , 271
Resolved, That the committee of roads and internal navigation en¬
quire into the expediency of granting to J. G. & J. L. Burks a
charter to improve New river, from a point near Reed island creek,
in Wythe county, to the Narrows, in Giles county; and report hy bill
or otherwise.
By Mr. Ellis:
Resolved, That the committee for courts of justice enquire into the
expediency of so amending and re-enacting the laws of the common¬
wealth in relation to the sale, hy retail, of "wine, ardent spirits, or
a mixture thereof," as shall more effectually guard against the abuse
of said privilege, and the manifest evils arising therefrom; and report
by bill or otherwise.
By Mr. Ellis:
Resolved, That the' committee for courts of justice enquire into the
expediency of so amending anc^ re-enacting the present laws of the
commonwealth in relation to " warrants for small claims," as shall
limit the jurisdiction of single justices to sums less than
dollars, exclusive of interest; and report by bill or otherwise.
By Mr. Deskins:
A bill to incorporate the town of .Jefferson ville in the county of
Tazewell; referred to the committee of propositions and grievances.
By Mr. Lee:
A bill to incorporate the Bank of the State of Virginia; referred
to the committee of propositions and grievances.
By Mr. Owen:
Memorial of Robert L. Ragland and others, praying that Hyco
river may be declared a lawful fence; referred to the committee on
agriculture and manufactures.
By Mr. Pendleton: '
Memorial of the citizens of the counties of Pulaski, Bland and
Giles, in relation to the manner in which freights are collected on the
Virginia and Tennessee railroad; referred to the committee of roads
and internal navigation.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
On motion of Mr. Townes, Rule No. 52 was suspended in order to
enable him to move to take up
No. 137, A bill to authorize the sale of the Roanoke valley railroad
under certain conditions..
The bill was taken up, read a second time, and ordered to be en¬
grossed to be read a third time.
On motion of Mr. Grattan, Rule No. 52 was suspended, in order to
enable him to move to take up
No. 89, A senate bill entitled an act to amend and re-enact the
act entitled an act to incorporate the Virginia canal company, and to
transfer the rights and franchises of the James river and Kanawha
company thereto, passed March 29, 1861.
The bill was taken up, read a third time and passed—ayes 82.
272
JOURNAL OF THE HOUSE OF DELEGATES.
The vote was recorded as follows:-
Ayes—-Messrs. Baldwin (speaker), Atkinson, Baylor, Bekejn, Bently, Booker, Braxton^
Brown, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Davidson, Deskins, Dickenson, Dun,
nington, Ellis, English, Evans, Fields, Gibboney, Graham, Grattan, Graves, Gray, Han*
cock, Harris, Hansbrough, Hardy, Herndon, Holmes, Hurst, Jackson, Jones, Joynes,
Kellam, Kendrick, Kilby, Langhorne, Lee, Lewis, Long, Mann, Marshall, Martin, McDo.
nald, Merritt, Miller, Moore, Morgan, Morris, Newberry, Owen, Parsons, Pate, Peed,
Pendleton, Powell, Rixey, Robertson, Scott, Smith, Stearns, Straughan, Strayer, J. Mc¬
Dowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, Z. Turner, Waddell,
Wall, White, Wilson, Woltz, Wood, Woodson, Wooldridge and Word—82.
Mr. G-rattan moved a reconsideration of the. vote by which the hill
was passed; which was rejected.
Ordered, That Mr. G-rattan inform the senate of the passage o£
the bill.
On motion of Mr. Z. Turner, Eule 52 was suspended, in order to
enable him to move to take up
No. 80, A bill requiring the bankif of this commonwealth to go
into liquidation (heretofore recommitted and reported back with an
amendment in the nature of a substitute).
The bill was taken up, and read a second time.
Mr. Z. Turner, moved to amend the substitute in section 1, line 2,
by inserting after the word "bank" the words "of circulation;"
which (was agreed to.
On motion of Mr. Joynes', the substitute was amended by inserting
after the word "bank," in the 2d line of section 2, the words, "of
circulation."
On motion of Mr. Z. Turner, the substitute was amended by add¬
ing at the end of the 4th section the following: " but such stock
shall be delivered in equal portions of all such stock so deposited, as
far as the same may be practicable."
Mr. Lee moved to amend the substitute by inserting as an inde¬
pendent section, to come in after the 4th section, the following:
" And be it further enacted, That when the said bank or banks
shall have surrendered all of the assets and property belonging to the
said banks, or held by them in trust for others, the stockholders *of
said banks, whether individual or corporate, shall be released from all
further liabilities on account of said banks."
The hour of one o'clock having arrived, the special order,
No, 140, A- bill to stay the collection of debts for a limited period,
came up.
On motion of Mr. Z. Turner, the special order was. postponed until
the pending bill be disposed of.
The question being on agreeing to the amendment of Mr. Lee,
Mr. Eobertson moved the pending question; which was ordered,
and the amendment of Mr. Lee was rejected—ayes 9; noes 66.
On motion of Mr. Booker, the vote was recorded as follows:
Ayes-—Messrs. Dunnington, Evans, Hansbrough, Hardy, Herndon, Kilby, Lee, Martin
and Rixey—9.
Noes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Brown,
Cabell, Daniel^ Davis, Davidson, Deskins, Dickenson, Ellis, English, Fields, Gibboney,
JOURNAL OF THE HOUSE OF DELEGATES.
273
Graham, Grattan, Graves, Gray, Hancock, Harris, Holmes, Jackson, Jones, Joynes, Ken-
drick, Lewis, Long, Mann, Marshall, McDonald, Mearitt, Miller, Moore, Morgan, Morris,
Newberry, Owen, Parsons, Pate, Peed, Pendleton, Powell, Robertson, Smith, Stearns,
Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes,
Trout, Z. Turner, Waddell, Wall, White, Wilson, Woltz, Wood, Wo.odson, Wooldridge
and Word—66.
On motion of Mr. Z. Turner, the substitute was amended by in¬
serting as an independent section, to come in after the 4th section,
the following:
" Be it further enacted, That if any president, director, cashier, as¬
signee or trustee of any bank in this commonwealth shall make any
application or disposition of any portion of the assets of, said bank
otherwise than in the payment of the creditors of said bank, or in
the liquidation of its affairs, such president, director, cashier, assignee
or trustee shall be deemed guilty of a felony, and upon conviction
thereof, shall be fined not less than one thousand nor more than five
thousand dollars, and shall, in addition to said fine, be confined in
the penitentiary for a period not less than one nor more than three
years."
Mr. Pendleton moved to reconsider the vote by which the house
agreed to the amendment last offered by Mr. Z. Turner; which was
agreed to.
The question being on agreeing to the amendment of Mr. Z. Turner,
Mr. Booker moved to amend the amendment by inserting after the
word "shall" (where it first appears in the amendment), the words
"with intent to embezzle;" which was agreed to.
The amendment, as amended, was agreed to.
Mr. Woodson moved to amend the substitute by striking out, in
the 23d line, 2d section, the word "three," and inserting the word
"two;" which was rejected.
The substitute, as amended, was agreed to, and the bill, as amended,
was ordered to be engrossed for a third reading. ,
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to amend and re-enact the provisions of the Code of
1860, and the acts subsequent thereto, in regard to the public printer
and the public printing, No. 119, with amendments; in which amend¬
ments they respectfully requested the concurrence of the house of
delegates.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed a house bill enti¬
tled an act to incorporate the Virginia land and aid immigration
company, No. 114, with amendments; in which amendments they
respectfully requested the concurrence of the house ot delegates.
A message was received from the senate by Mr. Lee, who informed
the house of delegates that the senate had passed the following bills,
entitled an act to authorize James M. Taliaferro of btafford county
to rebuild his mill, No. 9.6; an act to authorize the heirs ot John
W. Coleman to rebuild their mill, No. 96; in which bills they re¬
spectfully requested the concurrence of the house of delegates.
35
274
JOURNAL OF THE HOUSE OF DELEGATES.
The special order, which is
No. 140, A bill to stay the collection of debts for a limited period,
again came up.
Mr. Smith moved to amend the bill by inserting in 2d section, 13th
line, after the word " sale," the words " or in which the owner of the
property proceeded ag|inst is a non-resident of the state of Virginia;"
which was rejected.
On motion of Mr. Evans, the bill was amended by adding at the
end of the 2d section the following: " Whenever it shall appear to
any circuit, county or corporation court, upon a petition filed therein,
that any minor, widow, unmarried woman or insane person is de¬
pendent for a support upon the interest on or principal of any debt,
the collection of which is stayed by this act, such court may ascer¬
tain through one of its commissioners in chancery what amount is
necessary for the support of the petitioner or petitioners; what amount
each debtor, if there be more than one, shall pay, assessing the whole
upon them ratably; and whether the sum so assessed upon each shall
be of the principal or interest: and the report of the commissioner,
when approved by the court, shall be entered of record by the clerk
thereof: and any debtor who, after being served with notice of the
amount thus assessed upon him, shall fail to pay the same within
thirty days thereafter, the same shall be recoverable in the manner
prescribed for the recovery of interest by the 5th section of this act.
The commissioner, of whom a report shall be required under the pre¬
ceding paragraph, shall post notice thereof, as required by law in the
settlement of fiduciaries. The cost of such proceedings to be subject
to the order of the court."
Mr. Kilby moved to amend the bill by striking out, in the 28th,
29th, 30th, 31st and 32d lines of section 2, the following: " but no¬
thing in this section shall deprive the sureties of any officer of the
state, or of a county or corporation, of the benefit of the first section
of this act, in respect to any liability accrued prior to April 2d, 1865,"
and inserting in lieu thereof the following: " but nothing in this act
shall deprive any surety for any officer of the commonwealth, or of a
county or corporation, or to any private bond or contract, from the
benefits of chapter 146 of the Code of Virginia for I860;" which was
rejected.
Mr. Straughan moved that the house do now adjourn; which was
rejected.
Mr. Straughan moved to postpone the further consideration of the
special order until Monday next, at one o'clock; which was rejected.
Mr. Cabell moved to amend the bill by striking out, in the 6th, 7th
and 8th lines of section 4, the following: "and also in the amount of
interest due and in arrear on the 1st day of January 1866." Pend¬
ing which,
On motion qf Mr. Scott, the house adjourned until Monday, eleven
o'clock.
JOURNAL OF THE HOUSE OF DELEGATES. 275
MONDAY,, FEBRUARY 5, 1866.
Prayer by Rev. Dr. Hopson of the church of the Disciples.
The journal was read by the clerk.
No. 114, An engrossed bill to incorporate the Virginia land and
aid immigration company, was returned-from the senate with an
amendment.
On motion of Mr. Evans, the rule was suspended which required
the bill to be referred to a committee, and the bill was placed on the
calendar.
No. 119, An engrossed bill to amend and re-enact the provisions of
the Code of 1860, and the acts subsequent thereto, in regard to the
public printer and the publiG printing, returned from the senate with
amendments, was referred to the select committee on the subject.
The following senate bills were read a first and second times, and
referred to the committee for courts of justice:
No. 95, A senate bill entitled an act to authorize James M. Talia¬
ferro of Stafford county to rebuild his mill. '
No. 96, A senate bill entitled an act to authorize the heirs of John
W. Coleman to rebuild their mill.
The following bills, reported from the committee of propositions
and grievances, were read a first time, and placed on the calendar for
a second reading:
No. 212, A bill to amend and re-enact the 9th section of chapter
63 of the Code of 1860, concerning mills.
No. 213, A bill to incorporate the industrial mining and manufac¬
turing company.
No. 214, A bill to incorporate the Richmond savings bank and in¬
surance company.
No. 215, A bill to incorporate the Baltimore and Virginia steam¬
ship company.
Senate joint resolutions approving the policy of the president of
the United States in reference to the reconstruction of the Union,
reported with an amendment, in the nature of a substitute, from the
committee for courts of justice, was placed on the calendar.
A report from the committee for courts of justice in reference to
pending claims, was presented; also,
A minority report on same subject.
Both of which reports were oidered to be printed.
On motions severally made, leave of absence was granted Messrs.
Lewis, English and Strayer.
The following papers were presented and referred, under Rule 37:
By Mr. Braxton:
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of giving to the vendor of timber a lien
thereon as security for the purchase money, and of extending the lien
of mechanics upon the work done by them, to other cases than those
mentioned in the 119th chapter of the Code of I860.
276
JOURNAL OF THE HOUSE OF DELEGATES.
By Mr. Gray:
Petition of S. Thrift of Loudoun county, askipg' payment of a
claim for a slave convicted and condemned to sale and transportation
by the county court of Albemarle on the 7th day ol October 1862;
referred to the committee for courts of justice.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
No. 114, An engrossed bill to incorporate the Virginia land and
aid immigration company, came up.
The following amendment, proposed by the senate, was agreed to:
Strike out the 8th section of the bill, and insert in lieu thereof the
following section:
" The provisions of the general law on corporations, which are not
inconsistent with the provisions of this charter, shall bind this com¬
pany and be their rule of action, and this charter shall continue du¬
ring the period of twenty-one years, subject to modifications or re¬
peal, at the pleasure of the general assembly: provided, that no pri¬
vate right acquired and vested under this act, be affected thereby."
Mr. Dunnington moved a reconsideration of the vote by which the
house agreed to the amendment of the senate to bill No. 114; which
was rejected.
Ordered, That Mr. Dunnington inform the senate of this action of
the house.
No. 17, A senate bill entitled an act to incorporate the Virginia
and North Carolina emigration and colonization society, came up.
The following amendment, proposed by the committee of proposi¬
tions and grievances, was agreed to:
Section 1, line 1, after the word "that," strike out the word "ge¬
neral." ' ,
The bill was read a third time and passed.
Mr. Garnett moved to suspend Rule No. 52, to enable him to move
to take up
No. 43, A bill to incorporate the Virginia land, trust and immigra¬
tion company; which was rejected.
Mr. Wood moved to suspend Rule No. 52, to enable him to move
to take up
No. 88, An engrossed bill to incorporate the National insurance
company of Virginia; which was rejected.
No. 68, A senate bill entitled an act to incorporate the National
mercantile exchange company, came up.
The following amendment, proposed by the committee of propo¬
sitions and grievances, was agreed to:
Insert in the 12th line, 1st section, after the word " company," the
words " not exceeding at any one time five thousand acres."
Mr. Grattan moved to amend the bill by striking out the 7th sec¬
tion; which was rejected.
The bill was then read a third time and passed.
A message was received from the senate by Mr. Gray, who informed
the house of delegates that the senate had passed a resolution re-
JOURNAL OF THE HOUSE OF DELEGATES.
277
questing the house to return to the senate, house hill entitled an
act to amend and re-enact the provisions of the Code of 1860, and
the acts subsequent thereto, in regard to the public printer and the
public printing.
A message was received from the senate by Mr. Eobinson, who in¬
formed the house of delegates that the senate had passed an ordinance
(of the house) to alter and amend the third article of the constitu¬
tion, with an amendment; in which amendment they respectfully re¬
quested the concurrence of the house of delegates.
No. 32, A senate bill entitled an act to amend and re-enact the
4th section of chapter 190 of the Code of Virginia for 1860, in rela¬
tion to offences against the sovereignty of the state, came up.
The following amendment, proposed by the committee for courts of
justice, was agreed to:
Strike out all of the 1st section after the words " to wit," in the
3d line, and insert as follows: "If any person shall conspire with
another to incite the colored population of the state to make insur¬
rection, by acts of violence and war, against the white population, or
to incite the white population of the state to make insurrection,
by acts of violence and war, against the colored population, he shall,
whether such insurrection be made or not, be punished by confine¬
ment in the penitentiary for not less than five nor more than ten
years."
Mr. Wood moved that the bill be laid upon the table; which was
rejected.
The bill was read a third time and passed.
No. 33, A senate bill entitled an act to amend and re-enact the
15th and 16th sections of chapter 190 of the Code of Virginia for
I860, in relation to rape and abduction, came tip.
The following amendment, proposed, by the committee for courts
of justice, was agreed to:
In 8th line, strike out "five," and insert "ten."
Mr. Z. Turner moved to suspend Rule No. 52, in order to enable
him to move to take up, out of its order on the calendar,
No. 80, An engrossed' bill requiring the banks of this common¬
wealth to go into liquidation.
The bill was taken up, read a third time and' passed—ayes 71.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Baylor, Bekem, Bently, Booker, Brown, Browning,
Cabell, A. J. Clark, W. T. Clark, Daniel, Davisr Davidson, Deskins, Dunnington, Ellis,
Evans, Fields, Garnett, Gibboney, Graham, Grattan, Graves, Gray, Hancock, Harris, Hans-
brough, Hardy, Hurst, Jackson, Jones, Jdynes, Kellam, Kendrick, Kilby, Lee, Lewis,
Long, Mann, Marshall, Martin, McDonald, Moore, Morgan, Morris, Newberry, Owen, Par¬
sons, Pate, Patterson, Pendleton, Riggs, Rixey, Robertson, Scott, Smith, Stearns,
Straughan, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, Z.
Turner, Waddell, Wall, ^Vilson, Woltz, Wood and Word—71.
Mr. Z. Turner moved a reconsideration of the vote by which the
house passed the bill; which was rejected.
Ordered, That Mr. Z. Turner carry the same to the senate, and re¬
quest their concurrence.
278
JOURNAL OF THE HOUSE OF DELEGATES.
Mr. A. J. Clark moved to suspend Rule No. 52, in order to enable
him to move to take up, out of its order on the calendar, ^
No. 187, A hill incorporating the Lynchburg and Danville railroad
company.
The bill was taken up and read a second time.
Mr. Joynes moved that the bill be passed by; which was rejected.
The hour of one o'clock having arrived, the special order of the
day, which is
No. 140, A bill to stay the collection of debts for a limited period,
came up.
Mr. Wilson moved to postpone the consideration of the special or¬
der until the pending business be disposed of; which was agreed to.
Bill No. 187 was ordered to be engrossed to be read a third time.
The special order,
No. 140, A bill to stay the collection of debts for a limited period,
again came up.
The question being on agreeing to the amendment of Mr. Cabell,
was put, and decided in the affirmative—ayes 50; noes 25.
On motion of Mr. Bently, the vote was recorded as follows:
Ayes—Messrs. Atkinson, Bekem, Bently, Booker, Braxton, Browning, Cabell, W. T,
Clark, Davis, Deskins, Dunnington, Fields, Garnett, Gibboney, Graham, Gray, Harris,
Kendrick, Kilby, Lee, Lewis, Long, Mann, Martin, Merritt, Miller, Moore, Morgan,
Morris, Newberry, Parsons, Pate, Patterson, Powell, B-iggs, Rixey, Scott, Smith,
Straughan, J. McDowell Taylor, Teeter, Thompson, Townes, Z. Turner, White, Woltz,
Wood, Woodson, Wooldridge and Word—50.
Noes—Messrs. Baldwin (speaker), Baylor, Brown, A. J. Clark, Daniel, Davidson,
Evans, Grattan, Graves, Hancock, .Hansbrough, Hardy, Jackson, Jones, Joynes, Kellam,
Marshall, Owen, Peed, Pendleton, Stearns, Trout, Waddell, Wall and Wilson—25.
On motion of Mr. Cabell, the bill was amended by striking out, in
the 8th line of 4th section, the words "of each," and inserting the
word "thereof."
Mr. Grattan moved to amend the bill by striking out, in the 4th,
5tli, 6th, 7th and 8th lines of section 4, the words and figures "and
on the 1st day of January of each succeeding year while this act
shall remain in force, a sum equal to the interest for one year on the
principal debt, or on so much thereof as shall remain unpaid," and
inserting the following: "A sura equal to one year's interest on the
principal of the debt, and one-fifth of the principal and of the inte¬
rest due up to the 1st day of January 1866, and on the 1st day of
January of each succeeding year whilst this act remains in force, one
year's interest on so much of the principal as shall remain unpaid,
and one-fifth of the original amount of principal and of the interest
due up to the 1st day of January 1866."
Mr. Browning moved the pending question; which was ordered,
and the amendment of Mr. Grattan was rejected.
Mr. Dickenson submitted an amendment, in the nature of a sub¬
stitute for the entire bill. Pending the consideration of which,
On motion of Mr. Garnett, the house adjourned until to-morrow,
eleven o'clock.
journal of the house of delegates.
279
TUESDAY, February 6, 1866.
Prayer by Rev. Dr. Hopson of tbe fchurch of the Disciples.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as
follows:
In senate, February 5, 1866.
The senate have passed bills entitled:
An act to incorporate the Botetourt savings institution of Bu¬
chanan, No. 73.
An act to incorporate the American industrial agency, No. 50.
An act to incorporate the St. Francis infirmary in the city of
Richmond, No. 100.
In which they respectfully request the concurrence of the house of
delegates.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to amend the act passed March 18th, 1861, entitled
an act to amend the charter of the city of Richmond, with an amend¬
ment, in the nature of a substitute, No. 73; in which amendment
they respectfully requested the concurrence of the house of delegates.
The following senate bills were read a first and second times, and
referred to the committee of propositions and grievances:
No. 50, A senate bill entitled an act to incorporate the American "
industrial agency.
No. 100, A senate bill entitled an act to incorporate the St. Francis
infirmary in the city of Richmond.
No. 73, A senate bill entitled an act to incorporate the Botetourt
.savings institution of Buchanan, was read a first and second times,
and referred to the committee on banks.
An ordinance (of the house) to alter and amend the third article
of the constitution, returned from the senate with an amendment,
was referred to the select committee on the subject.
No. 73, An engrossed bill entitled an act to amend the act passed
March 18th, 1861, entitled an act to amend the charter of the city of
Richmond, was, on motion of Mr. Evans, placed on the calendar,
Rule No. 44, requiring its reference to a committee, being suspended.
No. 69, A senhte bill entitled an act to incorporate the St. Patrick
beneficial society of the city of Portsmouth, reported from the com¬
mittee of propositions and grievances, with a recommendation that it
do not pass, was placed on the calendar.
The following bills, from the committee on finance, were read the
first time, and placed on the calendar for a second reading:
No. 216 A bill to re-enact the 2d section of chapter 43 of the
Code (edition of 1860).
No. 217, A bill to repeal the 1st section of the act to repeal and
280
JOURNAL OF THE HOUSE OF DELEGATES.
re-enact the 2d and 9th sections of chapter 42' of the Code of I860,
and, to re-ena^t the said 2d section.
No. 218, A bill to amend and re-enact the 21st section of chapter
36 of the Code (edition of 1860).
The following bills, from the committee for courts of justice, were
read the first time, and placed on the calendar for a second reading:
No. 219, A bill to incorporate the Bank of the State of Virginia.
No. 220, A bill to incorporate the town of Jeffersonville in the
county of Tazewell.
The following report from the committee of propositions and griev¬
ances was agreed to:
The committee of propositions and grievances have, according to
order, had under consideration a resolution to them referred, to en¬
quire into the expediency of using the credit of the state in procur¬
ing guano and other fertilizers for the use of the citizens of the state,*
to be paid for by them as soon as the crops are»matured on which the
fertilizers were used, and respectfully report, that they deem it inex¬
pedient to legislate on this subject, and ask to be discharged from the
further consideration of the same.
No. 221, A bill to give effect to certain acts, contracts and pro¬
ceedings during the late war, reported from the committee for courts
of justice, was read the first time, and placed on the calendar for a
second reading.
The following report from the committee for courts of justice wasi
agreed to:
The committee for courts of justice have, according to order, had
under consideration the petition of Saunderson Thrift, asking pay¬
ment of the value of a slave condemned to sale and transportation in
October 1862, and beg leave to report, that it does not appear why
the petitioner did not demand and receive payment of his claim from
the secession government, under authority of which the slave was
tried and condemned; and as the committee suppose that such pay¬
ment, if demanded, might readily have been obtained, the committee,
without considering any other question, are of opinion that the claim
ought not now to be paid, and ask to be discharged from the further
consideration of the petition.
No. 222, A bill to provide for printing and binding additional
• copies of the Acts of former sessions, reported from the committee on
the library, was read the first time, and placed on the calendar for a
second reading.
No. 119, An engrossed bill to amend and re-enact the provisions of
the Code of 1860, and the acts subsequent thereto, in regard to the
public printer and the public printing, was reported from the select
committee on the subject.
The resolution of the senate requesting the return of No. 119, was
agreed to.
Ordered, That Mr. Waddell carry the same to the senate.
Mr. Graham offered the following resolution:
JOURNAL OF THE HOUSE OF DELEGATES.
281
Resolved, That the register of the land office report to this house
the number of patents issued from that office since the 1st January
1865; also the counties and parties to whom issued, with the number
of acres.
Mr. Graham moved to suspend Rule No. 38, which requires the
resolution to be referred to a committee; which was agreed to.
The resolution was then agreed to.
A message was received from the senate by Mr. Washington, who
informed the house of delegates that the senate had passed a bill en¬
titled an act authorizing Charles Mason of King George county to
rebuild his mill, No. 105.
The bill was read a first and second times, and referred to the com¬
mittee for courts of justice.
On motion of Mr. Kilby, leave of absence was granted to Mr.
Holmes.
The following papers were presented and referred, under Rule 37:
By Mr. Ellis:
A bill for the relief of Dempsey Nash, clerk elect of the circuit
court of the city of Portsmouth; referred to the committee for courts
of justice.
By Mr. Trout:
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of altering the 127th chapter of the Code
of Virginia of 1860, so as to relieve guardians from paying or de¬
manding compound interest.
By Mr. J. McDowell Taylor:
Petitions from citizens of Rockbridge county, for charter of a rail¬
road from Winchester to or near Salem; referred to the committee of
roads and internal navigation.
A message was received from the senate by Mr. Lee, who informed
the house of delegates that the senate had passed a bill entitled an
act to incorporate the Norfolk and St. Nazaire express company of
America and Europe, No. 61; in which they respectfully requested
the concurrence of the house of delegates.
A message was received from the senate by Mr. Trout, who informed
the house of delegates that the senate had passed a bill entitled an
act appropriating money to pay for repairs to the capitol and go¬
vernor's house and public square, and to purchase necessary furniture
for governor's house, No. 82; in which they respectfully requested the
"concurrence of the house of delegates.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed a bill entitled an
act to repeal the act passed June 22d, 1865, in relation to the salaries
of certain officers of government, and to revive certain sections of the
Code repealed by said act, No. 85; in which they respectfully re¬
quested the concurrence of the house of delegates.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
On motion of Mr. Garnett, Rule 52 was suspended, and
36
282
JOURNAL OF THE HOUSE OF DELEGATES.
No. 43, A bill to incorporate the Virginia land, trust and immi¬
gration company, was taken np.
On motions severally made by Mr. Garnett, the bill was amended as
follows:
Section 4, line 3, strike out the words "two hundred," and insert
"thirty-five."
Section 4, line 15, after the word "acres" insert the words "within
fifteen years from the date of this act."
Section 5, line 3, strike out " of two hundred thousand acres," and
insert "specified in this act."
Add at end of 5th section the following: "provided, that not more
than ten thousand acres shall be purchased and held at any one time
under this section."
On motion of Mr. Z. Turner, the bill was amended by striking out,
in the 2d and 3d lines of section 7, the following: "and grant cer¬
tificates therefor, in sums not less than five dollars pach."
On motions severally made by Mr. Garnett, the bill was amended
as follows:
Section 9, line 15, strike out " now existing."
Section 9, line 26, strike out " mortgages," and insert " writings."
Section 13, line 1, after "company" insert "nor any firm in which
said director is a partner."
Section 13, strike out the following: "Nor shall any firm, in which
such director is a partner, be allowed to owe said company as princi¬
pal, at any one time, more than ten thousand dollars, unless secured
by two responsible endorsers, neither of whom shall- be a director, or
a deed of trust on real estate, the estimated value of which shall be
at least twice the amount proposed to be borrowed, and then not for
a greater amount than twenty thousand dollars."
Section 14, line 2, strike out the words " or accepted," and insert
" accepted or endorsed."
Section 14, line 3, strike out "or accepted," and insert "accepted
or endorsed."
On motion of Mr. Robertson, the bill was amended by striking out,
in 2d line, 13th section, the words "in his individual character."
On motion of Mr. Garnett, the bill was amended by striking out,
in the 5th, 6th, 7th and 8th lines of section 14, the following: "Nor
any note or bill endorsed by a company or person whose liabilities,
by virtue of that and other notes or bills endorsed by him or it, and
discounted by said company, shall exceed forty thousand dollars.
On motion of Mr. Garnett, the bill was amended by striking out,
in the 8th, 9th, 10th and 11th lines of section 18, the following:
"And any annual or other general meeting of the said stockholders
may be held by any number of the stockholders that may be present,
and may adjourn from time to time until its business is completed."
Oiv motion of Mr. W. T. Clark, the bill was amended by striking
out the 20th section, which is as follows:
" Any railroad company or other corporation, in which the state of
Virginia may be a stockholder, and all other corporations duly and
legally constituted, may become stockholders in this company."
JOURNAL OF THE HOUSE OF DELEGATES. 283
/
The bUl was then ordered to be engrossed to be read a third time.
On motion of Mr. Pendleton, Rule No. 52 was suspended, and se¬
nate joint resolution approving the policy of the president of the
United States in reference to the reconstruction of the Union, was
taken up.
The question being on agreeing to the substitute of the committee
for courts of justice,
Mr. Robertson moved to amend the substitute by inserting as an
independent section, to come in after the 4th, the following:
" That a committee of eight be appointed, five on the part of this
house and three on the part of the senate, whose duty it shall be to
proceed to Washington city, and present the foregoing resolutions to
the president of the United States."
Mr. Dunnington moved the previous question, and the main ques¬
tion was ordered.
The amendment of Mr. Robertson was agreed to.
The substitute, as amended, was agreed to as follows:
"I. Resolved by the general assembly of Virginia, That the peo¬
ple of this commonwealth, and their representatives here assembled,
cordially approve the policy pursued by Andrew Johnson, president
of the United States, in the reorganization of the Union. We ac¬
cept the result of the late contest, and do not desire to renew what
has been so conclusively determined; nor do we mean to permit any¬
one subject to our control to attempt its renewal, or to violate any of
our obligations to the United States government. We mean to co¬
operate in the wise, firm and just policy adopted by the president,
with all the energy and power we can devote to that object.
"2. That the above declaration expresses the sentiments and pur¬
poses of all our people, and we denounce the efforts of those who
represent our views and intentions to be different, as cruel and crimi¬
nal assaults on our character and our interests. It is one of the mis¬
fortunes of our present political condition that we have among us
persons whose interests are temporarily promoted by such false rep¬
resentations; but we rely on the intelligence and integrity of those
who wield the powers of the United States government, for our safe¬
guard against such malign influences.
"3. That involuntary servitude, except for crime, is abolished, and
ought not to be re-established, and that the negro race among us
should be treated with justice, humanity and good faith, and every
means that the wisdom of the legislature can devise, should be used
to make them useful and intelligent members of society.
"4. That Virginia will not voluntarily consent to change the ad¬
justment of political power as fixed by the constitution of the United
States; and to constrain her to do so, in, her present prostrate and
helpless condition, with no voice in the councils of the nation, would
be an unjustifiable breach of faith; and that her earnest thanks are
due to the president, for the firm stand he has taken against amend¬
ments of the constitution forced through in the present condition of
affairs.
284
JOURNAL OF THE HOUSE OF DELEGATES.
"5. That a committee of eight he appointed, five on the part of
this house and three on the part of the senate, whose duty it shall
he to proceed to Washington city, and present the foregoing resolu¬
tions to the president of the United States/'
The joint resolutions were read a third time and passed—ayes 84.
On motion of Mr. Wilson, the vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Braxton,
Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel, Davis, Davidson,
Deskins, Dickenson, Dunnington, Ellis, Evans, Fields, Garnett, G.bboney, Graham, Grab
tan, Gray, Hancock, Harris, Hansbrough, Hardy, Herndon, Hurst, Jackson, Jones,
Joynes, Kellam, Kendrick, Kilby, Lee, Long, Mann, Marshall, McDonald, Magill, Mer-
ritt, Miller, Moore, Morgan, Morris, Newberry, Owen, Parsons, Pate, Patterson, Peed,
Pendleton, Powell, Ragsdale, Riggs, Rixey, Robertson, Scott, Smith, Stearns, Straughan,
J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, Z. Turner,
Waddell, Wall, Watkins, White, Wilson, Woltz, Wood, Woodson, Wooldridge, Word and
1 Wyatt—84.
Mr. Cahell moved a reconsideration of the vote by which the joint
resolutions were passed; which was rejected.
Ordered, That Mr. Cabell carry the same to the senate, and request
their concurrence.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had passed the follow¬
ing bills, entitled an act to incorporate the Virginia Valley iron and
manufacturing company, No. 87; an act to incorporate the Mount
Vernon company, No. 93; an act to amend the charter of the Midlo¬
thian coal mining company, No. 98; and an act to incorporate the
industrial mining and manufacturing company, No. 99.
On motion of Mr. Lee, Rule No. 52 was suspended, and
No. 48, A senate bill entitled an act to incorporate the Carbon Hill
coal mining company, was taken up.
. The following amendment, proposed by the committee of proposi¬
tions and grievances, was agreed to:
Insert after the word " thereof," in the 5th section, the following:
"but shall be subject to amendment, modification or repeal, at the
pleasure of the general assembly."
The bill was then read a third time and passed.
Mr. Lee moved a reconsideration of the vote by which the house
passed the bill; which was rejected.
Ordered, That Mr. Lee carry the same to the senate, and request
their concurrence.
On motion of Mr. Kendrick, Rule No. 52 was suspended, and
No. 188, A bill releasing the state's interest in the Virginia and
Kentucky railroad on certain conditions, was taken up, and read a
second time.
Mr.* Bekem moved to amend the bill by striking out, in the 2d line
of 2d section, the word " the;" which was agreed to.
On motion of Mr. Bekem, the bill was amended by adding, in 2d
line of 3d section, after the word " contractors," the words " or em¬
ployees."
The bill was ordered to be engrossed to be read a third time.
JOURNAL OF THE HOUSE OF DELEGATES.
285
On motion of Mr. Wood, Rule No. 52 was suspended, and #
No. 88, A bill to incorporate the National insurance comp'any of
Virginia, was taken up, read a third time and passed.
Mr. Wood moved a reconsideration of the vote by which bill No.
88 was passed; which was rejected.
Ordered, That Mr. Wood carry the same to the senate, and request
their concurrence.
The following senate bills were read a third time and passed:
No. 32, A senate bill entitled an act to amend and re-enact the
4th section of chapter 190 of the Code of Virginia for 1860, in rela¬
tion to offences against the sovereignty of the. state.
No. 33, A senate bill entitled an act to amend and re-enact the
15th and 16th sections of chapter 190 of the Code of Virginia for
1860, in relation to rape and abduction.
On motion of Mr. Gibboney, Rule 52 was suspended, and
No. 72, A senate bill entitled an act to increase the price of trea¬
sury warrants for land in Virginia, and to repeal an act passed 4th
January 1866, entitled an act prohibiting the further entry of waste
and unappropriated lands, or any grant of such, was taken up.
Mr. Booker moved to amend the bill by striking out, in the 3d line,
the words " one dollar," and inserting " fifty cents." Pending which,
On motion of Mr. Garnett, the bill was passed by.
On motion of Mr. Herndon, Rule 52 was suspended, and
No. 177, A bill extending the charter of the Fredericksburg and
Gordonsville railroad company, was taken up, and read a second time.
On motion of Mr. Herndon, the bill was amended by adding, as an
independent section, the following:
" This act shall be in force from its passage."
The bill was ordered to be engrossed to be read a,third time.
The hour of one o'clock having arrived, the special order, which is
No. 140, A bill to stay the collection of debts for a limited period,
came up.
On motion of Mr. Ellis, the bill was amended by inserting in the
4th line of 9th section, after the word "of," the words "Accomack
and Northampton and the city of Norfolk."
On motion of Mr. Ellis, the bill was amended by inserting in 6th
line of 9th section, after the word "force," the words "so long as
this act shall remain in force."
On motion of Mr. Ellis, the bill was amended by inserting in the
23d line of 9th section, after the word "one," the following: "or in
which, if the parties, or any of them, be incompetent to consent to a
sale, a circuit court, or a judge in vacation, having jurisdiction of
the subject, shall determine that the interest of such parties would
be promoted by a sale, or to any case of alimony, or of dower, or to
any allowance or provision for the maintenance or education of
females or infants."
On motion of Mr. Joynes, the bill was amended by filling the blank
in the 1st line of 11th section, with the word "nineteenth."
Mr. Gray moved to return to the 1st section, in order to enable him
to offer an amendment.
286
JOURNAL OF THE HOUSE OF DELEGATES.
Mr. .Garnett moved to amend the motion by striking out the whole
of the same, and inserting in lieu thereof the following: "that the
hill he opened for amendments generally."
Mr. Waddell moved the pending question; which was ordered.
The amendment of Mr. Garnett was agreed to.
The motion, as amended, was agreed to.
Mr. Gray moved to amend the bill by adding at the end of 8th line,
section 1, the following: "nor shall any judgment obtained during
the existence of this law, operate as a lien upon the property of the
debtor;" which was rejected.
On motion of Mr. Garnett, the bill was amended by striking out,
in the 9th and 10th lines of section 1, the following: "until the 1st
day of January 1868."
On motion of Mr. Garnett, the bill was amended by adding after
the 1st section, as an independent section, the following:
" 2. That upon all debts and liabilities accruing before the 3d day
of April 1865, the debtor or party liable shall, uppn the demand of
the creditor, pay the interest and principal as follows: the interest on
such debt or liability for one year, on the 1st day of January 1867:
one-fourth of the principal of such debt or liability, and one-half of
all the interest unpaid on such debt or liability on the 1st day of
January 1868: onfe other fourth of such debt or liability, with all un¬
paid interest, on the 1st day of January 1869: one other fourth of
such debt or liability, with all accruing and unpaid interest, on the
1st day of January 1870; and the remaining fourth of such debt and
interest, on the 1st day of January 1871. And for failure on the
part of the debtor to comply with any of the provisions of this sec¬
tion, he may be proceeded against for the recovery of such portion of
said debts and interest as may be,"under the provisions of this section,
then due and unpaid, as if this act or any other act staying the col¬
lection of debts, had never been passed.
Mr. Bently moved the pending question; which was ordered.
The amendment of Mr. Garnett was agreed to.
Mr. Ellis moved to amend the bill by inserting in the 15th line of
section 2, after the,word "infants," the following: "or to any case
in which the creditors are lone widows or delicate and friendless spin¬
sters, and the debtors are hale and hearty male adults, with no fami¬
lies to support; or to any case in which the creditors are lame or
blind, so that they cannot gain a livelihood by ordinary occupations,
or in which they are incapacitated from ordinary labor by reason of
old age, chronic disease, or other mental or bodily infirmity; or to
cases in which creditors having sold their lands on credit, and lost
most of their other property, have no trade, profession or other em¬
ployment, and have nothing to depend upon for a living but the
bonds or notes given them by the purchasers of such lands; or to
any case in which the consideration of the indebtedness was for
goods, wares and merchandise sold and delivered, or for work and
labor done, and the creditors have lost all or nearly all of whatever
other property they might formerly have had, while the debtors in
JOURNAL OF THE HOUSE OF DELEGATES.
287
such cases are in possession of real estate, in fee simple, of the value
of one hundred thousand dollars or upwards; or to any other case in
which the court, or the judge thereof in vacation, oh motion, after
ten days' notice to the adverse party, shall he of the opinion that, on
account of the peculiarity of the circumstances, this act ought not
to apply;" which was rejected.
On motion of Mr. Lee, the hill was amended hy adding at the end
of the 2d section, as amended, the following: "provided, that all
judgments obtained between the passage of this act and the 1st day
of January 1866, shall operate as liens upon the property of debtors
ratably."
On motion of Mr. Owen, the bill was amended by inserting in the
8th line of 2d section, after the word "corporation," the following:
" or in which any railroad or other internal improvement company
may be liable."
Mr. Watkins moved to amend the bill by inserting in the 15th line,
section 2, after the word "infants," the following: "or to any pro¬
ceeding to compel an attorney at law to pay or account for any money 1
collected by him for a client, or to compel a sheriff, sergeant or con¬
stable to account ,for or pay money collected by either of them, by
law or otherwise, for any person;" which was rejected.
Mr. Bixey moved to amend the bill by inserting at the end of the
3d section the following: "provided, however, that this section shall
not apply to negotiable notes, or to any debt in which an agreement
has or may be entered into between the parties for the purpose of
liquidating the same;" which was rejected.
On motion of Mr. Garnett, the bill was amended by striking put
the 4th section as amended.
The 4th section, stricken out, is as follows:
" Upon all debts contracted prior to the 2d day of April 1865, and
payable, or on which interest is payable before the 1st January 1866,
there shall be paid, on the 1st day of January 1867, and on the 1st'
day of January of each succeeding year while this act remains in
force, a sum equal to the interest for one year on the principal debt,
or on so much thereof as shall remain unpaid. Where the debt pr
interest thereon does not become payable until after the" 1st day of
January 1866, interest from the time of payment, or from the time
from which interest is payable, shall be paid on the said debt on the
next succeeding "1st day of January; and one year's interest shall be
paid thereon on each succeeding 1st day of J anuary while this act
remains in force."
Mr. Braxton moved to amend the bill by striking out, in the 5th
section, line 3, the word "ten," and inserting "thirty;" which was
rejected.
On motion of Mr. Grattan, the bill was amended by striking out,
in the 1st and 2d lines of section 5, the words "any instalment of
interest, as provided by the 4th section," and inserting the following:
"the interest to be paid on the 1st day of . January 1867."
288
journal of the house of delegates.
On motion of Mr. Garnett, the bill was amended by striking out,
in the 3d line, section 5, the word " ten," and inserting " twenty."
Mr. Z. Turner moved the previous question; and the main question
was ordered.
The question being on agreeing to the substitute submitted by Mr.
Dickenson,
Mr. Kilby moved that the house do now adjourn; which was
rejected.
The substitute of Mr. Dickenson was rejected.
Mr. Gibboney moved that the house do now adjourn; which was
rejected.
The bill was ordered to be engrossed to be read a third time.
On motion of Mr. Lee, the bill, as amended, was ordered to be
printed.
On motion of Mr. Hurst, the house adjourned until to-morrow,
eleven o'clock.
WEDNESDAY, February 7, 1866.
Prayer by Kev. Dr. Hopson of the church of the Disciples.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as
follows:
In senate, February 6, 1866.
The senate have passed house bills entitled:
An act to require a deposit of securities to be made by foreign in¬
surance companies doing business in this state, No. 86.
An act to incorporate the Mantua coal mining company, No. 99.
An act to amend and re-enact section 6 of chapter 16 of the
Code, No'. 106.
An act to confirm tlih acts of courts held at improper places in
certain cases, No. 109.
And they have agreed to the substitute proposed by the house of
delegates for the joint resolution of the senate approving the policy
of the president of the United States in reference to the reconstruc¬
tion of the Union.
The following senate bills were read a first and second times, and
referred to the committee of propositions and grievances:
No. 61, A senate bill entitled an act to incorporate the Norfolk and
St. Nazaire express company of America and Europe.
No. 82, A senate bill entitled an act appropriating money to pay
for repairs to the capitol and governor's house and public square, and
to purchase necessary furniture for governor's house.
No. 87, A senate bill entitled an act to incorporate the Virginia
Valley iron and manufacturing company.
.JOUKNAL OF THE HOUSE OF DELEGATES.
289
No. 93, A senate bill entitled an act to incorporate the Mount
Yernon company.
No. 98, A senate bill entitled an act to amend the charter of the
Midlothian coal mining company.
No. 99, A senate bill entitled an act to incorporate the industrial
mining and manufacturing company.
The following senate bill was read a first and second times, and re¬
ferred to the committee on finance:
No. 85, A senate bill entitled an act to repeal the act passed June
22d, 1865, in relation to the salaries of certain officers of government,
and to revive certain sections of the Code repealed by said act.
No. 81, A senate bill entitled an act providing for the employment
of females to execute certain copying, reported from the select com¬
mittee on the subject, was placed on the calendar.
No. 3, Joint resolutions in relation to the land tax and other im¬
posts and taxes levied by the congress of the United States, reported
from the committee on finance, was placed on the calendar.
No. 65, A senate bill entitled an act to incorporate the Cosmos
warehouse and exchange company, reported from the committee of
propositions and grievances, was placed on the calendar.
The following senate bills, reported from the committee of propb-
sitions and grievances with amendments, were placed on the calendar:
No. 66, A senate bill entitled an act to incorporate the Virginia
and North Carolina accident insurance company.
No. 70, A senate bill entitled an act to reyive the charter of the
Keswick coal mining company, and to amend the same.
No. 223, A bill granting permission to J. T. Burks and J. L. Burks
to improve New river, reported from the committee of roads and in¬
ternal navigation, was read a first time, and placed on the calendar
for a second reading.
The following bills, reported from the committee of propositions
and grievances, were read the first time, and placed on the calendar
f©r a second reading.
No. 224, A bill to incorporate citizens gaslight company of the
city of Norfolk. ^
No. 225, A bill to incorporate the American immigration and land
company.
No. 226, A bill amending and re-enacting the 43d section of chap¬
ter 112 of the Code, with regard to land warrants, reported from the
committee for courts of justice, was read the first time, and placed on
the calendar for a second reading.
The following bills, reported from the committee on finance, were
read the first time, and placed on the calendar for a second reading:
No. 227, A bill to amend the 47th section of chapter 58 of the
Code (edition of 1860).
No. 228, A bill to amend the 2d section of chapter 27 of the Code,
(edition of 1860).
TJie following report from the committee on finance was agreed to:
The committee on finance have, according to order, Had under con-
37
290
JOURNAL OF THE HOUSE OF DELEGATES.
sideration a resolution to provide for the sale Or exchange^ for bond's of
the state, all the interest held by the state in works of internal im¬
provement, respectfully report, that they consider it inexpedient to
legislate on the subject at this time.
Mr. Robertson offered the following resolution:
Resolved, That the Speaker of the house do act as chairman of the
committee on the part of the same, to aid in the execution of the
j oint- resolution of the general assembly, approving the course of the
president of the United States in behalf of the reconstruction of the
states.
Rule No. 47, requiring a reference of the resolution to a committee,
was suspended, and the resolution agreed to.
On motions severally made, leave of absence was granted Messrs.
Smith and Page."
The following papers were presented and referred, under Rule 37:
By Mr. G-rattan:
A bill incorporating the stockholders of the Richmond and Peters¬
burg railroad connection company; which was referred to the com¬
mittee of roads and internal navigation.
By Mr. Gibboney:
, A petition of sundry citizens of Wythe county, against the arbi¬
trary action of the Virginia and Tennessee railroad company, in com¬
pelling goods to be consigned to commission houses in Lynchburg;
which was referred to the committee of*roads and internal navi¬
gation.
By Mr. Miller:
A petition of justices of the court of Nottoway, in regard to the
compensation of the presiding justice; which was referred to the com¬
mittee for courts of justice.
By Mr. Atkinson:
Resolved, That the committee of schools and colleges enquire into
the expediency of discontinuing the annuity to the Virginia military
institute., 1
By Mr. Graves:
A bill authorizing the governor to hire out able-bodied men, con¬
victs in the penitentiary, to work in the coal-pits; which was referred
to the committee on the penitentiary.
The morning hour having expired, the house proceeded with the
business on the calendar.
On motion of Mr. Grattan, Rule No. 52 was suspended, and
No. 120, An engrossed bill amending the 38th chapter of the Code
(edition of 1860), in relation to the assessment of taxes on licenses,
was taken up, read a third time and passed.
Mr. Grattan moved a reconsideration of the vote by which the bill
was passed;, which was rejected.
Ordered, That Mr. Grattan carry the bill to the senate, and re¬
quest their concurrence.
On motion of Mr. Townes, Rule No. 52 was suspended, and
No. 137, An engrossed bill to authorize the sale of the Roanoke
JOURNAL OF THE HOUSE OF DELEGATES. 291
valley railroad under certain conditions, was taken up, read the third
time and passed—ayes 78.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Braxton^
Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel, Davis, Davidson, Des-
kins, Dickenson, Dunnington, Ellis, Evans, Fields, Garnett, Gibboney, Graham, Grattan,
Graves, Gray, Hancock, Harris, Hansbrough, Hardy, Herndon, Hurst, Jackson, Jones,
Joynes, Kellam, Kendrick, Kilby, Langhorne, Lee, Long, Marshall, McDonald, Merritt,
Miller, Moore, Morgan, Morris, Owen, Parsons, Pate, Patterson, Pendleton, Powell,
Riggs, Rixfey, Robertson, Smith, Stearns, Straughan, W. F. B. Taylor, Teeter, Townes,
Trout, W. A. Turner, Z. Turner, Waddell, V/all, Watkins, White, Wilson, Woltz, Wood¬
son, Wooldridge, Word and Wyatt/—78.
Mr. Townes moved to reconsider the vote by which the bill was
passed; which was rejected.
Ordered, That' Mr. Townes carry the bill *to the senate, and re¬
quest their concurrence.
On motion of Mr. Dickenson, Rule No. 52 was suspended, and
No. 189, A bill to incorporate the Virginia and Cumberland gap
railroad company, was taken up, read a second time, and ordered to
be engrossed to be read a third time.
On motion of Mr. Bently, Rule No. 52 was suspended, and
No. 81, A senate bill entitled an act providing for the employment
of females to execute certain copying, was taken up.
Mr. Graves moved the previous question.
The house refused to order the main question.
Mr. Straughan moved to amend the bill by striking out, in section
1, line 1, the words "register of the land office," and inserting in
lieu thereof the words "governor of this commonwealth."
Mr. Miller moved to amend the amendment of Mr. Straughan by
striking out the words "governor of this commonwealth," and insert¬
ing in lieu thereof the words "auditor of public accounts."
Mr. Wyatt moved the pending question; which was ordered.
' The amendment to the amendment was rejected.
Mr. Kilby moved to amend the amendment of Mr. Straughan by
inserting after the word "commonwealth" the words "if he deem it
actually necessary."
The amendment to the amendment was rejected.
The question recurring on the amendment of Mr. Straughan, was
put, and decided in the negative.
Mr. Gray moved the previous question,, and the main question was
ordered.
The bill was read a third time; and the question^ being—Shall
the bill pass? was put, and decided in the negative—ayes 49;
noes 29.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker),Atkinson, Baylor, Bently, Browning, A.J.Clark, W.
T. Clark, Childress, Daniel, Davidson, Ellis, Evans, Fields, Garnett, Gibboney, Grattan,
Grav, Hancock, Hansbrough, Hardy, Jackson, Kendrick, Kilby, Langhorne, Lee, Mann,
Marshall McDonald, Merritt, Miller, Morris, Pate, Pendleton, Powell, Rixey, Robertson,
Scott, w! F. B. Taylor, Trout, W. A. Turner, Z. Turner, Wall, Watkins, White, Wilson,
Woltz, Wood, Woodson and Wyatt—49.
292
JOURNAL OF THE HOUSE OF DELEGATES.
Hoes—Messrs. Booker, Braxton, Brown, Cabell, Deskins, Dickenson, Dunuington, Gra¬
ham, Graves, Harris, Jones, Kellam, Long, Moore, Morgan, Newberry, Owen, Parsons,
Patterson, Peed, Stearns, Straughan, J. McDowell Taylor, Teeter, Thompson, Townes,
Waddell, Wooldridge and Word—29.
Resolved, That the hill be rejected.
A message was received from the senate by Mr. McRae, who in¬
formed the house of delegates that the senate had agreed to the
amendment of the house to senate bill entitled an act to incorporate
the Carbon Hill coal company, No. 48.
On motion of Mr. G-arnett, Rule No. 52 was suspended, and
No. 72, A senate bill to increase the price of treasury warrants for
land in Virginia, and to repeal an act passed 4th January 1866, enti¬
tled an act prohibiting the further entry of waste and unappropriated
lands, or any grant of .guch, was taken up,
Mr. Booker withdrew his amendment.
The bill was read a third time; and the question recurring and be¬
ing put—Shall the bill pass ? was decided in the affirmative—ayes
76; noes 4.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Braxton, Brown,
Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel, Davis, Deskins, Dickenson,
Dunnington, Ellis, Evans, Fields, Garnett, Gibboney, Graham, Grattan, Graves, Hancock,
Harris, Hansbrough, Hardy, Herndon, Jackson, Jones, Joynes, Kellam, Kendrick, Kilby,
Langhorne, Lee, Long, Marshall, McDonald, Merritt, Miller, Moore, Morgan, Morris,
Newberry, Owen, Pate, Patterson, Peed, Pendleton, Riggs, Rixey, Robertson, Scott,
Smith, Stearns, Straughan, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson,
Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz,
Wood, Woodson and Wooldridge—76.
Noes—Messrs. Mann, Parsons, Powell and Word—4.
On motion of Mr. Grattan, Rule No. 52 was suspended, and
No. 3, Joint resolutions in relation to the land tax and other im¬
posts and taxes levied by the congress of the United States, was
taken up.
The first amendment of the senate was agreed to, as follows:
Add at the end of 3d section the following: " provided, that in as¬
certaining the amount to be paid by this state under this act, credit
shall be allowed for such amount of said tax as may have been paid,
and that so much of the tax as is justly applicable to that portion of
territory now known as the state of West Virginia, shall be excluded
from the amount of tax hereby assumed."
The second amendment of the senate was disagreed to, as follows:
Strike out 5th resolution, and insert in lieu thereof the following:
" Resolved, That the governor be respectfully requested to appoint
one or more commissioners, to proceed immediately to the city of
Washington, and to present to the authorities of the United States
a copy of the foregoing resolutions, with the request that these reso¬
lutions be laid before the two houses of the congress of the United
States; and that the governor be respectfully requested to make to the
general assembly a report of the results of his or their mission."
Mr. Grattan moved to reconsider the vote by which the first amend¬
ment of the senate was agreed to; which motion wras rejected.
JOURNAL OF THE HOUSE OF DELEGATES.
293
Mr. Grattan moved to reconsider the vote by which the second
amendment of the senate was disagreed to; which motion was re¬
jected.
Ordered, That Mr. Grattan communicate to the senate the action
of the house. x
On motion of Mr. Bekem, Rule 52 was suspended, and
No. 188, An engrossed bill releasing the state's interest in the Vir¬
ginia and Kentucky railroad on certain conditions, was taken up,
read a third time and passed—ayes 71.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Braxton, Brown,
Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel, Davidson, Deskins, Dick¬
enson, Dunnington, Evans, Fields, Garnett, Gibboney, Graham, Graves, Hancock, Hans-
brough, Hardy, Herndon, Jones, Joynes, Kendrick, Kilby, Langhorne, Lee, Long, Mar¬
shall, McDonald, Merritt, Miller, Moore, Morgan, Morris, Newberry, Owen, Parsons,
Patterson, Peed, Pendleton, Powell, Riggs, Rixey, Robertson, Scott, Smith, Stearns, J.
McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner,
Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz, Woodson, Wooldridge and
Word—71.
Mr. Kendrick moved to reconsider the vote by which the bill was
passed; which motion was rejected.
On motion of Mr. Owen, Rule 52 was suspended, and .
No. 193, A bill for the relief of Henry H. Hurt, sheriff of Halifax
county, was taken up, read a second time, and ordered to be engrossed
to be read a third time.
On motion of Mr. A. J. Clark, Rule 52 was suspended, and
No. 187, An engrossed bill incorporating the Lynchburg and Dan¬
ville railroad company, was taken up, read a third time and passed.
Mr. A. J. Clark moved to reconsider the vote by which the bill was
passed; which motion was rejected.
Ordered, That Mr. A. J. Clark carry the bill to the senate, and re¬
quest their concurrence.
On motion of Mr. Browning, Rule 52 was suspended, and
No. 177, An engrossed bill extending'the charter of the Fredericks¬
burg and Gordonsville railroad company, was taken up, read a third
time and passed.
Mr. Garnett moved to reconsider the vote by which the bill was
passed; which motion was rejected.
Ordered, That Mr. Browning carry the same to the senate, and re¬
quest their concurrence.
Oh motion of Mr. Patterson, Rule 52 was suspended, and
No. 112, An engrossed bill authorizing the governor to lease out
the armory grounds, and provide barracks for the public guard, &c.,
was taken up, read a third time and passed—ayes 75.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Brown,
Browning, Cabell, W. T. Clark, Childress, Daniel, Davis, Davidson, Deskins, Dickenson,
Dunnington, Ellis, Evans, Fields, Gibboney, Graham, Grattan, Graves, Hancock, Harris,
Hansbrou^h Hardy, Herndon, Jackson, Jones, Kellam, Kendrick, Kilby, Langhorne,
Lee, Lono-t Mann, Marshall, Merritt, Miller, Moore, Morgan, Morris, Newberry, Owen,
Parsons, "Pate, Patterson, Peed, Pendleton, Powell, Riggs, Rixey, Robertson, Scott,
294
JOURNAL OF THE HOUSE OF DELEGATES.
Smith, Straughan, J. McDowell Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner,
Z. Turner, Waddell, Watkins, White, Wilson, Woltz, Wood, Woodson, Wooldridge Word
and Wyatt—75.
Mr. Patterson moved to reconsider the vote by which the hill was
passed; which motion was rejected.
•Ordered, That Mr. Patterson carry the bill to the senate, and re¬
quest their concurrence.
No. 73, An engrossed bill to amend the act passed March 18th,
1861, entitled an act to amend the charter of the city of Richmond,
came up.
The amendment proposed by the senate was agreed to.
Mr. Lee moved that the vote by which the amendment of the senate
was agreed to be reconsidered; which motion was rejected.
Mr. Ellis moved that Rule 52 be suspended, to take up, out of its
order on the calendar,
No. 198, A bill to incorporate the great southern inland naviga¬
tion company; which was rejected.
The Speaker appointed the following gentlemen a committee, on
the part of the house, to wait upon the president of the United
States, and present him with a copy of the joint resolutions approv¬
ing the policy of the president of the United States in reference to
the reconstruction of the Union, viz: Messrs. Marshall, Grattan,
Pendleton and Joynes.
A message was received from the senate by Mr. Gray, who informed
the house of delegates that the senate had passed house bill entitled
an act to amend and re-enact the provisions of the Code of 1860, and
the acts subsequent thereto, in regard to the public printer and the
pjublic printing, No. 119, with amendments; in which they requested
the concurrence of the house.
The bill was referred to the select committee on the subject.
No. 34, Senate bill to amend and re-enact the 14th section of
chapter 108 of the Code of Virginia for 1860, in regard to registers
of marriage, and to legalize the marriage of colored persons now
cohabiting as husband and wife.
The following amendments, proposed by the committee for courts
of justice, were severally agreed to:
Add 'at the end of 2d section the following: " And when the par¬
ties have ceased* to cohabit before the passage of this act, in conse¬
quence of the death of the woman, or from any other cause, all the
children of the woman, recognized by the man to be his, shall be
deemed legitimate."
Section 2, line 1, strike out the words " Be it further enacted."
Section 2, line 8, strike out the words " as white persons are re¬
quired."
Same section, same line, strike out the words " to be married."
The bill was ordered to be read a third time.
No. 35, A senate bill entitled an act to amend and re-enact sec¬
tions 1, 3, 5, 7 and 15 of chapter 196 of the Code of Virginia for
1860, in regard to unlawful marriages, came up.
JOURNAL OF THE HOUSE OF DELEGATES.
295
The following amendments, proposed by the committee for courts
of justice, were agreed to:
Line 5, strike out "white or colored."
Line 9, strike out " one," and insert " three."
x Line 9, strike out " five," and insert " eight."
Line 10, strike out "white or colored."
Lines 20 and 21, striks out "between white or colored persons."
Line 25, strike out "white or colored."
Line 32, strike out "white or colored."
The bill was ordered to be read a third time.
No. 27, A senate bill entitled an act to incorporate the Interna¬
tional commercial company of Norfolk city, was read a third time
and passed.
No. 46, A senate bill entitled an act extending the time for re¬
building the toll bridge at Buchanan in Botetourt county, under the
charter granted to James Cartmill and John F. Wood, by an act of
the general assembly entitled an act authorizing James Cartmill and
John F. Wood to erect a toll bridge across James river, passed Feb¬
ruary 17, 1819, was read a third time and passed.
Mr. Word moved a reconsideration of the vote by which the bill •
was passed; which was rejected.
No. 44, A senate bill entitled an act to amend the 1st section of
chapter 18 of the Code, in relation to the appointment of certain
officers at the seat of government, came up.
The following amendments, proposed by the committee for courts
of justice, were agreed to:
In 5th line, after the word " accounts" insert the words " a regis¬
ter of the land office."
Strike out the 3d section.
The bill was read a third time and passed.
A message was received from the senate by Mr. Kichmond, who
informed the house of delegates that the senate had passed a bill en¬
titled an act disposing of the state's interest in the Virginia and
Kentucky railroad on certain conditions, No. 102; in which they re¬
spectfully requested the concurrence of the house of delegates.
A message was received from the senate by Mr. Carter, who in¬
formed the house of delegates that the senate had passed a bill en-
'titled an act to incorporate the Virginia and Cumberland gap railroad
company, No. 92; in which they respectfully requested the concur¬
rence of the house of delegates.
No. 83, A senate bill entitled an act concerning the estate of Wil¬
liam Dickinson, deceased, came up.
On motion of Mr. Pate, the bill was passed by.
No. .38, A senate bill entitled an act to regulate contracts for labor
between white and colored persons, ,and to impose a fine on persons
enticing laborers from the service of their employers under such con¬
tracts, came up.
The amendments proposed by the committee for courts of justice
are as follows:
296
JOURNAL OF THE HOUSE OF DELEGATES.
In 2d line, strike out " one month," and insert " two months."
In 5th line, after "poor" insert "or two or more credible witnesses."
In 7th line, after "poor" insert "or the witnesses."
In 9th and 10th lines, strike out the words "he has done so in his
certificate of the fact that the contract has been acknowledged before
him," and insert " this has been done in the certificate of the ac¬
knowledgment of the contract."
Mr. Kilby moved to amend the second amendment of the com¬
mittee by striking out the word "two," and inserting "one;" which
was rejected.
The amendments of the committee were agreed to.
The bill was ordered to be read a third time.
No. 69, A senate bill entitled an act to incorporate the St. Patrick
beneficial society of the city of Portsmouth, came up.
On motion of Mr. Booker, the bill was recommitted.
A message was received from the senate by Mr. Dulany, who in¬
formed the house of delegates that the senate had passed a bill en¬
titled an act to authorize the county court of Fairfax, in certain
cases, to remit taxes due to the state, No. 97; in which they respect¬
fully requested the concurrence of the house of delegates.
The following engrossed bills were read a third time and passed:
No. 124, An engrossed bill to amend and re-enact the 25th and
27th sections of chapter 92 of the Code of Virginia, relating to
pilots—ayes 68.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekein, Bently, Booker, Braxton,
Brown, Browning, Cabell, W. T. Clark, Childress, Davis, Deskins, Dickenson, Ellis, Evans,
Fields, Gibboney, Graham, Grattan, Graves, Hancock, Harris, Hansbrough, Hardy, Hern-
don, Jackson, Jones, Joynes, Kellam, Kendrick, Kilby, Langborne, Lee, Long, Mann,
Marshall, McDonald, Merritt, Miller, Moore, Morris, Newberry, Owen, Parsons, Pate,
Patterson, Peed, Pendleton, Powell, Rixey, Robertson, SHa^ghaii, J. McDowell Taylor,
Teeter, Thompson, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins, White,
Wilson, Woltz, Woodson and Word—68.
No. 93, An engrossed bill to incorporate the Virginia insurance,
loan and trust company.
No. Ill, A bill for the relief of L. A. Miller and John G. Miller,
late sheriffs of Frederick county.
Mr. Wall moved to amend the title of bill No. Ill, by striking out
the whole ofi the same, and inserting in lieu thereof the following:
" For the relief of L. A. Miller, late sheriff of Frederickjcounty;"
which was agreed to.
No. 117, An engrossed bill to incorporate the Richmond academy
of medicine, wag read a third time.
Mr. Grattan moved that the bill be passed by; which was rejected.
Mr. Word moved that the bill be laid upon the table; which was
rejected.
The bill was passed.
Mr. Watkins moved a reconsideration of the vote by which the bill
was passed; which was rejected.
JOURNAL OF THE HOUSE OF DELEGATES.
297
Mr. W. T. Clark moved that the house do now adjourn; which was
rfjected.
No. 121, An engrossed bill to amend and re-enact section 5 of
chapter 209 of the Code of 1860, was read a third time and passed.
Mr. Kilby moved that the house do now adjourn; which was re¬
jected—ayes 28; noes 40.
On motion of Mr, Grqttan, the vote was recorded as follows:
Ayes—Messrs. Bekem, Braxton, Browning, Childress, Dickenson, Graves, Hancock,
Hansbrough, Hardy, Kellain, Kilby, Langhorne, Marshall, Morgan, Morris, Newberry,
Parsons, Patterson, Rixev, J. McDowell Taylor, Teeter, Thompson, Z. Turner, Wilson,
Woltz, Woodson, Word and Wyatt—28.
Noes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bently, Booker, Brown, Cabell,
W. T. Clark, Davis, Davidson, Deskins, Dunnington, Ellis, Evans, Garnett, Gibboney, Gra¬
ham, Grattan, Harris, Jones, Joynes, Kendrick, Lee, Mann, McDonald, Merritt, Miller,
Moore, Owen, Pate. Riggs, Robertson, Scott, Smith, Trout, W. A. Turner, Waddell, Wall,
Watkins and White—40.
No. 122, An engrossed bill to amend and re-enact the 12 th section
of chapter 77 of the Code of 1860, was read a third time.
On motion of Mr. Hansbrough, the bill was recommitted.
On motion of Mr. Woodson, Rule No. 52 was suspended, and
No. 151, A bill in regard to the Rockingham turnpike company,
was taken up, read a second time, and ordered to be engrossed to be
read a third time.
On motion of Mr. Kellam, the house adjourned until to-morrow,
eleven o'clock.
THURSDAY, February "8, 1866.
Prayer by Rev. Dr. Hopson qf the church of the Disciples.
The journal was read by the clerk.
No. 122, An engrossed bill to amend and re-enact the 12th section
of chapter 77 of the Code of 1860 (heretofore recommitted), reported
from the committee for courts of justice, was placed on the calendar.
The following report from the committee for courts of justice was
agreed to:
The committee for courts of justice have, according to order, had
under consideration a petition from the justices of Nottoway, in re¬
gard to the compensation of the presiding justice, and beg leave to
report, that they deem it inexpedient to legislate on the subject, and
ask to be relieved from the further consideration of the same.
No. 119, An engrossed bill entitled an act to amend and re-enact
the provisions of the Code of 1860, and the acts subsequent thereto,
in regard to the public printer and the public printing, reported from
the select committee on the subject, with a recommendation that the
amendments proposed by the senate be not concurred jn, was placed
on the calendar. ~ . „
The following bill, reported from the committee of roads and in-
38
298
JOURNAL OF THE HOUSE OF DELEGATES.
tenia! navigation, was read the first time, and placed on the calendar
for a second reading: ' *
No. 232, A hill to amend and re-enact section 2d of chapter 52 of
the Code of 1860.
The following senate bills were read a first and second times, and
referred to the committee of roads and internal navigation:
No. 92, A senate hill entitled an act to .incorporate the Virginia
and Cumberland gap railroad company.
No. 102, A senate bill entitled an act disposing of the state's in¬
terest in the Virginia and Kentucky railroad on certain conditions.
' No. 97, A senate bill entitled an act to authorize the county court
of Fairfax in certain cases to remit taxes due to the state, was read
a first and second times, and referred to the committee on finance.
The following bills, reported from the committee for courts of jus¬
tice, were read the first time, and placed on the calendar for a second
reading:
No. 229, A bill to amend and re-enact the 3d and 5:h sections of
chapter 96, Code of 1860.
No. 230, A bill to amend and re-enact section 32 of chapter 38,
Code of Virginia.
No. 231, A bill for the relief of Dempsey Nash, clerk elect of the
circuit court of the city of Portsmouth, and James J. Henritzie, clerk
elect of the circuit court of Russell county.
" On motions severally made, leave of absence was granted Messrs.
Daniel, A. J. Clark, Powell, Bekem, Miller and W. T. Clark.
,On motion of Mr. Wall, the use of the hall on next Monday night
was granted Charles Carter Lee, for the purpose of delivering a lecture.
On motion of Mr. Wood,
No. 87, A bill compensating Allen Bacon for services as jailor
(heretofore laid on the table), was taken up, and placed on the calendar.
The following papers were presented and referred, under Rule 37:
By Mr. Evans:
A bill to incorporate the Virginia, Atlantic and Ohio railroad com¬
pany; referred to the committee of propositions and grievances.
By Mr. Grattan:
Petition of citizens of Richmond, for a change of usuyy laws; re¬
ferred to the committee on finance.
'By Mr. Martin:
A bill for the relief of the people of Virginia; referred to the com¬
mittee for courts of justice.
. By Mr. Stearns:
A bill to amend the 3d section of an act entitled an act to incor¬
porate the Chesterfield gas coal mining company, passed December
21st, 1865; referred to the committee of propositions and grievances.
By Mr. Watkins: .
A resolution that the committee for courts of justice enquire into
the expediency of providing by law that the depositions of telegraph
operators, railroad and express company agents may be taken (upon
notice), to be read as evidence in civil suits.
JOURNAL OF THE HOUSE OF DELEGATES. 299
By Mr. W. A. Turner:
A bill to incorporate the Southern fertilizing company; referred to
the committee of propositions and grievances.
The mornipg hour having expired, the house proceeded with busi¬
ness on the calendar.
Mr. Wilson moved a reconsideration of the vote by which a bill
to stay the collection of debts for a limited period, No. 140, was
ordered to be engrossed.
Mr. Merritt moved that the motion to reconsider be passed by;
which was agreed to.
. The following senate bills were read a third time and passed:
No. 34, A senate bill entitled ah act to amend and re-enact the
14th section of chapter 108 of the Code of Virginia for 1860, in re¬
gard to registers of marriage, and to legalize the marriage of colored
persons now cohabiting as husband and wife.
No. 35, A senate bill entitled an act to amend and re-enact sec¬
tions 1, 3, 5, 7 and 15 of chapter 196 of the Code of Virginia for'
1860, in regard to unlawful marriages.
No. 38, A senate bill entitled an act to regulate contracts for labor
between white and colored persons, and to impose a fine on persons
enticing laborers from the service of their employers under such
contracts.
No. 65, A senate bill entitled an act to incorporate the Cosmos
warehouse and exchange company, came up.
On motion of Mr. Graham, the bill was passed by.
No. 66, A senate bill entitled an act to incorporate the Virginia
and North Carolina accident insurance company, came up.
On motion of Mr. Grattan, the bill was laid upon the table.
No. 83, A senate bill entitled an act concerning the estate of Wil¬
liam Dickinson, deceased, was read a third time and passed.
No. 70, A senate bill entitled an act to revive the charter of the
Keswick coal mining company, and to amend the same, came up.
The following amendment, proposed by the committee of propo¬
sitions and grievances, was agreed to:
Insert after the 3d section, as an independent section, the following:
"That the 2d section of the act passed January I4th, 1846, be
amended and re-enacted so as to read as follows:
"That the capital stock of said company shall not be less than
twenty-five thousand nor more than five hundred 'thousand dollars,
in shares of one hundred dollars each; and the said company shall
have the right to purchase and hold lands in the said counties of
Powhatan and Chesterfield, not exceeding five thousand acres."
The bill was ordered to be read a third time.
The following engrossed bills were read a third fjme and passed:
No. 123, An engrossed bill to amend, re-enact and repeal certain
sections of the Code of Virginia in relation to pilots—ayes 6*9.
The vote was recorded as follows:
Ayes—Messrs Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Brown,
Browning, Cabell, W. T. Clark, Childress, Davis, Davidson, Deskins, Dickenson, Dunning-
300
JOURNAL OF THE HOUSE OF DELEGATES.
ton, Ellis, Evans, Fields, Gibboney, Graham, Hancock, Harris, Hansbrougli, Hardy, Hern-
don, Holmes, Jackson, Jones, Kellam, Kendrick, Kilby, Langborne, Mann, Martin, Mc¬
Donald, Merritt, Moore, Morgan, Morris, Newberry, Owen, Parsons, Pate, Patterson,
Peed, Powell, Riggs, Rixey, Robertson, Scott, Stearns, Straughan, Strayer, J. McDowell
Taylor, W. F. B. Taylor, Teeter,'Thompson, Trout, W. A. Turner, Z. Turner, Waddell,
Wall, Watkins, Wilson, Woltz, Wood, Woodson and Wooldridge—68.
No. 125, An engrossed bill to amend and re-enact section 17 of
chapter 64 of the Code (edition of 1860).
No. 126, An engrossed bill for the relief of the Winchester and
Potomac railroad company, was read a third time; and the question
being—Shall the bill pass? was put, and decided in the negative^
ayes 35; noes 31.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Baylor, Browning, Cabell, Dunnington, Ellis, Fields,
Gibboney, Graham, Grattan, Graves, Harris, Hansbrough, Hardy, Herndon, Jackson,
Kilby, Mann, Martin, McDonald, Owen, Pate, Powell, Rixey, Scott, Stearns, Strayer, J.
McDowell Taylor, Thompson, W. A. Turner, Z. Turner, Waddell, Wall, Watkins and
Woodson—35.
Noes—Messrs. Atkinson, Bently, Booker, Braxton, Brown, Davis, Deskins, Holmes',
Hurst, Jones, Kellam, Kendrick, Langhorne, Merritt, Moore, Morgan, Newberry, Par¬
sons, Patterson, Peed, Riggs, Robertson, Straughan, W. F. B. Taylor, Teeter, Trout,
Wilson, Woltz, Wood, Wooldridge and Word—31.
Resolved, That the bill be rejected.
On motion of Mr. Wood, the vote by which the bill was rejected
was reconsidered.
On motion of Mr. Wall, the bill was passed by.
The following engrossed bills were read a third time and passed:
No. 129, An engrossed bill prescribing duties of telegraph com¬
panies.
No. 130, An engrossed bill to amend and re-enact section 14 of
chapter 192 of the Code of 1860.
No.-131, An engrossed bill amending and re-enacting the 12th sec¬
tion of chapter 191 of the Code (I860).
No. 189, An engrossed bill to incorporate the Virginia and Cum¬
berland gap railroad company.
No. 43, An engrossed bill to incorporate the Virginia land, trust
and immigration oompany.
Mr. Jones moved a reconsideration of the vote by which bill No.
43 was passed; which was rejected.
Ordered, That Mr. Garnett carry the same to the senate, and re¬
quest their concurrence.
No. 193, An engrossed bill for the relief of Henry H. Hurt, sheriff
of Halifax county, was read a third time and passed—ayes 67; noes 4.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Brown, Cabell,
A. J. Clark, W."«. Clark, Childress, Davidson, Deskins, Dunnington, Ellis, Evans, Fields,
Garnett, Gibboney, Graham, Graves, Gray, Hancock, Harris, Hansbrough, Hardy, Hern¬
don, Holmes, Hurst, Jackson, Kellam, Kendrick, Kilby, Mann, Martin, McDonald, Mer¬
ritt, Moore, Morgan, Morris, Owen, Pate, Patterson, Peed, Powell, Rixey, Robertson,
Scott, Stearns, Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thomp¬
son, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins, Wilson, Woltz,
Wood, Woodson, Wooldridge and Word—67.
Ndes—-Messrs. Braxton, Browning, Davis and Newberry—4.
JOURNAL OF THE HOUSE OF DELEGATES.
' Mr. Owen moved a reconsideration of the tote by whicb the bill
was passed; which Was rejected.
Ordered, That Mr. Owen carry the same to the senate, and request
their concurrence.
A message was received from the senate by Mr. Eobinson, who in¬
formed the house of delegates that the senate had receded from their
second amendment to the joint resolution in relation to the land tax
and other imposts and taxes levied by the congress of the United
States, which had been disagreed to by the house.
No. 151, An engrossed bill in regard to the Rockingham turnpike
company, was taken up, read a third time and passed—ayes 77.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Bpoker, Braxton,
Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Davis, Davidson, Deskins,
Dickenson, Dunnington, Ellis, Evans, Fields, Gibboney, Graham, Grattan, Graves, Gray,
Hancock, Harris, Hansbrongh, Hardy, Herndon, Holmes, Hurst, Jackson, Jones, Kellam,
Kendrick, Kilby, Langhorne, Mann, Martin, McDonald, Merritt, Miller, Moore, Morgan,
Morris, Newberry, Owen, Parsons, Pate, Patterson, Peed, Powell, Riggs, Rixey, Robert¬
son, Scott, Stearns, Stranghan. Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter,
Thompson, Townes, Trout, Z. Turner, Waddell, Wall, Watkins, Wilson, Woltz, Wood,
Woodson, Wooldridge and Word—77.
The following bills were read a second lime, and ordered to be en¬
grossed to be read a third time:
No. 115, A bill to require the railroad companies of Virginia to
have their ticket offices and cars open one hour before the departure
of every passenger train.
No. 132, A bill to repeal certain parts of the act of May 14th,
1862, and to prescribe oaths to be taken in certain cases.
No. 133, A bill incorporating the Bath iron mining and manufac¬
turing company in the counties of Bath and Alleghany.
No. 134, A bill to incorporate the West Crawford toll bridge
company.
No. 135, A bill to repeal an act exempting certain white males
from working on the highways of King George and Stafford.
No. 128, A bill to require payment of premiums upon charters,
was taken up, and read a second tim,e.
The amendment of Mr. Grattan was agreed to.
Mr. Graham moved to amend the bill by adding at the end of sec¬
tion 3 the words " This act shall not apply to applications for char¬
ters for railroad or canal, manufacturing or mining companies."'
Mr. Grattan moved to amend the amendment of Mr. Graham, by
striking out the words "manufacturing and mining;" which was
agreed to.
The amendment, as amended, was agreed to.
The bill was ordered to be engrossed to be read a third time.
No. 136, A bill to organize the militia, was taken up, and read a
second time.
Mr. Daniel submitted an amendment in the nature of a substitute.
Mr.' Booker moved to amend the amendment of Mr. Daniel, by in¬
serting after section 8 the following as independent sections:
302
JOURNAL OF THE HOUSE OF DELEGATES.
"9. After the militia shall have been organized in the manner pre¬
scribed in the preceding sections, they shall not be required to drill or
muster, unless when called into active service by the governor, or by
the president of the United States: provided, however, that the gov¬
ernor may, if he thinks the public interest demands it, require the
several companies of each regiment or battalion of the line to drill
one day either in the month of April or May in each year, and a regi¬
mental or battalion muster to be held in the month of May.
"10. It shall be the duty of the captain of each company, after it
shall have been organized in pursuance of this act, to enroll, or cause
to be enrolled all persons within the bounds of his command, subject
to military duty, and not already enrolled. And any person so liable
and not enrolled, failing to report to the captain of the company of
the militia in whose bounds he may remove, within ten days there¬
after, shall be fined not less than nor more than , to be
assessed and collected as other militia fines are collected."
Which amendment was agreed to.
On motion of Mr. Garnett, the vote by which the amendment of
Mr. Booker was agreed to was reconsidered.
The question being on agreeing to the amendment of Mr. Booker,
On motion of Mr. Stearns, the bill was recommitted.
A message was received from the senate by Mr. Powell, who in¬
formed the house of delegates that the senate had passed a bill en¬
titled an act authorizing the overseers of the poor of the county of
Charles City to sell the poor house tract of land, or the timber on
said land, for other purposes than the maintenance of the poor, No.
113; in which they requested the concurrence of the house.
A message was received from the senate by Mr. Trout, who in¬
formed the house of delegates that the senate had passed, with an
amendment, house bill entitled an act for the relief of John Stephen¬
son, No. 46; and senate bill entitled an act incorporating the Virginia
insurance company, No. 53; in which amendment and bill they re¬
quested the concurrence of the house.
A message was received from the senate by Mr. Peck, who in¬
formed the house of delegates that the senate had passed a bill en¬
titled an act to incorporate the Arcadia iron works company, No. 103;
in which they requested the concurrence of the house.
On motion of Mr. Gibboney, Rule No. 52 was suspended, and
No. 144, A bill transferring turnpikes to the counties in which
they lie, was taken up, and read a Second time.
Mr. Grattan moved to amend the bill by striking out the 2d and
3d sections; which ivas rejected.
On motion of Mr. Rixey, the bill was amended by inserting in the
first line of 4th section, after the word "state," the words "or in
which the state has an interest."
On motion of Mr. Robertson, the bill was amended by adding after
the first section, as an independent section, the following:
" That whenever any turnpike shall be so conducted, that to levy
tolls upon the public is the main object of the company, without
JOURNAL OF THE- HOUSE OF DELEGATUS.
303
yielding a real corresponding benefit to the public, then the county
courts as aforesaid shall declare such turnpike to be abandoned within
the meaning of this act, and proceed to take possession of the same,
as provided for in section the first of this act."
On motion of Mr. Straughan, the bill was amended by striking out,
in the 4th line, section 1, the word "four," and inserting "eight."
The bill was ordered to be engrossed to be read a third time.
A message was received from the senate by Mr. Gait, who informed
the house_ of delegates that the senate had passed bill entitled an act
to authorize the construction of the bridge, lately burned, across Ri-
vanna river near Charlottesville, No. 112; in which they respectfully
requested the concurrence of the house of delegates.
No. 119, An engrossed bill to amend and re-enact the provisions of
the Code of 1860, and the acts subsequent thereto, in regard to the
public printer and the public printing, returned from the senate with
amendments, came up.
Mr. Clark moved that the bill be passed by; which was rejected.
The following amendments, proposed by the senate, were disagreed
to:
Section 18, line 3, strike out the words "superintendent of public
printing," and insert in lieu thereof the words "printer of the
senate."
Section 7, line 3, strike out the words "or the senate."
Section 7, line 4, strike out the words "the senate or."
Section 8, line 2, strike out the words " senate or."
Section 9, lines 1 and 2, strike out the words "senate or."
Section 9, lines 3 and 4, strike out the words " president of the
sanate or."
Section 9, line 4, strike out the words "as the case may be."
Section 10, line 2, strike out the words "general assembly," and
insert in lieu thereof the words "house of delegates."
Section 13, page 8, strike out the entire section, and insert in lieu
thereof the following:
" The senate may appoint, annually, a printer for that body, who
shall perform' such duties as the- senate may require; for which he
shall be paid at the customary rates of printing for private indi¬
viduals or concerns in the city of Richmond."
Section 14, page 8, strike out the words "and he shall not, during
his continuance in office, be connected with any newspaper or other
printing establishment, in any capacity whatever."
On motions severally made, the votes by which the amendments
were disagreed to„ were not reconsidered.
No. 122, An engrossed bill, to amend and re-enact the 12th section
of chapter 77 of the Code (1860), was read a third time and passed.
No. 138, A bill to incorporate the Virginia loan and trust com¬
pany, was read a second time.
On motion-of Mr. Grattan, the bill was anlended by striking out,
in the 3d and 4th lines of section 3, the words "byballot."
304
JOURNAL OF THE HOUSE OF DELEGATES.
On motion of Mr. G-rattan, the bill was amended by striking out,
in the 12th, 13th, 14th and 15th lines of section 4, the words "and
the said officers and agents shall not, by mere reason of their being
stockholders in said company, be, incapacitated from giving evidence
in any suit to which said company may be a party."
On motion of Mr. Z. Turner, the bill was amended by striking out,
in line 6 of section 5, the words " or in any other property whatsoever."
On motion of Mr. G-rattan, the bill was amended by inserting in
the 3d line of 7th section, after the word "stock," the words "and so
much as shall be due thereon." v
On motion of Mr. Grattan, the bill wus amended by adding at the
end of the 8th section the following: " provided such rate of interest
is not greater than is allowed by law."
On motion of Mr. Grattan, the bill was amended by striking out,
in the 2d and 3d lines of section 13, the words " unless sooner repealed
or modified by the general assembly," and inserting " subject, how¬
ever, to amendment, modification or repeal, at the pleasure of the
general assembly."
Mr. Grattan moved to amend the bill by striking out the preamble;
which was agreed to.
The preamble is as follows:
"Whereas the prostrate condition of the industrial and commercial
interests of Virginia appeal in the strongest terms to this general
assembly to grant such relief as may be obtained by legislation: and
whereas' for that purpose, the accumulation of capital within the
commonwealth is deemed to be of the first and most urgent necessity,
and to that end new inducements must be offered to invite it from
abroad, and to retain and collect it in useful volume, so far as it may
exist among ourselves: and whereas it is believed that such induce¬
ments may be supplied by the creation of joint stock companies au¬
thorized to deal in exchange, bullion and coin, to receive deposits,
and to pay and demand Ruch rates of interest as may be agreed on,
which companies shall not be liable to have their charters altered or
repealed, without their own consent, for a space of time sufficiently
long to enable the corporators to derive the just and reasonable profits
of their adventure: Now, therefore, in order to give effect*to these
views,"—
The bill was ordered to be engrossed to be read a third time.
The Speaker, intending to visit Washington city on business of the
house, requested Mr. F. N. Watkins of the county of Prince Edward
to take the chair during his absence. *
No. 13^, A bill to promote and encourage imrpigration into the
state of Virginia, was read a second tirpe.
On motion of Mr. Herndon, the bill was amended by striking out,
.in the 2d line of section 14, the word "ten," and inserting "five."
Pending the further consideration of the bill,
On motion of Mr. Scott, the house adjourned until to-morrow,
eleven o'clock. -
journal of the house of delegates.
305
FRIDAY, February 9, 1866.
Prayer by Rev. Dr. Hopson of the church of the Disciples.
The journal was read by the clerk.
No. 46, An engrossed bill for the relief of John Stephenson of
Frederick county, returned from the senate with an amendment, was
referred to the committee on finance.
No. 113, A senate bill entitled an act authorizing the overseers of
the poor of the county of Charles City to sell the poor house tract of
land, or the timber on said land, for other purposes than the inaifite-
nance of the poor, was read a first and second times.
On motion of Mr. Martin, Rule No. 44 was suspended (which re¬
quires a reference of the bill to a committee), and the bill was placed
upon the calendar.
The following senate bills were read a first and second times, and
referred to the committee of propositions and grievances:
No. 53, A senate bill entitled an act incorporating the Virginia im¬
migration and land company.
No. 103, A senate bill entitled an act to incorporate the Arcadia
iron works company.
No. 112, A senate bill entitled an act to authorize the construction of
the bridge, lately burned, across the Rivanna river near Charlottesville.
A communication from the senate, by their clerk, was read as- fol-.
lows: ■ '
In senate, February 8, 1866.
The senate have agreed to the amendments proposed by the house
of delegates to senate bills entitled:
An act to incorporate the National mercantile exchange company,
No. 68. ^
An act to incorporate the Virginia and North Carolina land, emi¬
gration and colonization society, No. 17.
And they have passed a bill entitled:
An act to enable the James river manufacturing company to borrow
money, No. 75.
In which bill they respectfully request the concurrence of the house
of delegates. ,
No. 75, A senate bill entitled an act to enable the James river
manufacturing company to borrow money, was read a first and. second
times,'and referred to the committee of propositions and grievances.
The following senate bills, reported from the committee of roads
and internal navigation, were placed on the calendar:
No. 92, A senate bill entitled an act to incorporate the Virginia
and Cumberland gap railroad company.
No. 102, A senate bill entitled an act disposing of the state's in¬
terest in the Virginia and Kentucky railroad on certain conditions.
The following senate bills, reported from the committee of propo¬
sitions and grievances, were placed on the calendar:
39
306
JOURNAL OF THE HOUSE OF DELEGATES.
No. 50, A senate bill entitled an act to incorporate the American
industrial agency.
No. 82, A senate bill entitled an act appropriating money to pay
for repairs to the capitol and governor's house and public square, and
to purchase necessary furniture for governor's house.
No. 93, A senate bill entitled an act to incorporate the Mount
Yernon company.
No. 99, A senate bill entitled an act to incorporate the industrial
mining and manufacturing company.
No. 233, A bill declaring Hyco river to be a lawful fence in the
county of Halifax, reported from the committee on agriculture and
manufactures, was read the first time, and placed on the calendar for
a second reading.
No. 234, A bill to provide for the establishment of a board of me¬
dical examiners, reported from the committee of schools and colleges,
was read the first time, and placed on the calendar for a second
reading.
The following bills, reported from the committee of propositions
and, grievances, were read the first time, and placed on the calendar
for a second reading:
No. 235, A bill to incorporate the friendship fire company of Alex¬
andria.
No. 236, A bill to amend the 3d section of an act entitled an act
to incorporate the Chesterfield gas coal mining .company, passed De¬
cember 21st, 1865.
No. 237, A bill to incorporate the insurance and savings company
of Virginia.
No. 238, A bill to incorporate the Southern fertilizing company.
The following report from the committee of propositions and
grievances was agreed to: *
The committee of propositions and grievances, to whom was refer¬
red a bill to incorporate the Virginia, Atlantic and Ohio railroad
company, have had the same under consideration, and respectfully
ask to be discharged from the further consideration of the subject,
and that the same be referred to the committee of roads and internal
navigation.
The following report from the committee of schools and colleges
was agreed to:
The committee of schools and colleges have, according to order,
had under consideration the resolution referred to them, enquiring
into the expediency of discontinuing the annuity to the Virginia
military institute, and ask to be discharged from the further conside¬
ration of the same.
On motions severally made, leave of absence was granted Messrs.
Davis and Owen.
Mr. Graham submitted joint resolutions in relation to an act enti¬
tled an act to amend and re-enact the act entitled an act to incorpo¬
rate the Virginia canal company, &c., passed February 3d, 1866.
The question being on the reference of the joint resolutions to a
committee, was put, and decided in the negative.
JOURNAL OF THE HOUSE OF DELEGATES.
307
The resolutions were read a first time, and placed on the calendar
or a second reading.
No. 66, A senate bill entitled an act tto incorporate the Virginia
md North Carolina accident insurance company (heretofore laid upon
;he table), was, on motion of Mr. Wood, taken up, and placed on
;he calendar.
The following papers were presented and referred, under Rule 37:
By Mr. Garnett:
A bill to amend and re-enact the 33d and 34th sections of chapter
19 of the Code of 1860; which was referred to the committee for
jourts of justice.
By Mr. Evans:
A bill in regard to commissioners of the revenue; which was re¬
ferred to the committee for courts of justice.
By Mr. Wilson:
A bill changing the charter of the city of Lynchburg; which was
referred to the committee of propositions and grievances.
By Mr. Hansbrough:
A memorial of the board of school commissioners of King George
county; which was referred to the committee of schools and colleges.
By Mr. Purdy:
A bill providing for renting the shallows suitable for planting oys¬
ters; which was referred to the committee on oysters.
By Mr. Purdy:
A bill for publishing the laws in. the newspapers; which was re¬
ferred to the committee for courts of justice.
By Mr. Straughan:
Joint resolution instructing the Hon. J. C. Underwood to resign
his seat in the United States senate; which was referred to the com¬
mittee for courts of justice.
By Mr. Purdy:
Resolved, That the committee on finance enquire into the expe¬
diency of authorizing the treasurer of the commonwealth to issue to
the holders of state bonds certificates of indebtedness for the amount
of six months' interest, and of allowing such certificates to be re¬
ceived in payment of taxes to the commonwealth.
By Mr. Dunnington:
Resolved, That the select committee on immigration be instructed
to enquire into the expediency of providing by law for the protection
of the commonwealth from the importation of paupers.
By Mr. Evans:
A bill to extend the limits of the city of Richmond; which was
referred to the committee of propositions and grievances.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
The motion of Mr. Wilson to reconsider the vote by which a bill to
stay the collection of debts for a limited period, No. 140, was ordered
to be engrossed to be read a third time, came up.
308
JOURNAL OF THE HOUSE OF DELEGATES.
The question being on agreeing to the motion, was put, and decided
in the affirmative.
On motion of Mr. Graham, Rule No. 52 was suspended, and
No. 239, Joint resolutions in relation to an act entitled an act to
amend and re-enact the act entitled an act to incorporate the Virgi¬
nia canal company, &c., passed February 3d, 1866, were taken up,
read a second time, and on motion of Mr. Graham (two-thirds of the
members elect concurring), ordered to be engrossed to be read a third
time.
The joint resolutions being forthwith engrossed, on motion of Mr.
Graham, Rule No. 52 was suspended, and the joint resolutions were
taken up, and (two-thirds of the members elect concurring), read a
third time and passed—ayes 69.
The vote was recorded as' follows:
Ayes—Messrs. Atkinson, Baylor, Booker, Brown, Browning, Cabell, Childress, Davis,
Davidson, Deskins, Dickenson, Dunnington, Ellis, Evans, Fields, Garnett, Gibboney, Gra¬
ham, Graves, Gray, Hancock, Harris, Hansbrough, Hardy, Harnsberger, Herndcra,
Holmes, Hurst, Jackson, Jones, Kellam, Kendrick, Kilby, Mann, Martin, Ma gill, Merritt,
Moore, Morgan, Newberry, Owen, Parsons, Pate, Patterson, Peed, Riggs, Rixey, Robert¬
son, Scott, Stearns, Straughan, Strayer, J. McDowell Taylor, Teeter, Thompson, Townes,
Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz, Wood,
Woodson, Wooldridge and Word—69. " _
Mr. Evans moved a reconsideration of the vote by which the joint
resolutions were passed; which was rejected.
Ordered, That Mr. Evans carry the same to the senate, and request
their concurrence.
On motion of Mr. Garnett, Rule No. 52 was suspended, and
No. 140, A bill to stay the collection of debts for a.limited period,
was taken up.
Mr. Wilson moved to recommit the bill; which was rejected.
Mr. Garnett moved to amend the bill by striking out, in 19th and
20th lines of section 2, the words " as if this act or any other act
staying the collection of debts had never been passed/' and inserting
" and the plaintiff may recover the same, by motion, on sixty days'
-notice, before any justice of the peace or any court of record having
jurisdiction thereof."
Mr. Rixey moved to amend the amendment by striking out, in the
words proposed to be inserted, the word " sixty," and < inserting
"eighty;" which was rejected.
Mr. Scott moved to amend the amendment by striking out, in the
words proposed to be inserted, the word "sixty," and inserting
"ninety;" which was agreed to.
The amendment, as amended, was agreed to.
Mr. Steams moved to amend the bill by inserting, as an indepen¬
dent section, to come in after the 11th section, the following:
"And be it further enacted, That the creditor may give his debtor
thirty days' notice of his desire to purchase any parcel or parcels of
land or other property belonging to said debtor, other than his dwell¬
ing house, if in a city or town, and if in the country, three hundred
JOURNAL OF THE HOUSE OF DELEGATES.
309
acres of land, with the dwelling and buildings thereon, and all stock
and agricultural implements. Said creditor may then apply to the
county court of said county to appoint three commissioners to ap¬
praise such property, on the basis of its supposed value in 1860, if
sold on a credit of six, twelve and eighteen months, with lawful inte¬
rest thereon. Said commissioners shall be paid for such services five
dollars per day by the creditors. It shall be the duty of such com¬
missioners to report to the county court their proceedings, at the first
monthly term thereafter, and the court shall order a deed of convey¬
ance to be made to such creditor, on his showing, to the satisfaction
of the court, that he has a just claim on such debtor for at least
eighty per cent, of the value of such property as has been appraised,
and that he is prepared to pay any balance in cash 011 receipt of such
deed. In case the property so appraised should not pay the whole
debt, then the amount shall be a credit to said debtor."
Mr. Harris moved the pending question, but the house refused to
order the main question.
The amendment of Mr. Stearns was rejected.
Mr. Z. Turner moved to amend the bill by striking out, in the 7th
line of 2d section, the words "one-half," and inserting "one-fourth;"
which was rejected.
Mr. Z. Turner moved a reconsideration of the vote by which the
amendment of Mr. Lee was agreed to.
The amendment is as follows: Add, after the word "court,'" in the
57th line of section'3, the words "provided, that all judgments ob¬
tained between the passage of this act and the first day of January
eighteen hundred and sixty-eight, shall operate as liens upon the pro¬
perty of debtors ratably."
The motion of Mr. Z. Turner was agreed to.
The question being on agreeing to the amendment of Mr. Lee, was
put, and decided in the negative.
On motion of Mr. Garrett, the bill was amended by striking out,
in the 1st line of 3d section, the words "the foregoing section." and
inserting the words "this act."
Mr. Wood moved a reconsideration of the vote by which the amend¬
ment of Mr. Owen was agreed to.
The amendment is.as follows: Insert, in the 9th and 10th lines of
section 3, after the word "corporation," the words "or in which any
railroad or other internal improvement company may be liable."
Mr. Riggs moved the previous question; -and the main question was
ordered.
The motion of Mr. Wood was rejected.
The bill was ordered to be engrossed to be read a third time.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate insist on their amend¬
ments to house bill entitled an act to amend and re-enact the provi¬
sions of the Code of 1880, and the acts subsequent thereto, in regard
to the public printer and the public printing, Ho. 119.
310
JOURNAL OF THE HOUSE OF DELEGATES.
A message was received from the senate by Mr. Gait, who informed
the house of delegates that the senate had passed house joint resolu¬
tions in relation to an act entitled an act to amend and re-enact the
act entitled an act to incorporate the Virginia canal company, &c.,
passed February 3d, 1866, No. 239.
A message was received from the senate by Mr. Boiling, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to amend and re-enaet the 4th section of chapter 141 of
the Code of Virginia (edition of 1860), No. 22.
A message was received from the senate by Mr. Mitchell, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act requiring the banks of this commonwealth to go into
liquidation, No. 80, with an amendment; in which amendment they
respectfully requested the concurrence of the house of delegates.
The unfinished business of yesterday, which is
No. 139, A bill to promote and encourage immigration into the
state of Virginia, came up.
Mr. Owen moved that the bill be passed by; which was rejected.
On motion of Mr. Woodson, the bill was amended by adding, in
the 2d line of section 4, after the word " Richmond," the words " or
elsewhere in the state of Virginia."
On motion of Mr. Hansbrough, the bill was passed by.
A message was received from the senate by Mr. Coleman, who in¬
formed the house of delegates that the senate had passed a bill en¬
titled an act to authorize a special police to search for stolen pro¬
perty, No. 42; in which they respectfully requested the concurrence
of the house of delegates.
The following senate bills were read a third time and passed:
No. 70, A senate bill entitled an act to revive the charter of the
Keswick coal mining company, and to amend the same.
No. 93, A senate bill entitled an act to incorporate the Mount
Vernon company.
No. 99, A senate bill entitled an act to incorporate the industrial
mining and'manufacturing company.
No. 82, A senate bill entitled an act appropriating money to pay
for repairs to the capitol and governor's house and public square, and
to purchase necessary furniture for governor's house—ayes 59; noes 9.
The vote was recorded as follows:
Ayes—Messrs. Atkinson, Baylor, Booker, Brown, Browning, Cabell, Childress, Davis,
Davidson, Deskins, Dickenson, Ellis, Evans, Fields, Garnett, Gibboney, Graves, Hancock,
Harris, Hansbrough, Hardy, Harnsberger, Herndon, Holmes, Jones, Kendrick, Kilby,
Langhorne, Mann, Martin, McDonald, Magill, Merritt, Morgan, Morris, Newberry, Owen,
Parsons, Patterson, Purdy, Rixey, Robertson, Scott, Straughan, Straver, J. McDowell
Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W. A* Turner, Waddell,
Watkins, White, Wilson, Woltz, Wood, Woodson, Wooldridge and Word 59.
Noes—Messrs. Dunnington, Graham, Jackson, Kellam, Moore, Pate, Riggs, Stearns
-and Z. Turner—9.
No. 92, A senate bill entitled an act to incorporate the Virginia and
Cumberland gap railroad company, was read a third time and passed.
journal of the house of delegates.
311
_ Mr. Dickenson moved a reconsideration of the vote "by which senate
hill No. 92 wras passed; which was rejected.
Ordered, That Mr. Dickenson inform the senate of the passage of
the bill.
^ Mr. Ellis moved a reconsideration of the vote by which an engrossed
bill to amend and re-enact and repeal certain sections of the Code of
Virginia in relation to pilots, No. 123, was passed; which was re¬
jected.
Ordered, That Mr. Ellis carry the hill to the senate, and request
their concurrence.
No. 65, A senate hill entitled an act to incorporate the Cosmos
warehouse and exchange company, was, on motion of Mr. E. Turner,
passed by.
Mr. White moved to suspend Rule No. 52, in order to enable him
to move to take up, out of its order on the calendar,
No. 225, A bill to incorporate the American immigration and land
company; which was rejected.
No. 50, A senate bill entitled an act to incorporate the American
industrial agency, was, on motion of Mr. Garnett, passed by.
No. 102, A senate hill entitled an act disposing of the state's in¬
terest in the Virginia and Kentucky railroad on certain conditions,
came up.
On motion of Mr. Garnett, the hill was passed by.
On motion of Mr. Hansbrough, the house adjourned until to¬
morrow, eleven o'clock.
SATURDAY, February\10, 1866.
The journal faas read by the clerk.
No. 119, An engrossed hill to amend and re-enact the provisions of
the Code of 1860, and the acts subsequent thereto, in regard to the
public printer and the public printing, returned from the senate, was
placed on the calendar (the rule which requires a reference of the bill
to a committee being suspended).
No. 80, An engrossed bill requiring the banks of this common¬
wealth to go into liquidation, returned from the senate with an amend¬
ment, was referred to the committee on banks.
The following senate bills were read a first and second times, and
refeyred to the committee for courts of justice:
No. 22, A senate bill entitled an act to amend and re-enact the 4th
section of chapter 141 of the Code of Virginia (edition of I860).
No. 42, A senate bill entitled an act to authorize a special police to
search for stolen property.
The following senate bills, reported from the committee of propo¬
sitions and grievances, were placed on the calendar:
312
JOUKNAL OF THE HOUSE OF DELEGATES.
No. 53, .A senate bill entitled an act incorporating the Virginia
immigration and land company.
No. 75, A senate bill entitled an act to enable the James river
manufacturing company to borrow money.
No. 61, A senate bill entitled an act to incorporate the Norfolk and
St. Nazaire express company of America and Europe.
No. 87, A senate bill entitled an act to incorporate tbe Virginia
Valley iron and manufacturing company.
No. 98, A senate bill entitled an act to amend the charter of the
Midlothian coal mining company.
No. 103, A senate bill entitled an act to incorporate the Arcadia
iron works company.
The following bills, reported from the committee of propositions
and grievances, were read the first time, and placed en the calendar
for a second reading:
No. 240, A bill to incorporate the life insurance company of the
state of Virginia.
No. 241, A bill repealing, amending and re-enacting the 1st and 2d
sections of chapter 62 of the Code of 1860, in relation to waste and
unappropriated lands.
No. 242, A bill to authorize a poll to be taken in King & Queen
county to ascertain the sense of the people of said county on the
question of the removal of the site of the seat of justice of said county,
and for other purposes connected therewith.
No. 243, A bill to amend and re-enact the 10th section of the act
entitled an act to incorporate the Lynchburg fire, life and marine in¬
surance company.
No. 244, A bill changing the charter of the city of Lynchburg.
No. 245, A bill to extend the limits of the city of Kichmond..
The following reports from the committee of propositions and
grievances were agreed to: ~
The committee of propositions and grievances-have, according to
order, had under consideration a resolution to enquire into the expe¬
diency of dispensing with the services of a horticulturist at the gov¬
ernor's house, &c., and beg leave to report, that they deem it inexpe¬
dient to legislate on the subject, and respectfully ask to be discharged
from further consideration of the same.
The committee of propositions and grievances have, according to
order, had under consideration a resolution to enquire into the expe¬
diency of requiring the railroad companies of this state to receive the
coupons due on their bonds, in payment of freight and fares on said
roads, and beg leaye to report, that they deem it inexpedient to legis¬
late on the subject, and respectfully ask to be discharged from the
further consideration of the same.
No. 136, A bill to reorganize the militia (heretofore recommitted)
was reported back from the committee on military affairs, with an
amendment in the nature of a substitute, and placed on the calendar.
The following bills, reported from the committee for courts of jus-
JOURNAL OF THE HOUSE OF DELEGATES. 31$
tice, were read the first time, and placed on the calendar for a second
reading:
No. 246, A hill to amend and re-enact the 33d and 34th sections
of chapter 49 of the Code of I860.
No. 247, A hill to amend and re-enact the 6th section, chapter 151
of the Code, relating to attachments.
No. 248, A bill in regard to commissioners of the revenue.
The following report from the committee for courts of justice was
agreed to:
The committee for courts of justice have, according to order, had
under consideration a resolution enquiring into the expediency of al¬
tering the 127th chapter of the Code, so as to relieve guardians from
paying or demanding compound interest, and beg leave to report, that
they deem it inexpedient to legislate on the subject, and respectfully
ask to be relieved from the further consideration of the same.
A communication from the senate, by their clerk, was read as
follows:
In senate, February 9, 1866.
The senate have agreed to the amendments proposed by the house
of delegates to senate bills entitled:
An act to amend and re-enact the 4th section of chapter 190 of
the Code of Virginia for 1860, in relation to offences against the
sovereignty of the state, No. 32.
An act to amend and re-enact the 15th and 16tli sections of chap¬
ter 190 of the Code of Virginia for 1860, in relation to rape and
abduction, No. 33.
They have passed bills entitled:
An act to enable the owners of land permanently injured by de¬
vastations of the late war, to obtain a reassessment of such lands,
No. 79. ' '
An act declaring the standard of a cord measure, No. 114.
In which bills they respectfully request the concurrence of the
house of delegates.
No. 114, A senate bill entitled an act declaring the standard of a
cord measure, was read a first and second times, and referred to the
committee on agriculture and manufactures.
No. 79, A senate bill entitled an act to enable the owners of land
permanently injured by the devastations of the late war, to obtain a
reassessment of such lands, was read a first and second times, and
referred to the committee on finance.
Mr. Booker offered the following resolution:
Resolved, That hereafter no member shall be allowed to speak
longer than fifteen minutes on any one subject, unless by the consent
of the house.
On motion of Mr. Booker, the resolution was postponed until
Monday, *
' Oh motions severally made, leave of absence was granted Messrs.
Martin and Braxton.
49
314
JOURNAL OF THE HOUSE OF DELEGATES.
The following papers were presented and referred, under Rule 37:
By Mr. Wilson:
A bill to incorporate the Virginia industrial association; referred
to the committee of propositions and grievances.
By Mr. Hancock:
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of incorporating the Manchester building
fund association.
By Mr. Scott:
Resolved, That the committee of roads and internal navigation
be instructed to enquire into the expediency of requiring all railroad
companies in this state not to exceed the rate of two cents per ton
per mile for the transportation of plaster, lime and other fertilizers.
By Mr. Stearns:
A bill to incorporate the planters loan association;, referred to the
committee of propositions and grievances.
By Mr. Word:
Proceedings of a meeting in Botetourt county, in relation to the
Valley railroad; referred to the committee of roads and internal
navigation.
A message was received from the governor of the commonwealth,
in relation to the Lynchburg and Danville and Valley railroads;
which was referred to the committee of roads and internal navigation.
Tlie morning hour having expired, the house proceeded with busi¬
ness on the calendar.
No. 119, An engrossed bill to amend and re-enact the provisions
of the Code of 1860, and the acts subsequent thereto, in regard to
the public printer and the public printing, came up.
The house insisted upon their disagreement to the amendments
proposed by the senate, and asked for a committee of conference.
Mr. Word moved a reconsideration of the vote by which the house
insisted upon their disagreement to the amendments proposed by the
senate, and the vote by which the house asked for a committee of
conference; which was rejected.
Ordered, That Mr. Word inform the senate of the action of the
house.
No. 139, A bill to promote and encourage immigration into the
state of Virginia (being the unfinished business of yesterday), came
up.
On motion of Mr. Atkinson, the bill was passed by.
No. 65, A senate bill entitled an act to incorporate the Cosmos
warehouse and exchange company, came up, and on motion of Mr.
Z. Turner, was passed by.
No. 50, A senate bill entitled an act to incorporate the American
industrial agency, came up, and on motion of Mr. Dunnington, was
passed by.
No. 102, A senate bill entitled an act disposing of th.e state's inte¬
rest in the Virginia and Kentucky railroad on certain conditions,
came upland on motion of Mr. Evans, was passed by.
JOURNAL OP THE HOUSE OF DELEGATES.
S15
No. 113, A seriate bill entitled an act authorizing the overseers of
the poor of the county of Charles City to sell the poor house tract of
land, or the timber on said land, for other purposes than the mainte¬
nance of the poor, was read a third time and passed.
Mr. Smith, moved a reconsideration of the vote by which the bill
was passed; which was rejected.
Ordered, That- Mr. Smith carry the bill to the senate, and request
their concurrence.
No.^ 66. A senate bill entitled an act to incorporate the Virginia
and North Carolina accident insurance company, came up.
The amendment of the committee of propositions and grievances
was agreed to as follows:
In 4th section, 2d line, after the word "stocks," insert the follow¬
ing: "provided they shall not acquire or hold at any cne time more
than ten thousand acres of land."
The bill was read a third time and passed.
No. 61, A senate bill entitled an act to incorporate the Norfolk
and St. Nazaire express company of America and Europe, came up.
On motion of Mr. Ellis, the bill was amended by inserting, in the
4th line of 1st section, after "Pechin," the following: "William
Mahone, George Blow, jr., John B. Whitehead, Charles Sharp, James
Dunlop, William B. Isaacs, John Purcell, William Beers, James L.
Apperson, Marshall Parks."
The bill was ordered to be read a third time.
On motion of Mr. Z. Turner, the bill was passed by.
No. 53, A senate bill entitled an act incorporating the Virginia
immigration and land company, was read a third time and passed.
On motion-of Mr. Z. Turner, Bule No. 52 was suspended, and
No. 128, An engrossed bill to require payment of premiums upon
charters, was taken up.
■ Mr. Woodson moved that the bill be passed by; which was rejected.
Mr. Booker moved a reconsideration of the vote by which the house
refused to pass by the bill; which was rejected. t
Mr. Woodson moved the previous question, and the main question
was ordered.
The question being on the passage of the bill, was put, and decided
in the negative—ayes 46; noes 25.
The vote was recorded as follows:
Ayes—Messrs. Atkinson, Booker, Bowles, Brown, Browning, Davison, Deskins, Evans,
Fields, Garnett, G:bboi;ey, Graves, Gray, Harris, Hansbrough, Harnsberger, Herndon,
Holmes, Jackson, Jones, Langhorne, Lee, Magill, Merritt, Morgan, Morris, Pate, Patter¬
son Purdy R'cro-s Rixey, Sea well, Smith, Stearns, Straughan, W. F. B. Taylor, Thomp¬
son Towne's z!Turner, Wall, Watkins, White, Wilson, Woltz, Wooldridge and Word—46.
Noes Messrs. Baylor, Cabell, Childress, Davidson, Dickenson, Dunnington, Ellis, Han¬
cock, Kellam, Kendrick, Kilby, Mann, McDonald, Moore, Newberry Parsons Robertson,
Scott, Strayer, J. McDowell Taylor, Teeter, W. A. Turner, Waddell, Wood and Wood¬
son—25.
Kesolved, That the bill be rejected.
Mr. Waddell moved a reconsideration of the vote by which the bill
was rejected; which was agreed to.
316: journal op the house op delegates.
The question recurring on the passage of the bill,
On motion of Mr. Lee, the bill was passed by.
No. 7.1, A senate bill entitled an act to enable the James river man¬
ufacturing company to borrow money, was read a third time and
passed.
Mr. Evans moved a reconsideration of the vote by which the hill
was passed; which was rejected.
Ordered, That Mr. Evans inform the senate of the passage of the hill.
The following senate bills were read a third time and passed:
No. 87, A senate bill entitled an act to incorporate the Virginia
Valley iron and manufacturing company.
No. 98, A senate bill entitled an act to amend the charter of the
Midlothian coal mining company.
No. 103, A senate bill entitled an act to incorporate the Arcadia
iron works company.
No. 140, An engrossed bill to stay the collection of debts for a
limited period, came up.
On motion of Mr. Merritt, the bill was passed by.
No. 126, An engrossed bill for the relief of the Winchester and
Potomac railroad company, came up.
On motion of Mr. Wall, the bill was passed by.
The following engrossed bills were read a third time and passed:
No. 115, An engrossed bill to require the railroad companies of
Virginia to have their ticket offices and cars open one hour before the
departure of every passenger train.
No. 132, An engrossed bill to repeal certain parts of the act of
May 14th, 1862, and to prescribe oaths to be taken in certain cases.
No. 133, An engrossed bill incorporating the Bath iron mining and
manufacturing company in the counties of Bath and Alleghany.
No. 134, An engrossed bill to incorporate the Mt. Crawford toll
bridge company in the county of Rockingham.
No. 135, An engrossed bill to repeal an act exempting certain
white males from working on the highways of King George and
Stafford.
No. 138, An engrossed bill to incorporate the Virginia loan and
trust company.
No. 144, An engrossed bill transferring turnpikes to the counties
in which they lie, came up.
On motion of Mr. Gibboney, the bill was passed by.
On motions severally made, the following bills were passed by:
No. 87, A bill compensating Allen Bacon for services as jailor.*
No. 141, A bill for the relief of the incorporated colleges and other
seminaries of learning of the state.
No. 142, A bill making appropriation to the university of Virginia.
No. 145, A bill to extend the charter of the James liver and Ka¬
nawha company.
Nos. 146, 167, Joint resolutions in regard to the restoration of
the state of Virginia to her former boundaries, and the adjustment
between Virginia and West Virginia, of the public debt, .
JOURNAL OF THE HOUSE OF DELEGATES.
317"
No. 152, A bill to incorporate the Valley railroad company. ■
No. 158, Joint resolution in relation to a settlement with West
Virginia.
No. 160, A bill transferring, &c. to Alexandria the interest of the
commonwealth in the Alexandria canal.
No. 161, A bill tp revive and re-enact and amend the charter of
the Pittsylvania railroad company.
No. 166, A bill authorizing the increase of the capital stock of the
Virginia and Tennessee railroad company.
No. 176, A bill to amend and re-enact an act to incorporate the
American agency, passed March 29, 1861.
No. 186', A bill authorizing the increase of the capital stock of the
Virginia and Tennessee railroad company.
No. 191, A bill to authorize the reconstruction of the bridge, lately
-burned, across the Rivanna river near Charlottesville, Virginia.
No. 164, A bill to incorporate the planters loan association, came
UP'
On motion of Mr. Wilson, bill No. 164 was recommitted.
No. 136, A bill to reorganize the militia, was read a second time.
The amendment (in the nature of a substitute) of the committee
on military affairs was agreed to.
The bill, as amended, was ordered to be engrossed to be read a
third time.
Mr. Dickenson moved to suspend Rule No. 52, to take up, out of
its order on the calendar,
No. 231, A bill for the relief of Dempsey Nash, clerk elect of the
circuit court of the city of Portsmouth, and James J. Henritzie,
clerk elect of the circuit court of Russell county; which motion was
rejected.
The following bills were read a second time, and ordered to be en¬
grossed to bo read a third time:
No. 143, A bill to authorize the county courts of King George
and Stafford to borrow money for educational purposes.
No. 147, A bill to incorporate the Virginia steam sugar refining
company.
No. 148, A bill to amend and re-enact the 1st paragraph of the
36th section of chapter 88 of the Code of 1860.
No. 149, A bill to incorporate the Union car works manufacturing
company.
No. 150, Joint resolution in relation to the charter of the city of
Williamsburg.
No. 153, A bill declaring Neabsco and Powell's creeks lawful fences.
No. 155, A bill charging upon the public treasury certain allow¬
ances heretofore authorized to be made out of the library xunu.
No. 157, A bill for the relief of Joseph Padgett, late constable of
Alexandria county. .
No. 162, A bill to repeal the 12th section of chapter 20th of the
Code of Virginia (edition 1860). > x
No. 163, A bill to amend and re-enact section 13 of chapter 14 of
318
JOURNAL OF THE HOUSE OF DELEGATES.
the Code (edition of 1860), as amended and re-enacted by an act en¬
titled an act to amend and re-enact the 13th and 14th sections of
chapter 14 of the Code of Virginia (I860), passed 15th December
1865.
No. 165, A hill to incorporate the planters savings bank of
Farmville.
No. 170, A bill requiring the superintendent of the penitentiary
to keep a record of conduct of prisoners.
No. 172, A bill to incorporate the Prince William mining and
manufacturing company.
No. 174, A bill for relief of John G. Miller, late sheriff of Frede¬
rick county.
No. 175, A bill to enable the common council of Charlottesville to
erect water works.
No. 178, A bill to incorporate the Pound gap bridge company.
No. 179, A bill to incorporate the Brush mountain miuing and
transportation company.
No. 189, Joint resolutions in relation to the sale of paper in the
library.
No. 181, A bill to incorporate the Old Dominion porcelain and
glass company.
No. 182, A bill declaring the James river and Kanawha canal a
lawful fence within the limits of the counties of Albemarle and
Fluvanna.
No. 183, A bill to amend and re-enact sections 13 and 14 of chap¬
ter 176 of the Code of 1860.
No. 185j A bill to amend and re-enact the 3d section of chapter 57
of the Code of Virginia.
No. 190, A bill authorizing the appointment of commissioners to
devise a system of popular education.
Mr. Stearns moved that the house do now adjourn; which was
rejected.
No. 192, A bill to amend and re-enact the 2d section of chapter 82
of the Code of Virginia.
No. 194, A bill to incorporate the sun fire company of the city of
Alexandria.
No. 195, A bill to incorporate the Valley mining, exploring and
manufacturing company.
No. 196, A bill to incorporate the Hampton steamboat company.
No. 197, A bilk to incorporate the North Carolina transportation
company.
■ Mr. Smith moved that the house do now adjourn; which was
rejected.
No. 198, A bill to incorporate the great southern inland naviga¬
tion company.
No. 199, A bill to amend and re-enact sections 4 and 5 of chapter
110 of the Code.
No. 200, A bill to provide for including the value of stamps in the
taxation of costs.
JOURNAL OP THE HOUSE OF DELEGATES.
SID
No. 201, A "bill to provide for the abatement of process in certain
cases.
No. 203, A hill amending and re-enacting section 3, chapter 124
of the Code. _ ■
No. 154, A hill to authorize the lihrarian to prosecute for lost or
mutilated books, was read a second time.
On motion, the hill was amended by adding at the end, as an inde¬
pendent section, the following:
"This act shall be in force from its passage."
The bill was then ordered to be engrossed to be read a third time.
No. 156, A bill to prevent and punish unlawful hunting, was read
a second time.
On motion of Mr. Dickenson, the bill was amended by adding at
the end of the second section the following: "in all the counties in
which the county courts adopt the first section of this act."
The bill was ordered to be engrossed to be read a third time.
No. 159, A. bill for relief of J. Sangster, was read a second time.
On motion of Mr. Robertson, the bill was amended by adding at
the end, as an independent section, the following:
"This act shall be in force from its passage."
The bill was ordered to be engrossed to be read a third time.
No. 168, A bill amending and re-enacting the 13th section of
chapter 157 of the Code of 1860, so as to create the office of judge
of the- court of hustings for the city of Portsmouth, was read a
second time.
On motion of Mr. Langhorne, the bill was amended by striking
out, in the 2d and 3d lines of 2d section, the words " except the
month of August."
The bill was ordered to be engrossed to be read a third time.
No. 173, A bill- authorizing the board of public works to sell the
state's interest in the Potomac bridge company, was read a second time.
On motion of Mr. Evans, the bill was amended by adding at the
end, as an independent section, the following:
" This act shall be in force from its passage."
The bill was ordered to be engrossed to be read a third time.
Mr. Booker moved that the house do now adjourn; which was
rejected. -
No. 202, A bill to amend and re-enact chapter 180 of the Code of
1860, was read a second time.
On motion of Mr. Evans, the bill was amended by adding at the
end of the 1st section the following: " And no certified copy of any
deed, will, account or other original paper required by law to be re¬
corded in any county or corporation court, shall be used by any party
as evidence for him in any case where the original deed, will or ac¬
count, or other original paper, or the record thereof, has been de¬
stroyed, until such copy has been admitted to record in the place of
the destroyed originals."
The bill was ordered to be engrossed to be read a third time.
On motion of Mr. Waddell, the house adjourned until Monday,
eleven o'clock.
320
journal of the house of delegates.
MONDAY, February 12, 1866.
Prayer by Rev. Dr. J. E. Edwards of tbe Metbodist Episcopal
church.
The journal was read by the clerk.
No. 80, An engrossed bill requiring the banks of this common¬
wealth to go into liquidation (heretofore returned from the senate
with an amendment and referred), was reported from the committee
on banks, and placed on the calendar.
1 A communication from the senate, by their clerk, was read as
follows:
In senatey February 10, 1866.
The senate have passed house bills entitled:
An act to amend and re-enact section 11 of chapter 192 of the
Code, No. 110.
An act extending the charter of the Fredericksburg and Gordons-
ville railroad company, No. 177.
An act to provide a high constable for the city of Portsmouth,
No. 169.
An act amending and re-enacting the act of July 25th, 1861,
amending and re-enacting 1st section of chapter 150 of the Code of
1860, No. 90.
An act to incorporate the Richmond academy of medicine, No. 117.
An act to authorize the sale of the Roanoake valley railroad under
certain conditions, No. 137.
And the senate have agreed to the resolution from the house of
delegates requesting a committee of conference to consider the sub¬
jects of disagreement between the two houses in relation to the bill
to amend and re-enact the provisions of the Code of 1860, and tho
acts subsequent thereto, in regard to the public printer and the public
printing, No. 119.
And they have passed a bill entitled:
An act for the relief of the incorporated colleges and other semi¬
naries of learning of the state, No. 101.
In which bill they respectfully request the concurrence of the
house of delegates.
No. 101, A senate, bill entitled an act for the relief of the incorpo¬
rated colleges and other seminaries of learning of .the state, was read
a first and second times, and referred to the committee of schools and
colleges.
No. 112, A senate bill entitled an act to authorize the construc¬
tion of the bridge, lat,ely burned, across the Rivanna river near Char¬
lottesville, reported from the committee of roads and internal navi¬
gation, Was placed on the calendar.
No. 97, A senate bill entitled an act to authorize the county court
of Fail fax in certain cases to remit taxes due to the state, reported
from the committee on finance, with a recommendation that it do
Hot pass, was placed on the calendar.
JOUBNAL OP THE HOUSE OP DELEGATES.
321
No. 46, An engrossed bill for the relief of John Stephenson of
Frederick county, reported from the committee on finance, with the
recommendation that it be referred to the committee for courts of
justice, was so referred.
No. 79, A senate bill entitled an act to enable the owners of land
permanently injured by the devastations of the late war, to obtain a
reassessment of such lands, reported from the committee on finance,
with the recommendation that it do not pass, was placed upon the
calendar.
No. 249, A bill incorporating the Manchester union building
fund association, reported from the committee of propositions and
grievances, was read the first time, and placed on the calendar for a
second reading.
No, 164, A bill to incorporate the planters loan association, re¬
committed to the committee of propositions and grievances, was
reported back, with an amendment in the nature of a substitute, and
placed upon the calendar.
,The following resolution, offered by Mr. Booker on Saturday, came
up, and was referred to the committee on rules:
Resolved, That hereafter no member shall be allowed to speak
longer than fifteen minutes on any one subject, unless by the consent
of the house.
The following papers were presented and referred, under Rule 37:
By Mr. Booker:
A bill in regard to the printing of acts of private incorporations;
which was referred to the committee of propositions and grievances.
By Mr. Evans:
A bill to incorporate the Virginia savings bank; which was referred
to the committee of propositions and grievances.
By Mr. Teeter:
A petition of citizens of Washington county, in relation to the
Virginia and Kentucky railroad; which was referred to the committee
of roads and internal navigation.
By Mr. Straughan:
Resolved, That the committee on banks be- instructed to enquire
how many officers and' clerks have been employed or retained by the
various banks of this commonwealth in which the state is a stock¬
holder or otherwise interested, since the 9th day of April 1865, and
what compensation or salary has been paid to said officers and clerks,
and what duties have been performed by them since the 9th day of
April 1865.
By Mr. Kellam:
Resolved, That the committee of propositions and_ grievances be
instructed to enquire into the expediency of authorizing John B.
Smith of the county of Accomack to make an entry and obtain a
grant for Gargathia beach, or any part thereof, in said county, on the
terms provided by law.
By Mr. Scott: . -
Resolved, That the committee on finance enquire into the expe-
41
322
JOURNAL OF THE HOUSE OF DELEGATES.
diency of authorizing the county courts of this commonwealth to
provide in the county levy for the payment of persons associated with
the agent of the freedmen's bureau in the settlement of all accounts
in which freedmen are interested.
By Mr. Word:
Resolved, That the committee on agriculture and manufactures be
instructed to enquire into the expediency of abolishing the inspection
of lime.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
No. 80, An engrossed bill requiring the banks of this common¬
wealth to go into liquidation, came up.
The following amendment, proposed by the senate, was agreed
to—ayes 62; noes 11:
Strike out all of the 2d section, after the word "act," in the 13th
line thereof, and insert the following (in lieu of the words proposed
to be stricken out), as an independent section:
" 3. Be it further enacted, That it shall be the duty of the banks
of this commonwealth, or the legal representative or representatives
of such banks, on the first day of April next, and quarterly there¬
after, until final liquidation, to publish in some public newspaper of
the state, nearest the location of such bank or banks, a statement,
under oath, of their condition, and to make distribution of the assets
on hand at the end of each quarter, according to the provisions of the
first section of this act, so far as the same can be done consistently
with the interests of all the creditors of said banks: provided, that
nothing in this act contained shall be so construed as to compel the
president and directors of any bank of this commonwealth, or the
trustee or trustees in any deed of conveyance, made by the president
and directors of any bank, as provided for in the first or second sec¬
tion of this act, to make a final distribution of the proceeds of the
assets of such bank, at any period before three years next succeeding
the passage of this act."
The vote was recorded as follows:
Ayes—Messrs. Atkinson, Baylor, Bekem, Booker, Bowles, Braxton, Brown, Browning,
Cabell, Davison, Davidson, Deskins, Dickenson, Ellis, Evans, Fields, Gibboney, Graham,
Grattan, Graves, Gray, Hancock, Harris, Hansbrough, Harnsberger, Herndon, Holmes,
Jackson, Joynes, Kellam, Kendrick, Kilby, Mann, McDonald, Magill, Merritt, Moore,
Morgan, Morris, Newberry, Parsons, Pate, Pendleton, Purdy, Riggs, Smith, Straughan,
Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, Z.
Turner, Wall, Watkins, Woltz, WoodSon, Wooldridge, Word and Wyatt—62.
Noes—Messrs. Baldwin (speaker), Dunnington, Hurst, Lee, Marshall, Rixey, Scott,
W. A. Turner, Waddell, White and Wilson—11.
A message was received from the senate by Mr. Hannah, who in¬
formed the house of delegates that the senate had passed house bill
entitled an ,act amending the 38th chapter of the Code (edition of
1860), in relation to the assessment of taxes on licenses, No. 120,
with an amendment; in which they respectfully requested the con¬
currence of the house of delegates.
The Speaker announced the committee of conference on the disa-
JOURNAL OF THE HOUSE OF DELEGATES.
323
greeing votes of the two houses on house bill entitled an act to amend
and re-enact the provisions of the Code of 1860, and the acts subse¬
quent thereto, in regard to the public printer and the public print¬
ing (No. 119), as follows:" Messrs. Word, Dunnington, Waddell,
J ones and Dickenson.
Mr. Z. Turner moved a reconsideration of the vote by which the
amendment of the senate to house bill entitled an act requiring the
banks of this commonwealth to go into liquidation (No. 80), was
agreed to; which was rejected.
No. 65, A senate bill entitled an act to incorporate the Cosmos
warehouse and exchange company, came up.
On motion of Mr. Graham, the bill was laid on the table.
No. 50, A senate bill entitled an act to incorporate the American
industrial agency, was read a third time and passed.
No. 102, A senate bill entitled an act disposing of the state's inte¬
rest in the Virginia and Kentucky railroad on certain conditions,
came up.
Mr. Evans moved to amend the bill by adding at the end of sec¬
tion 1st the words "and upon condition that the board of public
works shall approve and confirm the said sale;" which was agreed to.
The bill was read a third time and passed—ayes 69.
The vote was recorded as follows:
i
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brown,
Cabell, Davison, Davidson, Deskins, Dickenson, Dunnington, Ellis, Evans, Fields, Gar-
nett, Gibboney, Graham, Graves, Gray, Hancock, Harris, Hansbrough, Harnsberger,
Holmes, Jackson, Joynes, Kellam, Kendrick, Kilby, Lee, Mann, Marshall, McDonald,
Magill, Merritt, Moore, Morgan, Morris, Newberry, Pate, Peed, Pendleton, Purdy, Riggs,
Rixey, Robertson, Scott, Smith, Straugban, Strayer, J. McDowell Taylor, W. F. B. Tay¬
lor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Wat-
kins, Wilson, Woltz, Wood, Wooldridge, Word and Wyatt—69. (
»
Mr. Kendrick moved a reconsideration of the vote by which the
bill was passed; which was rejected.
Ordered, That Mr. Kendrick inform the senate of the passage of
the bill.
No. 61, A senate bill entitled an act to incorporate the Norfolk
and St. Nazaire express company of America and Europe, was read
a third time and passed.
No. 79, A senate bill entitled an act to enable the owners of land
permanently injured by the devastations of the late war, to obtain a
reassessment of such lands, came up.
The question being on the third reading of the bill, was put, and
decided in the negative. , 1
Resolved, That the bill be rejected.
No. 97, A senate bill entitled an act to authorize the county court
of Fairfax in certain cases to remit taxes due to the state, came up.
The question being on the third reading of the bill, was put, and
decided in the negative.
Resolved, That the bill be rejected.
No 112 A senate bill entitled an act to authorize the construction
324
JOURNAL OF THE HOUSE OF DELEGATES.
of the bridge, lately burned, across the Kivanna river near Charlottes¬
ville, was read a third time and passed.
No. 140, An engrossed bill to stay the collection of debts for a
limited period, was read a third time and passed.
Mr. Garnett moved to reconsider the vote by which the bill was
passed; which was rejected.
Ordered, That Mr. Garnett carry the bill to the senate, and request
their concurrence.
No. 126, An engrossed bill for the relief of the Winchester and
Potomac railroad company, came up, and on motion of Mr. Wall,
was recommitted.
No. 128, An engrossed bill to require payment of premiums upon
charters, came up.
Mr. Wood moved that the bill be recommitted; which was rejected.
The bill was read a third time and passed—ayes 66; noes 7.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brown,
Browning, Davison, Deskins,,Dickenson, Ellis, English, Evans, Fields, Garnett, Gibboney,
Grattan, Graves, Gray, Harris, Hansbrough, Harnsberger, Herndon, Holmes, Hurst,
Jackson, Jones, Joynes, Kendrick, Kilby, Lee, Mann, Marshall, Magill, Merritt, Moore,
Morgan, Morris, Newberry, Pate, Patterson, Peed, Pendleton, Purdy, Riggs, Rixey,
Smith, Straughan, Strayer, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W. A.
Turner, Z. Turner, Waddell, Wall, Watkins, Wilson, Woltz, Wood, Wooldridge, Word and
Wyatt—66.
Noes—Messrs. Cabell, Dunnington, Graham, Hancock, Parsons, Scott and J. McDowell
Taylor—7.
Mr. Grattan moved to reconsider the vote by which the bill was
passed; which was rejected.
No. 144, An engrossed bill transferring turnpikes to the counties
in which they lie, was read a third time and passed—ayes 68; noes 2.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brown,
Browning, Cabell, Davison, Deskins, Dunnington, Ellis, English, Evans, Fields, Gibboney,
Graham, Graves, Gray, Hancock, Harris, Hansbrough, Harnsberger, Herndon, Holmes,
Jackson, Joynes, Kellam, Kendrick, Mann, Marshall, Magill, Merritt, Moore, Morgan,
Morris, Newberry, Pardons, Pate, Patterson, Peed, Pendleton, Purdy, Riggs, Rixey,
Robertson, Scott, Smith, Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor,
Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins,
Wilson, Woltz, Wood, Wooldridge, Word and Wyatt—68.
Noes—Messrs. Grattan and Jones—
Mr. Baylor moved a reconsideration of the vote by which the bill
was passed; which was rejected.
A message was received from the senate by Mr. Keen, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to incorporate the Virginia land, trust and immigra¬
tion company, No. 43.
The following engrossed bills and joint resolutions were read a third
time and passed:
No. 136, A bill to reorganize the militia—ayes 68; no 1.
The vote was recorded as follows :
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brax¬
ton, Brown, Browning, Cabell, Davison, Deskins, Dickenson, Dunnington, Ellis, English,
JOURNAL OF THE HOUSE OF DELEGATES.
325
Evans, Fields, Grattan, Graves, Gray, Hancock, Harris, Hansbrough, Harnsberger, Hern-
don, Holmes, Jackson, Jones, Joynes, Kellam, Kendrick, Kilby, Lee, Mann, Marshall,
McDonald, Magill, Merritt, Moore, Morris, Newberry, Parsons, Pate, Peed, Pendleton,
Purdy, Riggs, Rixey, Robertson, Scott, Smith, Strayer, W. F. B. Taylor, Teeter, Thomp¬
son, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins, Wilson, Woltz,
Wood, Wooldridge and Wyatt—68.
No—Mr. Graham—1.
No. 143, A bill to authorize the county courts of King George and
Stafford to borrow money for educational purposes.
No. 147, A bill to incorporate the Virginia steam sugar refining
company.
No. 148, A bill to amend and re-enact the 1st paragraph of the
36th section of chapter 88 of the Code of 1860—ayes 63; noes 6.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Booker, Bowles, Braxton, Brown,
Browning, Cabell, Davison, Deskins, Dickenson, Dunnington, English, Evans, Fields,
Graham, Grattan, Graves, Gray, Hancock, Harris, Harnsberger, Holmes, Hurst, Jackson,
Jones, Joynes, Kellam, Kendrick, Kilby, Lee, Marshall, McDonald, Magill, Merritt,
Moore, Morris, Pate, Peed, Pendleton, Rixey, Robertson, Scott, Smith, Straughan,
Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W. A.
Turner, Z. Turner, Waddell, Wall, Watkins, Wilson, Woltz, Wood, Woodson and
Wyatt—63.
Noes—Messrs. Herndon, Newberry, Parsons, Puggs, Wooldridge and Word—6.
i
No. 149, A bill to incorporate the Union car works manufacturing
company.
No. 150, Joint resolutions in relation to the charter of the city of
Williamsburg—ayes 64; noes 10.
The vote was recorded as follows:
Ayes—Messrs. Atkinson, Baylor, Bekem, Booker, Bowles, Braxton, Brown, Browning,
Davison, Davidson, Deskins, Dunnington, Ellis, Evans, Fields, Garnett, Gibboney, Gra¬
ham, Gray, Hancock, Hansbrough, Harnsberger, Herndon, Holmes, Hurst, Jackson,
Joynes, Kellam, Kendrick, Kilby, Lee. Mann, Marshall, McDonald, Magill, Merritt,
Moore, Morgan, Morris, Newberry, Parsons, Pate, Pendleton, Purdy, Riggs, Rixey, Ro¬
bertson, Smith, Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Thompson,
Townes, Trout, W. A. Turner, Z. Turner, Wall, Wilson, Woltz, Wood, Woodson, Word
and Wyatt—64.
Noes—Messrs. Baldwin (speaker), Cabell, English, Graves, Harris, Jones, Scott, Teeter,
Waddell and Watkins—10.
No. 153, A bill declaring Neabsco and Powell's creeks lawful fences.
No. 154, A bill to authorize the librarian to prosecute for the lost
or mutilated books.
No. 155, A bill charging upon the public treasury certain allow¬
ances heretofore authorized to be made out of the library fund—ayes
73; no 1.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brown,
Browning, Cabell, Davison, Deskins, Dunnington, Ellis, English, Evans, Fields, Garnett,
Gibboney, Graham, Grattan, Graves, Gray, Hancock, Harris, Hansbrough, Harnsberger,
Herndon, Holmes, Jackson, Jones, Joynes, Kellam, Kendrick, Kilby, Lee, Mann, Marshall,
McDonald Magill, Merritt, Moore, Morgan, Morris, Newberry, Parsons, Pate, Peed, Pen¬
dleton Purdy Riggs, Rixey, Robertson, Scott, Smith, Straughan, Strayer, J. McDowell
Taylor W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner,
Waddell, Wall, Watkins, Wilson, Woltz, Wood, Wooldridge, Word and Wyatt—73.
No—Mr. Dickenson—1.
326
JOURNAL OF THE HOUSE OF DELEGATES.
No. 156, A bill to prevent and punish unlawful hunting.
Mr. Wyatt moved a reconsideration of the vote by which the bill
was passed; which was rejected.
No. 157, A bill for the relief of Joseph Padgett, late constable of
Alexandria county, was read a third time; and the question being—
Shall the bill pass? was put, and decided in the negative—ayes 49;
noes 6.
The vote was recdrded as follows:
Ayes—Messrs. Baldwin (speaker). Atkinson, Baylor, Booker, Bowles, Cabell, David¬
son, Deskins, Dunnington, English, Fields, Graham, Grattan, Graves, Gray, Harris,
Hansbrough, Herndon, Jones, Joynes, Kellam, Kendrick, Kilby, Lee, Mann, Marshall,
McDonald, Merritt, Morris, Pate, Peed, Pendleton, Purdy, Smith, Strayer, J. McDowell
Taylor, W. F. B. Taylor, Teeter, Townes, Trout, W. A. Turner, Z. Turner, Waddell,
Wall, Watkins, Wilson, Woltz, Wood and Wyatt—49.
Noes—Messrs. Ellis, Garnett, Moore, Morgan, Newberry and Parsons—6.
Resolved, That the bill be rejected.
Mr. Garnett moved a reconsideration of the vote by wThich the bill
was rejected; which was agreed to.
The question recurring—Shall the bill pass? was put, and decided
in the affirmative—ayes 61; noes 3.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bowles, Brown, Browning,
Cabell, Davison, Davidson, Deskins, Dunnington, Ellis, English, Evans, Fields, Graham,
Grattan, Graves, Gray, Hancock, Harris, Hansbrough, Herndon, Holmes, Jones, Joynes,
Kellam, Kendrick, Kilby, Lee, Mann, Marshall, McDonald, Merritt, Moore, Morgan,
Morris, Pate, Peed, Pendleton, Purdy, Robertson, Smith, Strayer, J. McDowell Taylor,
W. F. B. Taylor, Teeter, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Wat-
kins, Wilson, Woltz, Wood, Wooldridge, Word and Wyatt—61.
Noes—Messrs. Booker, Newberry and Parsons—3.
A message was received from the senate by Mr. Cabell, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to incorporate the Rockbridge savings institution at Lex¬
ington, Virginia, No. 113; in which they requested the concurrence
of the house of delegates.
The following engrossed bills and joint resolutions were read a third
time and passed:
No. 159, A bill for the relief of J. Sangster.
No. "162, A bill to repeal the 12th section of chapter 20 of the
Code of Virginia (edition of 1860).
No. 163, A bill to amend and re-enact section 13 of chapter 14 of
the Code (edition 1860), as amended and re-enacted by an act enti¬
tled an act to amend and re-enact the 13th and 14th sections of chap¬
ter 14 of the Code of Virginia (1860), passed 15th December 1865.
No. 165, A bill to incorporate the planters savings bank of Farm-
ville.
No. 168, A bill amending and re-enacting the 13th section of
chapter 157 of the Code of i860, so as to create the office of judge
of the court of hustings for the city of Portsmouth.
. No. 170, A bill requiring the superintendent of the penitentiary
to keep a record of the conduct of prisoners.
JOURNAL OF THE HOUSE OF DELEGATES.
327
No. 172, A bill to incorporate the Prince William mining and
manufacturing company.
No. 173, A bill authorizing the board of public works to sell the
state's interest in the Potomac bridge company—ayes 73.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brown,
Browning, Cabell, Davison, Davidson, Deskins, Dickenson, Dunnington, Ellis, English,
Evans, Fields, Garnett/Gibboney, Graham, Grattan, Graves, Gray, Hancock, Harris, Hans-
brough, Harnsberger, Herndon, Holmes, Jones, Joynes, Kendrick, Kilby, Lee, Mann,
Marshall, McDonald, Magill, Merritt, Moore, Morgan, Morris, Newberry, Parsons, Pate,
Peed, Pendleton, Purdy, Riggs, Rixey, Robertson, Scott, Smith, Strayer, J. McDowell
Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner,
Waddell, Wall, Watkins, White, Wilson, Woltz, Wood, Wooldridge, Word and Wyatt—73.
No. 174, A bill for the relief of John G-. Miller, late sheriff of
Frederick county.
No. 175, A bill to enable the common council of Charlottesville to
erect water works.
No. 178, A bill to incorporate the Pound gap bridge company.
No. 179, A bill to incorporate the Brush mountain mining and
transportation company.
Mr. Evans moved to reconsider the vote by which the bill was
passed; which was rejected.
No. 180, Joint resolutions in relation to the sale of paper in the
library—ayes 63; no 1.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Booker, Bowles, Brown, Brown¬
ing, Cabell, Davison, Davidson, Deskins, Dunnington, Ellis, English, Evans, Fields, Gar-
nett, Gibboney, Graham, Graves, Hancock, Harris, Harnsberger, Holmes, Joynes, Kellam,
Kendrick, Ki'lby, Lee, Mann, Marshall, McDonald, Magill, Merritt, Moore, Morgan,
Morris, Newberry, Parsons, Pate, Pendleton, Purdy, Riggs, Rixey, Robertson, Scott,
Smith, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Townes, Trout, W. A, Turner,
Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz, Wood and Word—63.
No—Mr. Hurst—1.
No. 181, A bill to incorporate the Old Dominion porcelain and
glass company.
Mr. Woltz moved a reconsideration of the vote by which the bill
was passed; which was rejected.
No. 182, A bill declaring the James river and Kanawha canal a
lawful fence within the limits of the counties of Albemarle and
Fluvanna.
No. 183, A bill' to amend and re-enact sections 13 and 14 of the
Code of 1860.
No. 185, A bill to amend and re-enact the 3d section of chapter
57 of the Code of Virginia.
No. 190, An engrossed bill authorizing the appointment of com¬
missioners to devise a system of popular education, came up, and
was read a third time.
Mr. Joynes moved that the bill be recommitted. ,
Mr.' Pendleton moved the pending question; which was ordered.
The motion to recommit was rejected.
328 JOURNAL OF THE HOUSE OF DELEGATES.
The question being—Shall the hill pass? was put, and decided in
the negative—:ayes 24; noes 44.
The vote was recorded as follows:
Ayes—Messrs. Booker, Braxton, Dunnington, English, Evans, Fields, Langkorne, Mer-
ritt, Pendleton, Purdy, Rixey, Robertson, Scott, Smith, Straughan, W. F. B. Taylor,
Teeter, Trout, W. A. Turner, Z. Turner, Watkins, Woltz, Wood and Word—24.
Noes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bowles, Brown, Browning, Cabell,
Davison, Davidson, Deskins, Dickenson, Ellis, Garnett, Gibboney, Graham, Grattan,
Graves, Hancock, Harris, Harnsberger, Jackson, Joynes, Kellam, Kendrick, Kilby, Lee,
Mann, McDonald, Magill, Moore, Morgan, Morris, Newberry, Parsons, Pate, Peed, Riggs,
Strayer, Thompson, Townes, Waddell, White, Wilson and Woodson—44.
Resolved, That the hill he rejected.
On motion of Mr. Joynes, the vote hy which the hill was rejected
was reconsidered.
On motion of Mr. Joynes, the hill was recommitted.
Mr. Garnett entered a motion to reconsider the vote hy which a
hill charging upon the public treasury certain allowances heretofore
authorized to be made out of the library fund, No. 155, was passed.
On motion of Mr. Woodson, the house adjourned until to-morrow,
eleven o'clock.
TUESDAY, February 13, 1866.
Prayer hy Rev. Dr.. J. E. Edwards of the Methodist Episcopal
church.
The journal was read hy the clerk.
A communication from the senate, by their clerk, was read as
follows:
In senate, February 12, 1866.
The senate have agreed to the amendment proposed by the house
of delegates to senate hill entitled:
An act disposing of the state's interest in the Virginia and Ken¬
tucky railroad on certain conditions, No. 102.
They have passed bills entitled:
An act to regulate express business over the railroads of Virginia,
No. 78.
An act to incorporate the farmers and miners savings hank of
Alleghany at Covington, No. 76.
An act to incorporate the planters savings hank of the city of
Richmond, No. 80.
An act extending the time for rebuilding or repairing any mills,
manufactory, machine or engine destroyed hy fire or which may have
become unfit for use during the late civil war, No. 107.
An act authorizing the payment of the contingent expenses of the
hoard of public works, No. 109.
An act to enable the common council of Charlottesville to erect
water works, No. 111.
JOURNAL OF THE HOUSE OF DELEGATES.
329
An act to authorize the city council of Alexandria to issue its bonds
in satisfaction of arrears of interest on its funded debt, No. 117.
An act in regard to abandoned turnpikes, No. 118.
In which bills they respectfully request the concurrence of the
house £f delegates.
The following senate bills were read tjie first and second times, and
referred to the committee of roads and internal navigation:
No. 78, A senate hill entitled an act to regulate express business
over the railroads of Virginia.
No. 118, A senate hill entitled an act in regard to abandoned
turnpikes.
The following senate hills were read the first and second times, and
referred to the committee on hanks:
No. 76, A senate hill entitled an act to incorporate the fanners and
miners savings hank of Alleghany at Covington.
No. 80, A senate bill en titled, an act to incorporate the planters
savings hank of the city of Richmond.
The following senate hills were read the first and second times, and
referred to the comfhittee of propositions and grievances:
No. 107, A senate bill entitled an act extending the time for
rebuilding or repairing any mills, manufactory, machine or engine
destroyed by fire, or which may have become unfit for use during the
late civil war.
No. Ill, A senate hill entitled an act to enable* the common council
of Charlottesville to erect water works.
No. 117, A senate hill entitled an act to authorize the city council
of Alexandria to issue its bonds in satisfaction of arrears of interest
on its funded debt.
No. 109, A senate hill entitled an act authorizing the payment of
the contingent expenses of the hoard of public works, was read the
first and second times, and referred to the committee on finance.
The following report from the committee for courts of justice was
agreed to:
The committee for courts of justice have, according to order, had*
under consideration senate hills Nos. 95, 96 and 105, and respectfully
ask that the same be referred to the committee of propositions and
grievances, and that this committee he relieved from the further con¬
sideration of the same.
No. 46, An engrossed hill for the relief of John Stephenson of
Frederick county, reported from the cqanmittee for courts of justice,
was placed on the calendar.
No. 126, An engrossed bill for the relief of the Winchester and
Potomac railroad company (heretofore recommitted to the committee
of roads and internal navigation), was reported hack from the com¬
mittee of roads and internal navigation, with an amendment in the
nature of a substitute, and placed on the calendar.
No. 120, An engrossed hill amending the 38 th chapter of the
Code (edition of 1860), in relation to the assessment of taxes on
42
330
JOUBNAL OF THE HOUSE OF DELEGATES.
licenses, returned from the senate with an amendment, was referred
to the committee on finance.
No. 113, A senate bill entitled an act to incorporate the Rockbridge
savings institution at Lexington, Virginia, was read the first and
second times, and referred to the committee on banks. «
The following report from the committee for courts of justice was
agreed to:
The committee for courts of justice have, according to order, had
under consideration senate bill No. 22, in reference to usury, and beg
leave to report, that the bill should be referred to the committee on
finance, and therefore ask to be discharged from its further con¬
sideration.
No. 120, A senate bill entitled an act amending the 38th chapter
of the Code (edition of 1860), in relation to the assessment of taxes
on licenses, reported from the committee on finance with a recommen¬
dation that the amendment proposed by the senate be concurred in,
was placed on the calendar.
No. 42, - A senate bill entitled an act to authorize a special police
to search for stolen property, reported from the committee for courts
of justice, was placed on the calendar.
The following bills, reported from the committee of schools and
colleges, were read the first time, and placed on the calendar for a
second reading:
No. 250, A bill to amend section 11 of an act entitled an act to
establish a system of district free schools for King George county.
No. 251, A bill for the relief of the Richmond medical college.
No. 252, A bill to incorporate the Virginia industrial association,
reported from the committee of propositions and grievances, was read
the first time, and placed on the calendar for a second reading.
No. 253, A bill to amend and re-enact section 39 of chapter 184
of the Code of 1860, reported from the committee for courts of jus¬
tice, was read the first time, and placed on the calendar for a second
reading.
No. 254, A bill to provide for the liabilities of the lunatic asylum
at Williamsburg, incurred prior to the 1st day of July 1865, reported
from the committee on lunatic asylums, was read the first time, and
placed on the calendar for a second reading.
No. 85, A senate bill to repeal the act passed June 22d, 1865, in
relation to the salaries of certain officers of government, and to re¬
vive certain sections of the Code repealed, by said act, reported from
the committee on finance, with an amendment in the nature of a sub¬
stitute, was placed on the calendar.
The Speaker laid before the house the report of the joint commit¬
tee appointed to proceed to Washington and present to the president
of the United States, in person, certain resolutions of the general
assembly.
On motion of Mr. Watkins, two thousand copies were ordered to
be printed for the use of the house.
The following papers were submitted end referred, under Rule 37:
JOURNAL OF THE HOUSE OF DELEGATES.
331
By Mr. Herndon:
A bill to authorize the Fredericksburg and Gordonsville railroad to
extend their road to Charlottesville, &c.; which" was referred to the
committee of roads and internal navigation.
By Mr. Evans:
A bill to amend and re-enact the 41st section of chapter 171 of
the Code of Virginia; which was referred to the committee for courts
of justice.
The report of the committee for courts of justice in reference to
the report of the committee on" claims, and the minority report on
the same subject, were taken up.
Mr. Pendleton moved that the minority report be adopted as a sub¬
stitute for the report of the committee; which was agreed to.
The question being on agreeing to the report of the committee as
amended,
Mr. Watkins demanded the ayes and noes; which were ordered.
Mr. Garrett moved a reconsideration of the vote by which the
house Agreed to substitute the minority report in lieu of- the report of
the committee.
The morning hour having expired,
Mr. Lee moved to postpone the business on the calendar until the
pending business be disposed of; which was agreed to.
Mr. Wall moved the pending question; which was ordered.
The motion of Mr. Garrett was agreed to—ayes 42; noes 38.
On motion of Mr. Baylor, the vote was recorded as follows: •
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bowles, W. T. Clark,
Daniel, Davison, Dunniugton, Ellis, English, Evans, Fields, Garrett, Graham, Grattan,
Graves, Harris, Hansbrough, Herndon, Holmes, Jackson, Jones, Joynes, Lee, Marshall,
Magill, Morgan, Peed, Rixey, Robertson, Smith, Strayer, W. A. Turner, Waddell, Wall,
Watkins, White, Wilson, Wood, Wooldridge and Wyatt—42.
Noes—Messrs. Booker, Braxton, Brown, Browning, Cabell, Davis, Davidson, Deskins,
Dickenson, Garnett, Gibboney, Hancock, Harnsberger, Kellam, Kendrick, Kilby, Lang-
horne, Mann, McDonald, Merritt, Moore, Morris, Newberry, Parsons, Pate, Pendleton,
Purdy, Riggs, Scott, Stearns, Teeter, Thompson, Townes, Trout, Z. Turner, Woltz,
Woodson and Word—38.
I
Mr. Atkinson moved that the reports be passed by; which was
agreed to.
' Mr. Garnett entered a motion to reconsider the vote by which joint
resolution in relation to the sale of paper in the library, No. 180,
was passed.'
A message was received from the senate by Mr. Peck, who informed
the house of delegates that the senate had passed house bill entitled
an act to incorporate the Brush mountain mining and transportation
company, No. 179, with an amendment; in which they respectfully
requested the concurrence of the house of delegates.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed house bill entitled
an act for the relief of Henry H. Hurt, sheriff of Halifax county,
No. 193. ^ ,
A message was received from the senate by Mr. Dulany, who m-
332
JOURNAL OF THE HOUSE OF DELEGATES.
formed the house of delegates that the senate had passed house hill
entitled an act to incorporate the"Old Dominion porcelain and glass
company, No. 181.
The house proceeded with the business on the calendar.
The motion of Mr. Garnett to reconsider the vote by which a bill
charging upon the public treasury certain allowances heretofore au¬
thorized to be made out of the library fund, No. 155, came up, and
was rejected.
The motion of Mr. G-arnett to reconsider the vote by which joint
resolution in relation to the sale of paper in the library, No. 180,
came up, and was agreed to.
On motion of Mr. G-arnett, the joint resolution was passed by.
No. 120, A bill amending the 38th chapter of the Code (edition of
1860), in relation to the assessment of taxes, came up.
The amendment of the senate was agreed to as follows:
Section 19, lines 3 and 4, after the word " sales," strike out the words
" no tobacco inspector shall sell tobacco at auction or otherwise."
Mr. Grattan moved a reconsideration of the vote by which the
amendment of the senate was agreed to; which was rejected.
Ordered, That Mr. Grattan inform the senate of the action of the
house of delegates.
No. 42, A senate bill entitled an act to authorize a special police
to search for stolen property, came up.
The following amendment, proposed by the committee for courts
of justice, was agreed to:
Strike out, in the 6th line, the word " oath," and insert the word
" affidavit."
A message was received from the senate by Mr. Boiling, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to authorize the board of public works to sell the interest
of the commonwealth in the- Alexandria canal, No. 122; in which
they respectfully requested the concurrence of the house of delegates.
Mr. Waddell entered a motion to reconsider the vote by which
senate bill entitled an act to incorporate the Norfolk and St. Nazaire
express company of America and Europe, No. 61, was passed.
Mr. Garnett entered a motion to reconsider the vote by which an
engrossed bill to reorganize the militia, No. 136, was passed.
Mr. Cabell moved a reconsideration of the vote by which an en¬
grossed bill to incorporate the Virginia steam sugar refining company,
No. 147, was passed; which was rejected.
No. 85, A senate bill entitled an act to repeal the act passed June
22d, 1865, in relation to the salaries of certain officers of government,
and to revive certain sections of the Code repealed by said act,
came up.
Mr. Watkins moved to amend the substitute by striking out the
words "three thousand," and inserting in lieu thereof the words
"thirty-five hundred."
Mr. Atkinson moved the pending question; which was ordered.
The amendment of Mr. Watkins was rejected.
JOURNAL OF THE HOUSE OF DELEGATES.
333
Mr. White moved to amend the substitute by striking out the
words "six hundred," and inserting in lieu thereof the words "seven
hundred and fifty;" which was rejected.
The substitute was agreed to.
The bill, as amended, was ordered to be engrossed to be read a
third time.
Mr. Joynes moved to reconsider the vote by which a bill to repeal
certain parts of the act of May 14th, 1862, and to prescribe oaths to
be taken in certain cases, No. 132, was passed; which was rejected.
Ordered, That Mr. Joynes carry the bill to the senate, and request
their concurrence..
No. 126, An engrossed bill for the relief of the Winchester and
Potomac railroad company, came1 up.
The amendment of the committee was agreed to.
The bill, as amended, was read a third time and passed—ayes 71;
no 1.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brown,
Browning, Cabell, W. T. Clark, Daniel, Davis, Davison, Davidson, Deskins, Dickenson,
Dunnington, Ellis, English, Evans, Fields, Garnett, Garrett, Gibbony, Grahaip, Grattan,
Graves, Gray, Hancock, Harris, Hansbrough, Harnsberger, Herndon, Holmes, Jones,
Joynes, Kellam, Kendrick, Kilby, Langhorne, Mann, Marshall, McDonald, Magill, Mer-
ritt, Moore, Morgan, Morris, Newberry, Pate, Peed, Pendleton, Purdy, Bixey, Robert¬
son, Scott, Smith, W. F. B. Taylor, Teeter, Thompson, Townes, W. A. Turner, Z. Turner,
Waddell, Wall, Watkins, Wilson, Woltz, Wood, Word and Wyatt—71.
No—Mr. Stearns—1.
No. 87, A bill compensating Allen Bacon for services as jailor,
came up>
The question being on ordering the bill to be engrossed to be read
a third time, was put, and decided in the negative.
Resolved, That the bill be rejected.
Mr. Evans moved a reconsideration of the vote by which the bill
wal rejected; which was agreed to.
On motion of Mr. Wood, the bill was passed by.
No. 139, A bill to promote and encourage immigration into the
state of Virginia, was read a second time.
The question being on ordering the bill to be engrossed to be read
a third time, was put, and decided in the negative.
Resolved, That the bill be rejected.
No. 141, A bill for the relief of the incorporated colleges and other
seminaries of learning of the state, came up.
On motion of Mr. Smith, the bill was passed by.
No. 142, A bill making appropriation to the university of Vir¬
ginia, came up.
On motion of Mr. Wood, the bill was recommitted.
No. 145, A bill to extend the charter of the James river and Ka¬
nawha company, was read a second time.
Mr. Grattan moved to amend the bill by striking out " 1866," and
inserting "1871."
334
JOURNAL OF THE HOUSE OF DELEGATES.
Mr. Graham, moved to amend the amendment by striking out
"1871,"..and inserting "1867;" which was rejected.
The amendment of Mr. Grattan was agreed to.
On motion of Mr. Grattan, the bill was amended by adding at the
end, as an independent section, the following:
" This act shall be in force from its passage."
The bill was ordered to be engrossed to be read a third time.
.Nos. 146 and 167, Joint resolutions on the restoration of the state
and the adjustment of the public debt, came up.
On motion of Mr. Watkins, the resolutions were amended by fill¬
ing the blank in the 1st line, 2d section, with the word " three."
Mr. Garnett moved that the joint resolutions be passed by; which
was rejected.
Mr. Garnett moved to amend the resolutions by striking out the
first resolution of the report of the committee, which is as follows:
" Resolved by the general assembly of Virginia, That the people of
Virginia deeply lament the dismemberment of the old state, and are
sincerely desirous to establish and pepetuate the reunion of the state
of Virginia and West Virginia, and they do confidently appeal to
their brethren of West Virginia to concur with them in the adoption
of suitable measures of co-operation in the restoration of the ancient
commonwealth of Virginia, with all her people, and up to her former
boundaries,"
And inserting in lieu thereof the resolution of the minority report,
which is as follows:
" Resolved by the general assembly of Virginia, That it is inexpe¬
dient at this time to legislate upon the subject of a reunion between
West Virginia and Virginia; but whenever the people of the former
state shall, through their constituted authorities, manifest a dispo¬
sition therefor, then will Virginia be prepared to consider any over¬
tures which may be so made."
Which motion was rejected. '
The joint resolutions were ordered to be engrossed to be read a
third time.
The following engrossed bills were read a third time and passed:
No. 192, A bill to amend and re-enact the 2d section of chapter
82 ofi the Code of Virginia,
No. 194, A bill to incorporate the sun fire company of the city of
Alexandria.'
No. 195, A bill to incorporate the Valley mining, exploring and
manufacturing company.
No. 196, A bill to incorporate the Hampton steamboat company.
No. 197, A bill to incorporate the North Carolina transportation
company.
No. 198, A bill to incorporate the great southern inland naviga¬
tion company.
No. 199, A bill to amend and re-enact sections 4 and 5 of chapter
110 of the Code.
journal of the house of delegates. 335
No. 200, A bill to provide, for including the value of stamps in
the taxation of costs.
No. 201, A bill to prevent the abatement of process in certain cases.
No. 202, A bill to amend and re-enact chapter'180 of the Code of
Virginia.
No. 203, A bill amending and re-enacting section 3 of chapter 124
of the Code.
On motion of Mr. Scott, the house adjourned until to-morrow,
eleven o'clock.
WEDNESDAY, February 14, 1866.
Prayer by Eev. Dr. J. E. Edwards of the Methodist Episcopal
church.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as
follows:
In senate, February 13, 1866.
The senate have passed house bill entitled:
An act to amend and re-enact the 25th and 27th sections of chap¬
ter 92 of the Code of Virginia, relating to pilots, No. 124.
They have agreed to the amendjnent of the house of delegates to
senate bill entitled:
An act to revive the charter of the Keswick coal mining company,
and to amend the same, No. 70.
And they have passed bills entitled:
An act to amend the 16th and 18th sections of chapter 14, and the
51st section of chapter 213 of the Code of 1860, so as to increase
the compensation of the assistants, clerk and interior guard of the
penitentiary, No. 125.
An act to incorporate the Dan river manufacturing company,
No. 123.
In which bills they respectfully request the' concurrence of the
house of delegates.
I
No. 123, A senate bill entitled an act to incorporate the Dan river
manufacturing company, was read the first and second times.
On motion of Mr. W. T. Clark, Eule No. 44 (which requires a
reference of the bill to a committee), was suspended, and the bill
placed on the calendar.
No. 125, A senate bill entitled an act to amend the 16th and 18th
sections of chapter 14, and the 51st section of chapter 213 of the
Code of 18G0, so as to increase the compensation of the assistants^
clerk and interior guard of the penitentiary, was read the first and
second times, and referred to the committee on the penitentiary.
No. 179, An engrossed bill to incorporate the Brush mountain
336
JOURNAL OF THIS HOUSE OF DELEGATES.
mining and transportation company, returned from the senate with
an amendment, was taken up.
On motion of Mr. Evans, Rule No. 44 (which requires a reference
of the hill to a committee), was suspended, and the bill was placed
on the calendar.
No. 102, A senate bill entitled an act to authorize the board of
public works to sell the interest of the commonwealth in the Alexan¬
dria canal, was read the first and second times.
On motion of Mr. Robertson, Rule 44 (which requires a reference of
the bill to a committee), was suspended, and the bill tvas placed on
the calendar.
The following senate bills, reported from the committee of propo¬
sitions and grievances (accompanied with a report from said commit¬
tee recommending that, as a bill proposing a general law giving the
relief asked for has passed the senate, and is now before the house of
delegates, they do not pass), were placed on the calendar.
No. 95, A senate bill entitled an act to authorize James M. Talia¬
ferro to rebuild his mill.
No. 96, A senate bill entitled an act to authorize the heirs of John
W. Coleman to rebuild their mill.
No. 105, A senate bill entitled an act authorizing Charles Mason
of King George county to rebuild his mill.
No. 101, A senate bill entitled an act for the relief of the incor¬
porated colleges and other seminaries of learning of the state, re¬
ported from the committee of schools and colleges, was placed upon
the calendar.
No. 190, An engrossed bill authorizing the appointment of com¬
missioners to devise a system of popular education (heretofore recom¬
mitted), was reported from the committee of schools and colleges,
with amendments, and placed on the calendar.
The following senate bills, reported from the committee of propo¬
sitions and grievances, were placed on the calendar:
No. 107, A senate bill entitled an act extending the time for re¬
building or repairing any mills, manufactory, machine or engine de¬
stroyed by fire, or which have become unfit for use during the late
civil war.
No. Ill, A senate bill entitled an act to enable the common council
of Charlottesville to erect water works.
No. 117, A senate bill entitled an act to authorize the city council
of Alexandria to issue its bonds in satisfaction of arrears of interest
on its funded debt.
No. 114, A senate bill entitled an act declaring the standard of a
cord measure, reported from the committee on agriculture and manu¬
factures, was placed on the calendar.
No. 118, A senate bill entitled an act in regard to abandoned turn¬
pikes, reported from the committee of roads and internal navigation
with an amendment, was placed on the calendar.
No. 142, A bill making appropriation to the university of Vir¬
ginia (heretofore recommitted), was reported from the committee of
JOURNAL OF THE HOUSE OF DELEGATES.
4
337
schools and colleges, with an amendment in the nature of a substi¬
tute, was placed on the calendar.
..The following hills, reported from the committee of propositions
and grievances, were read the first time, and placed on the calendar
for a second reading:
No. 255, A hill to incorporate the Virginia savings hank.
No. 256, A hill in regard to the printing of acts of private incor¬
porations.
No. 257, A hill abolishing the inspection of lime, reported from
the committee on agriculture and manufactures, was read the first
time, and placed on the calendar for a second reading.
The following papers were presented and referred, under Rule 37:
By Mr. Wyatt:
Resolved, That the committee of roads and internal navigation he
instructed to enquire into the expediency of permitting F. W.
Campbell and William T. Chandler of the county of Caroline to
erect a toll bridge across the Pamunkey river, at a point called Page's
bridge, between Caroline and Hanover counties, on the road leading
from Richmond to Fredericksburg, called and known as the old Stage
road; and that they report by bill or otherwise.
By Mr. A. J. Clark:
Resolved, That the committee on finance be instructed to enquire
into the expediency of requiring the sheriffs of this commonwealth to
pay into the treasury one-third of the revenue in three months after
the time authorized by law to commence collecting the same, and
three months thereafter one other third, and three months thereafter
the remaining third.
By Mr. G-arrett: f
Petition of Mrs. Bettie C. Elliott; which was referred to the com¬
mittee for courts of justice.
By Mr. Baldwin:
Petitions of sundry citizens of Augusta, in regard to a Valley
railroad; which were referred to the committee of roads and internal
navigation.
By Mr. Wood:
A petition from citizens of the county of Albemarle, in regard to
the repeal of the usury law; which was referred to the committee
on finance.
By Mr. Davison:
A bill to incorporate the Shenandoah copper mining company; re¬
ferred to the committee of propositions and grievances.
The report of the committee for courts of justice and the report of
the minority, in reference to the report of the committee of claims,
were taken up.
The morning hour having expired,
• Mr. Woodson moved that the business on the calendar be postponed
until the pending business be disposed of; which was agreed to.
The question being on substituting the resolution of the minority,
which is as follows:
'43
338
JOURNAL OF THE HOUSE OF DELEGATES.
" Resolved,|That the committee of claims decided rightly in re¬
garding the six claims (mentioned in the report of the committee of
claims) as embraced in the clause of the constitution which prohibits
the general assembly from providing for the payment of any debt or
obligation created in the name of the state by the usurped and pre¬
tended state authorities at Richmond,"
In lieu of the report of the committee, which is as follows:
"Resolved, That the report of the committee of claims (which
was referred to them by the house) be recommitted to that committee,
with instructions to examine and report upon the several claims, in
accordance with the principles of the report of the committee,"
Mr. Booker moved the pending question; which was ordered; and
being put, was decided in the affirmative—ayes 47; noes 42.
On motion of Mr. Woodson, the vote was recorded as follows:
Ayes—Messrs. Booker, Braxton, Brown, Browning, Cabell, W. T. Clark, Childress,
Davidson, Deskins, Dickenson, English, Garnett, Gibboney, Harnsberger, Jackson, Kellam,
Kendrick, Kilby, Long, McDonald, Magill, Merritt, Miller, Moore, Morris, Mosby, New¬
berry, Parsons, Pate, Pendleton, Powell, Purdy, Riggs, Robertson, Scott, Stearns,
Straughan, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Woltz,
Woodson and Word—46.
Noes-—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bowles, Daniel, Davison,
Dunnington, Ellis, Evans, Fields, Garrett, Graham, Grattan, Graves, Gray, Hancock, Har¬
ris, Hansbrough, Herndon, Holmes, Jones, Joynes, Lee, Mann, Marshall, Martin, Morgan,
Rixey, Seawell, Smith, Strayer, J. McDowell Taylor, Z. Turner, Waddell, Wall, Watkins,
White, Wilson, Wood, Wooldridge and Wyatt—42. ^
Mr. Lee moved to lay the subject on the table; which was rejected.
The resolution of the committee', as amended, wTas agreed to.
A message was received from the senate by Mr. Gray, who informed
the house of delegates that the senate had passed house bill entitled
an act to incorporate the Mount Crawfor^. toll bridge company in the
county of Rockingham,*No. 134.
A message was received from the senate by Mr. Coleman, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to incorporate the Virginia steam sugar refining com¬
pany, No. 147.
Mr. Woodson moved a reconsideration of the vote by which an en¬
grossed bill to incorporate the Valley mining and manufacturing com¬
pany, No. 195, was passed; which was rejected.
Ordered, That Mr. Woodson carry the bill to the senate, and re¬
quest their concurrence.
Mr. Lee moved that Rule 52 be suspended, in order to enable him
to move to take up, out of its order on the calendar,
No. 238, A bill to incorporate the Southern fertilizing company;
which was rejected.
The motion of Mr. Waddell, to reconsider the vote by which a
senate bill entitled an act to incorporate the Norfolk and St. Nazaire
express company of America and Europe, No. 61, was passed, came
up, and was agreed to. v
The question recurring on the passage of the bill,
Mr. Graham moved to dismiss the bill; which was agreed to.
By Mr. Wood:
JOURNAL OP THE HOUSE OF DELEGATES.
339
The motion of Mr. Garnett to reconsider the vote by which a
bill to reorganize the militia, was passed, came np, and was agreed to.
The question recurring on the passage of the bill,
On motion of Mr. Garnett, the bill was recommitted.
Mr. Garnett moved a reconsideration of the vote by which a senate
bill entitled an act to authorize the county court of Fairfax in certain
cases to remit taxes due to the state, No. 97, was rejected; which
motion was rejected.
No. 46, An engrossed bill for the relief of John Stephenson of
Frederick county, came up.
On motion of Mr, Magill, the bill was passed by.
Mr. Wall moved a reconsideration of the vote by which bill No. 46
was passed by; which was agreed to.
The following amendment, proposed by the senate, was agreed to:
. Insert, as an independent section, the following:
" That the judge of the said court may, in vacation, appoint three
commissioners, who shall examine and report fully to the court the
state of repairs in which the said tract of four hundred and seventy-
four acres was on the 1st day of January 1866."
No. 179, An engrossed bill to incorporate the Brush mountain
mining and transportation company, came up.
The following amendment, proposed by the senate, was agreed to:
Section 4, 1st line, after the word " construct," insert the words
" with the consent of the owners of the lands over which the road
shall pass."
No. 85, A senate bill entitled an act to repeal the act passed
June 22, 1865, in relation to the salaries of certain officers of govern¬
ment, and to revive certain sections of the Code repealed by said act,
> was read a third time and passed—ayes 74.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Booker, Bowles, Braxton, Brown, Cabell,
A. J. Clark, W. T. Clark, Childress, Daniel, Davison, Deskins, Dickenson, Durmington,
Ellis, English, Evans, Fields, Garnett, Garrett, Grattan, Graves, Gray, Hancock;, Hans-
brough, Harnsberger, Herndon, Holmes, Jones, Kendrick, Kilby, Langhorne, Lee, Long,
Mann, Marshall, Martin, Magill, Merritt, Miller, Moore, Morgan, Morris, Newberry,
Parsons, Pate, Peed, Pendleton, Powell, Purdy, Riggs, Rixey, Robertson, Scott, Seawell,
Smith, Straughan, J. McDowell Taylor, Teeter, Thompson, Townes, Trout, W. A.
Turner, Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz, Wood, Wooldridge
and Word—74.
No. 122, A senate bill entitled an act to authorize the board of
public works to sell the interest of the commonwealth in the Alex¬
andria canal, was read a third time and passed—ayes 78.
The vote was recorded as follows:
Ayes Messrs. Baldwin (speaker), Atkinson, Bekem, Booker, Bowles, Braxton, Brown,
Cabell A. J. Clark, W. T. Clark, Childress, Daniel, Davison, Deskins, Dickenson, Dun¬
nington, Ellis, English, Evans, Fields, Garnett, Garrett, Gibboney, Grattan, Gray, Han¬
cock Harris ' Hansbrough, Harnsberger, Herndon, Holmes, Jackson, Jones, Joynes,
Kellam Kendrick, Kilby, Langhorne, Lee, Long, Mann, Marshall, Martin, Magill, Mer¬
ritt Miller Moore, Morgan, Morris, Newberry, Parsons, Pate, Peed, Pendleton, Powell,
Rio-'ss Rixev Robertson, Scott, Seawell, Smith, Stearns, Straughan, J. McDowell Taylor,
TeeS;,' Thompson, Townes, Trout, W. A. Turner, Z. Turner, Waddell, W^ll, Watkins,
White,'Wilson, Wood, Wooldridge and Word—78.
340
journal of the house of delegates.
No. 123, A senate bill entitled an act to incorporate the Dan river
manufacturing company, was read a third time and passed.
On motions severally made by Mr. (Garnett, the following senate
bills were laid upon the table:
No. 95, A senate bill entitled an act to authorize James M. Talia¬
ferro of Stafford county to rebuild his mill.
No. 96, A senate bill entitled an act to authorize the heirs of John
W. Coleman to rebuild their mill.
No. 105, A senate hill entitled an act authorizing Charles Mason
of King George county to rebuild his mill.
No. 101, A senate bill entitled an act for the relief of the incorpo¬
rated colleges and other seminaries of learning of the state, was read
a third time.
Mr. Joynes moved that' the house do now adjourn; which was re¬
jected.
Mr. Atkinson moved the previous question; and the main question
was ordered.
The question being—Shall the bill pass? was put, and decided in
the negative—ayes 45; noes 36.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Bekem, Browning, A. J. Clark, Daniel,
Davis, Davison, Dunnington, Ellis, Evans, Garrett, Gibboney, Graham, Graves, Gray,
Hancock, Hansbrough, Harnsberger, Herndon, Holmes, Jhckson, Joynes, Langhorne,
Mann, Martin, Merritt, Mosby, Pate, Pendleton, Purdy, Robertson, Scott, Seawell,
Smith, Strayer, J. McDowell Taylor, Teeter, Townes, Trout, Waddell, Wall, Wilson,
Wood and Wooldridge—45.
Noes—Messrs. Booker, Bowles, Brown, W. T. Clark, Davidson, Deskins, Dickenson,
English, Garnett, Grattan, Harris, Jones, Kellam, Kendrick, Kilby, Lee, Long, McDonald,
Magill, Moore, Morgan, Morris, Newberry, Parsons, Peed, Powell; Riggs, Rixey, Stearns,
Straughan, Thompson, Z. Turner, White, Woltz, Woodson and Word—36.
Mr. Garnett moved a reconsideration of the vote by which the bill
was rejected. Pending which,
On motion of Mr. Joynes, the house adjourned until to-morrow,
eleven o'clock.
THURSDAY, February 15, 1866.
Prayer by Rev. Dr. J. E. Edwards of the Methodist church.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as
follows:
In senate, February 14, 1866.
The senate have agreed to the amendment proposed by the house
of delegates to senate bill entitled:
An act to incorporate the Virginia and North Carolina accident
insurance company, No. 66.
And they have passed house bills entitled:
JOURNAL OF THE HOUSE OF DELEGATES.
341
An act to incorporate the National insurance company of Virginia,
No. 88. r ° '
An act to provide more effectually for the punishment of horse
stealing, No. 108.
No, 37, A senate hill entitled an act to amend and re-enact the
9th section of chapter 103 of the Code of Virginia for 1860, defining
a mulatto, providing for the punishment of offences by colored per¬
sons, and for the admission of their evidence in legal investigations,
and to repeal all laws in relation to slaves and slavery, and for other
purposes, reported from the committee for courts of justice, with an
amendment, in the nature of a substitute, was placed on the calendar.
No. 39, A senate hill entitled an'act to repeal an act entitled an
act relating to witnesses, passed by the general assembly of the re¬
stored government of Virginia on the 29th day of January 1864,
reported from the committee for courts of justice, with an amend¬
ment, in the nature of a substitute, and was placed on the calendar.
No. 22, A senate hill entitled an act to amend and re-enact the 4th
section of chapter 141 of the Code of Virginia (edition of 1860),
reported from the committee on finance, with amendments, was
placed on the calendar.
No. 109, A senate bill entitled an act authorizing the payment of
the contingent expenses of the hoard of public works, reported from
the committee on finance, was placed on the calendar.
No. 258, A hill in relation to the testimony of colored persons, re¬
ported from the committee for courts of justice, was read the first
time, and placed on the calendar, with senate bill No. 39, the rule
being suspended for that purpose.
No. 136, An engrossed hill to reorganize the militia, reported from
,the committee on military affairs, without amendment, was placed on
the calendar.
The following hills, reported from the committee for courts of jus¬
tice, were read the first time,' and placed on the calendar for a second
reading:
No. 259, A hill for processioning and settling the boundaries of
lands in'this commonwealth.
No. 260, A hill amending sections 6 and 14 of chapter 158 of the
Code of 1860, concerning the terms of courts.
No. 261, A bill amending the 7th section of chapter 165, as
amended by an act of February 3d, 1863, concerning compensation
of commonwealths attorneys.
No. 262, A hill to extend the time for the performance of cer¬
tain acts.
The following report from the committee for courts of justice was
agreed to:
The committee for courts of justice have, according to order, had
Under consideration the petition of Mrs. Betty C. Elliott, and beg
leave to report, that if the nuncupative will of John Elliott, men¬
tioned in the will, is inoperative and void, the right to his property
342
JOUEtfAL OF THE HOUSE OF DELEGATES.
has passed to his distributees and heirs at law, and it is not compe¬
tent to the legislature to arrest their title. The committee therefore
submit the following resolution for the adoption of the house:
Resolved, That it is inexpedient to grant the prayer of the petition
of Mrs. Betty C. Elliott.
No. 263, Joint resolutions in relation to Hon. J. C. Underwood,
reported from the committee for courts of justice, were read the first
time, and placed on the calendar for a second reading.
The report of the committee of claims, relative to the memorial of
the president of the New York and Virginia steamship company, was
taken up.
The following resolution of the committee was agreed to:
Resolved, That the general assembly have no power to provide for
the payment of this claim, and respectfully ask to be relieved from
its further consideration.
A message was received from the governor by the secretary of the
commonwealth, nominating judges of the supreme court of appeals
and of the circuit courts.
The Speaker laid the message before the house, and the same was
referred to' the committee for courts of justice.
Subsequently, the Speaker laid before the house a message from the
governor, correcting a mistake in the name of the gentleman nomi¬
nated for the second circuit; which said message was referred to the
committee for courts of justice.
The following report from the committee of claims was agreed to:
The committee of claims have, according to order, had under con¬
sideration a resolution to enquire into the expediency of compen¬
sating Coalman D. Bennett, late sheriff of Pittsylvania county, for
conveying two lunatics to the Western lunatic asylum in the year
1864; also the petition of George R. Fox, late commissioner of the
revenue for the county of Loudoun, asking for compensation for ser¬
vices rendered as commissioner in the year 1862; also the petition of
J. C. Coman, late jailor of Scott county, asking for the payment of
jail fees, &c. for the years 1863 and 1864; also the petition of C. R.
Lipscomb, for coal furnished the Virginia penitentiary prior to the 3d
day of April 1865; also a bill refunding to the securities of Thomas
K. Davis, late sheriff of Prince William county, damages paid-by
them as such, and have adopted the following resolution:
Resolved, That the foregoing claims (in the opinion of the com¬
mittee) the legislature have no authority to provide for the payment
of, and therefore they respectfully ask to be discharged from the fur¬
ther consideration thereof.
On motions severally made, leave of absence was granted Messrs.
Hurst and Garnett.
Mr. Robertson entered a motion to reconsider the vote by which
senate bill entitled an act to authorize the board of public works to
sell the interest of the commonwealth in the Alexandria canal, No.
122, was passed.
The following papers were presented and referred, under Rule 37:
JOURNAL OF THE HOUSE OF DELEGATES.
343
Petition|cfor relief of Orville Allen; referred to the committee of
propositions and grievances.
By*Mr. White:
A hill incorporating the Columbian manufacturing company in
the city of Bichmond; referred to the committee of propositions and
grievances.
By Mr. Ellis:
A bill to incorporate the Old Dominion towing and transportation
company; referred to the committee of roads and internal navigation.
The morning hour having expired, the house proceeded with the
business on the calendar.
The motion of Mr. Garnett, to reconsider the vote by which a
senate bill entitled an act for the relief of the incorporated colleges
and other seminaries of learning of the state, No. 101, was rejected,
came up, and was agreed to.
The question recurring on the passage of the bill,
On motion of Mr. Watkins, the bill was passed by.
The motion of Mr. Bobertson, to reconsider the vote by which a
senate bill entitled an act to authorize the board of public works to
sell the interest of the commonwealth in the Alexandria canal, No.
122, was passed, came up, and was agreed to.
Mr. Bobertson moved a reconsideration of the vote by which the
bill wasjrrdered to a third reading; which was agreed to.
The^question recurring on ordering the bill to a third reading,
On motion of Mr. Bobertson, the bill was amended by striking out
of the 2d section the words " from its passage," and inserting the
words "on and after the first day of April eighteen hundred and
sixty-six."
The bill was read a third time and passed—ayes 86.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Braxton,
Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Davison, Davidson,
Deskins, Dickenson,'Dunnington, Ellis, English, Evans, Garnett, Gibboney, Graham, Grat-
tan, Graves, Gray, Hancock, Harris, Hansbrough, Harnsberger, Herndon, Holmes, Jack¬
son, Jones, Joynes, Kellam, Kendrick, Kilby, Langhorne, Lee, Long, Mann, Marshall,
Martin, McDonald, Magill, Merritt, Moore, Morgan, Morris, Mosby, Newberry, Owen,
Parsons, Pate, Peed, Pendleton, Powell, Purdy, Rixey, Robertson, Scott, Seawell, Smith,
Stearns, Straughan, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes,
Trout, W. A. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz, Wood, Woodson,
Wooldridge, Word and Wvatt—86.
No. 107, A senate bill entitled an act extending the time for re¬
building or repairing any mills, manufactory, machine or engine
destroyed by fire, or which may have become unfit for use during the
late civil war, came up.
The following amendments, proposed by the committee of propo¬
sitions and grievances, were agreed to:
In first line,Rafter the word "mill," insert "toll bridge."
r In 3d line, after the word " fire," insert " Or otherwise."
On motion of Mr. Hansbrough, the bill was amended,by insert-
ino-'after the word "mill," in the 1st line, the words "mill dam." .
344
JOURNAL OF THE HOUSE OF DELEGATES.
The bill was read a third time and passed.
No. 117, A senate bill entitled an act to authorize the city council
of Alexandria to issue its bonds in satisfaction of arrears of interest
on its funded debt, came up.
On motion of Mr. Robertson, the bill was amended by striking out,
in the 3d section, the words " from its passage/' and inserting " on
and after the 1st day of April 1866."
On motion of Mr. English, the bill was passed by.
No. Ill, A senate bill entitled an act to enable the common council
of Charlottesville to erect water works, was read a third time and
passed.
No. 114, A senate bill entitled an act declaring the standard of a
cord measure, was read a third time and passed.
No. 118, A senate bill entitled an act in regard to abandoned turn¬
pikes, came up.
The following amendment, proposed by the committee of roads and
internal navigation, was agreed to:
In 2d line, after the word "road," insert "or a part thereof."
The bill was read a third time and passed—ayes 82.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brown,
Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Davison, Davidson, Deskins,
Dickenson, Dunnington, Ellis, Evans, Fields, Garnett, Graham, Grattan, Graves, Gray,
Hancock, Harris, Hansbrougb, Iiarnsberger, Herndon, Holmes, Jackson, Jones, Kellam,
Kendrick, Kilby, Langhorne, Lee, Long, Mann, Marshall, Martin, McDonald; Magill,
Merritt, Moore, Morgan, Newberry, Owen, Parsons, Pate, Patterson, Peed, Pendleton,
Powell, Purdy, Riggs, Rixey, Robertson, Scott, Smith, Stearns, Straughan, Strayer, J.
McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Towne's, Trout, W. A. Turner, Z.
Turner, Waddell, Wall, Watkins, White, Wilson, Woltz, Wood, Wooldridge and Wyatt—82.
Mr. Patterson moved a reconsideration of the vote by which the
bill was passed; which was rejected.
Ordered, That Mr. Patterson carry the bill to the senate, and re¬
quest their concurrence.
Mr. W. T. Clark moved to reconsider the vote by whidh a senate
bill entitled an act to incorporate the Dan river manufacturing com¬
pany, No. 123, was passed; which was rejected.
Ordered, That Mr. Clark inform the senate of the passage of
the bill.
No. 109, A senate bill entitled an act authorizing the payment of.
the contingent expenses of the board of public works, was read a
third time and passed—ayes 66; noes 9.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brown,
Browning, Cabell, W. T. Clark, Daniel, Davison, Davidson, Deskins, Dunnington,, Ellis,
Evans, Fields, Garrett, Grattan, Graves, Gray, Hancock, Harris, Hansbrough, Harns-
berger, Herndon, Holmes, Jackson, Jovnes, Kendrick, Lee, Mann, Marshall,'Martin,
Magill, Merritt, Miller, Morgan, Mosby, Owen, Pate, Patterson, Pendleton, Purdy, Rixey,
Robertson, Scott, Smith, Stearns, Straughan, Strayer, W. F. B. Taylor, Teeter, Thomp¬
son, Townes, Trout, Z. Turner, Waddell, Wall, Watkins, White, Wilson,Woltz, Word and
Wyatt—66.
Noes—Messrs. Graham, Kellam, Moore, Newberry, Parsons, Powell, Riess J McDow¬
ell Taylor and W. A. Turner—9. ' '
JOURNAL OF THE HOUSE OF DELEGATES.
345
No. 136, An engrossed bill to reorganize tbe militia, came up.
Mr. Dunnington moved the pending question; which was ordered.
The bill was passed—aye£52; noes 22.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bowles, Brown, Brown¬
ing, A. J. Clark, Daniel, Davis, Davison, Davidson, Deskins, Dunnington, Evans, Fields,
Garrett, Graham, Graves, Gray, Hancock, Herndon, Jackson',.Jones, Kellam, Kilby, Lee,
Mann, Marshall, Magill, Merritt, Miller, Newberry, Owen, Pate, Patterson, Peed, Riggs,
Rixey, Robertson, Scott, Smith, Strayer, Thompson, Townes, Trout, Waddell, Wall, Wat-
kins, White, Wilson and Wyatt—52. ■
Noes—Messrs. Booker, Ellis, Garnett, Grattan, Hansbrough, Holmes, Kendrick, Mar¬
tin, Moore, Morgan, Morris, Mosby, Parsons, Purdy, Stearns, Straughan, W. F. B. Tay¬
lor, Teeter, W. A. Turner, Wood, Woodson, Wooldridge and Word—22.
Mr. Davison moved a reconsideration of the vote by which an
engrossed bill to reorganize the militia, No. 136, was passed; which
was rejected.
Ordered, That Mr. Davison carry the same to the senate, and re¬
quest their concurrence.
No. 180, Joint resolution in relation to the sale of paper in the
library, came up.
On motion of Mr. Garnett, the resolution was recommitted.
No. 190, An engrossed bill authorizing the appointment of commis¬
sioners to devise a system of popular education, came up.
The following amendments, proposed by the committee of schools
and colleges, were agreed to:
In 5th line, after the word " of," insert " popular.'*
In lines 5 and 6, strike out the words "including university, col¬
leges, and primary system of education."
The question being on the passage of the bill, was put, and de¬
cided in the negative—ayes 31; noes 53.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Bekem, Booker, A. J. Clark, Daniel, Davison, Dun¬
nington, Ellis, Evans, Harnsberger, Joynes, Marshall, Martin, Merritt, Miller, Purdy,
Scott, Smith, Stearns, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Townes,
W'. A. Turner, Z. Turner, Wall, Watkins, Wood, Wooldridge and Word—31.
Noes—Messrs. Atkinson, Baylor, Bowles, Brown, Browning, Cabell, W. T. Clark,
Davidson, Deskins, Dickenson, Fields, Garnett, Garrett, Gibbonev, Graham, Grattan,
Graves, Gray, Hancock, Harris, Hansbrough. Holmes, Jackson, Jones, Kellam, Kendrick,
Kilby, Lee, Long, Mann, Magill, Moore, Morgan, Morris, Newberry, Owen, Parsons,
Pate, Patterson, Peed, Pendleton, Powell, Riggs, Rixey, Robertson, Seawell, Straughan,
Thompson, Trout, Waddell, White, Wilson and Woodson—53.
Resolved, That the bill be rejected.
A message was received from the seuate by Mr. Keen, who informed
the house of delegates that the senate had passed a bill entitled an
act to authorize the Richmond and Danville railroad company^ to
lease, hold and operate the Piedmont railroad, No. 131; in which
they respectfully requested the concurrence of the house of delegates.
On motion of Mr. Garnett, Rule No. 52 was suspended, and
No. 215, A bill to incorporate the Baltimore and Virginia steam¬
ship company, was taken up, read a second time, and ordered to be
engrossed to be read a third-time,
44
346
JOURNAL OF THE HOUSE OF DELEGATES.
On motion of Mr. Deskins, Rule No. 52 was suspended, and
No. 220, A bill to incorporate the town of Jeffersonville in the
county of Tazewell, was taken up, read* a second time, and ordered
to be engrossed to be read a third time. ■ *
On motion of Mr. Watkins, the rules were suspended, and
No. 131, A senate bill entitled an act to authorize the Richmond
and Danville railroad company to lease, hold and operate the Pied¬
mont railroad, was taken up.
The bill was read a first and second times, and on motion of Mr.
Watkins, Rule No. 44 (which requires a reference to a committee)
was suspended, and the bill was placed on the calendar.
On motion of Mr. Watkins, Rule No.*52 was suspended, and the
bill was taken up out of its order on the calendar, read a third time
and passed—ayes 82.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brown,
Browning, Cabell, W. T. Clark, Daniel, Davis, Davidson, Deskins, Dunnington, Ellis, Eng¬
lish, Evans, Fields, Garnett, Garrett, Gibboney, Graham, Graves, Gray, Hancock, Harris,
Hansbrough, Harnsberger, Herndon, Holmes, Jackson, Jones, Joynes, Kellam, Kendrick,
Kilby, Langhorne, Lee, Long, Mann, Marshall, Martin, Magill, Merritt, Miller, Moore,
Morgan, Morris, Mosby, Newberry, Owen, Parsons, Pate, Patterson, Peed, Pendleton,
Powell, Purdy, Riggs, Rixey, Robertson, Scott, Smith, Stearns, J. McDowell Taylor,
W. F. B. Taylor, Teeter, Thompson, Trout, W. A. Turner, Z. Turner, Waddell, Wall,
Watkins, White, Wilson, Wood, Woodson, Wooldridge, Word and Wyatt—82.
Mr. Watkins moved a reconsideration of the vote by which the bill
was passed; which was rejected.
Ordered, That Mr. Watkins inform the senate of the passage of
the bill.
A message was received from the senate by Mr. Lemosy, who in¬
formed the house of delegates that the senate had passed a house bill
entitled an act for the assessment of persons, property, income and
salaries, No. 72.
On motion of Mr. Booker, Rule No. 52 was suspended, and
No. 238, A bill to incorporate the Southern fertilizing company,
was taken up, read a second time, and ordered to be engrossed to be
read a third time.
On motion of Mr. Jones, Rule No. 52 was suspended, and
No. 242, A bill to authorize a poll to be taken in King & Queen
county to ascertain the sense of the people of said county on the ques¬
tion of the removal of the site of the seat of justice of said county, and
for other purposes connected therewith; was taken up, and read a
second time.
On motion of Mr. Jones, the bill was amended by adding at the
end, as an independent section, the following :
" This act shall be in forcp from its passage."
The bill was ordered to be engrossed to be read a third time.
Mr. Lee moved to suspend Rule No. 52, in order to enable him to
move to take up, out of its order on the calendar,
_ No. 219, A bill to incorporate the Bank of the State of Vir¬
ginia.
JOURNAL OP THE HOUSE OF DELEGATES.
347
Mr. Watkins moved that the house do now adjourn ; which was re¬
jected.
The motion of Mr. Lee was agreed to, and the bill taken up, read
a second time, and ordered to be "engrossed to be read a third time.
Mr. White entered a motion to reconsider the vote by which
No. 6 L, A senate bill entitled an act to incorporate the Norfolk
and St. Nazaire express company of America and Europe, was dis¬
missed. #
No. 145, An engrossed bill to extend the charter of the James river
and Kanawha company, was read a third time and passed—ayes 74.
The vote was recorded as follows :
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brown,
Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Davison, Davidson, Deskins, Dunnington,
Ellis, Evans, Fields, Garrett, Gibboney, Grattan, Graves, Gray, Hancock, Harris, Harns-
berger, Herndon, Holmes, Jones, Kellam, Kendrick, Kilby, Lee, Long, Mann, Marshall,
Martin, Merritt, Miller, Moore, Morgan, Morris, Mosby, Newberry, Owen, Parsons, Pate,
Peed, Pendleton, Powell, Purdy, Rixey, Robertson, Scott, Smith, Stearns, J. McDowell
Taylor, Teeter, Thompson, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins,
White, Wilson, Woltz, Wood, Woodson, Wooldridge, Word and Wyatt—74.
No. 167, Joint resolutions on the restoration of the state and the
adjustment of the public debt, was read a third time and passed—
ayes 75; no 1.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brown,
Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Davison, Davidson, Deskins, Dickenson,
Dunnington, Ellis, English, Evans, Fields, Garrett, Grattan, Graves, Gray, Hancock,
Harris, Hansbrough, Harnsberger, Herndon, Holmes, Jones, Kendrick, Kilby, Langhorne,
Lee, Long, Mann, Marshall, Martin, Merritt, Miller, Moore, Morris, Mosby, Newberry,
Owen, Parsons, Pate, Peed, Pendleton, Powell, Purdy, Rixey, Robertson, Scott, Smith,
Straughan, J. McDowell Taylor, Teeter, Thompson, Trout, W. A. Turner, Z. Turner,
Waddell, Wall, Watkins, White, Wilson, Woltz, Wood, Woodson, Wooldridge, Word and
Wyatt—75.
No—Mr. Kellam—1.
Mr. Watkins moved a reconsideration of the vote by which the
resolutions were passed; which was rejected.
Ordered, That Mr. Watkins carry the resolutions to the senate,
and request their concurrence.
No. 87, A bill compensating Allen Bacon for services as jailor, was
read a second time; and the question being on ordering the bill to be
engrossed to be read a third time,- was put, and decided in the
negative. v
Besolved, That the bill be rejected.
No. 141, A bill for the relief of the incorporated colleges and
other seminaries of learning of the state, came up, and on motion of
Mr. Evans, was passed by.
No. 142, A bill making appropriation to the university of Virginia,
came up, and on motion of Mr. Grattan, was passed by.
• A message was received from the senate by Mr. Gait, who informed
the house of delegates that the senate had passed a house bill entitled
an act to enable the common council of Charlottesville to erect water,
works, No. 175.
348
JOURNAL OF THE HOUSE OF DELEGATES.
A message was received from the senate by Mr. Coleman, who in¬
formed the house of delegates that the senate had passed a hill en¬
titled ah act to amend the 5th section of chapter-13 of the Code of
1860, as to the persons allowed t# administer oaths, No. 128; in
which they respectfully requested the concurrence of the house of
delegates.
No. 152, A hill to incorporate the Yalley railroad company, was
read a second time.
Mr. G-rattan moved to amend the hill hy striking out, in line 1,
section 2, the words " hundred thousand,"' and inserting the word
" million;" which was rejected.
Mr. G-rattan moved to amend the hill hy adding, in the 8th line of
section 4, after the word " company," the following : "And the said
depots shall he located and constructed at the points and in the mode
which will he most convenient for the delivery and receipt of freight
to or from the canal; and the same shall be executed in the manner
which shall be agreed upon hy the president and directors of the
said company and the president and directors'of the James river and
Kanawha canal company, or their successors, and in the event of their
disagreement, as shall be prescribed hy the board of public works."
Pending which,
On motion of Mr. Garnett, the hill was laid upon the table.
No. 158, Joint resolution in relation to a settlement with West
Virginia, came up, and on motion of Mr. Grattan, was laid upon
the table.
No. 160, A bill transferring &c. to Alexandria the interest of the
commonwealth in the Alexandria canal company, came up, and on
motion of Mr. Robertson, the bill was dismissed.
No. 161, A bill to revive and re-enact and amend the Pittsylvania
railroad company, came up, and on motion of Mr. A. J. Clark, the
bill "was passed by.
No. 164, A bill to incorporate the planters loan association, came
up, and on motion of Mr. W. T. Clark, the bill was passed by.
No. 166, A bill authorizing the increase of the capital stock of the
Virginia and Tennessee railroad confpany, was read a second time.
On motion of Mr. A. J. Clark, the bill was amended by striking out,
in the 3rd line, 1st section, the words "railroad company," and in¬
serting in lieu thereof the words " South-side, Norfolk and Petersburg
railroad companies."
On motion of Mr. A. J. Clark, the bill was amended by striking out,
in the 4th line, 1st section, where it last appears, the word "the,"
and inserting the word " each."
On motion of Mr. A. J. Clark, the bill was amended by inserting,
in line 6 th of section 1st, after the word "stock," the words "of each
company."
On motion of Mr. A. J. Clark, the bill was amended by striking
out, in 6th line of 1st section, the words " the amount of seven mil¬
lions of dollars," and inserting the words "cost of the same."
On .motion of Mr. \V. T. Clark, the bill was recommitted.
journal of the house of delegates. 349
No. 176j A bill to amend and re-enact an act to incorporate the
American agency, passed December 29th, 1861, came up, anc> on mo¬
tion of Mr. Dunnington, the bill was laid upon the the table..
No. 196, A bill authorizing the increase of the capital stock of the
Virginia and Tennessee railroad company, came up, and on motion of
Mr. W. T. Clark, the bill was dismissed.
On motion of Mr. Kellam, the house adjourned until to-morrow,,
eleven o'clock.
FRIDAY, February 16, 1866.
Prayer by Rev. Dr. J. E. Edwards of the Methodist Episcopal
church. ,
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as
follows:-
In senate, February 15, 1,866.
The senate have passed house bills entitled:
An act for the relief of L. A. Miller, late sheriff of Frederick
county, No. 111.
An act to amend and re-enact section 5 of chapter 209 of the Code
of 1860, No. 121.
No. 128, A senate bill entitled an act 'to amend the 5th section of
chapter 13 of the Code of 1860, as to the persons allowed to adminis¬
ter oaths, was read a first and second times, and referred to the com¬
mittee for courts of justice.
No. 125, A senate bill entitled an act to amend the 16th and 18th
sections of chapter 14, and the 51st section of chapter 213 of the
Code of 1860, so as to increase the compensation of the assistants,
clerk and interior guard of the penitentiary, reported from the com¬
mittee on the penitentiary, was placed on the calendar.
No. 264, A bill to prohibit the collection of taxes due before 1865,
for a limited time, reported from the committee on finance, was read
the first time, and placed on the calendar for a second reading.
The following bills, reported from the committee of roads and in¬
ternal navigation, were read the first time, and placed on the calendar
for a second reading:
No. 265, A bill conferring authority upon certain persons to erect
a toll bridge across the Pamunkey river, in Caroline county.
No. 266, A bill to incorporate the Old Dominion towing and trans¬
portation company.
The following bills, reported from the committee of propositions
and grievances, were read the first time, and placed on the calendar
for a second reading:
No. 267, A bill to incorporate the Shenandoah copper mining
company.
350
JOUKNAL OF THE HOUSE OF DELEGATES.
No. 268, A bill incorporating tbe Columbian manufacturing com¬
pany iif the city of Richmond.
No. 269, A bill authorizing the governor to hire out able-bodied
men, convicts in the penitentiary, to work in coal-pits, reported from
•the committee on the penitentiary, was read the first time, and placed
on the calendar for a second reading.
The following report from the committee of propositions and
grievances was agreed to:
The committee of propositions and grievances, to whom was referred
a petition for the relief of Orville Anderson of Albemarle county,
have had the same under consideration, and beg leave to report, that
they deem it inexpedient to legislate on this subject, and ask to be re¬
lieved from the further consideration of the same.
No. 166, A bill authorizing the increase of the capital stock of the
Virginia and Tennessee railroad company (heretofore recommitted),
was .reported from the committee of propositions and grievances, with
amendments, and placed on the calendar.
On motion of Mr. Word,
No. 152," A bill to incorporate the Valley railroad company (here¬
tofore laid upon the table), was taken up, and placed on the calendar.
Mr. Joynes offered the following resolutions:
Resolved, That it shall be the duty of the clerk of the house to ar¬
range the business on the calendar in two classes : in the first of which
shall be placed all business of a general character; and in the second
of which shall be placed all business of a local and private character,
including bills for the incorporation of joint stock companies—during
the residue of this session. *
Resolved, That Monday, Tuesday, Wednesday and Thursday of
each week, after the morning hour, shall be appropriated exclusively
to business of the first class, until all business of that class is.disposed
of; and that Friday and Saturday of each week, after the morning
hour, shall be appropriated exclusively to business of the second class,
until all business of that class is disposed of.
The house refused to refer the resolution; and it was agreed to by
a vote of two-thirds of the members present.
The following papers were presented and referred, under Rule 37:
By Mr. Ellis:
A bill to incorporate the Richmond and Newport News railroad
company; which Was referred to the committee of roads and internal
navigation.
By Mr. Baldwin:
A petition of the clerk of the hustings court of Staunton, and ac¬
companying bill: which were referred to the committee for courts of
justice.
By Mr. Teeter:
Resolved, That the committee of roads and internal navigation be
instructed to enquire into the expediency of authorizing by law the
board of public works to exchange for state bonds, at par, the state's
interest in works of internal improvement.
By Mr. Mosby:
JOURNAL OF THE HOUSE OF DELEGATES.
351
Resolved, That the committee of propositions and grievances en¬
quire into the expediency of requiring auctioneers selling animals, to
he responsible for the title thereof.
By Mr. "Wyatt:
Resolved, That the committee of roads and internal navigation be
instructed to enquire into the expediency of granting to James Hun¬
ter, Joseph M. Wyatt, William C. Tompkins, Joseph M. Seay and'
Thomas Hurt, of the county of Caroline, and to C. F. M. Garnett, of
the county of. Hanover, a charter for the erection of a toll bridge
across the North Anna river, between the counties of Caroline and
Hanover, at a point known as " Morris'," on the lands belonging to
the estate of Edward G. Mofris, deceased, of Caroline, and C. F. M.
Garnett, of Hanover county, with the usual privileges and liabilities.
By Mr. Ellis:
Resolved, That the committee for courts of justice enquire into the
expediency of so amending the several sections of chapter 151 of the
Code of I860, as that nonresidents of the state shall not be permitted
to attach any personal property of other nonresidents within the
limits thereof, for the purpose of securing the payment of debts due
or to become due; and report by bill or otherwise.
The»morning hour having expired, the house proceeded with busi¬
ness on the calendar.
On motion of Mr. Grattan, Rule No. 52 was suspended, and
* No, 264, A bill to prohibit the collection of taxes due before 1865,
for a limited time, was taken up out of its order on the calendar, and
(two-thirds of the members elect concurring), read a second .time, and
ordered to be engrossed to be read a third time.
The bill being forthwith engrossed, on motion of Mr. Grattan, Rule
No. 52 was suspended, and the bill was read a third time (two-thirds
of the members elect concurring), and passed—ayes 86.
The vote "was recorded as follows :
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekera, Bently, Booker, Bowles,
Braxton, Brown, Cabell, A.J. Clark, W. T: Clark, Childress, Daniel, Davis, Davidson,
Deskins, Dickenson, Dunnington, Ellis, English, Evans, Fields, Gibboney, Glendy, Graham,
Grattan, Graves, Gray, Hancock, Harris, Hansbrough, Hardy, Harnsberger, Herndon,
Holmes, Jackson, Jones, Kendrick, Kilby, Lee, Long, Mann, Marshall, Martin, McDonald,
Merritt, Miller, Moore, Morris, Mosby, Newberry, Owen, Parsons, Pate, Patterson, Peed,
Pendleton, Powell, Purdy, Rixey, Robertson, Scott, Seawell, Smith* Stearns, Straughan,
Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W. A.
Turner, Z. Turner, Waddell, Watkinsu White, Wilson, Woltz, Wood, Woodson, Wooldridge,
Word and Wyatt—86.
Mr. Grattan moved a reconsideration of the vote by which the bill
was passed; which was rejected.
Ordered, That Mr. Grattan carry the bill to the senate, and request
their concurrence.
The motion of Mr. White to reconsider the vote by which a senate
bill entitled an act to incorporate the Norfolk and St. N&zaire express
company of America and Europe, No. 61, was dismissed, came up,
and was rejected.
No. 117, A senate bill entitled an act to authorize the city council
352
JOURNAL OF THE HOUSE OF DELEGATES.
of Alexandria to issue its bonds in satisfaction of arrears of interest on
its funded debt, was read a third time and passed.
No. 101, A senate bill entitled an act for the relief of incorporated
colleges and other seminaries of learning of the state, came up, and on
motion of Mr. Watkins, the bill was passed by.
On motion of Mr. Gray, Rule No. 52 was suspended, and
No. 236, A bill to amend the 3d section of an act entitled an act
to incorporate the Chesterfield gas coal mining company, passed De¬
cember 21st, 186*5, was read a second time, and ordered to be engrossed
to be read a third dime.
No. 125, A senate bill entitled an act to amend the 16th and 18th
sections of chapter 14, and the 51st section of chapter 213 of the Code
of 1860, so as to increase the compensation of the assistants, clerk and
interior guard of the penitentiary, was read a third time and passed—
ayes 70; noes 14.
The vote was recorded as follows :
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Braxton, Brown, Cabell, A. J. Clark, W. T. Clark, Daniel. Davis, Davidson, Deskins, Dun-
nington, Ellis, English, Evans, Fields, Gibboney, Glendy, Graham, Grattan, Graves, Gray,
Hancock, Harris, Hardy, Harnsberger, Herndon, Holmes, Jackson, Jones, Joynes, Kel-
lam, Kilby, Lee, Long, McDonald, Merritt, Moore, Mosby, Owen, Pate, Patterson, Peed,
Pendleton, Powell, Purdy, Rixey, Robertson, Scott, Seawell, Smith, Straughan, otrayer,
Thompson, Tonnes, W. A. Turner, Z. Turner, Waddell, Watkins, White, Wilson, Wood,
Woodson, Word and Wyatt—70.
Noes—Messrs. Dickenson, Kendrick, Martin, Miller, Morris, Newberry, Parsons*
Stearns, J. McDowell Taylor, W. F. B. Taylor, Teeter, Trout, Woltz and Wooldridge—14.
The following engrossed bills were read a third time and passed ;
No. 215, A bill to incorporate the Baltimore and Virginia steam¬
ship company.
Mr. Garnett moved a reconsideration of the vote by which the bill
was passed ; which was rejected.
Ordered, That Mr. Garnett carry the same to the senate, and re¬
quest their concurrence.
No. 219, A bill to incorporate the Bank of the State of Virginia.
Mr. Lee moved a reconsideration of the vote by which the bill was
passed; which was rejected.
Ordered, That Mr. Lee carry the same to the senate, and request
their concurrence.
No. 220, A bill to incorporate the town of Jeffersonville in the
county of Tazewell. *
No. 238, A bill to incorporate the Southern fertilizing company.
No. 242, A bill to authorize a poll to be taken in King & Queen
county to ascertain the sense of the people of said county on the
question of the removal of the site of the seat of justice of said county,
and for other purposes connected therewith.
Mr. Jones moved a reconsideration of the vote by which bill No.
242 was passed; which was rejected.
Ordered, That Mr. J ones carry the same to the senate, and request
their concurrence.
Mr. Robertson moved a reconsideration of the vote by which a
JOURNAL OP THE HOUSE OP DELEGATES.
353
senate bill entitled an act to authorize the board of public works to
sell1 the interest of the commonwealth in the Alexandria canal, No.
122, was passed; which was rejected.
Ordered, That Mr. Kobertson carry the same to the senate, and
request their concurrence.
No. 141, A bill for the relief of the incorporated colleges and other
seminaries of learning of the state, came up, and on motion of Mr.
Watkins, was passed by.
No, 142, A bill making appropriation to the university of Virginia,
came up, and on motion of Mr. Wood, was passed by.
No. 152, A bill to incorporate the Valley railroad company, came
up, and on motion of Mr. Word, was passed by.
No. 161, A bill to revive and re-enact and amend the Pittsylvania
railroad company, came up, and on motion of Mr. Miller, was
passed by.
No. 164, A bill to incorporate the planters loan association, came
up, and on motion of Mr. Wilson, was passed by.
Mr. Wilson moved that the bill be printed; which was rejected.
No. 166, A bill authorizing the increase of the capital stock of the
Virginia and Tennessee railroad company, came up, and on motion of
Mr. A. J. Clark, was passed by.
A message was received from the senate by Mr. Power, who in¬
formed the house of delegates that the senate had passed a bill en¬
titled an act amending sections 21, 22, 23, 25, 27, 30, 32, 33 and 47,
chapter 101 of the Code (edition of 1860), concerning the taking and
planting, selling and buying of oysters, No. 110; in which they re¬
spectfully requested the concurrence of the house of delegates.
No. 191, A bill to authorize the reconstruction of the bridge,
lately burned, across the Eivanna river near Charlottesville, Vir¬
ginia, came up, and on motion of Mr. Wood, was passed by.
No. 205, A bill to authorize the circuit court of Accomack to
secure the sale of certain lands, was read a second time.
On motion of Mr. Joynes, the bill was amended by inserting after
the word " time" the Words " to time."
The bill was ordered to be engrossed to be read a third time.
No. 209, A bill to amend and re-enact chapter 22 of the Code of
Virginia, was read a second time'.
On motion of Mr. Booker, the bill was amended by inserting after
the word " peace" the words " attorneys for the commonwealth."
On motion of Mr. Evans, the' bill was amended by inserting after
the word " commonwealth" the word " physicians."
The bill was ordered to be engrossed to be read a third time.
Mr. G-rattan moved a reconsideration of the vote by which the bill
was ordered to be engrossed to be read a third time; which was
agreed to.
On motion of Mr. G-rattan, the bill was amended by inserting after
the word "sergeant" the words "and police."
On motion of Mr. Baylor, the bill was amended by inserting after
45
354
JOURNAL OF THE HOUSE OF DELEGATES.
the word "physicians" the words "one apothecary in each drug,
store."
On motion of Mr. Atkinson, the bill was amended by inserting after
the word "commonwealth" the words "licensed practising."
Mr. Braxton moved to amend the hill by adding at the end of the
1st section the words "and the rest of mankind which was rejected.
The bill was ordered to be engrossed to be read a third time.
No. 212, A bill to amend and re-enact the 9th section of chapter
63 of the Code of 1860, concerning mills, came up, and on motion of
Mr. Garnett, was dismissed.
No. 214, A bill to incorporate the Richmond savings bank and in¬
surance company came up, and on motion of Mr. Z. Turner, was passed
by. ,
No. 221, A bill to give effect to certain acts, contracts and proceed¬
ings during the late war, was read a second time.
On motions severally made by Mr. Baldwin, the bill was amended
by striking out the words " de facto," wherever they appear in the
biH.
On motion of Mr. Joynes, the bill was amended by inserting after
the word "executed" the words "all marriages."
The bill was ordered to be engrossed to be read a third-time.
No. 222, A bill to provide for printing and binding additional
copies of the Acts of former sessions, was read a second time.
On motion of Mr. Watkins, the bill was amended by adding at the
end of the same, as an independent section, the following:
"This act shall be in force from its passage."
The bill was ordered to bS engrossed to be read a third time.
No. 225, A bill to incorporate the American immigration and land
company, was read a second time.
On motion of Mr. Grattan, the bill was amended by striking out,
in section 3, the words "any of said states," and inserting the word
"Virginia."
Mr. W. T. Clark moved that the bill be passed by; which was re¬
jected.
On motion of Mr. Grattan, the bill was amended by striking out
the 8 th section.
The bill was ordered to be engrossed to be read a third time.
Mr. Booker moved that Rule No. 52 be suspended, in order to en¬
able him to move to take up, out of its order on the calendar,
No. 256, A bill in regard to the printing of acts of private incor¬
poration; which was rejected.
No. 227, A bill to amend the 47th section of chapter 58 of the
Code (edition 1860), came up, and on motion of Mr. Grattan, was
passed by.
No. 230, A bill to amend and re-enact section 32 of chapter 38 of
the Code of Virginia, was read a second time.
On motion of Mr. Merritt, the bill was amended by inserting after
the word "summoned," in the 20th line, the words'"for that pur¬
pose."
•JOURNAL OR THE HOUSE OF DELEGATES.
355
The bill was, ordered to be engrossed to be read a third time.
A message was received from the senate by Mr. Gilmer, who 'in¬
formed the house of delegates that the senate had concurred in the
amendment of the house to senate bill entitled an act to authorize the
board of public works to sell the interest of the commonwealth in the
Alexandria canal, No. 122.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed house bill entitled'
an act to prohibit the collection of taxes due before 1865 for a limited
period, No. 264, with an amendment; in which amendment they re¬
spectfully requested the concurrence of the house of delegates.
Mr. Grattan moved to suspend the rules to take up bill No. 264,
just returned from the senate; which was agreed to.
The bill was taken up.
On motion of Mr. Grattan, Rule 44 (which requires a reference of
the bill to a committee), was suspended, and the bill placed on the
calendar.
On motion of Mr. Grattan, Rule 52 was suspended, and bill No. 264
was taken up out of its order on the calendar.
The question being on agreeing to the amendment proposed by the
senate, was put, and decided in the negative—ayes 14; noes 61.
The vote was recorded as follows:
Ayes—Messrs. Browning, Joynes, Kendrick, Pendleton, Biggs, Bixey, Robertson,
Scott, Straughan, J. McDowell Taylor, Trout, Wilson, Woltz and Wooldridge—14.
Noes—Messrs. Baldwin (speaker), Atkinson, Bekem, Bently, Booker, Bowles, Brown,
Cabell, A. J. Clark, W. T. Clark, Childress, Daniel, Davison, Davidson, Deskins, DunningT
ton, English, Evans, Fields, Garrett, Gibboney, Glendy, Graham, Grattan, Graves, Gray,
Hancock, Harris, Hansbrough, Hardy, Herndon, Holmes, Jackson, Jones, Kilby, Lee,
Long, Mann, Martin, Magill, Merritt, Moore, Morris, Mosby, Newberry, Owen, Parsons,
Pate, Powell, Purdy, Smith, Stearns, Teeter, Thompson, Townes, W. A. Turner, Z. Tur¬
ner, Waddell, Watkins, Wood and Word—61.
Mr. Grattan moved a reconsideration of the vote by which the
amendment proposed by the senate was disagreed to; which was re¬
jected.
Orderedy That Mr. Grattan inform the senate of the action of the
house.
The following bills and joint resolutions were read a second time,
and ordered to be engrossed to be read a third time:
No. 204, A bill to amend and re-enact section 128 of the Code,
1860.
No. 206, A bill to amend and re-enact section 1 of chapter 51 of
the Code of 1860,
No. 207, A bill concerning the seals of the commonwealth, defining
their use, and the cases in which the tax,upon them is to be collected.
No. 208, A bill to incorporate the Tomahawk coal mining company.
No. 210, Joint resolution for extending for a time the use of the
law books in the state library.
No. 211, A bill modifying the charter of Washington college.
No! 213,' A bill to incorporate the industrial mining and manufac¬
turing company.
356
JOURNAL OF THE HOUSE OF DELEGATES.
No. 216, A bill to re-enact the 2d section of chapter 43 of the
Code (edition of 1860).
No. 217, A bill to repeal the 1st section of the act to repeal and
re-enact the 2d and 9th sections of the 42d chapter of the Code of
1860, and to re-enact the 2d section.
No. 218, A bill to amend and re-enact the 21st section of chapter
v36 of the Code (edition of 1860).
: No. 223, A bill granting permission to J. T. Burks and J. L.
Burks to improve New river.
No. 224, A bill to incorporate the citizens gas light company of
the city of Norfolk.
No. 226, A bill amending and re-enacting the 43d section of chap¬
ter 102 of the. Code of 1860, with regard to land warrants.
No. 228, A bill to amend the 2d section of chapter 27 of the
Code (edition of 1860).
No. 229, A bill to amend and re-enact the 3d and 5th sections of
chapter 96 of the Code of 1860.
No. 231, A bill for the relief of Dempsey Nash, clerk elect of the
circuit court of the city of Portsmouth, and James J. Henritzie,
clerk elect erf the circuit court of Eussell county.
No. 233, A bill declaring Hyco river to be a lawful fence in the
county of Halifax.
No. 232, A bill to amend and re-enact section 2 of chapter 52 of
the Code of 1860, was read a second time.
Mr. Davis moved that the bill be passed by; which was rejected. >
On motion of Mr. Merritt, the bill was amended by striking out,
in the 1st, 2d, 3d, 4th and 15th lines of the bill, the following:
" Be it enacted by the general assembly, That the 2d section of
chapter 52 of the Code of Virginia (edition of 1860) be amended and
re-enacted so as to read as follows:
In every county,"—and inserting in lieu thereof the following:
" Be it enacted by .the general assembly, That in every county in
which the county court, after having been summoned for that pur¬
pose, shall adopt the provisions of this law and."
The bill was ordered to be engrossed to be read a third time.
No. 234, A bill to provide for the establishment of a board of medi¬
cal examinees, was read a second time.
Mr. Ellis moved to amend the bill by adding, at the end of the 8th
section, the following: "and is actually a graduate of some incorpo¬
rated medical institution in the United States." Pending which,
Mr. Peed rqoved that the house do now adjourn; which was re¬
jected.
Mr. Lee moved the pending question; which was ordered.
The amendment of Mr. Ellis was rejected.
Mr. Booker moved that the bill be dismissed.
Mr. Pendleton moved the pending question; which was ordered.
The bill was dismissed.
On motion of Mr. Hansbrough, the house adjouned until to-mor¬
row, eleven o'clock.
journal of the house of delegates.
357
SATURDAY, February 17, 1866.
Prayer by Rev. Dr. J. E. Edwards of the Methodist church.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as
follows:
In senate, February 16, 1866,
The senate have passed house bill entitled:
An act to repeal certain parts of the act of May 14, 1862, and to
prescribe oaths to be taken in certain cases, No. 132.
They have agreed to the amendments to senate bills entitled:
An act in regard to abandoned turnpikes, No. 118.
An act to authorize a special police to search for stolen property,
No. 110, A senate bill entitled an act amending sections 21, 22, 23,
25, 27, 30, 32, 33 and 47, chapter 101 of the Code (edition of 1860),
concerning the taking and planting, selling and buying of oysters, was
read the first and second times, and referred to the committee on
finance.
No. 128, A senate bill entitled an act to amend the 5th section of
chapter 13 of the Code of.1860, as to the persons allowed to adminis¬
ter oaths, reported from the committee for courts of justice, was placed
on the calendar.
No. 271, A bill to amend and re-enact the 5th section, chapter 118
of the Code, reported from the committees* for courts of justice, was
read a first time, and placed on the calendar for a second reading.
No. 270, A bill imposing taxes for the support of government, re¬
ported from the committee on finance, was read the first time, and
placed on the calendar for a second reading.
. No. 272, A bill to authorize the erection of a bridge across the
North Anna river, in Caroline county, reported from the committee
of roads and internal navigation, was read the first time, and placed
on the calendar for a second reading.
The following report from the committee on finance was agreed to:
The committee on finance have, according to order, had under con¬
sideration a resolution "to enquire into the expediency of authorizing
the treasurer of the commonwealth to issue to the holders of state
bonds, certificates of indebtedness for the amount of six months' inte¬
rest, and allowing each certificate to be received in payment of taxes
to the commonwealth," and respectfully report, that they consider it
inexpedient to legislate on the subject at this time.
The Speaker laid before the house a communication from the regis¬
ter of the land office, in response to a resolution of the house of dele¬
gates, in reference to the number of patents issued; which, on motion
of Mr. Graham, was laid on the table.
On motion of Mr. English, leave of absence was granted Messrs.
Rixey and Robertson.
358
JOURNAL OF THE HOUSE OF DELEGATES.
Mr. Woodson offered the following resolution:
Resolved, That on and after Monday next this house will hold
night sessions, commencing at half past seven o'clock.
The question being on the reference of the resolution to a commit¬
tee, was put, and decided in the negative.
Mr. Watkins moved the pending question; which was ordered.
The resolution was rejected. -
Mr. Graham entered a motion to reconsider senate hill entitled an
act authorizing the payment of the contingent expenses of the board
of public works, No. 109.
The following papers were presented and referred, under Rule 37:
By Mr. Lewis:
A bill to amend the 14th section of chapter 123 of the Code, con¬
cerning descents and distributions; referred to the committee for courts
of jdstice.
By Mr. Lewis:
A bill to amend and rg-enact the 7th section of chapter 110 of the
Code, concerning dower; referred to the committee for courts of
justice.
'By Mr. Jones:
A bill to incorporate the Church Hill female seminary in the county
of Henrico; referred to the committee of schools and colleges.
By Mr. Baldwin:
Petition of the town of Staunton for transfer of certain escheated
lands to the town for a poor house; referred to the committee for
courts of justice.
By Mr. Wall:
A bill to authorize the common council of Winchester to borrow
money; referred to the committee of roads and internal navigation.
By Mr. Lewis:
Resolved, That the committee for courts of justice be instructed to
enquire into the expediency of reporting bills amending the 7t.h sec¬
tion of chapter 110 and the 14th section of chapter 123 of the Code,
concerning dower and descents and distributions.
By Mr. Fields: ,
Resolved, That the committee for courts of justice enquire into the
expediency of so amending the law in relation to attachments against
nonresident debtors, as to restrict the right to issue such attachments
to residents of this commonwealth.
The morning hour having expired, the house proceeded with the
business on the calendar.
The following engrossed bills were read a third time and passed:
No. 205, A bill to authorize the circuit court of Accomac, to de¬
cree the sale of certain lands.
Mr. Joynes moved a reconsideration of the vote by which the bill
was passed; which was rejected.
Ordered, That Mr. Joynes carry the bill to the senate, and request
their concurrence.
No. 208, A bill to incorporate the Tomahawk coal mining company.
JOURNAL OF THE HOUSE OF DELEGATES.
359
No. 211, A bill modifying the charter of Washington college.
Mr. Watkins moved a reconsideration of the vote by which the bill
was passed; which was rejected. . -
No. 213, A bill to incorporate the industrial mining and manufac¬
turing company.
No. 224, A bill to incorporate the citizens gas light company of the
city of Norfolk.
No. 225, A bill to incorporate the American immigration and land
company.
No. 231, A bill for the relief of Dempsey Nash, clerk elect of the
circuit court of. the city of Portsmouth, and James J. Henritzie, clerk
elect of the circuit court of Russell county.
No. 233, A bill declaring Hyco river to be a lawful fence in the
county of Halifax.
No. 236, A bill to amend the 3d section of an act entitled an act
to incorporate the Chesterfield gas coal mining company, passed De¬
cember 21st, 186*5.
No. 223,- An engrossed bill granting permission to J. T. Burks and
J. L. Burks to improve New river, came up, and on motion of Mr.
Pendleton, was passed by.
No. 152, A bill to incorporate the Valley railroad company, came
up, and on motion of Mr. Lee, was passed by.
No. 161, A bill to revive and re-enact and amend the Pittsylvania
railroad company, came up, and on motion of Mr. W. T. Clark, was
passed by.'
No. 164, A bill to incorporate the planters loan association, was
read a second time.
On motion of Mr. Wilson' the bill was amended by inserting in 5th
line of 3rd section, after the word "compensation," the words "not
exceeding those allowed by law\"
On motion of Mr. Z. Turner, the bill whs amended by striking out,
in 3rd line of 3rd section, the words "securities and credits."
On motion of Mr. Z. Turner, the bill was amended by striking out,
in 8th, 9th, 10th, 11th, 12th, 13th, 14th, 15th and 16th lines of 3rd
section, the words "securities or credits; and such rates of interest or
compensation may be made payable in money, or in a share of the
products or profits of the property given or pledged as security for
such loans and advances, or partly in money and partly in a share of
such product or profits, without creating any partnership, or joint li¬
ability between said association and said party or parties." ^
The bill was ordered to be engrossed to be read a third time.
A message was received from the governor by the secretary of the
commonwealth, in reference to an omission in a former message, of
naming the section for which each judge of the court of appeals was
nominated; which was referred to the committee for courts of justice.
No. 191, A bill to authorize the reconstruction of the bridge, lately
burned, across the Rivanna river near Charlottesville, Virginia, came
up, and on motion of Mr. Grattan, was passed by.
360
JOURNAL OF THIS HOUSE OF DELEGATES.
No. 214, A bill to incorporate the Richmond savings bank and in¬
surance company, was read a second time.
On motion of Mr. Z. Turner, the bill was amended by striking out,
in the 8th, 9th and 10th lines of 2d section, the words "receive en¬
dowments, to guarantee the payment of negotiable notes, bills of ex¬
change or other evidences of debt."
On motion of Mr. Z. Turner, the bill was amended by striking out,
in 3d line of section 4, the words "or guaranteeing."
On motion of Mr. Z. Turner, the bill was amended by inserting in
the 3d line of 4th section, after the word "purchasing," the word
"or."
On motion of Mr. Z. Turner, the bill was amended by striking out,
in the 6th, 7th and 8th lines of section 7, the following words: "and
the said officers and other stockholder shall not be incapacitated from
giving evidence in any suit to which said company mhy be a party, by
reason of their being stockholders."
The bill was ordered to be engrossed to be read a third time.
No. 235, A bill to incorporate the friendship fire company of
Alexandria, was read a second time, and ordered to be engrossed to
be read a third time.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had disagreed to the substitute
proposed by the house of delegates to senate bill entitled an act to
repeal the act passed June 22d, 1865, in relation to the salaries of
certain officers of government, and to revive certain sections of the
Code repealed by said act, No. 85, and asking for a committee of
conference to consider the subjects of disagreement between the two
houses. ^ 4
No. 237, A bill to incorporate the insurance and savings company
of Virginia, was read a second time, and on motion, was passed by.
Mr. Garnett moved a reconsideration of the vote by which bill No.
237 was passed by; "which was agreed to.
The bill again came up.
On tnotion of Mr. Z. Turner, the bill was amended by striking out,
in the 7th, 8th and 9th lines of section 2, the words "to contract for
reversionary payments, to guarantee the payment of promissory notes,
bills of exchange or other evidences of debt."
On motion of Mr. Z. Turner, the bill was amended by striking out,
in 3d line of section 4, the words "or guaranteeing."
On motion of Mr. Z. Turner, the bill was amended by inserting in
the 3d and 4th lines of section 4, after the word "purchasing," the
word "or."
On motion of Mr. Grattan, the bill was amended by striking out, in
the 6th, 7th and 8th lines of section 7, the following words: "And
the said officers and other stockholders shall not be incapacitated from
giving evidence in any suit to which said company may be a party, by
reason of their being stockholders."
On motion of Mr. Grattan, the bill was amended by inserting in
journal of the house of delegates.
361
4th line of 11th section, after the word "respectively," the words
" and the amount unpaid thereon."
On motion of Mr. Z. Turner, the hill was amended by striking out,
in the 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, 15th and
16th lines of section 14, the following: "which shall be a lien in the
nature of a mortgage on any real estate upon which the property may
be that may be insured, whether the property insured be real, per¬
sonal or mixed, if the said real estate belong to the party insured:
the lien to take effect whenever the said company shall file with the
clerk of the county wherein the property is situated, a memorandum
of the name of the individual insured, a description of said real
estate, and the amount of the premium note, to be docketed as judg¬
ments are by law authorized to be docketed; and it shall, be the duty
of said clerk to docket th$, same, upon payment of the fee authorized
by law for docketing a judgment."
On motion of Mr. Grattan, the bill was amended by striking out,
in the 1st, 2d, 3d and 4th lines of section 17, the following: "and is
hereby made perpetual: provided, nevertheless, that the legislature of
Virginia reserves to itself the power to alter, amend or repeal any of
the provisions thereof," and inserting in lieu thereof the following:
"and shall be subject to amendment, modification or repeal, at the
pleasure of the general assembly."
The bill was ordered to be engrossed to be read a third time.
. No. 240, A bill to incorporate the life insurance company of the
state of Virginia, was read a second time, and ordered to be engrossed
to be read a third time.
On motion of Mr. Gray, the house adjourned until Monday, eleven
o'clock.
MONDAY, February 19, 1866.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as fol¬
lows:
In senate, February 17, 1866.
The senate have passed house bills eatitled:
An act to incorporate the Prince William mining and manufactu¬
ring company, No. 172.
An act for the relief of John G.Miller, late sheritf of Frederick
county, No. 174.
An act declaring the James river and Kanawha canal a lawful fence
within the limits of the counties of Albemarle and Fluvanna, No. 182.
And they have passed, with an amendment, house bill entitled:
An act to incorporate the Pound gap bridge company, No. 178.
In which amendment they respectfully request the concurrence of
the house of delegates.
46
362
JOURNAL OF* THE HOUSE OF DELEGATES.
No. 178, An engrossed bill to incorporate the Pound gap bridge
company, returned from the senate with, an amendment, was referred
to the committee of propositions and grievances.
No. 85,- A senate bill entitled an act to repeal the act passed June
22, 1865, in relation to the salaries of certain officers of government,
and to revive certain sections of the Code repealed by said act, re¬
turned from the senate (the senate disagreeing to the substitute pro¬
posed by the house of delegates), with a resolution asking for a com¬
mittee of conference to consider the subjects of disagreement between
the two houses, was taken up.
The bill and accompanying resolution were referred to the commit¬
tee on finance.
The following report from the committee for courts of justice was
agreed to:
The committee for courts of justice have, according to order, had
under consideration the petition of the town of Staunton, for transfer
of certain escheated lands to the town for a poor house, and beg leave
to report, that they deem it inexpedient to legislate on the subject,
and respectfully ask to be relieved from the farther consideration of
the same.
No. 272, A bill concerning contracts payable in confederate treasury
notes, reported from the committee for courts of justice, was read the
first time, and placed on the calendar for a second reading.
The following bills, reported from the committee on roads and in¬
ternal navigation, were read the first time, and placed on the calendar
for a second reading:
No. 273, A bill to incorporate the Covington and, Ohio railroad
company (accompanied with a report).
No. 274, A bill to authorize the common council of Winchester to
borrow money.
The Speaker laid before the house a communication from Wm. H. C.
Ellis, tendering his resignation as a member of the house of delegates.
Mr. Powell offered the following resolution:
Resolved, That on any motion to amend or substitute for either
the stay law or tax bill, the mover shall be limited to five minutes to
advocate his motion; that those two bills, the first, then the other, he
made the special order of the day at one o'clock of each day, from
till finally disposed of. •
The resolution was referred* to the committee of propositions and
grievances.
The following papers were presented and referred, under Rule 37:
By Mr. Kellam:
Petition of John B. Smith and William Wigton, in regard to land
on Kegotank island; referred to the committee of propositions and
grievances.
By Mr. Kilby:
Petition of the trustees of Yeates free schools, &c., Nansemond
county, to sell their lands; referred to the committee of propositions
and grievances.
JOURNAL OF THE HOUSE OF DELEGATES.
S63
By Mr. English:
Petition of James J. Cole, jailor of Alexandria, and James R.
Cole, guard at jail at Alexandria; referred to the committee of
claims.
By Mr. Evans:
A bill to repeal the act amending the charter of the city of Ricbn
mond, passed February 7,1866; referred to the committee of proposi¬
tions and grievances.
By Mr. Evans:
A bill to amend the act passed March 18, 1861, entitled an act to
amend the charter of the city of Richmond; referred to the committee
of propositions and grievances.
A report of the committee for courts of justice (in relation to the
message of the governor, in which he nominates certain gentlemen for
judges of the court of appeals and the circuit courts), was read as fol¬
lows:
The committee for courts of justice, to whom was referred the mes¬
sage of the governor, nominating judges of the supreme court of ap¬
peals and of the circuit courts, and a subsequent message designating
the judicial section to which each "nominee for the court of appeals
was allotted, have had the same under their consideration, and' beg
leave to submit the following report:
The importance and novelty of the subject have made its considera¬
tion at once a difficult and a delicate task. To ascertain the duties
and functions of the general assembly, and, as indispensable to their
proper discharge, to enquire into the appropriate and correspondent
functions of a co-ordinate branch of the government, might well be
deemed a hard and invidious duty, had not the message of the gover¬
nor frankly acknowledged an existing difference of opinion as to the
proper construction of the clause in the constitution, which confers the
power of acting alike on himself and the general assembly. In the
same spirit of frankness, and with entire respect for the opinions and
action of the executive, we proceed to present our views of the sub¬
ject.
The clause of the constitution, by virtue of which we act on these
nominations, is in the following words: "The judges shall be chosen
by the joint vote of the two houses of the general assembly, from per¬
sons nominated by the governor/'
This language is incorporated in a constitution not yet two years
old, and we have not found, in the organic law of any other state, a
similar provision expressed in the same language. A correspondent
provision in the constitution of the United States, authorizing the
president to nominate, and by and with the advice and consent of the
senate, to appoint judges of the supreme court and other officers, is
different in its language, and .therefore cannot be coincident in its
meaning. The uniform and well known practice of the federal gov¬
ernment under this clause, cannot, as it seems to the committee, be
the practice which should be pursued under the clause of the consti¬
tution of Virginia.
364
JOURNAL OF THE HOUSE OF DELEGATES.
What, then, is the true meaning of this clause, and what is the
practice which should prevail?
It is obvious that the duty to be performed is of a two-fold charac¬
ter, and refers to the action both of the governor and the general
assembly. The action of the governor is preliminary and preparatory,
and should be such that the general assembly may follow and dis¬
charge its correspondent duty. The governor is to nominate—but he
must so nominate that the general assembly can make a choice from
the persons nominated. The essence of the governor's action is the
nomination—the essence of the action of the general assembly is its
choice. A nomination that does not enable the general assembly
fully and perfectly to perform its duty of choice, is not in our opinion
a constitutional nomination.
What, then, is the meaning of the word " chosen," as used in this
clause? It has, as we must think, the same meaning here that it hj,s
everywhere else, and no new or peculiar meaning. The word means a
selection of one thing or object from two or more. • It is the preference
which the mind expresses from a comparison of two or more things,
and necessarily implies the presence of those things. When our an¬
cestors, in the garden of Eden, partook of the forbidden fruit, in dis¬
regard of the command of their Maker, they made the memorable
and fatal choice between good and evil, which sealed the fate of their
descendants. On a later and more affecting occasion, the chosen peo¬
ple of G-od made the more memorable and more fatal choice, which
set the murderer free, and consigned to the cross the Saviour of the
world. The child, when he drops his marble to clutch the shining
gold, makes a choice; when he grows up to manhood and selects the
profession of law in preference to that of medicine, he makes a choice;
and he again makes a choice when he selects the spot where he wishes
to lie when life's dream is over. And this general assembly is con¬
strained. tq choose between their duty on the one hand and their anx¬
ious desire to meet the wishes of a co-ordinate branch of the govern¬
ment on the other.
Nor would the language of the constitution be satisfied by the con¬
struction which allows of the nomination of one person, and in case of
his rejection, then by a nomination of another. This would be surely
not a choice from persons nominated by the governor, but simply the
acceptance or rejection of a single person, and not a comparison and
choice between present and competing things. There can be no true
and legitimate choice, unless there are two or more objects or things
within our reach at the same time.
And we cannot but express our apprehension that the construction
we are contesting, would transfer in its practical operation the ap¬
pointing power to the executive. Such is the practical operation un¬
der the federal government, but we cannot think that such was the
intention of the framers of (*ur constitution. A jealopsy of the execu¬
tive is deeply impressed on the past history of the state and the spirit
of its institutions. During eighty-eight of the ninety years of its ex¬
istence, the choice of judges was made either by the representatives of
the people, or by the people themselves. It is only within the last
JOURNAL OF THE HOUSE OF DELEGATES.
365
two years that the executive has been allowed to participate- in it
at all.
Steadfast and unwavering as Virginia has always been to leave in
the hands of the people, or their immediate representatives, all possi¬
ble power, and grudgingly as it has always trusted the executive with
any authority or power, it cannot be supposed that the constitution
meant to dwarf the general assembly into a mere advisory council,
and to confer on the governor all the substantial power of appoint¬
ment. Looking to another clause of the constitution, which confers
on the executive the power of filling, during the recess of the general
assembly, all vacancies, no matter how or when they happen, it can¬
not be doubted that the governor may, on the rejection of his nominee
and the close of the session of the general assembly, appoint his fa¬
vorite to the office. At the next session of the general assembly, the
same form may be observed, and with the same result. We cannot
believe that a power so sweeping and so fatal is conferred on the exec¬
utive of the state. We cannot believe that the constitution gives the
power to an ambitious and unprincipled executive, if it had been our
misfortune to have had such a one in place of the present patriotic
.incumbent, to exclude from the bench, without check or control, all
its honesty, purity and independence, and to fill all judicial offices,
and to keep them filled, during his term of office, with his favorites
and creatures.
The executive and legislative departments may be allowed to have
j some jealousy of each other, but each should cheerfully accord to the
other all its rights and powers. The general assembly cannot, as we
think, make a constitutional choice until the governor nominates more
persons than one to each office. On the other hand, as we most re¬
spectfully suggest, the executive may, without derogation of dignity,
or any abuse or stretch of the nominating power, in each case present
a, plural nomination for our action.
It will be seen, that in the view which we take of this subject, it
was not proper for us to examine into the qualifications of the various
gentlemen nominated. We cheerfully express our belief, however,
that in most, if not in all the cases, the names presented to us are
such as to evince the wisdom and patriotic purpose of the;executive.
One main regret is that he did not send us more names of the same
sort for each office.
We recommend, in conclusion, the adoption by the house of dele*
gates of the following resolutions:
1. Resolved by the house of delegates, the senate concurring, That
the nomination of a single person for one judgeship is not such a nomi¬
nation as is contemplated by the constitution, and, therefore, that it
is not within our constitutional power to act on such nominations.
2. Resolved, That the Speaker of the house and the President of
the senate be requested to communicate the foregoing resolution to
the governor. _ . .
The question being on agreeing to the resolutions of the committee,
Mr. Cabell moved to amend the resolution by striking out all of the
same, and inserting in lieu thereof the following:
366
JOURNAL OF THE HOUSE OF DELEGATES.
Whereas it is of vital importance that the judiciary of the com¬
monwealth should be speedily organized; and whereas a difference of
opinion exists as to the number of persons who should be nominated
by the executive to the general assembly for judicial appointment:
the house of delegates, waiving said question, will, with the consent
of the senate, proceed, on Tuesday next, at one o'clock, to consider the
judicial nominations jjiade by the governor, and to confirm or reject
said nominations—proceeding with the elections in the order in which
the sections and circuits are numbered in the constitution.
Mr. Braxton moved the pending question; which was ordered.
The morning hour having expired, Mr. Garnett moved to pass by
the business on the calendar until the pending business be disposed of;
which was agreed to.
The question being on agreeing to the amendment of Mr. Cabell,
was put, and decided in the affirmative—ayes 53; noes 29.
On motion of Mr. Straughan, the vote was recorded as follows:
Ayes—Messrs. Atkinson, Bekem, Booker, Braxton, Brown, Cabell, A. J. Clark,
Davis, Davidson, Deskins, Dickenson, Fields, Garnett, Gibboney, Glendy, Graham, Gray,
Hancock, Harris, Hansbrough, Hardy, Harnsberger, Kendrick, Kilby, Lewis, Long,
McDonald, Magill, Miller, Moore, Morgan, Morris, Pate, Patterson, Pendleton, Powell,
Purdy, Biggs, Scott, Stearns, Straughan, J. McDowell Taylor, Teeter, Thompson, Townes,
Trout, W. A. Turner, Z. Turner, Watkins, White, Woltz, Wood and Word—53.
Noes—Messrs. Baldwin (speaker), Baylor, Bently, Bowles, W. T. Clark, Daniel, Da¬
vison, Dunnington, English, Evans, Graves, Jackson, Jones, Kellam, Lee, Mann, Mar¬
shall, Martin, Merritt, Newberry, Parsons, Peed, Seawell, Smith, Waddell, Wall, Wilson,
Woodson and Wooldridge—29.
The resolutions, a& amended, were agreed to.
Ordered, That Mr. Cabell carry the resolutions to the senate, and
request their concurrence.
The house proceeded with business on the calendar.
The motion of Mr. Graham to reconsider the vote by which the
house passed senate bill entitled an act authorizing the payment of
the contingent expenses of the board of public works, No. 109, came
up, and was agreed to.
The question being on the passage of the bill, on motion of Mr.
Graham, the bill was passed by.
Mr, Dunnington entered a motion to reconsider the vote by which
the resolution of Mr. Joynes (offered on Friday last), in reference to
the classification of business on the calendar, was agreed to.
f No. 101, A senate bill entitled an act for the relief of the. incorpo¬
rated colleges and other seminaries of learning of thD state, came up,
and on motion of Mr. Baylor, was passed by.
No. 37, A senate bill entitled an act to amend and re-enact the 9th
section of chapter 103 of the Code of Virginia for 1860, defining a
mulatto, providing for the punishment of offences by colored persons,
and for the admission of their evidence in legal investigations, and to
repeal all laws in relation to slaves and slavery, and for other pur¬
poses, came up.
The substitute proposed by the committee for courts of Justice was
agreed to.
JOURNAL OF THE HOUSE OF DELEGATES,
367
The hill was ordered to he read a third time.
No. 258, A hill in relation to the testimony of colored persons, was
read a second time, and -ordered to he engrossed to he read a third
time.
No. 39, A senate hill entitled an act to repeal an act entitled an
act relating to witnesses, passed hy the general assembly of there-
stored government of Virginia on the 29th day of January 1864,
came up.
The question heing on agreeing to the substitute proposed hy the
committee for courts of justice,
On motion of Mr. Baldwin, the substitute was amended hy insert¬
ing'in the 1st line of 1st section, after the word "assembly," the
words "no person shall he incompetent as a witness on the ground of
interest, and."
On motion of Mr. Joynes, the substitute was amended hy inserting
in the 13th line of 2d section, after the word "party," the words "dr
unless the deposition of the first named party was taken before his
death, insanity, or other incompetency, and is read in the cause.-"
On motion of Mr. Joynes, the hill was amended hy adding at the
end of the 21st line of 2d" section, the following: "or where the de¬
position of the decedent, insane person or convict hasffieen taken and
is read in the cause."
The question heing on agreeing to the substitute as auiended,
Mr. W. T. Clark moved the pending question; which, was ordered;
and heing put, was decided in the affirmative.
The hill was ordered to he read a third time.
A message was received from the senate by Mr. Power, who in- -
formed the house that the senate had passed house hill' entitled an act
to amend and re-enact and repeal *certain sections of the Code of Vir¬
ginia, in relation to pilots, No. 123.
A message was received from the senate hy Mr. Keen, who informed
the house of delegates that the senate had agreed to the resolution of
the house in relation to the judicial nominations made hy the gover¬
nor, with an amendment; in which amendment they respectfully re¬
quested the concurrence of the house of delegates.
No. 22, A senate hill entitled an act to amend and re-enact the 4th
section of chapter 141 of the Code of Virginia (edition of 1860),»came
up.
The question heing on agreeing to the first amendment proposed by
the committee on finance," which is to strike out, in the 10th line of 1st
section, the word "eight," and insert the word "nine,"
Mr. White moved to amend the amendment of the committee on
finance, hy striking out "nine," and inserting "ten." Pending which,
On motion of Mr. Z. Turner, the house adjourned until to-morrow,
eleven o'clock.
368
journal of the house of delegates.
TUESDAY, February 20, 1866.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as
follows:
In senate, February 19, 1866.
The senate have passed house bill entitled:
An act in regard to the Rockingham turnpike company, No. 151.
* They have passed a bill entitled*:
An act to amend and re-enact the 1st section of an act passed 15th
December 1865, entitled an act for the relief of Henry Stephenson of
Frederick county, No. 138.
In which bill they respectfully request the concurrence of the house
of delegates! x
And they have agreed to the amendments of the house of delegates
to bill entitled:
An act extending the time for rebuilding or repairing any mills,
manufactory, machine or engine destroyed by fire, or which may have
become unfit ffir use during the late civil war, No. 107.
\
No. 138, A senate bill entitled an act to amend and re-enact the
1st section of an act passed 15th December 1865, entitled an act for
the relief Henry Stephenson of Frederick county, was read the first
time, and referred to the committee for courts of justice.
No. 85, A senate bill entitled an act to repeal the act passed June
22, 1865, in relation to the salaries of certain officers of government,
and to revive certain sections of the Code repealed by said act, was
reported back from the committee on finance, with a recommendation
that the house of delegates concur in the resolution of the senate in
relation to a committee of conference to consider the subjects of disa-.
greement between the two houses; and placed oh the calendar.
No. 110, A senate bill entitled an act amending sections 21, 22, 23,
25, 27, 30, 32, 33 and 47, chapter 101 of the Code (edition of 1860),
concerning the taking and planting, selling and buying oysters, re¬
ported from the committee on finance, with an amendment, was
placed on the calendar.
The following bills, reported from the committee for 'courts of jus¬
tice, were read the first time, and placed on the calendar for a second
reading:
No. 275, A bill to amend and re-enact the 41st section of chapter
171 of the Code of Virginia.
No. 276, A bill to amend and re-enact the 20th section of chapter
199 of the Code of 1860, in regard to "witnesses in prosecutions for
unlawful gaming.
No. 278, A bill to incorporate the Church Hill female seminary in
the county of Henrico, reported from the committee of schools and
colleges, was read the first time, and placed on the calendar for a
second reading.
JOURNAL OF THE HOUSE OF DELEGATES.
369
The following bill and joint resolution, reported from the commit¬
tee on finance, were read the first time, and placed on the calendar
for a second reading:
No. 277, A bill to provide for funding the interest upon the public
debt.
No. 279, Joint resolution in relation to the debt due to the state
from Selden, Withers & Co.
The following bills, reported from the committee of propositions
and grievances, were read the first time, and placed on the calendar
for a second reading:
No. 280, A bill to amend the act passed March 18th, 1861, entitled
an act to amend the charter of the city of Richmond.
No. 281, A bill to repeal the act amending the charter of the city
of Richmond, passed February 7th, 1866.
The following report from the committee on finance was agreed to:
The committee on finance have, according to order, had under con¬
sideration a resolution "to enquire into the expediency of authorizing
the county courts of this commonwealth to provide in the county
levy for the payment of the persons associated with the agent of the
freedmen's bureau in the settlement of all accounts in which freed-
men are interested," and respectfully report, that they consider it
inexpedient to legislate on the subject at this time.
The following reports from the committee for courts of justice were
agreed to:
The committee for courts of justice have, according to order, had
under consideration a resolution providing for granting appeals, &c.,
in civil cases without security, where the party applying is unable to
give security, and beg leave to report, that they deem it inexpedient
to legislate on the subject, and respectfully ask to be relieved from
the further consideration of the same.
The committee for courts of justice have, according to order, had
under consideration a bill for publishing the laws in newspapers, and
beg leave to report, that they deem it inexpedient to legislate on the
subject, and respectfully ask to be relieved from the farther con¬
sideration of the same.
The committee for courts of justice have, according to order, had
under consideration a resolution making it unlawful for a freedman
to give a deed of trust or other pledge in certain cases to the preju¬
dice of their employers, and beg leave to report, that they deem it
inexpedient to legislate on the subject, and ask to be relieved from
the further consideration of the same.
The committee for courts-of justice have, according to order, had
under consideration a resolution for taking depositions of telegraph
operators, railroad employees, &c., and beg leave to report, that they
deem it inexpedient to legislate on the subject, and ask,to be relieved
from the further consideration of the same.
The resolution of th'e house in relation to the judicial nominations
made by the governor, returned from the senate with an amendment,
was taken ub.
47
370
JOURNAL OF THE HOUSE OF DELEGATES.
Mr. Watkins moved to amend the amendment of the senate by
striking out the words " Saturday next, at one o'clock," and inserting
" to-morrow, at twelve o'clock."
Mr. Dunnington moved the pending question; which was ordered.
The amendment of Mr. Watkins was agreed to.
The resolution, as amended, was agreed to.
Ordered, That Mr. Watkins carry the resolution to the senate, and
request their concurrence.
The motion of Mr. Dunnington to reconsider the vote by which
the resolution of Mr. Joynes classifying the business on the calendar,
came up, and was rejected.
The following papers were presented and referred, under Rule 37:
By Mr. Dunnington:
A bill to incorporate the contractors association; referred to the
committee of propositions and grievances.
By Mr. Merritt:
Resolved, d^hat the committee for courts of justice he instructed to
^enquire into the expediency of allowing the county court of Bruns¬
wick county to levy on the county for a sum sufficient to pay the
citizens who have served or may serve in the freedmen's court, a rea-.
sonable compensation for their services.
By Mr. Martin:
Resolved, That the committee for courts of justice enquire into
the.expediency bf enacting a law allowing a fee of to justices of
the peace on all warrants tried by them, where the commonwealth is
not a party.
By Mr. Bowles:
A bill to incorporate the Virginia guano company; referred to the
committee on agriculture and manufactures.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
No. 101, A senate bill entitled an act for the relief of the incorpo¬
rated colleges and other seminaries of learning of the state, came up,
and on motion of Mr. Graham, was passed by.
No. 128, A senate bill entitled an act to amend and re-enact the
5th section of chapter 13 of the Code of 1860, as to the persons al¬
lowed to administer oaths, was read the third time and passed.
No. 109, A senate bill entitled an act authorizing the payment of
the contingent expenses of the board of public works, came up, and
on motion of Mr. G-rattan, was committed to the committee'of roads
and internal navigation.
No. 22, A senate bill entitled an act to amend and re-enact the 4th
section of chapter 141 of the Code of Virginia (edition of 1860), be¬
ing the unfinished business of yesterday, came up.
The question being on the amendment of Mr. White to the amend¬
ment of the committee on finance, was put, and decided in the nega¬
tive.
The question recurring on the first amendment of the committee on
finance, was-put, and decided in the negative.
JOURNAL OP THE HOUSE OP DELEGATES.
371
4 The question being on the second amendment of the committee on
finance,
Mr. Kilby moved the pending question; which was ordered; and the
second amendment of the committee on finance was rejected.
Mr. J oynes moved to amend the bill by adding at "the end of section
4 the following words: "and bills of exchange and other negotiable
paper not having more than six months to run, may be discounted,
purchased or sold before maturity, at any rate of interest not exceed¬
ing ten dollars for one hundred dollars for a year." .
Mr. Pendleton moved the pending question; which was ordered;
and the amendment of Mr. Joynes was rejected.
Mr. Kellam moved to amend the bill by adding at the end of sec¬
tion 1 the following proviso: "provided this act shall not apply to the
counties of Accomack and Northampton; which was rejected.
The bill was read a third time; and the question being—Shall the
bill pass P was put, and decided in the negative—ayes 44; noes 45.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor,-Booker, Bowles, Braxton, Brown,
A. J. Clark, W. T. Clark, Davis, Davison, English, Evans, Garnett, Glendy, Graham,-Grattan,
Hancock, Hansbrough, Hardy, Herndon, Joynes, Kilby, Langhorne, Lee, Lewis, Marshall,
Magill, Merritt, Miller, Morris, Pate, Scott, Stearns, Townes, Z. Turner,' Waddell, Wall,
White, Wilson, Woodson, Wooldridge and Wyatt—44.
Noes—Messrs. Bekem, Bently, Cabell, Childress, Daniel, Davidson, Deskins, Dickenson,
Dunningtoh, Fields, Gibboney, Graves, Gray, Harnsberger, Jackson, Jones, Kellam, Ken-
drick, Long, Mann, McDonald, Moore, Morgan, Newberry, Owen, Parsons, Peed, Pendle¬
ton, Powell, Purdy, Biggs, Seawell, Smith, Straughan, Strayer, J. McDowell Taylor, W.,
F. B. Taylor, Teeter, Thompson, Trout, W. A. Turner, Watkins, Woltz, Wood and Word—
45. .
Mr. Wood moved a reconsideration of the vote by which the bill
was rejected; which was agreed to.
On motion of Mr. G-rattan, the bill was passed by.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had agreed to the amendment
of the house to joint resolutions in relation to the judicial nomina¬
tions of the governor, with an amendment; in which they requested
the concurrence of the house of delegates.
The joint resolutions were taken up, and the following amendment
of the senate was agreed to: - . _
Strike out the words "to-morrow, at twelve o'clock," and insert in
lieu thereof the words " Thursday, at one o'clock."
The following senate bills were read a third time and passed:
No. 37, A senate bill entitled an act to amend and re-enact the
9th section of chapter 103 of the Code of Virginia for 1860, defining
a mulatto, providing for the punishment of offences by colored ^per¬
sons, and for the admission of their evidence in legal investigations,
and to repeal all laws in relation to slaves and slavery, and for other
purposes.
No. 39 A senate bill entitled an act to repeal an act entitled an
act relating to witnesses, passed by the general assembly of the re¬
stored government of Virginia on the 29th day of January 1864.
372
JOUKNAL OF THE HOUSE OF DELEGATES.
No. 258, An engrossed Mil in relation to the testimony of colored
persons, was read a third time and passed.
No. 85, A senate hill entitled an act to repeal the act passed June
22d, 186*5, in relation to the salaries of certain officers of government,
and to revive certain sections of the Code repealed by said ac£, came
np, and the following resolution of the senate was agreed to:
Resolved, That (with the concurrence of the house of delegates)
a committee of conference, consisting of three on the part of the
senate, and five on the part of the house of delegates, he appointed
to consider the subjects of disagreement between the two houses on
' the senate bill entitled an act to repeal the act passed June 22d,
1865, in relation to the salaries of certain officers of government, and
to revive certain sections of the Code repealed by said act, No. 85.
No. 110, A senate bill entitled an act amending sections 21,22,23,
25, 27, 30, 32, 33 and 47, chapter 101 of the Code (edition of 1860),
concerning the taking and planting, selling and buying of oysters,
came up.
The following amendment of the committee was agreed to:
In section 30, line 2, after the words "twenty-fifth," insert the
words "twenty-sixth."
The bill was read a third time and passed—ayes 83.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bently, Booker, Bowles, Braxton,
Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel, Davis, Davison, Deskins,
Dickenson, Dunnington, English, Evans, Fields, Garnett, Gibboney, Glendy, Graham,
Grattan, Graves, Gray, Hancock, Harris, Hansbrough, Hardy, Harnsberger, Herndon,
Jackson, Joynes, Kellam, Kendrick, Kilby, Langhorne, Lee, Long, Mann, Marshall, Mar¬
tin, McDonald, Magill, Merritt, Miller, Moore, Morris, Newberry, Owen, Parsons, Pate,
Patterson, Peed, Pendleton, Powell, Purdy, Biggs, Seawell, Smith, Stfearns, Straughan,
Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, W. A. Turner,
Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz, Wood, Wooldridge, Word and
Wyatt—83.
No. 222, An engrossed bill to provide for printing and binding ad¬
ditional copies of the Acts of former sessions, came up.
The question being on the passage of the bill, was put, and decided
in the negative—ayes 8; noes 71.
The vote was recorded as follows:
Ayes—Messrs. Davison, Dunnington, Glendy, Jones, W. A. Turner, Watkins, Wood and
Wooldridge—8.
Noes—Messrs. Baldwin (speaker), Atkinson, Bently, Booker, Bowles, Braxton, Brown,
Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel, Davis, Deskiri*s, Dickenson,
English, Evans, Fields, Garnett, Gibboney, Graham, Graves, Gray, Hancock, Harris, Hans¬
brough, Hardy, Harnsberger, Herndon, Jackson, Joynes, Kellam, Kendrick, Kilby, Lang¬
horne, Lee, Lewis, Long, Martin, McDonald, Magill, Merritt, Miller, Moore, Morris,
Owen, Parsons, Pate, Patterson, Peed, Pendleton, Powell, Purdy, Biggs, Scott, Smith,
Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes,
Trout, Z. Turner, Waddell, White, Wilson, Woltz and Word—71.
Mr. Joynes moved a reconsideration of the vote by which bill No.
222 was rejected; which was agreed to.
The question being on the passage of the bill,
On motion of Mr. Joynes, the bill was recommitted.
The following engrossed bills were read a third time and passed:
JOURNAL OF THE HOUSE OF DELEGATES.
373
No. 204, Ai^ engrossed bill to amend and re-enact section 12 of
chapter 128 of the Code of 1860.
No. 206, An engrossed bill to amend and re-enact section 1 of chap¬
ter 51 of the Code of 1860.
No. 207, An engrossed bill concerning the seals of the common¬
wealth, defining their use and the cases in which the tax upon them
is to be collected—ayes 70.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Bekem, Bently, Booker, Bowles, Cabell,
A. J. Clark, W. T. Clark, Childress, Daniel, Davis, Davison, Deskins, Dunnington, English,
Evans, Garnett, Glendy, Grattan, Graves, Harris, Hardy, Harnsberger, Herndon, Jackson,
Jones, Joynes, Kellam, Kendrick, Kilby, Lee, Lewis, Long, Marshall, Martin, McDonald,
Magill, Merritt, Moore, Morgan, Morris, Newberry, Owen, Parsons, Pate, Patterson,
Peed, Bendleton, Purdy, Riggs, Scott, Smith, Stearns, Strayer, J. McDowell Taylor, W. F.
B. Taylor, Teeter, Thompson, Townes, W. A. Turner, Waddell, Wall, Watkins, Wilson,
Woltz, Woodson, Wooldridge, Word and Wyatt—70.
No. 209, Ail engrossed bill to amend and re-enact chapter 22 of the
Code of Virginia.
No. 210, Joint resolution for extending, for a limited time, the use
of the law books in the state library.
No. 216, An engrossed bill to re-enact the 2d section of chapter 43
of the Code (edition of 1860).
No. 217, An engrossed bill to repeal the 1st section of the act to
repeal and re-enact the 2d and 9th sections of the 42d chapter of the
Code of 1860, and to re-enact the said 2d section.
No. 218, An engrossed bill to amend and re-enact the 21st section
of chapter 36 of the Code (edition of 1860).
No. 221, An engrossed bill to give effect to certain acts, contracts
and proceedings during the late war.
No. 226, An engrossed bill amending and re-enacting the 43d sec¬
tion of chapter 112 of the Code of 1860, with regard to land warrants.
No. 228, An engrossed bill to amend the 2d section of chapter 27
of the Code (edition of 1860)—ayes 81.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brown,
Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel, Davis, Deskins, Dickenson,
Dunnington, English, Evans, Fields, Gibboney, Glendy, Graham, Grattan, Graves, Gray,
Hancock, Harris, Hansbrough, Hardy, Harnsberger, Herndon, Jackson, Jones, Joynes,
Kellam, Kendrick, Kilby, Langhorne, Lee, Lewis, Long, Marshall, Martin, McDonald,
Magill, Merritt, Miller, Moore, Morgan, Morris, Newberry, Parsons, Pate, Patterson,
Peed, Pendleton, Powell, Purdy, Scott, Smith, Straughan, Strayer, J. McDowell Taylor,
W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Waddell,
Wall, Watkins, White, Wilson, Woltz, Wood, Woodson, Wooldridge and Word—81.
No. 229, An engrossed bill to amend and re-enact the 3d and 5th
sections of chapter 96, Code of 1860.
No. 230, An engrossed bill to amend and re-enact section 32 of
chapter 38 of the Code of Virginia.
No. 232, An engrossed bill to amend and re-enact section 2 of
chapter 52 of the Code of 1860—ayes 59; noes 16.
The vote was recorded as follows:
Ayes Messrs. Baldwin (speaker), Atkinson, Bekem, Browning, Cabell, A. J. Clark,
374
JOURNAL OF THE HOUSE OF DELEGATES.
W. T. Clark, Daniel, Davis, Deskins, Dunnington, English, Evans, Garnett, Gibboney,
Glendy, Graham, Grattan, Gray, Hardy, Herndon, Jones, Joynes, Kilby, Langhorne, Lee,
Lewis, Marshall, McDonald, Magill, Merritt, Miller, Moore, Morgan, Newberry, Owen,
Parsons, Pate, Patterson, Pendleton, Powell, Purdy, Scott, Seawell, Smith, Straughan,
W. F. B. Taylor, Teeter, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins,
White, Wilson, Wood and Word—59.
Noes—Messrs. Bowles, Fields, Graves, Harris, Hansbrough, Jackson, Kellam, Kendrick,
Long, Martin, Morris, Peed, Strayer, Thompson, Woltz and Woodson—16.
No. 141, A bill for the relief of the incorporated colleges and other
seminaries of learning of the state, came up, and on motion of Mr.
Watkins, was passed by.
No. 142, A bill making appropriation to tbe university of Virginia,
was read a second time, and ordered to be engrossed to be read a third
time.
A message was received from the senate by Mr. Trout, who informed
the house of delegates that the senate had passed a house bill entitled
an act authorizing the governor to lease out the armoi'y grounds, and
provide barracks for the public guard, &c., No. 112, with amendments;
in which they respectfully requested the concurrence of the house of
delegates.
No. 227, A bill to amend the 47th section of chaptsr 58 of the
Code (edition of 1860), was read a second time.
v Mr. W. T. Clark submitted an amendment in the nature of a
substitute.
Mr. Bently moved the pending question; which was ordered.
The amendment of Mr. W. T. Clark was rejected.
The bill was ordered to be engrossed to be read a third time.
No. 241, A bill repealing, amending and re-enacting the 1st and
2d sections of chapter 62 of the Code of 1860, in relation to waste
and unappropriated lands, was read a second time.
Mr. Kellam moved that the bill be recommitted; which was re¬
jected.
The bill was ordered to be engrossed to be read a third time.
The following bills were read a second time, and ordered to be en¬
grossed to be read a third time:
No. 246, A bill to amend and re-enact the 33d and 34th sections
of chapter 49 of the Code of 1860.
No. 247, A bill to amend and re-enact the 6th section, chapter 151
of the Code, relating to attachments.
Mr. Fields moved that the house do now adjourn; which was re¬
jected.
No. 248, A bill in regard to commissioners of the revenue.
Mr. Garnett moved that the house do now adjourn; which was re¬
jected.
No. 253, A bill to amend and re-enact section 39 of chapter 184 of
the Code, was read a second time.
On motiqn of Mr. Miller, the bill was amended by inserting after
"Ndttoway" the word "Powhatan."
On motion of Mr. Pate, the bill was amended by inserting after
"Powhatan" the word "Bedford."
JOURNAL OF THE HOUSE OF DELEGATES.
375
On motion of Mr. Long, the bill was amended by inserting after
"Bedford" the word "Page."
On motion of Mr. Scott, the bill was amended by inserting after
"Page" the words "Charlotte, Lunenburg."
Mr. Joynes submitted an amendment in the nature of a substitute;
which was agreed to.
The bill, as amended, was ordered to be engrossed to be read a third
time.
No. 254, A bill to provide for the liabilities of the lunatic asylum
at Williamsburg, incurred prior to the 1st day of July 1865, came up,
and on motion of Mr. Smith, was passed by.
On motion of Mr. Peed, the house adjourned until to-morrow,
eleven o'clock.
WEDNESDAY, FEBBUARY 21, 1866.
The journal was read by the clerk.
• A communication from the senate, by their clerk, was read as fol¬
lows:
In senate, February 20, 1866.
The senate have agreed to the amendments proposed by the house
of delegates to senate bills entitled:
An act to regulate contracts for labor between white and colored
persons, and to impose a fine on persons enticing laborers from the
service of their employers under such contracts, No. 38.
An act to authorize the city council of Alexandria to issue its
bonds in satisfaction of arrears of interest on its funded debt, No.
H7.
And they have passed a bill entitled:
- An act to incorporate the commercial insurance and savings com¬
pany of Petersburg, No. 139.
In which bill they respectfully request the concurrence of the
house of delegates.
No. 139, A senate bill entitled an act to incorporate the commer¬
cial insurance and savings company of Petersburg, was read the first
and, second times, and referred to the committe of propositions and
grievances.
The Speaker appointed the following gentlemen as the committee
of conference on the part of the house of delegates to consider the
subjects of disagreement between the two houses on
No. 85, A senate bill entitled an act to repeal the act passed June
22; 1865, in relation to the salaries of certain officers of government,
and to revive certain sections of the Code repealed by said act:
Messrs. Grattan, Pendleton, Catkins, Garnett and Z. Turner.
No. 178, An engrossed bill to incorporate the Pound gap bridge
376
JOURNAL OF THE HOUSE OF DELEGATES.
company, reported from the committee of propositions and grievances,
with a recommendation that the house of delegates concur in the
amendment proposed by the senate, was placed on the calendar.
No. 112, An engrossed bill authorizing the governor to lease out
the armory grounds, and provide barracks for the public guard, &c.,
returned from the senate with amendments, was referred to the com¬
mittee on the armory.
The following senate bills, reported from the committee on banks,
were placed on the calendar:
No. 76, A senate bill entitled an act to incorporate the farmers and
miners savings bank of Alleghany at Covington.
No. 80, A senate bill entitled an act to incorporate the planters
savings bank of the city of Richmond.
No. 113, A senate bill entitled an act to incorporate the Rockbridge
savings institution at Lexington, Virginia.
No. 73, A senate bill entitled an act to incorporate the Botetourt
savings institution of Buchanan, with an amendment.
The following report from the committee on banks, was agreed to:
The committee on banks, to whom was referred the resolution "en¬
quiring into the condition of the savings banks of the state, and what
is necessary for the relief of the depositors," have, according to order,
had the same under consideration, and beg leave to respectfully re¬
port, that they deem it inexpedient at this time to legislate further on
the subject.
The following bills, reported from the committee of propositions and
grievances, were read the first time, and placed on the calendar for a
second reading:
No. 282, A bill to incorporate the contractors association.
No. 284, A bill to authorize the trustees of Yeates free schools to
sell lands, &cl
The following reports from the committee of propositions and
grievances were agreed to:
The committee of propositions and grievances have had under con¬
sideration the reeolution to them referred, proposing to change the
rules so as to limit speeches on the stay law and the tax bill to five
minutes, and to make these bills the special order of the day, and re¬
commend that no legislation thereon is needed, and ask to be dis¬
charged from the further consideration of the subject.
The committee of propositions and grievances have, according to
order, had under consideration the resolution to them referred, relative
to the requiring u auctioneers selling animals to be responsible for the
title thereof," and report, that it is inexpedient to legislate on the sub¬
ject, and ask to be discharged from the further consideration thereof.
No. 283, A bill to incorporate the Virginia guano company, reported
from the committee on agriculture and manufacturers, was read the
first time, and placed on the calendar for a second reading.
Mr. G-rattan offered the following resolution:
Resolved, That so much of the 85th rule as forbids any communi¬
cation being made to the senate in relation to any action of the house
JOURNAL OF THE HOUSE OF DELEGATES.
377
while it remains open for reconsideration, be suspended for the re¬
mainder of this session.
The house refused to refer the resolution, and it was agreed to.
The following papers were presented and referred, under Eule 37:
By Mr. Davis:
A bill amending the charter of the Virginia immigration and land
company; referred to the committee of propositions and grievances.
By Mr. Martin:
Petition of the people of James City county, for relief of taxes to
rebuild courthouse; referred to the committee of propositions and
grievances.
By Mr. Watkins:
Resolved, That the committee on finance enquire into the expe¬
diency of providing by law, 1st, that the railroad companies be
allowed to discharge their indebtedness to the state with certificates
of debt (31*the state; and 2d, that the board of public works be auJ
thorized to exchange the stock held by the state in railroad companies
for certificates of indebtedness of the state of Virginia.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
No. 101, A senate bill entitled to act for the relief-of the incor¬
porated colleges and other seminaries of learning of the state, came
* up, and on motion of Mr. Baylor, was passed by.
On motion of Mr. Grattan, Rule No. 52 was suspended, and
No. 270, A bill imposing taxes for the support of government, was
taken up, and read a second time.
Mr. Grattan moved to amend the bill by striking out, in the 2d
line of 2d section, the word "fourteen," and inserting "forty."
The question being on agreeing to the amendment, was put, and
decided in the negative—ayes 9; noes 82.
On motion of Mr. White, the vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), W. T. Clark, Evans, Grattan, Hardy, Herndon, Lee,
Purdy and Waddell—9.
Noes—Messrs. Atkinson, Baylor, Bekem, Bently, Booker, Bowles, Braxton, Brown,
Browning, Cabell, A. J. Clark, Childress, Daniel, Davis, Davison, Davidson, Deskins, Dick¬
enson, Dunnington, English, Fields, Garnett, Glendy, Graham, Graves, Gray, Hancock,
Harris, Hansbrough, Harnsberger, Holmes, Hurst, Jackson, Jones, Joynes, Kellam, Ken-
drick, Kilby, Lewis, Long, Mann, Marshall, Martin, McDonald, Magill, Merritt, Miller,
Moore, Morgan, Morris, Mosby, Newberry, Owen, Parsons, Pate, Patterson, Peed, Pen¬
dleton, Powell, Riggs, Rixey, Scott, Seawell, Smith, Stearns, Straughan, Strayer, J. Mc¬
Dowell Taylor, W. F. B. Taylor, Teeter, Thompson, Trout, Z. Turner, Wall, Watkins,
White, Wilson, Woltz, Wood, Woodson, Wooldridge and Word—82.
On motion of Mr. Grattan, the bill was amended by inserting in
the 1st line of 4th section, after the word "every," the word
" male."
On motion of Mr. Kilby, the bill was amended by adding at the
end of the 19th section the following: " But any deed, will or con¬
tract may be re-recorded in the same office where the records con¬
taining such deed, will or contract have been destroyed by fire or
otherwise, free of the state tax."
48
378
JOURNAL OF THE HOUSE OF DELEGATES.
Mr. Straughan moved to amend tlie bill by striking out, in tbe 6th
line of tbe 34tb section, tbe word "twenty," and inserting "ten;"
wbicb was rejected.
On motion of Mr. Davis, the bill was amended by striking out, in
the 1st and 2d lines of the 37th section, the word "twenty-five,"
and inserting "fifty."
On motion of Mr. Straughan, the bill was amended by adding at
the end of the 43d section the following: " provided this section shall
not apply to any person keeping a bakery, where the amount of sales
does not exceed the sum of one hundred and fifty dollars."
Mr. Lee moved to amend the bill by striking out, in the 2d line of
the 45th section, the words "one hundred," and inserting "fifty."
Mr. Dunhington moved the pending question; which was ordered.
The amendment of Mr. Lee was rejected.
On motion of Mr. Grattan, the bill was amended by inserting as
an independent section, to come in after the 61st section, the following:
"No part of the taxes hereinbefore assessed being intended to pay
any portion of the United States direct tax, which the general as¬
sembly has proposed to assume, the persons who have paid that tax
shall not be entitled to a credit therefor upon the tax assessed upon
them or upon their property by this act."
The bill was ordered to be engrossed to be read a third time.
A message was received from the senate by Mr. Coleman, who
- informed the house of delegates that the senate had disagreed to the
amendment proposed by the house of delegates to senate bill entitled
an act to amend the 1st section of chapter 18 of the Code, in relation
to the appointment of certain officers at -the seat of government,
No. 44.
A message was received from the senate by Mr. Leprosy, who in¬
formed the house of delegates that the senate had passed house hill
entitled an act amending and re-enacting the 13th section of chapter
157 of the Code of 1860, so as to create the office of judge of the
court of hustings for the city of Portsmouth, No. 168, with an
amendment; in which they respectfully requested the concurrence of
the house of delegates.
A message was received from the senate by Mr. Gait, who informed
the house of delegates that the senate had passed house bill entitled
an act to incorporate the Virginia loan and trust company, No. 138.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed senate bill entitled
an act to make portions of Banister river and White-thorn creek, in
the county of Pittsylvania, a lawful fence, No. 124; in which they
respectfully requested the concurrence of the house of delegates.
A message was received from the senate by Mr. Lee, who informed
the house of delegates that the senate had passed house bill entitled
an act to repeal an act exempting certain white males from working
on the highways of King George and Stafford, No. 135.
A message was received from the senate by Mr. Keen, who in¬
formed the house of delegates that the senate had passed house bill
JOURNAL OF THE HOUSE OF DELEGATES.
379
entitled an act incorporating the Lynchburg and Danville railroad
company, No. 187.
No. 22, A senate hill entitled an act to amend and re-enact the 4th
section of chapter 141 of the Code of Virginia (edition of 1860),
came up.
Mr. Kellam moved a reconsideration of the vote by which the bill
was ordered to its third reading; which was rejected.
The question recurring on the passage of the bill, was put, and
decided in the negative—ayes 41; noes 51.
On motion of Mr. Bently, the vote was recorded, as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Booker, Bowles, Brown, /. J.
Clark, W. T. Clark, Davis, English, Evans, Glendy, Graham, Grattan, Hancock, Hans-
brough, Hardy, Herndon, Holmes, Joynes, Kilby, Lee, Lewis, Marshall, Magill, Merritt,
Miller, Morris, Pate, Scott, Stearns, Townes, W. A. Turner, Z. Turner, Waddell, Wall,
White, Wilson, Wood, Woodson and Wooldridge—41.
Noes—Messrs. Bekem, Bently, Braxton, Browning, Cabell, Childress, Daniel, Davison,
Davidson, Deskins, Dickenson, Dunnington, Fields, Garnett, Graves, Gray, Harris, Harns-
berger, Jackson, Kellam, Kendrick, Long, Mann, Martin, McDonald, Moore, Morgan,
Mosby, Newberry, Owen, Parsons, Patterson, Peed, Pendleton, Powell, Purdy, Riggs,
Rixey, Seawell, Smith, Straughan, Strayer, J. McDowell Taylor, W. F.B. Taylor, Teeter,
Thompson, Trout, Watkins, Woltz, Word and Wyatt—51.
No. 142, An engrossed bill making an appropriation to the univer¬
sity of Virginia, came up.
Mr. Baylor moved that the bill be passed by; which was rejected.
The bill was read a third time and passed—ayes 51; noes 33.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bently, Bowles, Braxton, Brown¬
ing, A. J. Clark, W. T. Clark, Daniel, Davis, Davison, Evans, Glendy, Graham, Graves,
Gray, Hancock, Hansbrough, Hardy, Harnsberger, Herndon, Jackson, Joynes, Lee, Long,
Marshall, Magill, Merritt, Owen, Purdy, Rixey, Scott, Seawell, Smith, Strayer, J. Mc¬
Dowell Taylor, Teeter, Thompson, Townes, W. A. Turner, Z. Turner, Waddell, Wall,
Watkins, White, Wilson, Wood, Wooldridge, Word and Wyatt—51.
Noes—Messrs. Booker, Brown, Cabell, Childress, Davidson, Deskins, Dunnington, En¬
glish, Fields, Garnett, Harris, Holmes, Kellam, Kendrick, Kilby, Lewis, Martin, Miller,
Moore, Morgan, Morris, Mosby, Newberry, Parsons, Pate, Patterson, Peed, Powell,
Stearns, Straughan, W. F. B. Taylor, Trout and Woltz—33.
Ordered, That Mr. Watkins carry the bill to the senate, and re¬
quest their concurrence.
On motion of Mr. A. J. Clark, Rule No. 52 was suspended, and
No. 166, a bill to increase the capital stock of the Virginia and Ten¬
nessee railroad company, was taken up, and read a second time.
Mr. A. J. Clark submitted an amendment in the nature of a sub¬
stitute; which was agreed to.
The bill, as amended, was ordered to be engrossed to be read a
third time.
The bill being forthwith engrossed (two-thirds of the members
elect concurring), was read a third time and passed—ayes 79; no 1.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles
Brown Browning, Cabell, A. J. Clark, Childress, Davis, Davison, Davidson, Deskins
Dickenson Dunnington, English, Fields, Garnett, Glendy, Graham, Graves, Gray, Han¬
cock Harris Hansbrough, Hardy, Harnsberger, Holmes, Jackson, Jones, Joynes, Ken¬
drick, Kilby! Langhorne, Lee, Lewis, Long, Mann, Martin, McDonald, Magill, Merritt
380
JOURNAL OF THE HOUSE OF DELEGATES.
Moore, Morgan, Mosby, Newberry, Owen, Parsons, Pate, Patterson, Peed, Pendleton,
Powell, Purdy, Rixey, Scott, Smith, Straughan, Strayer, W. F. B. Taylor, Teeter, Thomp¬
son, Townes, Trout, Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz, Wood,
Woodson, Wooldridge, Word and Wyatt—79.
No—Mr. Stearns—1.
Ordered, That Mr. A. J. Clark carry the bill to the senate, and
request; their concurrence.
The following engrossed bills were read the third time and passed:
No. 227, An engrossed bill to amend the 47th section of chapter
58 of the Code, edition of 1860—ayes 78; noes 3.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Brown, Browning, Cabell, A. J. Clark, Childress, Davis, Davison, Davidson, Deskins,
Dickenson, Dunnington, English, Evans, Fields, Glendy, Graham, Grattan, Graves, Gray,
Hancock, Harris, Hansbrough, Hardy, Herndon, Holmes, Jackson, Jones, Kendrick,
Kilby, Langhotne, Lee, Lewis, Long, Mann, Martin, McDonald, Magill, Merritt, Miller,
Moore, Morgan, Mosby, Newberry, Owen, Parsons, Pate, Patterson, Peed, Powell, Purdy,
Riggs, Rixey, Scott, Smith, Stearns, Straughan, Strayer, J. McDowell Taylor, W. F. B.
Taylor, Teeter, Townes, Trout, Z. Turner, Waddell, Wall, Watkins, Wilson, Woltz, Wood¬
son, Word and Wyatt—78.
Noes—Messrs. Harnsberger, Wood and Wooldridge—3.
No. 241, An engrossed bill repealing, amending and re-enacting
the 1st and 2d sections of chapter 62 of the Code of 1860, in relation
to waste and unappropriated lands—ayes 78; noes 4.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Brown, Cabell, Childress, Daniel, Davis, Davison, Davidson, Deskins, Dickenson, Dun¬
nington, English, Evans, Garnett, Glendy, Graham, Graves, Gray, Hancock, Harris, Hans-
brough, Hardy, Harnsberger, Jackson, Jones, Kendrick, Kilby, Langhorne, Lee, Lewis,
Long, Mann, Martin, McDonald, Magill, Merritt, Miller, Moore, Morgan, Mosby, New¬
berry, Owen, Parsons, Pate, Patterson, Peed, Pendleton, Purdy, Riggs, Rixey, Scott,
Smith, Stearns, Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter,
Thompson, Townes, Trout, Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz,
Woodson, Wooldridge, Word and Wyatt—78.
Noes—Messrs. Fields, Grattan, Joynes and Seawell—4.
No. 246, An engrossed bill to amend and re-enact the 33d and 34th
sections of chapter 49 of the Code of 1860, came up.
Mr. Davis moved that the bill be dismissed.
Mr. Miller moved the pending question; which was ordered.
The motion of Mr. Davis was rejected—ayes 24; noes 61.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Bekem, Bowles, Brown, Davis, Davison, Dickenson,
Evans, Grattan, Hardy,- Harnsberger, Herndon, Holmes, Jones, Joynes, Long, McDonald,
Morgan, Owen, Powell, Purdy, Seawell, Thompson and Waddell—24.
Noes—Messrs. Atkinson, Baylor, Bently, Booker, Braxton, Cabell, A. J. Clark, Chil¬
dress, Daniel, Davidson, Deskins, Dunnington, English, Fields, Garnett, Glendy, Gray,
Hancock, Harris, Hansbrough, Jackson, Kendrick, Kilby, Langhorne, Lee, Lewis, Mann,
Marshall, Martin, Magill, Merritt, Miller, Moore, Mosby, Newberry, Parsons, Pate, Pen¬
dleton, Riggs, Rixey, Scott, Smith, Stearns, Straughan, Strayer, W. F. B. Taylor, Teeter,
Townes, Trout, W. A. Turner, Z. Turner, Wall, Watkins, White, Wilson, Woltz, Wood,
Woodson, Wooldridge, Word and Wyatt—61. \
^ Mr. Dunnington moved the previous question; and the main ques¬
tion was ordered.
JOURNAL Otf THE HOUSE OF DELEGATES.
381
^ The question heing on the passage of the bill, was put, and de¬
cided in the affirmative—ayes 53; noes 33.
On motion of Mr. Waddell, the vote was recorded as follows:
Ayes—Messrs. Bently, Booker, Braxton, Cabell, Daniel, Davison, Davidson, Dunning-
ton, English, Fields, Garnett, Glendy, Gray, Hancock, Harris, Hansbrough, Hardy, Ken-
drick, Kilby, Langhorne, Lee, Lewis, Mann, Martin, McDonald, Magill, Merritt, Morris,
Mosby, Newberry, Parsons, Pate, Patterson, Peed, Pendleton, Powell, Biggs, Bixey,
Scott, Smith, Stearns, Straughan, Teeter, W. A. Turner, Z. Turner, Watkins, White,
Wilson, Woltz, Wood, Woodson, Word and Wyatt—53.
Noes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bowles, Brown, A. J.
Clark, Childress, Davis, Deskins, Dickenson, Evans, Graham, Grattan, Harnsberger,
Herndon, Holmes, Jones, Joynes, Kellam, Long, Marshall, Miller, Moore, Morgan, Owen,
Purdy, Strayer, J. McDowell Taylor, Thompson, Trout, Waddell and Wooldridge—33.
The following engrossed bills were read a third time and passed:
No. 247, An engrossed bill to amend and re-enact the 6th section,
chapter 151 of the Code, relating to attachments.
No. 248, An engrossed bill in regard to commissioners of the
revenue.
No. 253, An engrossed bill to amend and re-enact section 39 of
chapter 184 of the Code.
No. 141, An engrossed bill for the relief of the incorporated col¬
leges and other seminaries of learning of the state, came up, and on
motion of Mr. Watkins, was passed by.
No. 254, An engrossed bill to provide for the liabilities of the
lunatic asylum at Williamsburg, incurred prior to the 1st day of
July 1865, was read a second time, and ordered to be engrossed to be
read a third time.
On motion of Mr. Pendleton, the house adjourned until to-morrow,
eleven o'clock.
THURSDAY, February 22, 1866.
Prayer by Rev. Dr. Hoge of the Presbyterian church.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as
follows:
In senate, February 21, 1866.
The senate have passed joint resolution from the house of delegates
in relation to the charter of the city of Williamsburg, No. 150..
And have passed house bills entitled^
An act to amend and re-enact section 14 of chapter 192 of the
Code of 1860, No. 130.
An act amending and re-enacting the 12th section of chapter 191
of the Code of 1860, No. 131.
An act to prevent and punish unlawful hunting, No. 156.
An act to require the railroad companies of Virginia to have their
ticket offices and cars open one hour before the departure of every
passenger train, No. 115.
382
JOURNAL OF THE HOUSE OF DELEGATES.
An act to amend and re-enact section 17 of chapter 64 of the
Code (edition of 1860), No. 125.
An act prescribing duties of telegraph companies, No. 129.
An act incorporating the Bath iron mining and manufacturing
company in the counties of, Bath and Alleghany, No. 133.
An act to authorize the county courts of King George and Staf¬
ford to borrow money for educational purposes, No. 143.
An act to extend the charter of the James river and Kanawha
company, No. 145.
An act to amend and re-enact the first paragraph of the 36th sec¬
tion of chapter 88 of the Code of 1860, No. 148.
An act declaring Neabsco and Powell's creeks lawful fences.
No. 153.
An act to authorize the librarian to prosecute for lost or mutilated
hooks, No. 154.
An act charging upon the public treasury certain allowances here¬
tofore authorized to he made out of the library fund, No. 155.
An act to repeal the 12th section of chapter 20 of the Code of
Virginia (edition of 1860), No. 162.
An act to incorporate the planters savings hank of Farmville,
No. 165.
An act authorizing the board of public works to sell the state's
interest in the Potomac bridge company, No. 173. "
An act to amend and re-enact sections 13 and 14 of chapter 176 of
the Code of 1860, No. 183.
An act to incorporate the sun fire company of the city of Alex¬
andria, No. 194.
An act to incorporate the Hampton steamboat company, No. 196.
An act to incorporate the North Carolina transportation company,
No. 197.
An act to incorporate the great Southern inland navigation com¬
pany, No. 198.
An act to amend and re-enact sections 4 and 5 of chapter 110 of
the Code, No. 199. •
An act to provide for including the value of stamps in the taxation
of costs, No. 200.
An act to prevent the abatement of process in certain cases,
No. 201.
An act to amend and re-enact chapter 180 of the Code of 1860,
No. 202.
An act amending and re-enacting section 3, chapter 124 of the
Code, No. 203.
An act to incorporate the Baltimore and Virginia steamship com¬
pany, No. 215.
An act to incorporate the town of Jeffersonville in the county
of Tazewell, No. 220.
And they have passed, with amendments, house hills entitled:
An act to authorize the circuit court of Accomack to decree the
sale of certain lands, No. 205.
JOURNAL OF THE HOUSE OF DELEGATES.
383
An act to incorporate tlie Bank of the State of Virginia, No. 219.
An act to incorporate the Valley mining, exploring and manufac¬
turing company, No. 195.
An act transferring turnpikes to the counties in which they lie,
No. 144.
They have agreed to the amendments proposed by the house of
delegates to senate bill entitled:
An act to authorize John M. Fauntleroy to establish a ferry across
the Mattapony river, No. 24, with an amendment.
And they have passed a bill entitled*.'
An act to incorporate the Tredegar company, No. 121.
In which amendments and bill they respectfully request the con¬
currence of the house of delegates.
A message was received from the senate by Mr. Lemosy, who in¬
formed the house of delegates that the senate kad passed a bill enti¬
tled an act to charter the Richmond and Peninsula railway company,
No. 88.
Senate bill No. 88 was read the first and second times, and referred
to the committee of roads and internal navigation.
•No. 21, A senate bill entitled an act to incorporate the Tredegar
company, was read the 1st and 2d times, and referred to the com¬
mittee of propositions and grievances.
No. 205, An engrossed bill to authorize the circuit court of Acco¬
mack to decree the sale of certain lands, returned from the senate
with an amendment, was referred to the committee for courts of
justice.
No. 219, An engrossed bill to incorporate the Bank of the State of
Virginia, returned from the senate with an amendment, was referred
to the committee on banks.
No. 195, An engrossed bill to incorporate the Valley mining, ex¬
ploring and manufacturing company, returned from the senate with
an amendment, was referred to the committee of propositions and
grievances.
No. 144, An engrossed bill transferring turnpikes to the counties
in which they lie, returned from the senate with amendments, was
referred to the committee of roads and internal navigation.
No. 24, A senate bill entitled an act to authorize John M. Faunt-
leroy to establish a ferry across the Mattapony river, returned from
the senate with an amendment to the amendment proposed by the
house, was referred to the committee of roads and internal navigation.
An ordinance to alter and amend the 3d article of the constitution
(heretofore reported from the senate with an amendment), was re¬
ported from the select joint committee on the subject, accompanied
with a report, and placed on the calendar.
No. 138, A senate bill entitled an act to amend and re-enact the
1st section of an act passed 15th December 1865, entitled an act for
the relief of Henry Stephenson of Frederick county, reported from
the committee for courts of justice, was placed on the calendar.
384
JOURNAL OF THE HOUSE OF DELEGATES.
No. 222, An engrossed bill to provide for printing and binding
additional copies of the Acts of former sessions (heretofore recom¬
mitted), reported from the committee on the library with an amend¬
ment in the nature of a substitute, was placed on the calendar.
No. 180, Joint resolution in relation to the sale of paper in the
library, reported from the committee on the library with an amend¬
ment, was placed on the calendar.
No. 44, A senate bill entitled an act to amend the 1st section of
chapter 18 of the Code, in relation to the appointment of certain
officers -at the seat of government, returned from the senate with a
disagreement to the amendment proposed by the house of delegates,
was referred to the committee for courts of justice.
No. 168, An engrossed bill amending and re-enacting the 13th
section of chapter 157 of the Code of 1860, so as to create the office
~of judge of the court of hustings for the city of Portsmouth, re¬
turned from the senate with an amendment, was referred to the com¬
mittee for courts of justice.
No. 124, A senate bill entitled an act to make portions of Banister
river and White-thorn creek, in the county of Pittsylvania, a lawful
fence, was read the first and second times, and referred to the com¬
mittee on agriculture and manufactures.
The following bills, reported from the committee for courts of jus¬
tice, were read the first and second times, and placed on the calendar
for a second reading:
No. 285, A bill to amend the 1st and 6th sections of chapter 160
of the Code of 1860, relating to the court of appeals, to repeal other
sections of said chapter, and making provisions concerning the organi¬
zation, jurisdiction and proceedings of said court.
No. 286, A bill to amend and re-enact the 43d section of chapter
172 of the Code of 1860.
The following reports from the committee for courts of justice were
agreed to:
The committee for courts of justice have, according to order, had
under consideration a resolution enquiring into the expediency of in¬
creasing the salary allowed by law to the clerk of the circuit court of
the city of Kichmond, for services rendered by him for which no fees
are allowed by law to be charged, and beg leave to report, that they
deem it inexpedient to legislate on the subject, and respectfully ask
to be relieved from the further consideration of the same.
The committee for courts of justice have, according to order, had
under consideration a bill for the relief of the people of Yirginia, and
beg leave to report, that they deem it inexpedient to legislate on the
subject as presented in said bill, and respectfully ask to be relieved
from the further consideration of the same.
The following report from the committee for courts of justice was,
on motion of Mr. Watkins, laid upon the table:
The committee for courts of justice have, according to order, had
under consideration a resolution asking for an increase of the fees of
clerks of courts, and beg leave to report, that they deem it inexpe-
JOURNAL OP THE HOUSE OP DELEGATES.
385
dient to legislate on tlie subject, and ask that they be discharged from
the further consideration of the same.
No. 287, A bill to amend and re-enact an act passed January 31st,
1862, changing the manner of examining polls and certifying elections
for certain officers of this commonwealth, reported from the commit¬
tee of privileges and elections, was read the first time, and placed, on
the calendar for a second, reading.
No. 288, A bill to regulate express transportation over the rail¬
roads of the commonwealth, reported from the select committee on
the subject, was read the first time, and placed on the calendar for a
second reading.
The following report from the committee on finance was agreed to:^
The committee on finance have, according to order, had under con¬
sideration a resolution to enquire into the expediency of providing by
law—1st, that the railroad companies be allowed to discharge their
indebtedness to the state in the certificates of the debt of the state;
and 2d, that the board of public works be authorized to exchanged
stock held by the state in railroad companies for certificates of in¬
debtedness of the state of Virginia—and respectfully report, that
they think it inexpedient to legislate on the subject.
The following papers were presented and referred, under Rule 37:
By Mr. W. A. Turner:
A bill amending the charter of the town of Scottsville, in the
county of Albemarle; referred to the committee of propositions and
grievances.
By Mr. Smith:
Resolved, That the committee of propositions and grievances be
instructed to enquire into the propriety of collecting and publishing
a list of all soldiers from Virginia who were killed in battle during
the late war; and report by bill or otherwise.
The morning hour having .expired, the house proceeded with busi¬
ness. on the calendar.
On motion of Mr. Z. Turner, Rule No. 52 was suspended, and
No. 270, A bill imposing taxes for the support of government, was
taken up, read a third time and passed—ayes 86.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Braxton, Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel, Davis,
Davison, Davidson, Deskins, Dickenson, Dunnington, English, Evans, Fields, Garrett, Gib-
honey, Glendy, Graham, Graves, Gray, Harris, Hansbrough, Hardy, Holmes, Hurst, Jack¬
son, Kellam, Kendrick, Kilby, Langhorne, Lee, Lewis, Long, Mann, Marshall, Martin,
Magill, Merritt, Miller, Moore, Morgan, Morris, Mosby, Newberry, Owen, Parsons, Pate,
Patterson, Peed, Pendleton, Powell, Purdy, Rixey, Robertson, Scott, Smith, Stearns,
Straughan, J. McDowell Tajlor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W.
A. Turner, Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz, Wood, Woodson,
Wooldridge and Word—86.
Ordered, That Mr. Z. Turner carry the bill to the senate, and re¬
quest their concurrence.
x A message was received from the senate by Mr. Gray, who informed
the house of delegates that the senate had passed a bill entitled an
act to incorporate the Valley railroad company, No. 84.
49
386
JOURNAL OF THE HOUSE OF DELEGATES.
Mr. Dunning ton moved a reconsideration of the vote by which
No. 22, A senate bill entitled an ^tct to amend and re-enact the
4th section of chapter 141 of the Code of Virginia (edition of I860),
was rejected; which was agreed to.
The question recurring on the passage of the bill,
, * On motion of Mr. Garnett, the bill was passed by.
The ordinance to alter and amend the third article of the consti-
- tution, came up.
The following report was agreed to:
The joint committee of the senate and house of delegates, to whom
was referred an " ordinance to alter and amend the third article of
the constitution," have considered the same, and the action of each
\ouse of the general assembly in reference to it, and have directed us
to report that the ordinance be amended by striking out all after the
word "election," in the 5th line, to the word "shall," at the begin¬
ning of the 8th line, and inserting in its stead the words " who has
p^iSL all state taxes assessed to him, and shall have actually paid the
same within the preceding fiscal years."
Which is respectfully submitted.
A. S. Gray, C. S. C.
Dan'l A. Wilson, C. H. 0.
Mr. Straughan moved to suspend the rule, to take up, out of its
order on the calendar,
No. 263, Joint resolution in relation to Hon. J. C. Underwood;
which was rejected.
No. 101, A senate bill entitled an act for the relief of the incorpo¬
rated colleges and other seminaries of learning of the state, came up.
Mr. Watkins moved the pending question; which was ordered.
The question being on the passage of the bill, was put, and decided
in the negative—ayes 49; noes 41.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker). Atkinson, Baylor, Bekem, Bently, A. J. Clark, Da¬
vison, Evans, Garrett, Gibboney, Glendy, Grabam, Graves, Gray, Hancock, Hansbrough,
Hardy, Harnsberger, Herndon, Holmes, Jackson, Mann, Marshall, Martin, McDonald,
Magill, Merritt, Mosby, Owen, Robertson, ScQtt, Seawell, Smith, Stearns, Strayer, J.
McDowell Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Waddell, Wall, Wat-
kins, White, Wilson, Wood, Wooldridge and Wyatt—19.
Noes—Messrs. Booker, Bowles, Braxton, Brown, Cabell, W. T. Clark, Childress,
Daniel, Davidson, Deskins, Dickenson, English, Fields, Garnett, Harris, Jones, Kellam,
Kendrick, Kilby, Lewis, Long, Miller, Moore, Morgan, Morris, Newberry, Parsons, Pate,
Patterson, Peed, Pendleton, Powell, Purdy, Riggs, Rixey, Straughan, W. F. B. Taylor,
Z. Turner, Woltz and Word—41.
Resolved, That the bill be rejected.
Mr. Pendleton moved to reconsider the vote by which the bill was
rejected; which motion was agreed to.
The question recurring on the passage of the bill,
Mr. Garnett moved that the bill be passed by; which was rejected.
The bill was passed—ayes 55; noes 35.
The vote was recorded as follows:
JOURNAL OF THE HOUSE OF DELEGATES.
387
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Bowles, A. J.
Clark, Davis, Davison, Dunnington, Evans, Garrett, Gibboney, Glendy, Graham, Graves,
Gray, Hancock, Hansbrougb, Hardy, Harnsberger, Herndon, Holmes, Hurst, Jackson,
Mann, Marshall, Martin, McDonald, Magill, Merritt, Mosby, Owen, Pendleton, Robert¬
son, Scott, Seawell, Smith, Stearns, Strayer, J. McDowell Taylor, Teeter, Thompson,
Townes, Trout, W. A. Turner, Waddell, Wall, Watkins, White, Wilson, Wood, Woodson,
Wooldridge and Wyatt—55.
Noes—Messrs. Booker, Braxton, Brown, Cabell, W.. T: Clark, Childress, Daniel, Da¬
vidson, Deskins, Dickenson, English, Fields, Garnett, Harris, Jones, Kendrick, Kilby,
Lewis, Long, Miller, Moore, Morris, Newberry, Parsons, Pate, Patterson, Powell, Purdy,
Riggs, Rixey, Straughan, W. F. B. Taylor, Z. Turner, Woltz and Word—35.
No. 254, An ejigrossed bill to provide for the liabilities of the luna¬
tic asylum at Williamsburg, incurred prior to the 1st day of July
1865, was read a third time and passed—ayes 74; noes 11.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brax¬
ton,-Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davison, Deskins, Dunnington,
English, Evans, Fields, Garnett, Garrett, Gibboney, Glendy, Graham, Grattan, Graves,
Gray, Hancock, Harris, Hardy, Herndon, Holmes, Hurst, Jackson, Jones, Kendrick,
Kilby, Long, Mann, Marshall, Martin, McDonald, Magill, Merritt, Morgan, Morris, New¬
berry, Owen, Pate, Peed, Pendleton, Purdy, Rixey, Robertson, Scott, Seawell, Smith,
Stearns, Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Townes, Trout,
W. A. Turner, Z. Turner, Waddell, Wall, Watkins, Wilson, Woltz, Wooldridge, Word and
Wyatt—74.
Noes—Messrs. Bently, Brown, Childress, Davis, Davidson, Miller, Moore, Mosby, Par¬
sons, Patterson-and Powell—11.
Ordered, That Mr. Smith carrry the bill to the senate, and request
their concurrence.
No. 141, A bill for the relief of the incorporated colleges and other
seminaries of learning of the state, came up, and on motion of Mr.
Watkins, was dismissed.
No. 222, An engrossed bill to provide for printing and binding ad¬
ditional copies of the Acts of former sessions, came up.
The substitute proposed by the committee on the library was agreed
to.
The bill, as amended, was passed—ayes 73; noes 5.
The vote was recorded as follows:
Ayes—Messrs. Atkinson, Baylor, Bekem, Bently, Booker, Bowles, Browning, Cabell,,
A. J. Clark, W. T. Clark, Childress, Daniel, Davis, Davison, Davidson, Dickenson, Dun¬
nington, English, Evans, Fields, Garnett, Glendy, Grattan, Graves, Gray, Hancock, Harris,
Hardy, Harnsberger, Herndon, Holmes, Jackson, Jones, Kendrick, Kilby, Lewis, Mann,
Marshall, Magill, Merritt, Miller, Moore, Morgan, Morris, Mosby, Newberry, Parsons,
Pate, Peed, Pendleton, Powell, Riggs, Rixey, Robertson, Scott, Stearns, Straughan,
Strayer, J. McDowell Taylor, W. F. B. Taylor, T,eeter, Townes, Trout, W. A. Turner, Z.
Turner, Waddell, Wall, Watkins, Wilson, Woltz, Woodson, Wooldridge and Wyatt—73.
Noes—Messrs. Baldwin (speaker), Deskins, Long, Martin and Word—5.
On motion of Mr. Watkins, the title of the bill was amended by
striking out the whole of the same, and inserting in lieu thereof the
following:
"A Bill to provide for the republication of the public acts of cer¬
tain sessions of the general assembly." _ ^ .
No. 180, A joint resolution in relation to the sale of paper m the
library, came up. -
The following amendment, proposed by the committee on the
library, was agreed to:
388
JOURNAL OF THE HOUSE OF DELEGATES.
Strike out the 'words "library fund," and insert in lieu thereof the
word "treasury."
The joint resolution, as amended, was read a third time and
passed—ayes. 81.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
' Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel, Davis, Davison,
Davidson, Deskins, Dickenson, Dunnington, English, Evans, Fields, Garnett, Garrett,
Grattan, Graves, Gray, Hancock, Harris, Hardy, Harnsberger, Herndon, Holmes, Jack¬
son, Jones, Kendrick, Kilby, Lewis, Long, Mann, Marshall, Martin, Magill, Merritt,
Miller, Morgan, Morris, Mosby, Newberry, Owen, Parsons, Pate, Patterson, Peed, Pen¬
dleton, Powell, Purdy, Riggs, Rixey, Robertson, Scott, Stearns, Straughan, Strayer,
J. McDowell Taylor, W. F. B. Taylor, Teeter, Townes, Trout, W. A. Turner, Z. Turner,
Waddell, Wall, Watkins, White, Wilson, Woltz, Woodson, Wooldridge, Word and
Wyatt—81.
• The following bills were read a second time, and ordered to be en¬
grossed to be read a third time: .
No. 256, A bill in regard to the printing of acts of private incor¬
poration.
No. 257, A bill abolishing the inspection of lime.
„ No. 259, A bill for processioning and settling the boundaries of
lands in this commonwealth.
No. 261, A bill amending the 7th section, chapter 165, as amended
by act of February 3, 1863, concerning compensation of common¬
wealth's attorneys.
No. 262, A bill to extend the time for the performance of certain
acts.
No. 260, A bill amending sections 6 and 14 of chapter 15.8 of the
Code of 1860, concerning the terms of courts, came up, and on motion
of Mrv Evans, was passed by.
No. 263, A joint resolution in relation to Hon. J. C. Underwood,
came up. ,
Mr. Scott moved that the joint resolution be passed by; which was
rejected.
Mr. Straughan submitted an amendment in the nature of a substi¬
tute. Pending which,
The hour of one o'clock having arrived, the house proceeded to the
execution of the joint order; which was the election of judges from the
nominations made by the governor.
Mr. Waddell moved that nominations be considered in secret ses¬
sion; which was rejected.
The Speaker appointed the committee to count the joint vote and
report the result, as follows: Messrs. Patterson, Newberry and Mann.
Ordered, That Mr. Pendleton inform the senate that the house was
ready to proceed with the execution of the joint order.
A message was received from the senate by Mr. Mercier, who in¬
formed the house of delegates that the senate was ready to proceed
with the execution of the joint order.
Ordered, That Mr. Atkinson inform the senate that the house is
ready to proceed to the election of a judge of the supreme court of
appeals from the first judicial section, and that William T. Joynes
JOURNAL OP THE HOUSE OF DELEGATES.
389
of thu city of Petersburg, had been nominated by the governor for
that office.
The roll was called, with the following result:
For William T. Joynes, 85
William Daniel, - 4
The vote was recorded as follows:
For Mr. Joynes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker,
Bowles, Braxton, Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel,
Davis, Davidson, Deskins, Dickenson, English, Evans, Fields, Garnett, Garrett, Gibboney,
Glendy, Graham, Grattan, Gray, Hancock, Hansbrough, Hardy, Harnsberger, Herndon,
Holmes, Hurst, Jones, Kellam, Kendrick, Kilby, Langhorne, Lee, Lewis, Long, Mann,
Martin, McDonald, Magill, Merritt, Miller; Moore, Morgan, Morris, Mosby, Newberry,
Owen, Parsons, Pate, Patterson, Peed, Pendleton, Purdy, Riggs, Rixey, Robertson, Scott,
Smith, Stearns, Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter,
Thompson, Townes, Trout, W. A. Turner, Z. Turner, Wadddell, Watkins, White, Woltz,
Wood, Wooldridge, Word and Wyatt—85.
For Mr. Daniel—Messrs. Dunnington, Harris, Powell and Wilson—4.
The committee subsequently, by their chairman, reported as fol-
follows:
~ Whole number of votes cast, - - 116
Necessary to a choice, - - - . 59
William T. Joynes received, - - 106
The Speaker announced William T. Joynes duly elected judge of
the supreme court of appeals for the first judicial section.
The house proceeded to the election of judge of the second judicial
section.
R. C. L. Moncure of the county of Stafford, has been nominated by
the governor.
The roll was called, with the following result:
For R. C. L. Moncure, 87
The vote was recorded as follows:
For Mr. Moncure—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker,
Bowles, Braxton, Brown, Browning, Cabell, W. T. Clark, Childress, Daniel, Davidson,
Deskins, Dickenson, Dunnington, English, Evans, Fields, Garnett, Garrett, Gibboney,
Glendy, Graham, Grattan, Gray, Hancock, Harris, Hansbrough, Hardy, Harnsberger,
Herndon, Holmes, Hurst, Jones, Kellam, Kendrick, Kilby, Langhorne, Lee, Lewis, Long,
Mann, Martin, McDonald, Magill, Merritt, Miller, Moore, Morgan, Morris, Mosby, New¬
berry, Owen, Parsons, Pate, Patterson, Peed, Pendleton, Powell, Purdy, Riggs, Rixey,
Robertson, Scott, Smith, Stearns, Straughan, Strayer, J. McDowell Taylor, W. F. B.
Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Watkins,
White, Wilson, Woltz, Wood, Wooldridge, Word and Wyatt—87.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, - - 109
Necessary to a choice, - 55
R. 0. L. Moncure received, - - 109
The Speaker declared R. 0. L. Moncure duly elected judge of the
supreme court of appeals for the second judicial section.
The house proceeded to the election of judge of the third judicial
section. .
Lucas P. Thompson of the county of Augusta, has been nominated
by the governor. .
390
JOURNAL OF THE HOUSE OF DELEGATES.
The roll was called, with the following result:
For Lucas P. Thompson, 86
John J. Allen, - 2
The vote was recorded as follows:
For Mr. Thompson—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker,
Bowles, Braxton, Browning, Cabell, A. J. Clark, W, T. Clark, Childress, Daniel, Davis,
Davidson, Deskins, Dickenson, Dunnington, English, Evans, Fields, Garnett, Garrett,
Gibboney, Glendy, Graham, Grattan, Gray, Hancock, Harris, Hansbrongh,. Hardy, Harns-
berger, Herndon, Holmes, Hurst, Kendrick, Kilby, Langhorne, Lee, Lewis, Long, Mann,
Martin, McDonald, Magill, Merritt, Miller, Moore, Morgan, Morrris, Mosby, Newberry,
Owen, Parsons, Pate, Patterson, Peed, Pendleton, Powell, Purdy, Biggs, Rixey, Robert¬
son, Scott, Smith, Stearns, Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor,
Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Watkins, White,
Wilson, Woltz, Wood, Woodson, Wooldridge and Wvatt—86.
For Mr. Allen—Messrs. Jones and Word—2.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, - - 113
Necessary to a choice, - 57
Lucas P. Thompson received - - 110
John J. Allen " - - 2
The Speaker declared Lucas.P. Thompson duly elected judge of
the supreme court of appeals for the third judicial section.
The house proceeded to the election of judge of the first judicial
circuit.,
Eichard H. Baker of Norfolk city, has been nominated by the
governor.
The roll was called, with the following result:
For Richard H. Baker, - - , - 82
The vote was recorded as follows:
For Mr. Baker—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles,
Braxton, Brown, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel, Davis, Davidson,
Deskins, Dunnington, English, Evans, Fields, Garnett, Garrett, Gibboney, Glendy, Gra¬
ham, Grattan, Gray, Hancock, Hansbrough, Hardy, Harnsberger, Herndon, Holmes,
Hurst, Jones, Kellam, Kendrick, Kilby, Langhorne, Lee, Lewis, Long, Mann, Martin,
Magill, Merritt, Miller, Moore, Morgan, Morris, Mosby, Newberry, Owen, Parsons, Pate,
Patterson, Peed, Pendleton, Powell, Riggs, Rixey, Robertson, Scott, Smith, Stearns,
Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes,
Trout, W. A. Turner, Waddell, Watkins, White, Wilson, Woltz, Woodson, Word and
Wyatt—82.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of vdtes cast, - - 105
Necessary to a choice, - 53
Richard H. Baker received - - 105
The Speaker declared Richard H. Baker duly elected judge of the
first judicial circuit.
Mr. Langhorne moved that the house do now adjourn; which was
rejected. >
The house proceeded to the election of judge of the second judicial
circuit.
JOURNAL OF THE HOUSE OF DELEGATES.
391
Edward R. Chambers of Mecklenburg county, has been nominated
by the governor.
The roll was then called, with the following result:
For Edward R. Chambers, 83
The vote was recorded as fallows:
For Mr. Chambers—Messrs. Baldwin (speaker), Atkinson, Baylor,, Bekem, Booker,
Bowles, Braxton, Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel,
Davis, Davidson, Deskins, Dickenson, Dunnington, Eaj^ish, Evans, Fields, Garnett, Gar¬
rett, Gibboney, Glendy, Graham, Gray, Hancock, Harris, Hansbrough, Hardy, Harns-
berger, Herndon, Holmes, Jones, Kellam, Kendrick, Kilby, Lee, Lewis, Long, Mann,
McDonald, Magill, Merritt, Miller, Moore, Morgan, Morris, Mosby, Newberry, Owen,
Parsons, Pate, Patterson, Peed, Pendleton, Purdy, Riggs, Rixey, Robertson, Scott, Smith,
Stearns, Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson,
Townes, Trout, W. A. Turner, Z. Turner, Waddell, Watkins, Wilson, Woltz, Wood,
Wooldridge, Word and Wyatt—83.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, - - 106
Necessary to a choice, - 54
Edward R. Chambers received - - 106
The Speaker declared Edward R. Chambers duly elected judge of
the second judicial circuit.
Mr. White moved that the house do now adjourn; which was re¬
jected.
The house proceeded to the election of judge of the third judicial
circuit.
Hunter H. Marshall of Charlotte county, has been nominated by
the governor.
The roll was called, with the following result:
For Hunter H. Marshall, 84
The vote was recorded as follows:
•
For Mr. Marshall—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker,
Bowles, Braxton, Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Childress, Daniel,
Davis, Davidson, Deskins, Dickenson, Dunnington, English, Evans, Fields, Garnett, Gar¬
rett, Gibboney, Glendy, Graham, Gray, Hancock, Harris, Ha,nsbrough, Harnsberger,
Herndon, Holmes, Jones, Kellam, Kendrick, Kilby, Lee, Lewis, Long, Mann, Martin,
McDonald, Magill, Merritt, Miller, Moore, Morgan, Morris, Mosby, Newberry, Owen,
Parsons, Pate, Patterson, Peed, Pendleton, Riggs, Rixey, Robertson, Scott, Smith,
Stearns, Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson,
Townes, Trout, W. A. Turner, Z. Turner, Waddell, Watkins, White, Wilson, Woltz, Wood,
Woodson, Wooldridge, Word and Wyatt—84.
The committee subsequently^ by their chairman, reported as fol¬
lows:
Whole number of votes cast, - - 109
Necessary to a choice, - 55
Hunter H. Marshall received - - 109
The Speaker declared Hunter H. Marshall duly elected judge of
the third judicial circuit. _
The house proceeded to the election of judge of the fourth judicial
circuit. .
G-ustavus A. Wingfield of Bedford county, has been nominated by
the governor.
392
JOURNAL OF THE HOUSE OF DELEGATES.
The roll was called, with the following result:
For Gustavus A. Wingfield, 84
The vote was recorded as follows:
For Mr. Wingfield—Messrs._ Baldwin (speaker), Atkinson, Baylor, Bekem, Booker,
Bowles, Braxton, Brown, Browning, Cabell, A. J? Clark, W. T. Clark, Childress, Daniel,
Davis, Deskins, DickinSbn, Dunnington, English, Evans, Fields, Garnett, Garrett, Gib-
boney, Glendy, Graham, Gray, .Hancock, Harris, Hansbrough, Hardy, Harnsberger,
Herndon, Holmes, Jones, KellaiqgfcKendrick, Kilby, Lee, Lewis, Long, Mann, Martin,
McDonald, Magill, Merritt, Millerf Moore, Morgan, Morris, Mosby, Newberry, Owen,
Parson, Pate, Patterson, Peed, Pendleton, Biggs, Rixey, Robertson, Scott, Smith, Stearns,
Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes,
Trout, W. A. Turner, Z. Turner, Waddell, Watkins, White, Wilson, Woltz, Wood, Wood¬
son, Wooldridge, Word and Wyatt—84.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, - - - 108
Necessary to a choice, - - - 55
Gustavus A. Wingfield received - - 108
The Speaker declared Gustavus A. Wingfield duly elected judge
of the fourth judicial circuit.
The house proceeded to the election of judge of the sixth judicial
circuit.
Joseph Christian of Middlesex county, has been nominated by the
governor.
Mr. Watkins offered the following resolution:
Resolved, That (with the consent of the senate) so much of the
joint order as relates to the choice of a judge on this day, of the
sixth circuit, be postponed until the further joint order of the senate
and house of delegates.
The question being on agreeing to the resolution, was put, and de¬
cided in the negative.
Mr. Bently moved that the house take a recess until half past seven
o'clock P. M.; which was rejected.
The roll was called, with the following result:
For Joseph Christian, 76
John M. Gregory, - - 2
In the negative, - 1
The vote was recorded as follows:
For Mr. Christian—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker,
Bowles, Braxton, Brown, Cabell, A. J. Clark, W. T. Clark, Childress, Davis, David¬
son, Deskins, Dickenson, English, Evans, Fields, Garnett, Garrett, Gibboney, Glendy,
Graham, Grattan, Hancock, Harris, Hansbrough, Harnsberger, Herndon, Holmes, Jones,
Kellam, Kendrick, Kilby, Langhorne, Lee, Lewis, Mann, McDonald, Magill, Moore, Mor¬
gan, Morris, Mosby, Newberry, Owen, Parsons, Pate, Patterson, Peed, Pendleton, Purdy,
Riggs, Rixey, Robertson, Scott, Smith, Stearns, Straughan, Strayer, J. McDowell Taylor,
W. F. B. Taylor, Teeter, Thompson, Townes, Trout, Waddell, White, Wilson, Woltz, Wood,
Woodson, Wooldridge and Word—76.
For Mr. Gregory—Messrs. Hurst and Martin—2.
In the negative—Mr. Merritt—1.
The committee subsequently, by their chairman, reported as fol¬
lows:
JOURNAL OF THE HOUSE OF DELEGATES.
393
Whole number of votes cast, - - 105
Necessary to a choice, - 57
Joseph Christian received - 97
J. M. Gregory " 2
In the negative, - 9
The Speaker declared Joseph Christian duly elected judge of the
sixth judicial circuit.
Mr. Lee moved that the house take a recess until half past seven
o'clock P. M., which was agreed to.
EVENING SESSION.
The Speaker called the house to order at half past seven o'clock.,
The house proceeded to the election of judge of the seventh ju¬
dicial circuit.
John A. Meredith of Richmond city, has been nominated by the
governor.
The roll was called, with the following result:
For John A. Meredith, 55
The vote was recorded as follows:
For Mr. Meredith—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker,
Bowles, Braxton, Brown, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, David¬
son, Deskins, Dickenson, Dunnington, English, Evans, Fields, Garnett, Garrett, Gibboney,
Glendy, Graham, Grattan, Gray, Hancock, Harris, Hansbrough, Hardy, Harnsberger,
Herndon, Holmes, Jones, Kellam, Kendrick, Kilby, Lee, Lewis, Long, Martin, McDonald,
Magill, Merritt, Miller, Moore, Morgan, Morris, Mosby, Newberry, Owen, Parsons, Pate,
Patterson, Peed, Pendleton, Purdy, Riggs, Rixey, Robertson, Scott, Smith, Stearns,
Straughan, Strayer, J. McDowell Taylor, Teeter, Thompson, Townes, Trout, W. A.
Turner, Z. Turner, Waddell, Watkins, White, Woltz, Wood, Woodson, Wooldridge, Word
and. Wyatt—82.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, 80
Necessary to a choice, 41
John A. Meredith received 80
Subsequently, by unanimous consent, certain members of the house
of delegates recorded their votes for John A. Meredith, which in¬
creased the aggregate vote for that gentleman, in the house o:
delegates, to 82.
The Speaker declared John A. Meredith duly elected judge of th<
seventh judicial circuit.
The house proceeded to the election of judge of the eighth judicia
circuit.
John Critcher has been nominated by the governor.
The roll was called, with the following result:
For John Critcher, 58
R. H. Coleman, - 7
In the negative, - 1
The vote was recorded as follows:
50
394
JOURNAL OF THE HOUSE OF DELEGATES.
For Mr. Critcher—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker,
Bowles, Braxton, Brown, A. J. Clark, W. T. Clark, Daniel, Davis, Deskins, Dickenson,
Fields, jJarnett, Garrett, Gibboney, Glendy, Graham, Grattan, Gray, Hancock, Hardy,
Harnsberger, Holmes, Kilby,f"L§wis, Magill, Merritt, Moore, Morgan, Morris, Mosby,
Newberry, Owen, Parsons, Pate, Patterson, Peed, Pendleton, Purdy, Scott, Smith, Stearns,
Straughan, Strayer, J. McDowell Taylor, Teeter, Thompson, Townes, Trout, W. A. Tur¬
ner, Z. Turner, Watkins, White, Woltz and Word—58.
For Mr. Coleman—Messrs. Cabell, Harris, Herndon, Jones, Lee, Martin and Waddell—7.
In the negative—Mr. Wall—1.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, 87
Necessary to a choice, 44
John Critcher received - - - 76
E. H. Coleman " 7
In the negative, - 4
The Speaker declared John Critcher duly elected judge of the
eighth judicial circuit.
The house proceeded to the election of judge of the ninth judicial
circuit.
Edward K. Snead of Alexandria, has been nominated by the
governor.
The roll was called, with the following result:
For Edward K. Snead, - 7
James Marshall, 33
Z. Turner, - 8
Eppa Hunton, - 1
John Janney, - 1
In the negative, 18
Present, _____ 3
The vote was recorded as follows:
For Mr. Snead—Messrs. Braxton, Davis, Fields, Kellam, Kilby, Lewis and Stearns—7.
For Mr. Marshall—Messrs. Baldwin (speaker), Atkinson, Baylor, Bently, Bowles,
Cabell, A. J. Clark, Daniel, Deskins, Dunnington, English, Evans, Glendy, Graham, Graves,
Gray, Hancock, Harris, Hansbrough, Herndon, Holmes, Lee, Long, Martin, Magill, Mer¬
ritt, Miller, Newberry, Pate, Rixey, Scott, Woodson and Word—33.
For Mr. Turner—Messrs. Bekem, Booker, Gibboney, Jones, J. McDowell Taylor,
Thompson, Waddell and Wooldridge—8.
For Mr. Hunton—Mr. Marshall—1.
For Mr. Janney—Mr. Smith—1.
In the negative—Messrs. W. T. Clark, Davidson, Morris, Mosby, Owen, Patterson,
Purdy, Riggs, Robertson, Townes, W. A. Turner, Z. Turner, Wall, Watkins, White, Wood
and Wyatt—17.
Present—Messrs. Harnsberger, Pendleton and Trout—3.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, - - 91
Necessary to a choice, 46
E. K. Snead received - 9
James Marshall " 33
Z. Turner " - 8
E. Hunton " - 1
Present, - 2
In the negative, 38
JOURNAL OF THE HOUSE OF DELEGATES.
395
The Speaker declared that Edward K. Snead had not been elected
judge of the ninth judicial circuit.
The house proceeded to the election of judge of the tenth judicial
circuit.
Egbert E. Watson of Albemarle county, has been nominated by*
the governor.
The roll was called, with the following result:
For Egbert E. Watson, "83
The vote was recorded as follows:
For Mr. Watson—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker,
Bowles, Braxton, Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Da¬
vidson, Deskins, Dickenson, Dunnington, English, Evans, Fields, Garnett, Garrett, Gibbo-
ney, Glendy, Graham, Grattan, Hancock, Harris, Hansbrough, Hardy, Harnsberger,
Herndon, Holmes, Hurst, Jones, Kellam, Kendrick, Kilby, Lee, Lewis, Long, Martin,
McDonald, Magill, Merritf, Miller, Moore, Morgan, Morris, Mosby, Newberry, Owen,
Parsons, Pate, Patterson, Peed, Pendleton, Purdy, Riggs, Rixey, Robertson, Scott,
Smith, Stearns, Straughan, Strayer, J. McDowell Taylor, Teeter, Thompson, Townes,
Trout, W. A. Turner, Z. Turner, Waddell, Watkins, White, Woltz, Wood, Woodson, Wool-
dridge, Word and Wyatt—83.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, - - 117
Necessary to a choice, - 59
Egbert E. Watson received - - 117
The Speaker declared Egbert E. Watson duly elected judge of the
tenth judicial circuit.
The house proceeded to the election of judge of the eleventh ju¬
dicial circuit.
Hugh W. Sheffey of Augusta county, has been nominated by the
governor.
The roll was called, with the following result:
For Hugh W. Sheffey, 76
David E. Moore, - 1
In the negative, - 1
The vote was recorded as follows:
For Mr. Sheffey—Messrs. Atkinson, Baylor, Bekem, Bowles, Braxton, Brown,
Browning, Cabell, A. J. Clark, Daniel, Davis, Davidson, Deskins, English, Evans,
Fields, Garnett, Garrett, Gibboney, Glendy, Graham, Grattan, Hancock, Harris, Hans¬
brough, Hardy, Harnsberger, Herndon, Holmes, Hurst, Jones, Kellam, Kendrick, Lee,
Lewis, Long, Martin, McDonald, Magill, Merritt, Miller, Moore, Morgan, Morris, Mosby,
Newberry, Owen, Parsons, Pate, Patterson, Peed, Pendleton, Purdy, Riggs, Rixey, Ro¬
bertson, Scott, Smith, Stearns, Straughan, Strayer, J. McDowell Taylor, Teeter, Thomp¬
son, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Watkins, AVhite, Woltz, Wood,
Wooldridge, Word and Wyatt—76.
For Mr. Moore—Mr. Booker—1.
In the negative—Mr. W. T. Clark—1.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, - - 101
Necessary to a choice, - 51
Hugh W. Sheffey received - - 97
Against him, - 4
396
JOURNAL OF THE HOUSE OF DELEGATES.
The Speaker declared Hugh W. Sheffey duly elected judge of the
eleventh judicial circuit.
The house proceeded to the election of judge of the twelfth ju¬
dicial circuit.
John T. Harris of Rockingham county, has been nominated by
the governor.
The roll was called, with the following result:
For John T. Harris, 48
J. C. Woodson, 3
Moses Walton, - 1
Z. Turner, - 1
In the negative, 19
The vote was recorded as follows:
For Mr. Harris—Messrs. Atkinson, Booker, Bowles, Braxton, Brown, Browning, A. J.
Clark, Daniel, Davis, Deskins, Dickenson, Fields, Garnett, Garrett, Glendy, Graham,
Harris, Hansbrough, Hardy, Harnsberger, Kendrick, Lewis, Long, Magill, Moore, Mor¬
gan, Morris, Owen, Parsons, Pate, Peed, Pendleton, Riggs, Robertson, Stearns, Straughan,
Strayer, J. McDowell Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner,
White, Woltz, Wood and Word—48.
For Mr. Woodson—Messrs. Hurst, Kellam and Wyatt—3.
For Mr. Walton—Mr. Jackson—1.
For Mr. Turner—Mr. Scott—1.
In the negative—Messrs. Bekem, Cabell, W. T. Clark, Davidson, Evans, Gibboney,
Hancock, Herndon, Jones, Lee, Martin, Miller, Mosby, Newberry, Patterson, Purdy,
Rixey, Smith, Wall, Woodson and Wooldridge—19.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, 98
Necessary to a choice, 50
John T. Harris received 67
J. C. Woodson " - 3
Z. Turner " - 1
Moses Walton, " - - - 1
In the negative, 25
The Speaker declared John T. Harris duly elected judge of the
twelfth judicial circuit.
The house proceeded to the election of judge of the thirteenth ju¬
dicial circuit.
Richard Parker has been nominated by the governor.
The roil was called, with the following result:
For Richard H. Parker, 82
The vote was recorded as follows:
For Mr. Parker—Messrs. Baldwin (speaker), Atkinson, Bekem, Booker, Bowles, Brax¬
ton, Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Davison, Davidson,
Deskins, Dickenson, Dunnington, English, Evans, Fields, Garnett, Garrett, Gibboney,
Glendy, Graham, Grattan, Hancock, Harris, Hansbrough, Hardy, Harnsberger, Herndon,
Holmes, Hurst, Jones, Kellam, Kendrick, Kilby, Lee, Lewis, Long, Martin, McDonald,
Magill, Merritt, Miller, Moore, Morgan, Morris, Mosby, Newberry, Owen, Parsons, Pate,
Patterson, Peed, Pendleton, Purdy, Riggs, Rixey, Robertson, Scott, Smith, Stearns,
Straughan, Strayer, J. McDowell Taylor, Teeter, Thompson, Townes, Trout, W. A. Tur¬
ner, Z. Turner, Waddell, Watkins, White, Woltz, Wood, Wooldridge, Word and Wyatt—82,
JOURNAL OF THE HOUSE OF DELEGATES.
397
The cojnmittee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, - - 106
Necessary to a choice, - 54
Richard Parker received - 106
The Speaker declared Richard Parker duly elected judge of the
thirteenth judicial circuit.
The house proceeded to the election of judge of the fourteenth
judicial circuit.
Robert M. Hudson has been nominated by the governor.
The roll was called, with the following result:
For Robert M. Hudson, 79
The vote was recorded as follows:
For Mr. Hudson—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker,
Bowles, Braxton, Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Da¬
vidson, Deskins, Dickenson, Dunnington, English, Evans, Fields, Garnett, Garrett, Gibbo-
ney, Glendy, Graham, Grattan, Hancock, Harris, Hansbrough, Hardy, Harnsberger,
Herndon, Holmes, Jones, Kendrick, Kilby, Lee, Lewis, Long, Martin, McDonald, Magill,
Merritt, Miller, Moore, Morgan, Mosby, Newberry, Owen, Parsons, Pate, Patterson,
Peed, Pendleton, Purdy, Riggs, Rixey, Robertson, Scott, Smith, Stearns, Straughan,
Strayer, J. McDowell Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Tur¬
ner, Waddell, Watkins, White, Woltz, Wood, Wooldridge, Word and Wyatt—79.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, - - 103
Necessary to a choice, - - 52
Robert M. Hudson received - - 103
The Speaker declared Robert M. Hudson duly elected judge of the
fourteenth judicial circuit.
The house proceeded to the election of judge of the fifteenth ju¬
dicial circuit.
Andrew S. Fulton has been nominated by the governor.
The roll was called, with the following result:
For Andrew S. Fulton, 80
The vote was recorded as follows:
For Mr. Fulton—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker,
Bowles, Braxton, Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Da¬
vidson, Deskins, Dickenson, Dunnington, English, Fields, Garnett, Garrett, Gibboney,
Glendy, Graham, Grattan, Hancock, Harris, Hansbrough, Hardy, Harnsberger, Herndon,
Holmes, Jones, Kendrick, Kilby, Lee, Lewis, Long, Martin, McDonald, Magill, Merritt,
Miller, Moore, Morgan, Morris, Mosby, Newberry, Owen, Parsons, Pate, Patterson, Peed,
Pendleton, Purdy, Riggs, Rixey, Robertson, Scott, Smith, Stearns, Straughan, Strayer,
J. McDowell Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Wad¬
dell, Watkins, White, Woltz, Wood, Woodson, Wooldridge, Word and Wyatt—80.
The committee subsequently, by their chairman, reported as fol-
lows:
Whole number of votes cast, - - 104
Necessary to a choice, ^ 53
Andrew S. Fulton received - - 104
The Speaker declared Andrew S. Fulton duly,elected judge of the
fifteenth judicial circuit.
398
JOURNAL OF THE HOUSE OF DELEGATES.
The house proceeded to the election of judge of the sixteenth ju¬
dicial circuit.
John A. Campbell has been nominated by the governor.
The roll was called, with the following result:
For John A. Campbell, 81
The vote was recorded as follows:
For Mr. Campbell—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker,
Bowles, Braxton, Brown, Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Da¬
vidson, Deskins, Dickenson, Dunnington, English, Evans, Fields, Garnett, Garrett, Gib-
boney, Glendy, Graham, Grattan, Hancock, Harris, Hansbrough, Hardy, Harnsberger,
Herndon, Holmes, Jones, Kellam, Kendrick, Kilby, Lee, Lewis, Long, Martin, McDonald,
Magill, Merritt, Miller, Moore, Morgan, Morris, Mosby, Newberry, Owen, Parsons, Pate,
Patterson, Peed, Pendleton, Purdy, Riggs, Rixey, Robertson, Scott, Smith, Stearns,
Straughan, Strayer, J. McDowell Taylor, Teeter, Thompson, Townes, Trout, W. A. Tur¬
ner, Z. Turner, Waddell, Watkins, White, Woltz, Wood, Wooldridge, Word and Wyatt—81.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, - - 105
Necessary to a choice, - 53
John A. Campbell received - - 105
The Speaker declared John A. Campbell duly elected judge of the
sixteenth judicial circuit.
A message was received from the senate by Mr. Keen, who in¬
formed the house of delegates that the senate had passed a joint
resolution in regard to the manner of certifying and communicating
to the governor the action of the general assembly in relation to the
election of judges.
The resolution was taken up and agreed to as follows:
Resolved by the general assembly, That the clerk of the senate
and the clerk of the house of delegates communicate and certify to
the governor of the commonwealth the result of the election of judges,
nominated by the executive, and proceeded with as the joint order of
to-day.
On motion of Mr. White, the house adjourned until to-morrow,
eleven o'clock.
FRIDAY, February 23, 1866.
Prayer by the Rev. Dr. Hoge of the Presbyterian church.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as fol¬
lows:
In senate, February 22, 1866.
The senate have passed house bill entitled:
An act for the relief of the Winchester and Potomac railroad com¬
pany, No. 126.
No. 112, An engrossed bill authorizing the governor to lease out
JOURNAL OF THE HOUSE OF DELEGATES.
399
the armory grounds, and provide barracks for the public guard, re¬
ported from the committee on the armory, was placed on the calendar.
No. 168, An engrossed bill amending and re-enacting the 13th sec¬
tion of chapter 157 of the Code of 1860, so as to create the office of
judge of the court of hustings for the city of Portsmouth, reported
from the committee for courts of justice, was placed on the calendar.
No. 24, A senate bill entitled an act to authorize John M. Faunt-
leroy to establish a ferry across the Mattapony river, reported from
the committee of roads and internal navigation, was placed on the
calendar.
No. 219, An engrossed bill to incorporate the Bank of the State of
Virginia, reported from the committee, with a recommendation that
the house of delegates do not concur in the amendment proposed by
the senate, was placed on the calendar.
No. 78, A senate bill entitled an act to regulate express business
over the railroads of Virginia, reported from the committee of roads
and internal navigation, with a recommendation that it do not pass,
was placed on the calendar.
No. 84, A senate bill entitled an act to incorporate the Valley rail¬
road company, was read the 1st and 2d times, and referred to the com¬
mittee of roads and internal navigation.
The bill was subsequently reported from the committee of roads and
internal navigation, and placed on the calendar.
No. 144, An engrossed bill transferring turnpikes to the counties
in which they lie, reported from the committee of roads and internal
navigation, was placed on the calendar.
The following bills, reported from the committee of propositions and
grievances, were placed on the calendar:
No. 139, A senate bill entitled an act to incorporate the commer¬
cial insurance and savings company of Petersburg, with an amend¬
ment.
No. 121, A senate bill entitled an act to incorporate the Tredegar
company. ,
No. 69, A senate bill entitled an act to incorporate the St. Patrick
beneficial society of the city of Portsmouth, with a recommendation
that it do not pass.
No. 100, A senate bill entitled an act to incorporate the St. Francis
infirmary in the city of Richmond, with a recommendation that it do
not pass.
No. 195, An engrossed bill to incorporate the Valley mining, ex¬
ploring and manufacturing company.
The following bills, reported from the committee of propositions
and grievances, were read the first time, and placed on the calendar for
a second reading:
No. 289, A bill to amend and re-enact the act passed January 12,
1853, in regard to the sealer of weights and measures.
No. 290,°A bill amending the charter of the town of Scottsville, in
the county of Albemarle.
400
JOURNAL OF THE HOUSE OF DELEGATES.
No. 291, A bill to amend tbe 3d section of the charter of the Vir¬
ginia slate company.
The following report from the committee of propositions and
grievances was agreed to:
The committee of propositions and grievances, do whom was refer¬
red the petition of citizens of Henrico and other counties, in regard
to the tolls on the Richmond and Charlottesville turnpike, beg leave
to report, that they deem it inexpedient to legislate on the subject at
this time, and ask to be discharged from the further consideration of
the same.
•The report of the committee of conference on the subject of public
printing, was placed on the calendar.
The following report from the committee of claims was agreed to:
The committee of claims have, according to order, had under con¬
sideration the petition of James J. Cole, jailor of Alexandria, asking
payment of accounts claimed by him for board of prisoners in said
jail between the 28th of June and 15th of October 186*1; also the
claim of James R. Cole, for payment of an account as guard of said
jail from the 20thof May 1861 to the 4th of November of the same
year, and beg leave to report, that the delay in presenting the claims
referred to (unexplained) when ample time was afforded, whilst the
authorities were in Alexandria, to apply for their payment, would
prevent the committee from recommending payment; but apart from
that objection, it is sufficient to say, that if the claims are just, the
law has provided for them, and there is no necessity for legislation
upon the subject; and therefore, they have adopted the following
resolution:
Resolved, That the committee, for the reasons aforesaid, respect¬
fully ask to be discharged from the further consideration of said
petitions.
The following papers were presented, under Rule 37:
By Mr. Graham:
A bill to incorporate the Rockbridge manufacturing company; re¬
ferred to the committee of propositions and grievances.
The bill was subsequently reported from the committee of propo¬
sitions and grievances, read the first time, and placed on the calendar
for a second reading.
By Mr. English:
Petition of William Bushby, jailor of Alexandria county, Vir¬
ginia; referred to the committee of claims.
On motions severally made, leave of absence was granted Messrs.
W. F. B. Taylor, Jones, Watkins and Dunnington.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
On motion of Mr. Kilby, Rule 52 was suspended, and
No. 284, A bill to authorize the trustees of Yates free schools to
sell lands, &c., was read a second time, and ordered to be engrossed
to be read a third time.
JOURNAL OF THE HOUSE OF DELEGATES.
401
The hill being forthwith engrossed, was, on motion of Mr. Kilby
(Rule 52 being suspended and two-thirds of the members elect con¬
curring), read a third time and passed.
On motion of Mr. Lee, Rule 52 was suspended, and
No. 280, A bill to amend the act passed March 18th, 1861, entitled
an act to' amend the charter of the city of Richmond, was read a
second time, and ordered to be engrossed to be read a third time.
The bill being forthwith engrossed, was, on motion of Mr. Lee
(two-thirds of the members elect concurring), read a third time and
passed.
Ordered, That Mr. Evans carry the bill to the senate, and request
their concurrence.
On motion of Mr. Evans, Rule 52 was suspended, and
No. 281, A bill to repeal the act amending the charter of the city
of Richmond, passed February 7th, 1866, was read a second time,
and ordered to be engrossed to be read a third time.
The bill being forthwith engrossed, was, on motion of Mr. Lee,
(Rule 52 being suspended and two-thirds of the members elect con¬
curring), read a third time and passed.
Ordered, That Mr. Evans carry the bill to the senate, and request
their concurrence.
On motion of Mr. Wall, Rule 52 was suspended, and
No. 274, A bill to authorize the common council of Winchester to
borrow money, was read a second time, and ordered to be engrossed
to be read a third time.
On motion of Mr. Wilson, Rule 52 was suspended, and
No. 243, A bill to amend and re-enact the 10th section of the act
entitled an act to incorporate the Lynchburg fire, life and marine
insurance- company, was read a second time, and ordered to be
engrossed to be read a third time.
JNo. 195, An engrossed bill to incorporate the Valley mining, ex¬
ploring and manufacturing company, came up.
The amendment proposed by the senate was agreed to as follows ;
Section 2, line 5, strike out the word " fifteen," and insert in lieu
thereof the wold "fifty."
No. 178, An engrossed bill to incorporate the Pound gap bridge
company, came up.
The amendment proposed by the senate was agreed to as follows:
Amend title, by striking out the word " gap," and inserting in
lieu thereof the word " river."
No. 219, An engrossed bill to incorporate the Bank of the State
of Virginia, came up.
The amendment proposed by the senate was disagreed to, as fol¬
lows:
Section 3, strike out all of the section, from the word "members,",
in the first line, and insert in lieu thereof the words " the money
received on deposit, and other funds of the institution, may be in¬
vested in, or loaned on any stocks or real security, or be used in
purchasing or discounting bonds, bills, notes or other paper, subject
402
JOURNAL OF THE HOUSE OF DELEGATES.
to the following restrictions—that no security for money or other
valuable thing which may have become payable, other than certificates
of debt of this state, or of the United States, or of corporations,
shall be purchased for less than the full amount thereof, with all the
interest that may be due thereon; and no debt or claim to become
due, other than such certificates, shall be purchased or discounted at
a rate of discount or interest exceeding the rate of three-fourths of
one per centum for thirty days; but the interest may in any case he
received in advance."
Ordered, That Mr. Lee inform the senate of the action of the
house of delegates.
The following senate bills were read a third time and passed:
No. 113, A senate bill entitled an act to incorporate the Bock-
bridge savings institution at Lexington, Virginia.
No. 80, A senate bill entitled an act to incorporate the planters
savings bank of the city of Richmond.
No. 76, A senate bill entitled an act to incorporate the farmers
and miners savings bank of Alleghany at Covington.
No. 73, A senate bill entitled an act to incorporate the Botetourt
savings institution of Buchanan, came up.
The amendment proposed by the committee on banks was rejected,
as follows:
Strike out section 3, which is as follows:
" Said savings institution is authorized to guarantee or insure the
payment of bonds, notes, bills and other pecuniary obligations, and
to charge, for such guarantee or insurance, such rate of premiums as
shall be agreed on."
The bill was read a third time and passed.
No. 24, A senate bill entitled an act to authorize John M. Faunt-
leroy to establish a ferry across the Mattapony river, came up.
The amendment proposed by the senate to the substitute proposed
by the house of delegates, was agreed to as follows:
Strike out section 2, and insert in lieu thereof the following:
"2. It shall be lawful to charge three cents for every person, every
wheel, every horse, mule or work ox; one cent for every head of cat¬
tle; ten cents for every score of sheep, hogs, goats or lambs; and so in
proportion for a greater or less number transported across-said ferry:
provided it shall not be lawful for the owners thereof to ask, demand
or receive more than five dollars for the annual rent or use of the said
ferry, under any contract made with any person for the passage of his
or her family and the transportation of the produce of his or her farm
during any year: and provided further, that the owners of said ferry shall
have two years and six months from the passage of this act to rebuild
the bridge for which the said ferry is hereby substituted; for which
period only this act shall be in force; and that after the said bridge
shall be rebuilt, the provisions of the act under which the same was
originally built shall apply to the same."
' No. 138, A senate bill entitled an act to amend and re-enact the
1st section of an act passed 15th December 1865, entitled an act for
JOURNAL OP THE HOUSE OP DELEGATES.
403
the relief of Henry Stephenson of Frederick county, was read a third
time and passed.
No. 100, A senate hill entitled .an act to incorporate the St. Fran¬
cis infirmary in the city of Richmond, was read a third time; and the
question being—Shall the bill pass ? was put, and decided in the
negative.
Resolved, That the bill be rejected.
No. 69, A senate bill entitled an act to incorporate the St. Patrick
beneficial society of the city of Portsmouth, came up.
The question being on ordering the bill to its third reading, was
put, and decided in the negative.
Resolved, That the bill be rejected.
No. 121, A senate bill entitled an act to incorporate the Tredegar
company, was read a third time and passed.
No. 139, A senate bill entitled an act to incorporate the commer¬
cial insurance and savings company of Petersburg, came up.
The amendment proposed by the committee of propositions and
grievances was agreed to as follows:
In section 8, lines 8 and 9, strike out the words " to guarantee the
payment of notes, bonds and bills of exchange."
On motion of Mr. Z. Turner, the bill was amended by inserting in
line 12 of section 8, after the word "stockholders," " at a rate of inte¬
rest not exceeding that allowed by law."
A message was received from the senate by Mr. Coleman, who in¬
formed the house of delegates that the senate had agreed to the re¬
port of the select joint committee on the amendment proposed by the
senate to an ordinance (of the house) to alter and amend the third
article of the constitution, with an amendment; in which they re¬
spectfully requested the concurrence .of the house of delegates.
No. 84, A senate bill entitled an act to incorporate the Valley
railroad company, came up.
Mr. Grattan moved to amend the bill by inserting in section 4, line
6, after the word " company," the following: " And the said depots
shall be located and constructed at the points and in the mode which
will be most convenient for the delivery and receipt of freight to or
from the canal; and the same shall be executed in the manner which
shall be agreed upon by the president and directors of the said
company, and the president and directors of the James river and
Kanawha canal company, or their successors; and in the event of
their disagreement, as shall be prescribed by the board of public
works."
The question being on agreeing to the amendment,
Mr. White moved the pending question; which was ordered.
The amendment of Mr. Grattan was rejected.
The bill was ordered to be read a third time.
Mr. W. T. Clark moved the previous question; and the main
question was ordered.
The question being on the passage of the bill, was put, and decided
in the affirmative—ayes 55; noes 35.
404
JOURNAL OF THE HOUSE OF DELEGATES.
On motion of Mr. Lee, the vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Baylor, Bekem, Bently, Booker, Braxton, Brown,
Cabell, W. T. Clark, Childress, Davison, Davidson, Deskins, Dickenson, Dunnington,
Fields, Gibboney, Glendy, Graham, Graves, Gray, Harris, Hansbrough, Hardy, Harnsber-
ger, Herndon, Jackson, Kendrick, Lewis, Long, Mann, Marshall, Martin, Magill, Moore,
Newberry, Parsons, Patterson, Peed, Pendleton, Powell, Biggs, Scott, Strayer, J. Mc¬
Dowell Taylor, Thompson, Trout, W. A. Turner, Waddell, Wall, Wilson, Woltz, Wood,
Woodson and Word—55.
Noes—Messrs. Atkinson, Bowles, A. J. Clark, Daniel, Davis, English, Evans, Garnett,
Garrett, Grattan, Hancock, Holmes, Jones, Joynes, Kilby, Langhorne, Lee, Merritt,
Miller, Morgan, Morris, Mosby, Owen, Pate, Purdy, Robertson, Seawell, Smith, Stearns,
Straughan, Teeter, Z. Turner, White, Wooldridge and Wyatt—35.
No. 152, A bill to incorporate the Valley railroad company, came
np, and on motion of Mr. Garnett, was dismissed.
No. 223, An engrossed bill granting permission to J. T. Burks and
J. L. Burks, to improve New river, came up, and on motion of Mr.
Pendleton, was recommitted.
The following engrossed bills were read a third time and passed:
No. 164, A bill to incorporate the planters loan association.
No. 214, A bill to incorporate the Richmond savings bank and in¬
surance company.
No. 235, A bill to incorporate the friendship fire company of Alex¬
andria.
No. 237, A bill to incorporate the insurance and savings company
of Virginia.
No. 240, A bill to incorporate the life insurance company of the
state of Virginia.
No. 161, A bill to revive, re-enact and amend the Pittsylvania
railroad company, came up, and on motion of Mr. W. T. Clark, was
passed by.
No. 191, A bill to authorize the reconstruction of the bridge, lately
burned, across the Bivanna river near Charlottesville, Virginia, came
up, and on motion of Mr. Wood, was dismissed.
No. 245, A bill to extend the limits of the city of Richmond, came
up, and on motion of Mr. White, was recommitted.
No. 265, A bill conferring authority upon certain persons to erect
a toll bridge across the Pamunkey river in Caroline county, was read
a second time.
On motion of Mr. Wyatt, the bill was amended by inserting in the
3d line, after the word "chandler," the words "and such other per¬
sons as they may associate with them."
The bill was ordered to be engrossed to be read a third time.
A message was received from the senate by Mr. Power, who in¬
formed the house of delegates that the senate had agreed to the
amendment proposed by the house of delegates to a bill entitled an
act amending sections 21, 22, 23, 25, 27, 30, 32, 33 and 47, chapter
101 of the Code (edition of 1860), concerning the taxing and plant¬
ing, selling and buying of oysters, No. 110.
A message was received from the senate by Mr. Gait, who informed
the house of delegates that the senate had passed house bill entitled
an act making appropriation to the university of Virginia, No. 142.
JOURNAL OF THE HOUSE OF DELEGATES.
405
A message was received from the senate by Mr. Cabell, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to incorporate the Rockbridge manufacturing company,
No. 155.
No. 283, A bill to incorporate the Virginia guano company, came
up, and on motion of Mr. Graham, was passed by.
Subsequently, on motion of Mr. W. T. Clark, the bill was recom¬
mitted.
The following bills were read a second time, and ordered to be en¬
grossed to be read a third time:
No. 243, A bill to amend and re-enact the 10th section of the act
entitled an act to incorporate the Lynchburg fire, life and marine in¬
surance company.
No. 244, A bill changing the charter of the city of Lynchburg.
No. 249, A, bill incoporating the Manchester Union building fund
association.
No. 250, A bill to amend section 11 of an act entitled an act to
establish a system of district free schools for King George county.
No. 251, A bill for the relief of the Richmond medical college.
No. 252, A bill to incorporate the Virginia industrial association.
No. 255, A bill to incorporate the Virginia savings bank.
No. 265, A bill conferring authority upon certain persons to erect
a toll bridge across the Pamunkey river in Caroline county.
No. 266, A bill to incorporate the Old Dominion towing and trans¬
portation company.
No. 267, A bill to incorporate the Shenandoah copper mining
company.
No. 268, A bill to incorporate the Columbian manufacturing com¬
pany in the city of Richmond.
No. 272, A bill to authorize the erection of a bridge across the
North Anna river in Caroline county.
No. 278, A bill to incorporate the Church Hill female seminary in
the county of Henrico.
No. 281, A bill to repeal the act to amend the charter of the city
of Richmond.
No. 282, A bill to incorporate the contractors association.
No. 292, A bill to incorporate the Rockbridge manufacturing
company.
No. 290, A bill amending the charter of the town of Scottsville
in the county of Albemarle, was (two-thirds of the members elect
concurring) read a second time, and ordered to be engrossed to be
read a third time.
No. 291, A bill to amend the 3d section of the charter of the Vir¬
ginia slate company, was (two-thirds of the members elect concurring)
read a second time, and ordered to be engrossed to be read a third
time. •
On motion of Mr. Scott, the house adjourned until to-morrow,
eleven o'clock.
406
journal of the house of delegates.
SATURDAY, February 24, 1866.
Prayer by Rev. Dr. Hoge.
A communication from tlie senate, by their clerk, was read as fol¬
lows:
In senate, February 23, 1866.
The senate have agreed to joint resolutions entitled:
Resolutions in relation to the sale of paper in the library, No. 180.
Resolutions for extending for a limited time the use of the law
books in the state library, No. 210.
An ordinance to alter or amend the third article of the constitution,
was taken up; and on motion of Mr. Wilson, the rule requiring its
commitment to a committee was suspended, and the ordinance was
placed on the calendar.
No. 155, A senate bill to incorporate the Rockbridge manufacturing
company, was read the first and second times.
On motion of Mr. Graham, the rule requiring its reference to a
committee was suspended, and the bill was placed on the calendar.
No. 44, A senate bill to amend the 1st section of chapter 18
of the Code, in relation to the appointment of certain officers at the
seat of government, reported from the committee for courts of justice,
with the recommendation that the house of delegates insist upon its
amendment to the same, was placed on the calendar.
No. 124, A senate bill to make portions of Banister river and
White-thorn creek, in the county of Pittsylvania, lawful fences, was
reported from the committee on agriculture and manufactures, and
placed on thS calendar.
No. 293, A bill to authorize the town council of Fredericksburg to
fund the interest due on the public debt of said town, was reported
from the committee of propositions and grievances, and placed on the
calendar. i
No. 223, A bill granting permission to J. T. Burks and J. L. Burks
to improve New river, reported from the committee of roads and in¬
ternal navigation, with an amendment in the nature of a substitute,
was placed on the calendar.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had passed house bills,
entitled an act to repeal the act amending the charter of the city of
Richmond, passed February 7, 1866, No. 281; an act to amend the
act passed March 18, 1861, entitled an act to amend the charter
of the city of Richmond, No. 280; and that the senate had receded
from their amendment to house bill to incorporate the Bank of the
State of Virginia, No. 219.
On motion of Mr. Pendleton, leave of absence was granted to Mr.
Gibboney.
On motion of Mr. Booker, leave of absence was granted to Mr.
Childress.
journal of the house of delegates.
407
The following report from the committee of conference on the dis¬
agreeing votes of the two houses on a senate bill to repeal the act
passed June 22, 1865. in relation to salaries, &c. No. 85, was read as
follows:
Your committee of conference, to whom was referred the question
of disagreement between the two houses of the general assembly, upon
the hill to repeal the act passed June 22,1865, in relation to the sala¬
ries of certain officers of government, and to revise certain sections of
the Code repealed by said act, report: "A hill to amend and re-enact
the 1st, 2d, 3d and 4th sections of chapter 14 of the Code (edition of
1860)/' as a substitute for the bill and amendment, and recommend
its adoption.
E. F. Keen, G. S. 0.
Peachy E. Grattan, G. H. G.
The substitute for senate hill No. 85 (reported by the committee
of conference) was placed on the calendar.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed the hill recommended
by the committee of conference as a substitute for senate hill No. 85.
The following report from the committee of claims was agreed to:
The committee of claims have, according to order, had under con¬
sideration the petition of William Bushly, jailor of Alexandria county,
asking to be.paid a sum of money alleged to have been expended by
him in carrying a prisoner before Judge E. M. Watson, upon a writ
of habeas corpus, dated the 15th September 1865, and beg leave to
report, that, according to the showing of the petitioner, the claim is
not one for which the state is liable, and have therefore adopted the
following resolution:
Eesolved, That the committee deem it unnecessary and inexpedient
to legislate upon the subject, and therefore respectfully ask to be dis¬
charged from the further consideration thereof.
The following papers were presented and referred, under Eule 37:
By Mr. HansbroUgh:
A hill authorizing J. B. Ficklin to establish a ferry across the
Eappahannock river at Falmouth; which was referred to the commit¬
tee of propositions and grievances.
By Mr. Grattan:
A hill giving the consent of the state of Virginia to the action of
West Virginia in regard to the Virginia canal company; which was
referred to the committee of roads and internal navigation.
By Mr. Smith:
Eesolved, That the committee on asylums he instructed to report
to the house, at the earliest convenient moment, the result of their
investigation of the management of the Eastern, lunatic asylum
during the war, and enquire if any legislation is necessary to change
the present mode of managing said institution; and report by hill or
otherwise.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
408
JOURNAL OF THE HOUSE OF DELEGATES.
Mr. Lee moved to reconsider the vote by which senate bill incorpo¬
rating the St. Francis infirmary, No. 100, was rejected; and the
question was put thereon, and agreed to.
On motion of Mr. Grattan, the vote by which the said bill was
ordered to its third reading was reconsidered; and on his further
motion, the bill was passed by.
Subsequently, on motion of Mr. Lee, the vote by which the bill
was passed by was reconsidered: Thereupon,
On motion of Mr. Grattan, the bill was amended, in the 4th line
of 2d section, by inserting after the word " acres" the words "not to
exceed in value fifty thousand dollars;" and on his further motion,
the bill was amended, in the 2d section, 5th line, by striking out the
words "bequests and devises," and inserting " not to exceed in the
whole one hundred thousand dollars."
The bill was then read the third time and passed.
No. 223, An engrossed bill granting permission to J. T. Burks and
J. L. Burks to improve New river, came up.
The question being on agreeing to the substitute proposed by the
committee of roads and internal navigation, was put, and decided in
the affirmative.
The bill was read a third time and passed.
Ordered, That Mr. Pendleton carry the bill to the senate, and
request their concurrence.
No. 124, A senate bill entitled an act to make portions of Banister
river and White-thorn creek, in the county of Pittsylvania, a lawful
fence, was read a third time and passed.
No. 155, A senate bill entitled an act to incorporate the Rock¬
bridge manufacturing company, was read a third time and passed.
No. 293, A bill to authorize the. town council of Fredericksburg to
fund the interest due on the public debt of said town (two-thirds of
the members elect concurring), was read a second time, and ordered
to be engrossed to be read a third time.
The following engrossed bills were read a third time and passed:
No. "243, A bill to amend and re-enact the 10th section of the act
entitled an act to incorporate the Lynchhurg fire, life and marine
insurance company.
Ordered, That Mr. Wilson carry the bill to the senate, and request
their concurrence.
No. 244, A bill changing the charter of the city of Lynchburg.
Ordered, That Mr. Wilson carry the bill to the senate, and request
their concurrence.
No. 268, A bill incorporating the Columbian manufacturing com¬
pany in the city of Richmond.
Oinlered, That Mr. Grattan carry the bill'to the senate, and request
their concurrence.
No. 290, A bill amending the charter of the town of Scottsville,
in the county of Albemarle.
Ordered, That Mr.'Evans carry the bill to the senate, and request
their concurrence.
JOURNAL OF THE HOUSE OF DELEGATES.
409
No. 267, A bill to incorporate the Shenandoah copper mining
company.
No. 272, A bill to authorize the erection of a bridge across the
North Anna river in Caroline county.
No. 265, A bill conferring authority upon certain persons to erect
a toll bridge across the Pamunkey river in Caroline county.
No. 266, A bill to incorporate the Old Dominion towing and trans¬
portation company.
No. 252, A bill to incorporate the Virginia industrial association.
No. 291, A bill to amend the 3d section of the charter of the
Virginia slate company.
No. 249, A bill incorporating the Manchester Union building fund
association.
No. 250, A bill to amend section 11 of an act entitled an act to
establish a system of district free schools for King George county.
No. 282, A bill to incorporate the contractors association.
No. 255, A bill to incorporate the Virginia savings bank.
No. 274, A bill to authorize the common council of Winchester to
borrow money.
No. 278, A bill to incorporate the Church Hill female seminary
in the county of Henrico.
No. 251, A bill for the relief of the Richmond medical college,
was taken up, read the third time, and the question on the passage
thereof being put, was determined in the affirmative—ayes 58;
noes 19.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Bekem, Bently, Bowles, Browning, Cabell,
A. J. Clark, Daniel, Davison, Evans, Fields, Garnett, Garrett, Gibboney, Glendy, Graham,
Grattan, Graves, Gray, Hardy, Herndon, Holmes, Jackson, Joynes, Lee, Mann, Marshall,
Martin, Magill, Merritt, Morgan, Owen, Pate, Pendleton, Powell, Purdy, Rixey, Scott,
Seawell, Smith, Stearns, Strayer, J. McDowell Taylor, Townes, Trout, W. A. Turner, Z.
Turner, Waddell Wall, Watkins, White, Wilson, Woltz, Wood, Wooldridge, Word and
Wyatt—58.
Noes—Messrs. Baylor, Booker, Brown, Childress, Deskins, Dickenson, Harris, Ken-
drick, Kilby, Lewis, Long, Miller, Moore, Morris, Mosby, Newberry, Parsons, Patterson
and Teeter—19.
No. 292, An engrossed bill to incorporate the Rockbridge manu¬
facturing company, came up, and on motion of Mr. Graham, was
dismissed.
A message was received from the senate by Mr. Cabell, who in¬
formed the house of delegates that the senate had passed a bill to
provide for the assertion of the rights of this commonwealth to juris- -
diction over the counties of Jefferson and Berkeley, No. 130.
The house proceeded with business on the public calendar.
A message was received from the senate by Mr. Power, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to provide for the liabilities of the lunatic asylum at
Williamsburg, incurred prior to the 1st day of July 1865, No. 254
No. 263 Joint resolution in relation to Hon. John C. Underwood,
beino-'the unfinished business of Thursday, came up.
" 52
410
JOUENAL OP THE HOUSE OF DELEGATES.
The question being on agreeing to the amendment of Mr. Straughan,
Mr, Pendleton moved the pending question; .which was ordered.
The amendment was then rejected.
The joint resolution was ordered to he engrossed to he read a third
time.
An ordinance to alter and amend the 3d article of the constitution,
came up.
The amendment proposed hy the senate to the amendment pro¬
posed hy the joint committee on the subject, was agreed to as follows:
Strike out all of the amendment after the word "him," and insert
in lieu thereof the words»" for the preceding year."
On motion of Mr. Baldwin, Bule No. 52 was suspended, and
No. 273, A hill to incorporate the Covington and Ohio railroad
company, was taken up.
Mr. Grattan moved that the hill he passed hy; which was rejected.
The hill was read a second time.
On motion of Mr. Baldwin, the hill was amended hy striking out
the whole of the 3d section, and inserting in lieu thereof the follow¬
ing:
"The said Covington and Ohio railroad company shall have the
right to construct a branch from its main line, to connect with the
Virginia and Tennessee railroad at such points as it may deem most
expedient; and the said company is hereby empowered to acquire
real property necessary for the construction of the said railroad and
of the said branch."
Mr. Lee moved to amend the hill hy inserting in the 2d line of the
9th section, after the name of "William J. Robertson," the names
of "Walter R. Staples and Peachy R. Grattan."
Mr. Booker moved to amend the amendment of Mr. Lee hy insert¬
ing after the name of "Peachy R. Grattan" the name of "William
Martin."
Mr. Townes moved the pending question; which was ordered.
The question being on agreeing to the amendment to the amend¬
ment, was put, and decided in the negative.
The question recurring on the amendment of Mr. Lee,
Mr. Waddell moved the pending question; which was ordered.
The amendment of Mr. Lee was rejected.
Mr. Lee moved to amend the bill, in the 2d line of the 9th section,
by striking out the name of " R. H. Maury," and inserting in lieu
thereof "P. R. Grattan;" which was rejected.
On motion of Mr, Evans, the hill was amended hy adding at the
end of the 9th section the following: " provided, that no act of the
said commissioners, whether acting hy themselves, or in conjunction
with commissioners to he appointed hy the state of West Virginia,
shall he valid or effectual, unless approved and voted for hy at least
three of the commissioners provided for hy this act."
Mr. Stearns moved to amend the hill hy inserting in the 2d line of
the 9th section, after the name " William J. Robertson," the words
" and the hoard of public works."
JOURNAL OF THE HOUSE OF DELEGATES. 41,1
Mr. Atkinson moved the pending question; which was ordered.
The amendment of Mr. Stearns was rejected—ayes 24; noes 48.
On motion of Mr. Pendleton, the vote was recorded as follows:
Ayes—Messrs. Braxton, Davidson, Dickenson, Evans, Garnett, Garrett, Grattan, Gray,
Kendrick, Lee, Lewis, Morgan, Mosby, Newberry, Parsons, Pendleton, Rixey, Stearns,
Straughan, Teeter, Trout, W. A. Turner, Wood and Wooldridge—24.
Noes—Messrs. Atkinson, Baylor, Bekem, Bently, Booker, Bowles, Brown, Browning,
Cabell, A. J. Clark, Daniel, Davison, Deskins, Glendy, Graham, Graves, Hancock, Harris,
Hansbrough, Harnsberger, Herndon, Holmes, Jackson, Kellam, Kilby, Long, Mann, Mar¬
tin, Magill, Merritt, Miller, Moore, Owen, Pate, Patterson, Powell, Purdy, Robertson,
Seawell, Strayer, J. McDowell Taylor, Townes, Z. Turner, Waddell, Watkins, White,
Wilson and Word—48.
Mr. Straughan moved to amend the hill in the first line of section
9, hy striking out the name of "John B. Baldwin/' and inserting in
lieu thereof the name of " B. B. Douglas."
Mr. Robertson moved the pending question; which was ordered.
The motion of Mr. Straughan was rejected.
On motions severally made by Mr. Baldwin, the bill was amended
as follows:
Strike out, in the 2d section, the following: "upon the condition
that it shall construct and put in operation said railroad, in a manner
at least equal to the Virginia Central railroad, from or near Coving¬
ton, Alleghany county, Virginia, to the Ohio river, as nearly as prac¬
ticable, upon the alignment and grades ascertained by surveys of C.
B. Fisk, engineer, within five years from the commencement of the
work thereon, and that the said work shall be commenced within
sixty days after the execution of the contract and organization of the
company as hereinafter provided. The first division, extending from
the eastern terminus of said railroad to the White sulphur springs, in
Greenbrier county, West Virginia, shall be put in operation within
one year from the time of the commencement of the said work. The
remaining four divisions, of about fifty miles each, shall be put in
operation at the rate of at least one division in each year, making at
most five years in all; but the grant hereby made is not intended to
include the unexpended amount heretofore appropriated by the said
state," and insert " upon condition that it shall, within six months
after its incorporation, as provided in the 10th section of this act,
commence, and within six years complete, equip and operate a rail¬
road from some point at or near Covington, Alleghany county, Virgi¬
nia, and connecting with the Virginia Central railroad, by the way of
the White sulphur springs and the valley of Greenbrier river, New
river and Kanawha river, to a point at or near the mouth of Scarey
creek, and thence to the Ohio river. The said road to be constructed
in a style at least equal to that of the Virginia Central railroad, and
with grades not higher than those adopted by C. B. Fisk, Esq., the
former engineer of the Covington and Ohio railroad. But this grant
is not intended to include the unexpended amount heretofore appro¬
priated by the state of Virginia to this work."
Section 4, line 6, after the word "dollars," insert "and each stock¬
holder shall be entitled to one vote for each share of his stock."
412
journal of the house of delegates.
Section 7, line 3, strike out the word "not," and insert "never" in
lieu thereof.
Section 7, line 3, strike out "rates charged," and insert "highest
rates allowed by law to."
Section 7, line 5, after the word "any" insert "connecting."
Section 7, line 9, strike out the words "the vote," and insert "no"
in lieu thereof.
Section 7, line 10, strike out the words " not exceed that," and in¬
sert "he" in lieu thereof.
Section 7, lines 10 and 11, strike out all after the word "impose,"
and in lieu thereof insert " by the state until the profits of the com¬
pany shall amount to ten per cent, a year on its capital."
Section 8, lines 1, 2 and 3, strike out all of the section to the word
"section," inclusive, and in lieu thereof insert "If said company shall
fail to commence work or to put the road in operation within the
times specified in the charter."
Section 14, strike out all after the word "passage," in the first
line.
On motion of Mr. Grattan, the bill was amended in the 14th sec¬
tion, by inserting after the word " passed," in the first line, the fol¬
lowing: "and that the act passed February 13th, 1862, at Wheel¬
ing, entitled an act to incorporate the Charleston and Winchester
railroad company, be and the same is hereby repealed."
Mr. Lee moved to amend the bill by striking out the name of " R.
H. Maury," in the 9th section, 2d line, and inserting in lieu thereof
the name of " David J. Burr."
Mr. Straughan moved to amend the amendment by striking out
the name of " David J. Burr," and inserting in lieu thereof " Beverley
B. Douglas."
Mr. Robertson moved the pending question; which was ordered.
The question being on agreeing to the amendment of Mr. Straughan,
was put, and decided in the negative.
The amendment of Mr. Lee was rejected.
The bill was ordered to be engrossed to be read a third time.
On motion of Mr, Straughan, the house adjourned until Monday,
eleven o'clock.
MONDAY, February 26, 1866.
A communication from the senate, by their clerk, was read as fob
lows:
In senate, February 24, 1866.
The senate have passed house bills entitled:
An act to incorporate the Richmond savings bank and insurance
company, No. 214.
An act to authorize the trustees of Yeates free schools to sell
lands, &c., No. 284.
JOURNAL OF THE HOUSE OF DELEGATES.
413
And they have agreed to the amendments proposed by the house of
delegates to senate bill entitled:
An act to incorporate the commercial insurance and savings com¬
pany of Petersburg, No. 139.
No. 88, A senate bill entitled an act to charter the Richmond and
peninsula railway company, reported from the committee of roads
and internal navigation, was placed on the calendar.
No. 130, A senate bill entitled an act to provide for the assertion
of the rights of this commonwealth to jurisdiction over the counties
of Jefferson and Berkeley, was read a first and second times, and re¬
ferred to the committee for courts of justice.
The following bills, reported from the committee of roads and in¬
ternal navigation, were read the first time, and placed on the calendar
for a second reading:
No. 295, A bill giving the consent of the state of Virginia to the
action of West Virginia in regard to the Virginia canal company.
No. 296, A bill to amend and re-enact an act passed 17th March
1860, establishing the Richmond, Williamsburg and central turnpike
company.
The following report from the committee of claims was taken up:
The committee of claims, to whom was referred the petition of
Martha W. Flournoy, jailor of Prince Edward county, for payment
of her claim against this commonwealth for the sum of $ 236 80, for
board of a lunatic, Lemuel J ohnson, a free man of color, in her said
jail, from the 21st day of May 1860, to the 8.th day of January 1862,
have had the same under consideration. It appears to the committee
that the auditor will pay so much of said claim as was due up to the
21st day of April 1861—and the committee deeming the balance of
said claim to have been created since the ordinance of secession, and
not authorized to be paid by the legislature—they therefore adopt
the following resolution:
Resolved, as the opinion of the committee, That so much of said
claim as purports to be due after the 17th April 1861, the legislature
have no authority to provide for its payment; and the auditor having
consented to pay so much as was due prior to 17th April 1861, the
committee respectfully ask to be discharged from the further consi¬
deration of said petition.
Mr. Watkins moved to amend the report by striking out the reso¬
lution of the committee, and inserting in lieu thereof the following:
"Resolved, That the petition of M. W. Flournoy be recommitted
to the committee, with instructions to report a bill for the payment
of so much of the claim as is alleged to be due from the 17th April
1861 to 8th January 1862."
The amendment of Mr. Watkins was rejected—ayes 22; noes 55.
On motion of Mr. Braxton, the vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Daniel, Davison, Dunnington, Evans, Garrett, Gra¬
ham, Graves, Hancock, Hurst, Lee, Marshall, Powell, Rixey, Scott, Seawell, Smith,
Townes, Waddell, Wall, Watkins and Wilson—22.
414
JOURNAL OF THE HOUSE OF DELEGATES.
Noes—Messrs. Atkinson, Baylor, Bekem, Bently, Booker, Bowles, Braxtou, Brown,
Cabell, A. J. Clark, W. T. Clark, Davis, Davidson, Deskins, Dickenson, English, Garnett,,
Glendy, Grattan, Harris, Hardy, Harnsberger, Herndon, Holmes, Jackson, Joynes, Ken-
drick, Long, Mann, Martin, McDonald, Magill, Miller, Moore, Morgan, Morris, Mosby,
Newberry, Pate, Patterson, Pendleton, Riggs, Robertson, Straughan, Strayer, J. Mc¬
Dowell Taylor, W. F. B. Taylor, Teeter, Trout, W. A. Turner, Z. Turner, White, Woltz,
Wooldridge, Word and Wyatt—55.
The report of the committee of claims was agreed to.
On motions severally made, leave of absence was granted Messrs.
Merritt, Glendy, Baylor and Harnsberger.
The Speaker laid before the house a communication from Henry
Exall, in relation to regulating the heat of the hall; which was re¬
ferred to the committee on the library.
On motion of Mr. Watkins, the use of the hall was tendered
Judge Conway on Wednesday night next (provided the hall is not
required for the use of the house of delegates), to deliver a lecture
on the condition of the country.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
On motion of Mr. Graham, Bule 52 was suspended, and
No. 273, A bill to incorporate the Covington and Ohio railroad
company, was read a third time and passed—ayes 69; noes 7.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Braxton, Brown, Cabell, A. J. Clark, W. T. Clark, Daniel, Davison, Davidson, Deskins,
Dickenson, Glendy, Graham, Graves, Harris, Hardy, Harnsberger, Herndon, Holmes,
Jackson, Joynes, Kendrick, Long, Mann, Marshall, Martin, McDonald, Magill, Miller,
Moore, Morgan, Morris, Newberry, Pate, Patterson, Peed, Pendleton, Powell, Purdy,
Riggs, Robertson, Scott, Smith, Straughan, Strayer, J. McDowell Taylor, W. F. B.
Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall,
Watkins, White, Wilson, Woltz, Wood, Woodson, Word and Wyatt—69.
Noes—Messrs. Evans, Fields, Grattan, Hancock, Lee, Seawell and Wooldridge—7.
Ordered, That Mr. Graham carry the bill to the senate, and re¬
quest their concurrence.
On motion of Mr. Grattan, the resolution, heretofore agreed to,
classifying the business of the house of delegates, was rescinded.
No. 85, A senate bill in relation to salaries of certain officers of
government, came up.
The substitute proposed by the committee of conference on the sub¬
ject, was agreed to.
The bill, as amended, was read a third time and passed—ayes 67;
noes 8.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Bekem, Bently, Booker, Bowles, Brown,
Cabell, A. J. Clark, Daniel, Davis, Davison, Deskins, Dunnington, English, Evans, Fields,
Garnett, Glendy, Graham, Grattan, Graves, Hancock, Harris, Hansbrough, Hardy, Hern¬
don, Holmes, Jackson, Joynes, Kellam, Lee, Mann, Marshall, Martin, McDonald, Magill,
Morgan, Mosby, Owen, Pate, Patterson, Peed, Pendleton, Powell, Purdy, Rixey, Robert¬
son, Scott, Seawell, Smith, Straughan, Strayer, W. F. B. Taylor, Townes, Trout, W. A.
Turner, Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz, Wood, Wooldridge and
Word—67.
Noes—Messrs. W. T. Clark, Dickenson, Harnsberger, Kendrick, Long, Moore, New¬
berry and Teeter—8.
JOURNAL OF THE HOUSE Ot DELEGATES.
415
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed a resolution request¬
ing the return to the senate, of senate hill entitled an act to repeal the
act passed June 22, 1865, in relation to the salaries of certain officers
of government, and to revive certain sections of the Code repealed by
said act, No. 85, as amended by the substitute proposed by the com¬
mittee of conference on the subject.
No. 112, An engrossed bill authorizing the governor to lease out
the armory grounds, and provide barracks for the public guard, &c.,
came up.
The amendment proposed by the senate was agreed to, as follows:
Section 3, line 1, strike out the word "and," between the words
"twenty-fifth and twenty-sixth," and insert after the word "twenty-
sixth" the words "twenty-seventh, twenty-eighth, twenty-ninth and
thirtieth."
No. 44, An engrossed bill transferring turnpikes to the counties in
which they lie, came up.
The amendments proposed by the senate were agreed to as follows:
Section 1, line 10, after the word "court" insert the words "with
the consent of the board of public works."
Section 3, line 4, after the words "public works" insert the words
" for their approval."
No. 168, An engrossed bill amending and re-enacting the 13th sec¬
tion of chapter 157 of the Code of 1860, so as to create the office of
judge of the court of hustings for the city of Portsmouth, came up.
The amendment proposed by the senate was agreed to, as follows:
Section 1, line 2, strike out the figures "159," and insert the figures
"157."
No. 22, A senate bill entitled an act to amend and re-enact the 4th
section of chapter 141 of the Code of Yirginia (edition of 1860), came
UP- *
Mr. Gfarnett moved that the bill be passed by; which was rejected.
The question being—Shall the bill pass ? Mr. Newberry moved the
pending question; which was ordered.
The bill was then passed—ayes 47; noes 41.
On motion of Mr. Garnett, the vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Booker, Bowles, Braxton, Brown,
A. J. Clark, W. T. Clark, Davis, Dunnington, English, Evans, Glendy, Graham, Grattan,
Hancock, Hansbrough, Hardy, Herndon, Holmes, Hurst, Joynes, Lee, Lewis, Marshall,
Magill, Miller, Morris, Pate, Purdy, Rixey, Robertson, Scott, Straughan, J. McDowell
Taylor, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins, White, Wilson,
Wood and Wooldridge—47. ^ i .
Noes—Messrs. Bekem, Bently, Browning, Cabell, Daniel, Davison, Davidson, Deskms,
Dickenson, Fields, Garnett, Garrett, Graves, Harris, Harnsberger, Jackson, Kellam, Ken-
drick Lonw, Mann, Martin, McDonald, Moore, Morgan, Mosby, Newberry, Owen, Pat¬
terson, Peed, Pendleton, Powell, Riggs, Seawell, Smith, Strayer, W. F. B. Taylor,
Teeter, Thompson, Woltz, Woodson and Word—41.
A message was received from the senate by Mr. Boiling, who in¬
formed the house of delegates that the senate had passed a bill
entitled an act to authorize the common council of Petersburg to
416
JOURNAL OF THE HOUSE OF DELEGATES.
fund the interest due on bonds of said city. No. 163; in which they
respectfully requested the concurrence of the house of delegates.
No. 78, A senate bill entitled an act to regulate express business
over the railroads of Virginia, came up, and on motion of Mr. Gra¬
ham, was passed by.
No. 44, A senate bill entitled an act to amend the 1st section of
chapter 18 of the Code, in relation to the appointment of certain
officers at the seat of government, came up, and on motion of Mr.
Graham, was passed by.
Mr. Braxton entered a motion to reconsider the vote by which
senate bill entitled an act to amend and re-enact the 4th section of
chapter 141 of the Code of Virginia (edition of 1860), No. 22, was
passed.
The following engrossed bills and joint resolution were read a third
time and passed:
No. 256, A bill in regard to the printing of acts of private incor¬
poration.
No. 257, A bill abolishing the inspection of lime.
No. 259, A bill for processioning and settling the boundaries of
lands in this commonwealth.
No. 261, A bill amending the 7th section, chapter 165, as amended
by act of February 3d, 1863, concerning compensation of common¬
wealth's attorneys—ayes 70.
The vote was recorded as follows:
Ayes—Messrs. Atkinson, Baylor, Bently, Booker, Bowles, Braxton, Brown, Cabell, A.
J. Clark, W. T. Clark, Daniel, Davis, Davison, Davidson, Deskins, Dunnington, English,
Evans, Fields, Garrett, Glendy, Graham, Grattan, Graves, Hancock, Harris, Hansbrough,
Hardy, Herndon, Holmes, Hurst, Kellam, Kendrick, Lewis, Long, Martin, McDonald,
Magill, Miller, Moore, Morgan, Morris, Newberry, Owen, Pate, Pendleton, Powell, Purdy,
Riggs, Rixey, Robertson, Scott, Smith, Straughan, Strayer, J. McDowell Taylor, W. F.
B. Taylor, Teeter, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins,
White, Wilson, Woltz, Wooldridge and Word—70.
No. 262, A bill to extend the time for the performance of certain
acts.
No. 263, Joint resolution in relation to Hon. J. C. Underwood—
ayes 73; no 1.
On motion of Mr. Garnett, the vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Bekem, Bently, Booker, Bowles, Brown,
Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Davison, Davidson, Deskins,
Dunnington, English, Evans, Fields, Garnett, Garrett, Glendy, Graham, Grattan, Graves,
Harris, Hansbrough, Harnsberger, Herndon, Holmes, Jackson, Joynes, Kellam, Ken¬
drick, Lee, Martin, McDonald, Magill, Miller, Moore, Morris, Mosby, Newberry, Owen,
Pate, Patterson, Peed, Pendleton, Powell, Purdy, Riggs, Rixey, Robertson, Seawell,
Smith, Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Townes, Trout,
W. A. Turner, Z. Turner, Waddell, Wall, Watkins, Wilson, Woltz, Woodson, Wooldridge
and Word—73.
No—Mr. Lewis—1.
On motion of Mr. Grattan, Rule 52 was suspended, and
No. 295, A bill giving the consent of the state of Virginia to
the action of West Virginia, in regard to the Virginia canal com¬
pany, was taken up. Pending which,
On motion of Mr. Patterson, the house adjourned until to-morrow,
eleven o'clock. .
journal of the house of delegates.
417
TUESDAY, February 27, 1866.
A communication from the senate, by their clerk, was read as fol¬
lows:
In senate, February 26, 1866.
The senate have passed house hills entitled:
An act to incorporate the Covington and Ohio railroad company.
No. 273.
An act to amend and re-enact the 10th section of the act entitled
an act to incorporate the Lynchburg fire, life and marine insurance
company, No. 243.
. An act changing the charter of the city of Lynchburg, No. 244.
An act incorporating the Columbian manufacturing company in the
city of Eichmond, No. 268.
An act for the relief of the Eichmond medical college, No. 251.
An act to incorporate the Old Dominion towing and transportation
company, No. 266.
An act to authorize the common council of Winchester to borrow
money, No. 274.
An act to incorporate the Church Hill female seminary in the county
of Henrico, No. 278.
An act to incorporate the contractors association, No. 282.
And they have agreed to the amendments of the house of delegates
to senate bill entitled:
An act to incorporate the St. Francis infirmary in the city of Eich¬
mond, No. 100.
They have passed a bill entitled:
An act to facilitate the continuous transportation of passengers,
baggage and tonnage between the Virginia and Tennessee, South Side,
Norfolk and Petersburg, and Orange and Alexandria railroads, No. 71.
In which bills they respectfully request the concurrence of the house
of delegates.
No. 163, A senate bill entitled an act to authorize the common
council of Petersburg to fund the interest due on bonds of said city,
was read the first and second times, and referred to the committee for
• courts of justice.
Subsequently, the bill was reported from the committee for courts
of justice, and placed on the calendar.
No. 130, A senate bill entitled an act to provide for the assertion
of the rights of this commonwealth to jurisdiction over the counties
of Jefferson and Berkeley, reported from the committee for courts of
justice, was placed on the calendar.
No. 71, A senate bill entitled an act to facilitate the continuous
transportation of passengers, baggage and tonnage between the Vir¬
ginia and Tennessee, South Side, Norfolk and Petersburg, and Orange
and Alexandria railroads, reported from the committee of roads apd
internal navigation, was placed on the calendar.
53
418
JOURNAL 03? THE HOUSE OF DELEGATES.
No. 297, A bill authorizing the appropriation of $20,000 for the
use of the penitentiary, reported from the committee on the peniten¬
tiary, was read the first time, and placed on the calendar for a second
reading.
No. 298, A bill appropriating the public revenue for the fiscal year
1865-66, reported from the committee on finance, was read the first
time, and placed on the calendar for a second reading.
No. 299, A bill to authorize J. B. Ficklin to establish a ferry across
the Rappahannock river, in Stafford county, reported from the com¬
mittee of propositions and grievances, was read the first time, and
placed on the calendar for a second reading.
The following papers were presented and referred, under Rule 37:
By Mr. Lee:
A bill incorporating the Commercial Bank of Richmond; referred
to the committee on banks.
By Mr. Dunnington:
Joint resolution in relation to the printing and forwarding of the
acts passed at the present session of the general assembly; referred
to the committee of propositions and grievances.
Joint resolution No. 300, reported from the committee of proposi¬
tions and grievances, was read the first time, and placed on the calen¬
dar for a second reading.
The following report from the committee of propositions and
grievances was agreed to:
The committee of propositions and grievances have, according to
order, had under consideration a resolution to enquire into the pro¬
priety of collecting and publishing a list of all soldiers from Virginia
who were killed in battle during the late war, and beg leave to report,
that they deem it impracticable to collect such a list, and therefore
inexpedient to legislate on the subject.
No. 245, A bill to extend the limits of the city of Richmond,
heretofore recommitted, was reported back, with a recommendation
that the bill do not pass.
The bill and report were placed on the calendar.
On motions severally made, leave of absence was granted Messrs.
Booker and McDonald.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
The motion of Mr. Braxton to reconsider the vote by which senate
bill entitled an act to amend and re-enact the 4th section of chapter
141 of the Code of Virginia (edition of 1860), No. 22, was passed,
came up.
Mr. Graham moved that the bill be passed by; which was rejected.
Mr. W. T. Clark moved the pending question; which was ordered.
The question being on the motion of Mr. Braxton, was put, and
decided in the affirmative—ayes 42; noes 39.
On motion of Mr. Fields, the vote was recorded as follows:
Ayes—Messrs. Bekem, Bently, Braxton, Cabell, Daniel, Davison, Davidson, Deskins,
Dickenson, Fields, Garnett, Garrett, Graves, Gray, Harris, Jackson, Kellam, Kendrick,
JOURNAL OF THE HOUSE OF DELEGATES.
419
Lee, Long, McDonald, Magill, Moore, Morgan, Mosby, Newberry, Owen, Parsons, Peed,
Pendleton, Powell, Riggs, Seawell, Straughan, Strayer, W. F. B. Taylor, Teeter, Thomp¬
son, Woltz, Woodson, Word and Wyatt—42.
Noes—Messrs. Baldwin (speaker). Atkinson, Booker, Bowles, A. J. Clark, W. T. Clark,
Davis, English, Evans, Graham, Grattan, Hancock, Hansbrough, Hardy, Herndon,
Holmes, Jones, Joynes, Kilby, Lewis, Marshall, Miller, Pate, Rixey, Robertson, Scott,
Smith, Stearns, J. McDowell Taylor, Townes, Trout, W. A. Turner, Z. Turner, Waddell,
Wall, White, Wilson, Wood and Wooldridge—39.
Mr. A. J. Clark moved that the bill be passed by; which was
rejected—ayes 26; noes 53.
. On motion of Mr. Bently, the vote was recorded as follows:
Ayes—Messrs. Cabell, A. J. Clark, Dunnington, English, Fields, Graham, Grattan,
Graves, Holmes, Kellam, Lewis, Marshall, Magill, Owen, Peed, Rixey, Robertson, Scott,
Townes, Trout, W. A. Turner, Waddell, Wilson, Wood, Wooldridge and Wyatt—26.
Noes—Messrs. Baldwin (speaker), Atkinson, Bekem, Bently, Booker, Bowles, Braxton,
W. T. Clark, Daniel, Davis, Davison, Davidson, Deskins, Dickenson, Evans, Garnett, Gar¬
rett, Gray, Hancock, Hansbrough, Hardy, Herndon, Jackson, Jones, Joynes, Kendrick,
Kilby, Lee, Long, McDonald, Miller, Moore, Morgan, Mosby, Newberry, Parsons, Pate,
Pendleton, Powell, Riggs, Seawell, Smith, Straughan, Strayer, J. McDowell Taylor, W.
F. B. Taylor, Teeter, Z. Turner, Wall, White, Woltz, Woodson and Word—53.
The question recurring on the passage of the bill, Mr. W. T. Clark
moved the pending question; which was ordered; and being put, was
decided in the negative—ayes 37; noes 44.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Booker, Bowles, A. J. Clark, W. T. Clark,
Davis, Dunnington, English, Graham, Grattan, Hancock, Hansbrough, Herndon, Holmes,
Jones, Joynes, Lee, Lewis, Marshall, Miller, Pate, Rixey, Robertson, Scott, Stearns,
J. McDowell Taylor, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall, White,
Wilson, Wood and Wooldridge—37.
Noes—Messrs. Bekem, Bently, Braxton, Cabell, Daniel, Davison, Davidson, Deskins,
Dickenson, Fields, Garnett, Garrett, Graves, Gray, Harris, Hardy, Hurst, Jackson, Kel¬
lam, Kendrick, Langhorne, Long, McDonald, Magill, Moore, Morgan, Mosby, Newberry,
Owen, Parsons, Peed, Pendleton, Riggs, Seawell, Smith, Straughan, Strayer, W. F. B.
Taylor, Teeter, Thompson, Woltz, Woodson, Word and Wyatt—44.
Resolved, That the bill be rejected.
The following resolution, received from the senate on yesterday by
Mr. Keen, was agreed to:
Resolved, That the house of delegates be respectfully requested to
return senate bill entitled an act to repeal the act passed June 22d,
1865, in relation to the salaries of certain officers of government, and
to revive certain sections of the Code repealed by said act, No. 85, as
amended by the substitute proposed by the committee of conference
on the subject.
Ordered, That Mr. Evans carry the same to the senate.
A message was received from the senate by Mr. Cabell, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act modifying the charter of Washington college, No. 211.
On motion of Mr. Word, Rule 52 was suspended, and
No. 297, A bill appropriating twenty thousand dollars for the use
of the penitentiary, was (two-thirds of the members elect concur¬
ring) read a second time, and ordered to be engrossed to be read a
third time.
The bill being forthwith engrossed, was, on motion of Mr. Word
420
JOURNAL OF THE HOUSE OF DELEGATES.
(two-thirds of the members elect concurring), read a third time and
passed—ayes 73.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Bekem, Bently, Booker, Bowles, Cabell,
A. J. Clark, Daniel, Davis, Davidson, Deskins, Dunnington, English, Evans, Fields, Garnett,
Garrett, Graham, Grattan, Graves, Gray, Harris, Hansbrough, Hardy, Herndon, Holmes,
Hurst, Jones, Joynes, Kendrick, Langhorne, Lee, Lewis, Long, Marshall, Martin, Magill,
Miller, Moore, Morgan, Morris, Mosby, Newberry, Owen, Parsons, Pate, Patterson, Peed,
Pendleton, Powell, Purdy, Biggs, Kixey, Bobertson, Scott, Smith, Straughan, W. F. B.
Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Waddell, White,
Wilson, Woltz, Wood, Woodson, Wooldridge and Word—73.
Ordered, That Mr. Word carry the bill to the senate, and request
their concurrence.
The report of the committee of conference on the disagreeing votes
of the senate and house of delegates on house bill in relation to the
public printer and public printing, No. 119, came up, and on motion
of Mr. Word, was passed by.
No. 295, A bill giving the consent of the state of Virginia to the
action of West Virginia in regard to the Virginia canal company,
being the unfinished business of "yesterday, came up, was read a
second time, and ordered to be engrossed to be read a third time.
The bill being forthwith engrossed, was, on motion of Mr. Grat¬
tan (two-thirds of the members elect concurring), read a third time
and passed—ayes 70,
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Bently, Booker, Bowles, A. J. Clark, W.
T. Clark, Daniel, Davis, Davison, Davidson, Deskins, Dunnington, English, Evans, Fields,
Graham, Grattan, Graves, Gray, Harris, Hardy, Herndon, Holmes, Hurst, Jackson, Jones,
Joynes, Kellam, Kendrick, Langhorne, Lee, Lewis, Marshall, McDonald, Magill, Miller,
Moore, Morgan, Morris, Newberry, Owen, Parsons, Pate, Peed, Pendleton, Powell, Purdy,
Rixey, Bobertson, Scott, Seawell, Smith, Stearns, Straughan, Strayer, W. F. B. Taylor,
Teeter, Townes, Trout, W. A. Turner, Z. Turner, Wall, White, Wilson, Woltz, Wood,
Wooldridge, Word and Wyatt—70.
Ordered, That Mr. Grattan carry the bill to the senate, and re¬
quest their concurrence.
The Speaker stated to the house that he had signed sundry enrolled
bills, and requested Mr. Wilson to carry the same to the senate for
the signature of the President of the senate.
No. 44, A senate bill entitled an act to amend the 1st section of
chapter 18 of the Code, in relation to the appointment of certain
officers at the seat of government, came up, and on motion of Mr.
Graham, was passed by.
No. 88, A senate bill entitled an act to charter the Richmond and
Peninsula railway company, came up.
Mr. Grattan moved that the bill be passed by; which was rejected.
Mr. Jones moved to amend the bill by striking out the names of
the corporators contained in the bill, and inserting the following:
"Isaac Davenport, John Echols, James L. Kemper, F. B. Deane, jr.,
J. D. Harvey, R. H. Maury, R. A. Lancaster, E. Fontaine, C. W.
Purcell, Wellington Goddin, W. H. Haxall, W. B. Isaacs, Abraham
Warwick, John Purcell, John Enders, L. D. Crenshaw, James
JOURNAL OF THE HOUSE OF DELEGATES.
421
Thomas, jr., W. G. Paine, James H. Grant, John Freeland, S. C.
Tardy, G. S. Palmer, William Palmer, J. G. Meem, Alexander
Rives, N. B. Hill, C. T. Wortham, D. J. Saunders, James Dunlop,.
R. 0. Haskins, J. R. Anderson;" which was rejected.
Mr. Seawell moved to amend the hill by striking out, in the 4th,
5th and 6th lines of the 3d section, the following: " at snch gauge
as may connect with the Virginia Central railway and the York river
railroad, with which it is authorized to connect, and which is autho¬
rized to connect with it;" which was rejected.
Mr. Z. Turner moved to amend the bill by adding, at the end of
the 4th section, the following: " But no connection shall be made
either with the York river railroad or with the Virginia Central rail¬
road, except upon such terms and conditions as shall be agreed to by
the stockholders of the said York river and Virginia Central railroad
companies, in general meeting assembled."
Mr. Joynes moved the pending question; which was ordered.
The amendment of Mr. Z. Turner was rejected—ayes 35; noes 36.
On motion of Mr. Garnett, the vote was recorded as follows:
Ayes—Messrs. Atkinson, Bekem, Cabell, A. J. Clark, W. T. Clark, Daniel, Deskins,
Dunnington, English, Evans, Garnett, Garrett, Graham, Grattan, Hansbrough, Hardy,
Holmes, Jones, Joynes, Langhorne, Lee, Marshall, Owen, Pate, Rixey, Robertson, Sea-
well, Straughan, J. McDowell Taylor, Townes, Z. Turner, Wilson, Wood, Wooldridge and
Wvatt—35.
Noes—Messrs. Baldwin (speaker), Booker, Bowles, Davis, Davison, Davidson, Dicken¬
son, Fields, Gray, Hancock, Harris, Herndon, Kendrick, Lewis, Long, Martin, Magill,
Miller, Moore, Morgan, Mosby, Newberry, Peed, Pendleton, Powell, Purdy, Riggs, Scott,
Smith, Strayer, W. F. B. Taylor, Teeter, W. A. Turner, Waddell, Wall and Word—36.
Mr. Grattan moved to amend the bill by striking out, in the 3d
line of the 6th section, the words " more than two acres of land in
the city of Richmond," and inserting in lieu thereof the following:
" land in the city of Richmond, nor acquire by contract more than
two acres in said city."
Mr. Lewis moved the pending question; which was ordered.
The amendment of Mr. Grattan was rejected.
The bill was ordered to be read a third time.
The question being on the passage of the bill, Mr. Wall moved the
pending question; which was ordered; and being put, was decided in
the affirmative—ayes 54; noes 19.
On motion of Mr. Stearns, the vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Bekem, Bently, Booker, Braxton, Cabell, Davis,
Davison, Davidson, Deskins, Dickenson, Fields, Graves, Gray, Hancock, Harris, Hans¬
brough, Hardy, Herndon, Jackson, Joynes, Kendrick, Lee, Lewis, Long, Martin, McDonald,
Magill, Moore, Morgan, Morris, Mosby, Newberry, Pate, Patterson, Peed, Pendleton,
Powell, Purdy, Riggs, Rixey, Scott, Smith, Straughan, Strayer, W. F. B. Taylor, Teeter,
W. A. Turner, Waddell, Wall, White, Woltz, Wood and Word—54.
Noes—Messrs. Atkinson, Bowles, Daniel, Dunnington, English, Evans, Garnett, Garrett,
Graham, Grattan, Holmes, Jones, Owen, Robertson, Stearns, Townes, Z. Turner, Wilson
and Wooldridge—19.
On motion of Mr. Daniel, the house adjourned until to-morrow,
eleven o'clock.
422
JOURNAL OF THE HOUSE OF DELEGATES.
WEDNESDAY, FEBRUARY 28, 1866.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as
follows:
In senate, February 27, 1866.
The senate have passed house bills entitled:
An act in regard to the printing of acts of private incorporation,
No. 256.
An act for processioning and settling the boundaries of lands in
this commonwealth, No. 259.
An act amending the 7th section, chapter 165, as amended by act
of February 3d, 1863, concerning compensation of commonwealth's
attorneys, No. 261.
An act for the relief of Dempsey Nash, clerk elect of the circuit
court of the city of Portsmouth, and James J. Henritzie, clerk elect
of the circuit court of Russell county, No. 231.
And they have indefinitely postponed house bill entitled:
An act to amend and re-enact the 3d section of chapter 57 of the
Code of Virginia, No. 185.
They have agreed to the amendments proposed by the house of
delegates to senate bill entitled:
An act to amend and re-enact sections 1, 3, 5, 7 and 15 of chapter
196 of the Code of Virginia for 1860, in regard to unlawful mar¬
riages, No. 35.
And they have agreed to the amendments of the house to senate
bill' entitled:
An act to amend and re-enact the 9th section of chapter 103 of
the Code of Virginia for 1860, defining a mulatto, providing for the
punishment of offences by colored persons, and for the admission of
their evidence in legal investigations, and to repeal all laws in rela¬
tion to slaves and slavery, and for other purposes, No. 37.
No. 71? A senate bill entitled an act to facilitate the continuous
transportation of passengers, baggage and tonnage between the Vir¬
ginia and Tennessee, South Side, Norfolk and Petersburg and Orange
and Alexandria railroads, reported from the committee of roads and
internal navigation, was placed on the calendar.
No. 109, A senate bill entitled an act authorizing the payment of
the contingent expenses of the board of public works (heretofore re¬
committed), was reported from the committee of roads and internal
navigation, with an amendment, and placed on the calendar.
No. 301, A bill imposing a tax on oysters, reported from the com¬
mittee on finance, was read the first time, and placed on the calendar
for a second reading.
No. 302, A bill incorporating the Commercial Bank of Richmond,
reported from the committee on banks, was read the first time, and
placed on the calendar for a second reading.
JOURNAL OF THE HOUSE OF DELEGATES.
423
A report from tlie joint sub-committee on investigation of. the
Eastern lunatic asylum, was presented.
Mr. Garnett offered the following resolution:
Resolved, That when the house adjourns to-day, it will adjourn to
meet to-morrow at ten o'clock, A. M., and continue to meet at the
same hour for the remainder of the session.
The question being on the reference of the resolution to a committee,
was put, and decided in the negative.
The resolution was rejected.
Mr. "Woodson offered the following resolution:
Resolved, That, for the remainder of this session, no leave of ab¬
sence shall be granted to any member, except in case of sickness, or
for some other valid reason, to be decided by the house; and all leaves
heretofore granted, where the members have not left the city, are re¬
voked.
The question being on the reference of the resolution to a commit¬
tee, was put, and decided in the negative.
On motion of Mr. Robertson, the resolution was amended by striking*
out the words " and all leaves heretofore granted, where the members
have not left the city, are revoked."
The resolution, as amended, was agreed to.
On motion of Mr. Z. Turner, leave of absence was granted Mr.
Wooldridge.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
A message was received from the senate by Mr. Lemosy, who in¬
formed the house of delegates that the senate had passed house bills,
entitled an act to stay the collection of debts for a limited period,
No. 140, with amendments; an act imposing taxes for the support of
government, No. 270, with an amendment; in which amendments
they respectfully requested the concurrence of the house of delegates.
A message was received from the senate by Mr. Trout, who in¬
formed the house of delegates that the senate had passed senate bill
entitled an act to preserve and extend the time for the exercise of cer¬
tain rights and remedies, No. 142; in which they respectfully requested
the concurrence of the house of delegates.
Mr. Magill entered a motion to reconsider the vote by which
No. 22, A senate bill entitled an act to amend and re-enact the 4th
section of chapter 141 of the Code of Virginia (edition of 1860), was
rejected.
On motion of Mr. Joynes, Rule 52 was suspended, and
No. 272, A bill concerning contracts payable in confederate treasury
notes, was read a second time.
Mr. Woodson moved to amend the bill by striking out, in the 3d
section, the following:
"In the year 1862—March, one dollar and ten cents in confederate
notes for one dollar in specie; April, one dollar and fifteen cents; May,
one dollar and twenty-five cents; June, one dollar and twenty-five
cents; July, one dollar and twenty-five cents; August, one dollar and
424
JOUBNAL OF THE HOUSE OF DELEGATES.
twenty-five cents; September, one dollar and fifty cents; October, one
dollar and fifty cents; November, one dollar and seventy-five cents;
December, one dollar and seventy-five cents.
"For 1863—January, one dollar and eighty cents; February, two
dollars; March, two dollars and twenty-five cents; April, two dol¬
lars and twenty-five cents; May, two dollars and fifty cents; June,
three dollars; July, three dollars and seventy-five cents; August, four
dollars and fifty cents; September, four dollars and fifty cents; Octo¬
ber, four dollars and seventy-five cents; November, five dollars; De¬
cember, six dollars.
"For 1864—January, six dollars; February, seven dollars; March,
eight dollars; April, eight dollars; May, eight dollars; June, eight
dollars; July, eight dollars; August, nine dollars; September, ten dol¬
lars; October, eleven dollars; November, thirteen dollars; December,
fifteen dollars.
"For 1865—January, twenty dollars; February, forty dollars;
March, fifty dollars; April, sixty dollars: provided, that previously
•to the 1st day of March 1862, no depreciation shall be allowed for."
And inserting the following:
"In the year 1862—January, one dollar and twenty-five cents in
confederate notes for one dollar in specie; February, one dollar and
twenty-five cents; March, one dollar and thirty cents; April, one
dollar and forty cents; May, one dollar and fifty cents; June, one
dollar and fifty cents; July, one dollar and fifty cents; August, one
dollar and fifty cents; September, two dollars and fifty cents; Octo¬
ber, two dollars and fifty cents; November, three dollars; December,
three dollars.
"For 1863—January, three dollars; February, four dollars; March,
five dollars; April, five dollars and fifty cents; May, five dollars and
fifty cents; June, seven dollars; July, nine dollars; August, twelve
dollars; September, twelve dollars; October, fourteen dollars; No¬
vember, fifteen dollars; December, eighteen dollars.
"For 1864—January, twenty dollars; February, twenty-three dol¬
lars; March, twenty-three dollars; April, twenty-two dollars; May,
nineteen dollars; June, eighteen dollars; July, twenty-one dollars;
August, twenty-three dollars; September, twenty-five dollars; October,
twenty-six dollars; November, thirty-one dollars; December, forty-
two dollars.
"For 1865—January, fifty dollars; February, fifty-three dollars;
March, sixty-five dollars; April, sixty dollars/''
Mr. Pendleton moved the pending question; which was ordered.
The amendment of Mr. Woodson was rejected.
Mr. Pendleton moved to strike out the 3d section.
Mr. Atkinson moved the pending question; which was ordered.
The amendment of Mr. Pendleton was rejected.
On motions severally made by Mr. Joynes, the bill was amended
by inserting in the 4th section, after the word "judgment," wherever
it appears, the words "or decree "
JOURNAL OF THE HOUSE OF DELEGATES.
425
Mr. Cabell moved to amend tbe bill by striking out all of the 3d
section after the 3d line, and inserting in lieu thereof the following:
"For 1862—January, one dollar and twenty cents for one'dollar
in specie; February, one dollar and thirty cents; March, one dol¬
lar and eighty cents; May, June, July and August, one dollarJand
ninety cents; September, two dollars and ten cents; October,"two
dollars and forty-five cents; November, three dollars and fifteen cents;
December, three dollars and twenty-five cents.
"For 1863—January, three dollars and ten cents; February, three
dollars and twenty cents; March, four dollars and fifty cents; April,
six dollars; May, six dollars and fifty cents; June, eight dollars;
July, eight dollars and fifty cents; August, nine dollars; September,
ten dollars; October, thirteen dollars; November, fifteen dollars and
fifty cents; December, twenty-one dollars and fifty cents.
"For 1864—January, twenty-three dollars; February, twenty-
seven dollars; March, twenty-six dollars; April, twenty-eight dollars
and fifty cents; May, twenty-three dollars; June, July and August,
twenty-three dollars; September and October, twenty-four dollars
and fifty cents; November, thirty-four dollars and fifty cents; De¬
cember, forty-one dollars.
"For 1865—January, fifty-five dollars; February, fifty-five dol¬
lars; March, sixty dollars; April, sixty dollars.4'
Mr. Mosby moved the pending question; which was ordered.
The amendment of Mr. Cabell was agreed to—ayes 45; noes 40.
On motion of Mr. Newberry, the vote was recorded as follows:
Ayes—Messrs. Bekem, Bently, Booker, Braxton, Browning, Cabell,, W. T. Clark,
Daniel, Davison, Davidson, Deskins, Dickenson, Fields, Garnett, Hancock, Harris,
Harnsberger, Herndon, Hurst, Kellam, Kendrick, Langhorne, Lee, Martin, Moore, Mor¬
gan, Mosby, Newberry, Parsons, Pate, Patterson, Peed, Powell, Riggs, Rixey, Scott,
Smith, Straughan, W. F. B. Taylor, Trout, W. A. Turner, White, Woltz, Word and
Wyatt—45.
Noes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bowles, A. J. Clark, Davis, Dun-
nington, Evans, Garrett, Glendy, Graham, Grattan, Graves, Gray, Hansbrough, Hardy,
Holmes, Jackson, Joynes, Kilby, Long, Mann, Marshall, Magill, Miller, Morris, Owen,
Pendleton, Purdy, Robertson, Stearns, Strayer, J. McDowell Taylor, Teeter, Thompson,
Townes, Z. Turner, Waddell, Wilson and Woodson—40.
"Mr. Booker moved a reconsideration of the vote by which the
amendment <of Mr. Cabell was agreed to; which was rejected.
On motion of Mr. J ones, the bill was amended by adding at the
end of the 7th section the following: "To recover more than the sum
tendered, without interest."
On motion of Mr. Joynes, the bill was amended by adding, as an
independent section, to come in after the 8th section, the following:
" 9. In any suit to recover a legacy bequeathed by a will or codicil
executed between the first day of January, eighteen hundred and sixty-
two, and the tenth day of April, eighteen hundred and sixty-five, or
to enforce any provision of such a will or codicil, it shall be lawful for
any party interested to show, by parol or other relevant testimony,
what was the true intention of the testator, either expressed or to be
implied in respect to the kind of currency in which such legacy was
to be paid, or such provision fulfilled, or in reference to which, in a
426
JOURNAL OF THE HOUSE OF DELEGATES.
standard of value, such will or codicil was made. And when it shall
appear that any legacy or provision in any such will or codicil was,
according to the true intention of the testator, to be paid or fulfilled
in confederate treasury notes, as a standard of value, the amount
payable for any such legacy or under any such provision shall be
liquidated and settled according to the provisions of this act applica¬
ble to liabilities arising out of contracts made between the dates
aforesaid; and all the provisions of this act shall be held applicable
to legacies or other liabilities arising under such a will or codicil, in
like manner as to liabilities arising out of contract."
On motion of Mr. Davis, the bill was amended by adding at the
end of the 3d section, as amended, the following: " Contracts or debts
settled by the above scale shall be paid in specie or its equivalent."
Mr. Booker moved that the bill be passed by; which was rejected.
The question being on the engrossment and third reading of the
biH,
Mr. Dunnington moved the pending question; which was ordered.
Mr. Woodson moved that the house do now adjourn; which was
rejected.
The bill was ordered to be engrossed to be read a third time.
The Speaker laid before the house, as requiring immediate atten¬
tion,
No. 270, An engrossed bill imposing taxes for the support of go¬
vernment, returned from the senate with an amendment.
On motion of Mr. G-arnett, Rule 44 (which requires a reference of
the bill to a committee) was suspended, and the bill was placed on
the calendar.
No. 270, An engrossed bill imposing taxes for the support of go¬
vernment, came up.
The amendment proposed by the senate was agreed to as follows:
Add at end of 61st section the following: "provided, that nothing
in this section shall release delinquent taxes against nonresidents."
The Speaker laid before the house, as requiring immediate atten¬
tion,
No. 140, An engrossed bill to stay the collection of debts for a
limited period, returned from the senate with amendments.
On motion of Mr. Grarnett, Rule 44 (which requires a reference of
the bill to a committee) was suspended, and the bill placed on the
calendar.
Mr. Bently moved that the house do now adjourn; which was re¬
jected.
No. 140, A bill to stay the collection of debts for a limited period,
came up.
The question being on agreeing to the 1st amendment of the
senate, was put, and decided in the negative.
The question being on agreeing to the 2d amendment of the senate,
Mr. Atkinson moved the pending question, which was ordered.
The 2d amendment of the senate was disagreed to—ayes 31; noes
53.
JOURNAL OF THE HOUSE OF DELEGATES.
427
On motion of Mr. Bently, the vote was recorded as follows:
Ayes—Messrs. Bently, Braxton, Browning, Cabell, W. T. Clark, Davison, Dunnington,
Garrett, Glendy, Gray, Harris, Hurst, Jackson, Lewis, Mann, Martin, Magill, Miller,
Mosby, Parsons, Pate, Patterson, Powell, Scott, Smith, Townes, Trout, Wall, Woltz,
Word and Wyatt—31.
Noes—Messrs. Baldwin (speaker), Atkinson, Baylor, Booker, Bowles, A. J. Clark,
Daniel, Davis, Davidson, Deskins, Dickenson, English, Evans, Fields, Garnett, Graham,
Grattan, Graves, Hancock, Hansbrough, Hardy, Harnsberger, Herndon, Holmes, Jones,
Joynes, Kellam, Kendrick, Kilby, Lee, Long, Moore, Morgan, Morris, Newberry, Owen,
Pendleton, Purdy, Rixey, Robertson, Seawell, Stearns, Straughan, Strayer, J. McDowell
Taylor, Teeter, Thompson, W. A. Turner, Z. Turner, Waddell, White, Wilson and Wood¬
son—53.
The question being on agreeing to the 3d amendment of the senate,
was put, and decided in the negative.
The question being on agreeing to the 4th amendment of the senate,
was put, and decided in the negative.
Mr. Garnett offered the following resolution; which was agreed to:
Resolved, That (the senate concurring) a committee of conference,
consisting of five members on the part of the house of delegates, and
three members on the part of the senate, be appointed to consider the
disagreeing votes between the two houses on house bill to stay the
collection of debts for a limited period, No. 140.
Ordered, That Mr. Garnett carry the bill and resolution to the
senate, and request their concurrence.
The Speaker appointed the following members as the committee of
conference on the part of the house of delegates: Messrs. Joynes,
Marshall, Gray, Seawell and Cabell.
On motion of Mr. Hurst, the house adjourned until to-morrow,
eleven o'clock.
THURSDAY, MARCH 1, 1866.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as
follows:
In senate, February 28, 1866.
The senate have passed house bills entitled:
An act tos amend and re-enact the 12th section of chapter 77 of
the Code of 1860, No. 122.
An act to incorporate "the Union car works manufacturing com¬
pany, No. 149.
An act for the relief of J. Sangster, No. 159.
An act to incorporate the planters loan association, No. 164.
An act to increase the capital stock of the Virginia and Tennessee
railroad company, No. 166.
An act requiring the superintendent of the penitentiary to keep a
record of conduct of prisoners, No. 170.^
An act to amend and re-enact section 12 of chapter 128 of the
Code of 1860, No. 204.
428
JOURNAL OF THE HOUSE OF DELEGATES.
An act to amend and re-enact section 1 of chapter 51 of the Code
of I860, No. 206. <
An act concerning the seals of the commonwealth, defining their
use, and the cases in which the tax upon them is to he collected, No.
207.
An act to incorporate the Tomahawk coal mining company, No.
208.
An act to incorporate the industrial mining and manufacturing
company, No. 213.
An act to re-enact the 2d section of chapter 43 of the Code (edi¬
tion of 1860), No. 216. ^
An act to repeal the 1st section of the act to repeal and re-enact
the 2d and 9th sections of the 42d chapter of the Code of 1860, and
to re-enact the said 2d section, No. 217.
An act to amend and re-enact the 21st section of chapter 36 of the
Code (edition of 1860), No, 218.
An act to incorporate the citizens gas-light company of the city of
Norfolk, No. 224.
An act to incorporate the American immigration and land com¬
pany, No. 225.
An act amending and re-enacting the 43d section of chapter 112 of
the Code of 1860, with regard to land warrants, No. 226.
An act to amend the 2d section of chapter 37 of the Code (edition
of 1860), No. 228.
An act to amend and re-enact the 3d and 5th sections of chapter
96, Code of 1860, No. 229.
An act to amend and re-enact section 32 of chapter 38 of the Code
of Virginia, No. 230.
An act to amend and re-enact section 2 of chapter 52 of the Code
of 1860, No. 232.
An act declaring Hyco river to he a lawful fence in the county of
Halifax, No. 233.
An act to incorporate the friendship fire company of Alexandria,
No. 235.
An act to incorporate the insurance and savings company of Vir¬
ginia, No. 237.
An act to incorporate the Southern fertilizing company, No. 238.
An act to incorporate the life insurance company of the state of
Virginia, No. 240.
An act repealing, amending and re-enacting the 1st and 2d sections
of chapter 62 of the Code of 1860, in relation to waste and unappro¬
priated lands, No. 241.
An act to amend and re-enact the 6th section of chapter 151 of
the Code, relating to attachments, No. 247.
An act incorporating the Manchester Union building fund associa¬
tion, No. 249.
An act to amend section 11 of an act entitled an act to establish a
system of district free schools for King George county, No. 250.
An act to incorporate the Virginia industrial association, No. 252.
JOURNAL OF THE HOUSE OF DELEGATES.
429
An act to amend and re-enact section 39 of chapter 184 of the
Code, No. 253.
An act to incorporate the Virginia savings hank, No. 255.
An act abolishing the inspection of lime, No. 257.
An act in relation to the testimony of colored persons, No. 258.
An act to incorporate the Shenandoah copper mining company,
No. 267.
An act conferring authority upon certain persons to erect a toll
bridge across Pamunkey river, in Caroline county, No. 265.
An act to authorize the erection of a bridge across the North Anna
river, in Caroline county, No. 272.
An act .amending the charter of the town of Scottsville, in the
county of Albemarle, No. 290.
An act to amend the 3d section of the act incorporating the Vir¬
ginia slate company, No. 291.
And they have passed, with amendments, house bills entitled:
An act to amend and re-enact chapter 22 of the Code of .Virginia,
No. 209.
An act to amend the 3d section of an act entitled an act to incor¬
porate the Chesterfield gas-coal mining company, passed December
21st, 1865, No. 236.
In which amendments they respectfully request the concurrence of
the house of delegates.
And they have rejected house bills entitled:
An act to amend and re-enact the 33d and 34th sections of chap¬
ter 49 of the Code of 1860, No. 246.
An act to amend and re-enact the 2d section of chapter 82 of the
Code of Virginia, No. 192.
And they have agreed to the house joint resolution on the restora¬
tion of the state, and the adjustment of the public debt.
They have also passed house bills entitled:
An act giving the consent of the state of Virginia to the action of
West Virginia in regard to the Virginia-canal company, No. 295.
An act to give eflfect to certain contracts and proceedings during
the late war, No. 221.
An act authorizing the appropriation of twenty thousand dollars
for the use of the penitentiary, No. 297.
They have agreed to the report of the committee of conference on
senate bill to repeal the act passed June 22, 1865, in relation to the
salaries of certain officers of government, and to revive certain sec¬
tions of the Code repealed by said act, No. 85.
They have also agreed to the resolution of the house of delegates
for a committee of conference on the subjects of disagreement be¬
tween the two houses on house bill entitled an act staying the collec¬
tion of debts for a limited period, No. 140.
The committee on enrolled bills of the senate have examined sun¬
dry such bills, and found them correctly enrolled; and they have beer
signed by the President of the senate, and are now communicated
for further signature.
430
JOURNAL OF THE HOUSE OF DELEGATES.
No. 209, An engrossed bill to amend and re-enact chapter 22 of the
Code of Virginia, returned from the senate with amendments, was
referred to the committee on military affairs.
No. 236, An engrossed hill to amend the 3d section of an act en¬
titled an act to incorporate the Chesterfield gas-coal mining company,
passed December 21, 1865, returned from the senate with an amend¬
ment, was referred to the committee of propositions and grievances.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act to reorganize the militia, with amendments, No. 136.
' And they have agreed to a joint resolution authorizing the sub¬
committees of the two houses to visit the Eastern and Western luna¬
tic asylums, &c. during the recess of the general assembly; in which
amendments and joint resolution they respectfully request the concur¬
rence of the house of delegates.
No. 142, A senate bill entitled an act to preserve and extend the
time for the exercise of certain civil rights and remedies, was read the
first and second times, and referred to the committee for courts of
justice.
Subsequently, senate bill No. 142 was reported from the committee
for courts of justice, and placed on the calendar.
No. 303, A bill to provide for heating the capitol building by hot
water apparatus, reported from the committee on the library, was
read the first and second times, and placed on the calendar for a third
reading.
No. 304, A bill providing for the better government of the Eastern
lunatic asylum, reported from the committee on lunatic asylums, was
read the first time, and placed on the calendar.
No. 305, A bill incorporating the Bloom grove quarrying, mining
and manufacturing company, reported from the committee of propo¬
sitions and grievances, was read the first time, and placed on the ca¬
lendar for a second reading.
The Speaker laid before the house a communication from the go¬
vernor, nominating Henry W. Thomas, Esq. of*Fairfax county, for
judge of the ninth judicial circuit.
Mr, Bently offered the following resolution:
Resolved, That the house of delegates (the senate concurring) will
this day, at one o'clock, proceed to choose a judge for the ninth judi¬
cial circuit.
The question being on a reference of the resolution to a committee,
was put, and decided in the negative.
The resolution was agreed to.
Ordered, That Mr. Bently carry the same to the senate, and request
their concurrence.
On motion of Mr. Strayer, leave of absence was granted Mr.
J ackson.
A message was received from the senate by Mr. Crockett, who in¬
formed the house of delegates that the senate had passed senate bill
JOURNAL OF THE HOUSE OF DELEGATES.
431
entitled an act for the relief of John S. Harlow, Ho. 165; in which
they respectfully requested the concurrence of the house of delegates.
The following papers were presented and referred, under Rule 37:
By Mr. W. T. Clark:
A hill to authorize the Richmond and Danville railroad company
and the Orange and Alexandria railroad company, or any other rail¬
road company of this state, to subscribe to the capital stock of the
Lynchburg and Danville railroad company; referred to the committee
of roads and internal navigation.
By Mr. Dunnington:
Resolved, That the committee for courts of justice be instructed
to enquire into the expediency of reporting a bill providing for the
calling of a convention for the purpose of amending the constitution.
The morning hour having expired, the house proceeded with the
business on the calendar.
The motion of Mr. Magill to reconsider the vote by which senate
bill entitled an act to amend and re-enact the 4th section of chapter
141 of the Code of Virginia (edition of 1860), Ho. 22, was rejected,
came up, and on motion of Mr. W. T. Clark, was passed by.
On motion of Mr. Dunnington, Rule 52 wa^ suspended, and
Ho. 300, A joint resolution in relation to the printing and for¬
warding of the acts passed at the present session of the general as¬
sembly, was read a second time, and ordered to be engrossed to be
read a third time.
The joint resolution being forthwith engrossed, was (two-thirds of
the members elect concurring) read a third time and passed—ayes 83.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Braxton, Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Davison, Davidson,
Deskins, Dunnington, English, Evans, Fields, Garnett, Garrett, Glendy, Graham, Grattan,
Graves, Gray, Hancock, Harris, Hardy, Harnsberger, Herndon, Holmes, Hurst, Jackson,
Jones, Joynes, Kellam, Kendrick, Kilby, Lewis, Long, Mann, Martin, Magill, Merritt,
Moore, Morgan, Morris, Mosby, Newberry, Owen, Pate, Patterson, Peed, Powell, Purdy,
Riggs, Rixey, Robertson, Scott, Seawell, Smith, Stearns, Straughan, Strayer, J. Mc¬
Dowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, Z. Turner, Waddell,
Wall, Watkins, Wilson, Woltz, Wood, Woodson, Wooldridge, Word and Wyatt—83.
Ordered, That Mr. Dunnington carry the same to the senate, and
request their concurrence.
The following report of the committee of conference on a bill to
stay the collection of debts for a limited period, Ho. 140, was pre¬
sented as follows:
The committee of conference on the disagreeing votes of the two
houses of the general assembly on bill 140, beg leave to submit the
following report: *
The committee recommend that the house recede from its disagree¬
ment to the amendments proposed to the 3d and 9th sections of the
hill • but the committee were unable to agree as to the amendment
proposed by the senate to the 10th section. The committee on the
part of the senate recommend that the senate insist upon the said
432
journal of the house of delegates.
amendment. The committee on the part of the house recommend
that the house insist upon its disagreement to the said amendment.
C. C. McRae, a 8. G.
Wm. T. Joynes, g. h. a
On votes severally taken, the house of delegates receded from its
disagreement to the 1st, 3d and 4th amendments proposed by the
senate.
Mr. Mosby moved that the house of delegates recede from its disa¬
greement to the 2d amendment of the senate.
Mr. Z. Turner moved the pending question; which was ordered.
The motion of Mr. Mosby was rejected—ayes 29; noes 61.
On motion of Mr. Watkins, the vote was recorded as follows:
Ayes—Messrs. Bently, Braxton, W. T. Clark, Davison, Davidson, Dunnington, Fields,
Gray, Harris, Hansbrough, Hardy, Hurst, Kendrick, Langhorne, Lewis, Martin, Magill,
Mosby, Parsons, Pate, Patterson, Powell, Riggs, Scott, W. F. B. Taylor, Townes, Woltz.
Word and Wyatt—29.
Noes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, A. J.
Clark, Daniel, Davis, Deskins, Dickenson, English, Evans, Garnett, Garrett, Glendy, Gra¬
ham, Grattan, Graves, Hancock, Harnsberger, Herndon, Holmes, Jackson, Jones, Joynes,
Kellam, Kilby, Lee, Long, Mann, Marshall, Merritt, Miller, Moore, Morgan, Morris,
Newberry, Owen, Peed, Pendleton, Purdy, Rixey, Robertson, Seawell, Smith, Stearns,
Straughan, Strayer, J. McDowell Taylor, Teeter, Thompson, Trout, W. A. Turner, Z.
Turner, Waddell, Wall, Watkins, Wilson, Wood and Wooldridge—61.
The question being that the house insist on its disagreement to the
second amendment of the senate, was put, and decided in the affirma¬
tive.
A message was received from the senate by Mr. Gray, who informed
the house of delegates that the senate had passed a resolution asking
that a committee of conference, consisting of five members on the part
of the senate, and nine members on the part of the house of delegates,
to consider the disagreement of the two houses on the second amend¬
ment of the senate to house bill to stay the collection of debts for a
limited period, No. 140, and that said committee have leave to sit
during the session of the two houses to-day, and that they have leave
to report, if they deem it expedient, a bill as a substitute for the said
house bill and amendments of the senate thereto.
The resolution was agreed to.
Ordered, That Mr. Merritt inform .the senate of the action of the
house of delegates.
The Speaker appointed the following members as the committee of
conference on the part of the house of delegates on the disagreement
of the two houses on the second amendment of the senate to house
bill 140: Messrs. Jones' Scott, Woodson, Wyatt, Evans, Herndon,
Pendleton, Merritt and Straughan.
A message was received from the senate by Mr. Gray, who informed
the house of delegates that the senate had agreed to the report of the
committee of conference on house bill entitled an act to amend and
re-enact the provisions of the Code of 1860, and the acts subsequent
JOURNAL OF THE HOUSE OF DELEGATES.
433
thereto, in regard to the public printer and the public printing, No.
The report of the committee of conference on house bill No. 119,
was agreed to, as follows:
Strike out the senate amendment in regard to the senate printer,
and insert in lieu thereof the following: "provided, that nothing in
this law contained shall interfere with the contract made with the
senate printer, by virtue of his recent election: and provided also, that
under the supervision of the superintendent of public printing, the
senate printer shall be allowed so much additional compensation as
will make his salary conform to the rates paid for other public print¬
ing."
That the senate amendment to the 14th section be concurred in.
That the senate recede from its 2d, 3d, 4th and 5th amendments—
ayes 77; noes 4.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Bently, Booker, Bowles, Cabell, A. J.
Clark, W. T. Clark, Daniel, Davis, Davison, Davidson, Deskins, Dickenson, English,
Fields, Garnett, Garrett, Glendy, Graham, Grattan, Hancock, Harris, Hansbrough, Hardy,
Harnsberger, Herndon, Holmes, Jackson, Kellam, Kendrick, Kilby, Langborne, Lee,
Lewis, Long, Mann, Marshall, Martin, Magill, Merritt, Morgan, Morris, Newberry, Owen,
Parsons, Pate, Patterson, Peed, Pendleton, Powell, Purdy, Biggs, Bixey, Eobertson,
Scott, Seawell, Smith, Stearns, Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor,
Teeter, Thompson, Townes, W. A. Turner, Z. Turner, Waddell, Wall, Watkins, White,
Wilson, Woltz, Wood, Wooldridge and Word—77.
Noes—Messrs. Dunnington, Evans, Moore and Mosby—4.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate had passed bills, enti¬
tled an act authorizing the increase of the capital stock of the Nor¬
folk and Petersburg railroad company, No. 166; and an act author¬
izing the increase of the capital stock of the South Side railroad
company, No. 167; in which bills they respectfully requested the
concurrence of the house of delegates.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate had agreed to the joint
resolution of the house of delegates in relation to the choice of a
judge of the ninth judicial circuit, at one o'clock this day.
On motion of Mr. Grattan, Rule 52 was suspended, and
No. 298, A bill appropriating the public revenue for the fiscal year
1865-6, was read a second time.
On motion of Mr. Grattan, the bill was amended by striking out
the 28th line, as follows: " To pay the expenses of militia, ten thou¬
sand dollars."
Mr. Grattan moved to amend 'the bill by striking out, in the 29th
line, the words "fifteen hundred," and inserting "two thousand;"
which was rejected.
Mr. Grattan moved to amend the bill by adding at the end of 29th
line the following: " One clerk, at a salary of twelve hundred dol¬
lars;" which was rejected.
55
434
JOUKNAL OP THE HOUSE OP DELEGATES.
Mr. Stearns moved to amend the hill by striking out, in the 30th
line, the word " two," and inserting " one;" which was rejected.
On motion of Mr. Grattan, the bill was amended by striking out,
in the 31st line, the words " military school," and inserting " Virgi¬
nia military institute."
Mr. Stearns moved to amend the bill by striking out, in the 31st
line, the word "fifteen," and inserting "eight;" which was rejected.
On motions severally made by Mr. Grattan, the bill was amended
as follows:
Add at end of 41st line the words "To the Western lunatic asy¬
lum, to pay debts due before 1st July 1865, $ 26,000."
Add at end of 44th line the words "For payment of claims against
the Eastern lunatic asylum, due before' July 1st, 1865, provided for
by the act passed on the 22d day of February, $18,336 55.
Fill blank in 50th line with the word " five."
Mr. Grattan moved to amend the bill by striking out, in the 51st
line, the words " five hundred," and inserting " seven hundred and
"fifty."
Mr. English moved to amend the bill by striking out the 51st line,
as follows: "To vaccine agent at Bichmond, five hundred dollars;"
which was rejected.
On motion of Mr. Grattan, the bill was amended as follows:
Insert in 77th line, after the word " of," the word " January."
On motion of Mr. Evans, the bill was amended by adding, at the
end of the 77th line, the following: " To L. W. Chamberlayne, for
13 days' services as an enrolling clerk, $104. To Frederick Gretter,
for 1 day's service as an enrolling clerk, $ 8."
On motions severally made by Mr. Grattan, the bill was amended
as follows:
Fill blank in 78th line with $300.
Add at end of 92d line the following: "For repairs and machinery
of the penitentiary buildings, $20,000."
Insert in 109th line, after the word "allowances," the words "with
an addition of 50 per cent."
Mr. Grattan moved to amend the bill by inserting in the 86th line
the following: "For printing 500 copies of the 6th, 7th, 8th, 9th and
10th volumes of Leigh's Eeports, the 1st and 2d volumes of Eobin-
son, and the 3d, 4th, 5th and 6th volumes of Grattan, $10,000.
And the said reports shall be printed and bound in the same style as
they were originally printed and bound, and shall not cost more than
$3 per volume. Said work shall be contracted for by the secretary
of the commonwealth, and performed under his direction and super¬
vision;" which was rejected.
On motion of Mr. Grattan, the bill was amended by adding at the
end of the 112th line the following: "For salary of superintendent of
public printing, .$1,000."
The bill was ordered to be engrossed to be read a third time.
A message was received from the senate by Mr. Keen, who informed
JOURNAL OF THE HOUSE OF DELEGATES.
435
the house of delegates that the senate had passed a hill entitled an act
to authorize the increase of the capital stock of the Richmond and
Danville railroad company, No. 168; in which they respectfully re¬
quested the concurrence of the house of delegates.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to incorporate the Union Bank of Richmond, No. 132; in
which they respectfully requested the concurrence of the house of
delegates.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had disagreed to the
substitute proposed by the house of delegates to senate bill entitled
an act to repeal an act entitled an act relating to witnesses, passed by
the general assembly of the restored government of Virginia on the
29th day of January 1864, No. 39; and had agreed to a resolution
asking for a committee of conference on the disagreement of the two
hoqses on senate bill No. 39; in which resolution they respectfully re¬
quested the concurrence of the house of delegates.
The resolution of the senate "was agreed to, as follows:
Resolved, That (with the concurrence of the house of delegates) a
committee of conference be appointed, consisting of three members
on the part of the senate, and five members on the part of the house
of delegates, to consider the subjects of disagreement between the two
houses on senate bill to repeal an act entitled an act relating to wit¬
nesses, passed by the restored government of Virginia on the 29th day
of January 1864, No. 39.
A message was received from the senate by Mr. McRae, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act to incorporate the Coal-field and Tide-water railroad com¬
pany, No. 129; in which they respectfully requested the concurrence of
the house of delegates.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had passed1 bills, enti¬
tled an act incorporating the Richmond harmonic association, No.
12T, and an act to incorporate the commercial savings bank of Rich¬
mond; in which bills they respectfully requested the concurrence of
the house of delegates.
The hour of one o'clock having arrived, the house proceeded to the
execution of the joint order of the day, which is the choice of a judge
for the ninth judicial circuit.
Ordered, That Mr. Bently( inform the senate that the house of
delegates is ready on its part to proceed to the execution of the joint
order.
A message was received from the senate by Mr. Gray, who informed
the house of delegates that the senate was ready on its part to exe¬
cute the joint order.
The Speaker appointed the following members to count and report
the joint vote: Messrs. Mosby, White and Strayer.
436
JOURNAL OF THE HOUSE OF DELEGATES.
Henry W. Thomas of Fairfax county, having been nominated by
the governor for the office of judge of the ninth judicial circuit,
The roll was called, with the following result:
For Henry W. Thomas, 59
J. Y. Brooke, - 2
E. K. Snead, - - - 1
In the negative, - - - - 8
The vote was recorded as follows:
For Mr. Thomas—Messrs. Baldwin (speaker), Atkinson, Baylor, Bently, Booker, Brax¬
ton, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Deskins, Dickenson, Garnett, Gar¬
rett, Glendy, Grattan, Hancock, Harris, Hansbrough, Hardy, Harnsberger, Herndon,
Kellam, Kendrick, Kilby, Long, Mann, Magill, Moore, Morgan, Morris, Mosby, New¬
berry, Owen, Parsons, Pate, Peed, Pendleton, Purdy, Riggs, Rixey, Seawell, Stearns,
Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes,
Trout, W. A. Turner, Waddell, White, Woltz, Wood, Wooldridge and Word—59.
For Mr. Brooke—Messrs. Graham and Patterson—2.
For Mr. Snead—Mr. Lewis—1.
In the negative—Messrs. Bowles, Dunnington, English, Z. Turner, Wall, Watkins,
Wilson and Woodson—8. * s
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, 96
Necessary to a choice, 49
H. W. Thomas received 84
J. Y. Brooke " 2
E. K. Snead " - - - 1
H. Moffitt " - - - 1
In the negative, - - - - 8
The Speaker declared Henry W. Thomas duly chosen judge of the
ninth judicial circuit.
On motion of Mr. Watkins, Rule 52 was suspended, and
No. 303, A bill to provide for heating the capitol building by hot
water apparatus, was taken up.
The question being—Shall the bill be again read this day? was
put, and decided in the negative.
Mr. Smith* moved to suspend Rule 52, in order to enable bim to
move to take up
No. 304, A bill providing for the better government of the Eastern
lunatic asylum; which was rejected.
On motion of Mr. Grattan, Rule 52 was suspended, and
No. 277, A bill to provide for funding the interest upon the public
debt, was read a second time, and ordered to be engrossed to be read
a third time.
No. 44, A senate bill entitled an act to amend the 1st section of
chapter 18 of the Code, in relation to the appointment of certain offi¬
cers at the seat of government, came up.
, The question being on agreeing to the report of the committee for
courts of justice that the house of delegates insist upon their amend¬
ments to the bill, was put, and decided in the affirmative.
No. 78, A senate bill entitled an act to regulate express business
JOURNAL OF THE HOUSE OF DELEGATES.
437
over the railroads of Virginia, came up, and on motion of Mr. Gar-
nett, was passed "by.
No. 163, A senate bill entitled an act to authorize the common
council of Petersburg to fund the interest due on bonds of said city,
was read a third time and passed.
No. 130, A senate bill entitled an act to provide for the assertion
of the rights of this commonwealth to jurisdiction over the counties
of Jefferson and Berkeley, came up.
Mr. Stearns moved to amend the bill by striking out, in the 2d line
of the 3d section, the word "ten," and inserting "three;" which was
rejected.
The bill was read a third time and passed—ayes 64; noes 10.
The vote was recorded as foll'ows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Davison, Davidson, Dunning-
ton, Evans, Fields, Garnett, Garrett, Glendy, Grattan, Graves, Gray, Hancock, Harris,
Hansbrough, Hardy, Harnsberger, Holmes, Jackson, Joynes, Kendrick, Langhorne, Lee,
Marshall, Martin, Magill, Morris, Mosby, Newberry, Owen, Pate, Patterson, Peed, Powell,
Purdy, Rixey, Robertson, Seawell, Smith, Strayer, W. F. B. Taylor, Townes, Trout, W.
A. Turner, Z. Turner, Waddell, Wall, Watkins, White, Wilson, Wood and Wooldridge—64.
Noes—Messrs. Braxton, Deskins, Kellam, Lewis, Moore, Parsons, Stearns, J. McDowell
Taylor, Teeter and Word—10.
No. 293, An engrossed, bill to authorize the-town council of Fred¬
ericksburg to fund the interest due on the public debt of said town,
was read a third time and passed.
No. 272, An engrossed bill concerning contracts payable in confede¬
rate treasury notes, was read a third time and passed.
On motion of Mr. Joynes, the title was amended by striking out
the whole of the same, and inserting in lieu thereof the following:
"providing for the adjustment of liabilities arising under contracts
and wills made between the 1st day of January 1862 and the 10th
day of April 1865.
No. 161, A bill to revive and re-enact and amend the Pittsylvania
railroad company, came up, and on motion of Mr. W. T. Clark, was
passed by.
No. 145, A bill to extend the limits of the.city of Richmond, was
read a second time.
The question being on ordering the bill to be engrossed to be read
a third time, was put, and decided in the negative.
Resolved, That the bill be rejected.
On motion of Mr. Z. Turner, Rule 52 was suspended, and
No. 288, A bill to regulate express transportation over the rail¬
roads of the commonwealth, was taken up, and on motion of Mr.
Joynes, was passed by.
No. 260, A bill amending sections 6 and 14 of chapter 158 of the
Code of 1860, concerning the terms of courts, came up.
On motion of Mr. Evans, the bill was amended by striking out, in
the 2d section, the words and figures " day of March, the 1st day of
June the 1st day of September and the 1st day of December," and
inserting in lieu thereof the following: "Monday in February, May,
438
JOURNAL OF THE HOUSE OF DELEGATES.
July and November; and the respective terms of said court shall not
exceed thirty-five days."
The bill was ordered to be engrossed to be read a third time; and
being forthwith engrossed (two-thirds of the members elect concur¬
ring), was read a third time and passed.
Ordered, That Mr. Evans carry the bill to the senate, and request
their concurrence.
On motion of Mr. Grattan, Eule 52 was suspended, and
No. 301, A bill imposing a tax on oysters, was read a second time.
Mr. Seawell moved to amend the bill by striking out all of the 1st
•section, after the word "assembly," in the 1st line; which was re¬
jected.
Mr. Hurst moved to strike out the 6th section; which was rejected.
Mr. Hurst moved to strike out the 8th section; which was rejected.
Mr. Joynes moved a reconsideration of the vote by which the mo¬
tion of Mr. Hurst to strike out the 8th section, was rejected.
Mr. Hurst moved that the house do now adjourn; which was re¬
jected.
Mr. Smith moved that the pending bill be passed by; which was
rejected.
On motion uf Mr. Joynes, Eule 63 was suspended, in order to ena¬
ble a motion to be made that the house of delegates take a recess.
Mr. Garnett moved that the house of delegates take a recess until
half past seven o'clock P. M.; which was agreed to.
evening session.
The motion of Mr. J oynes to reconsider the vote by which the mo¬
tion of *Mr. Hurst to strike out the 8th section, came up, and was
rejected.
Mr. Garnett moved to amend bill No. 301 by inserting in the 1st
line, 8th section, after .the word " vessel," the words " not being a
citizen of this commonwealth;" which was rejected.
On motion of Mr. Grattan, the bill was amended by adding, in the
2d line of the 8th section, after the word " oysters," the following:
" taken in the waters of Virginia."
On motion of Mr. Grattan, the bill was amended by filling the
blank in the 9th line of 10th section, with the word " ten."
The question being on ordering the bill to be engrossed to be read
a third time,
Mr. Seawell moved to dismiss the bill; which was rejected—ayes
20; noes 62.
On motion of Mr. Seawell, the vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Braxton, Dunnington, Fields, Garnett, Harris, Hans-
brough, Hurst, Joynes, Kellam, Lewis, Mosby, Peed, Pendleton, Powell, Purdy, Scott
Seawell, Smith and Straughan—20.
JOURNAL OF THE HOUSE OF DELEGATES.
439
. Noes—Messrs. Atkinson, Baylor, Bekem, Bently, Booker, Bowles, A. J. Clark, W. T.
Clark, Davis, Davison, Davidson, Deskins, Dickenson, Evans, Garrett, Glendy, Graham,
Grattan, Graves, Gray, Hancock, Hardy, Harnsberger, Herndon, Holmes, Jackson, Ken-
drick, Lee, Long, Mann, Marshall, Martin, Magill, Merritt, Miller, Moore, Morgan, New¬
berry, Owen, Parsons, Pate, Patterson, Riggs, Rixey, Robertson, Stearns, Strayer, J.
McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, Z. Turner, Wad-
dell, Watkins, White, Woltz, Wood, Wooldridge, Word and Wyatt—62.
The "bill was ordered to be engrossed to be read a third time.
The following petition was presented and referred, under Enle 37:
By Mr. Powell:
Petition of John L. Harlow to general assembly of Virginia; referred
to the committee for courts of justice.
A message was received from the senate by Mr. Cabell, who in¬
formed the house of delegates that the senate had passed senate bills,
entitled an act to incorporate the Buffalo Kidge mining and petroleum
company,'No. 120; an act to amend and re-enact the 25th section of
the act passed January 25, 1866, entitled an act to amend the charter
of the city of Alexandria, No. 147; an act to incorporate the Virginia
guano company, No. 154; an act to incorporate the Virginia immigra¬
tion society, No. 161; in which bills they respectfully requested the
concurrence of the house of delegates.
The Speaker appointed the following members as the committee of
conference on the part of the house of delegates on the disagreement
of the two houses on senate bill entitled an act to repeal an act enti¬
tled an act relating to witnesses, passed by the general assembly of
the restored government of Virginia on the 29th day of January 1864,
No. 39: Messrs. Joynes, Bekem, Z. Turner, Dickenson and Cabell.
A message was- received from the senate by Mr. Cabell, who in¬
formed the house of delegates that the senate had passed house bills,
entitled an act to incorporate the St. James improvement company,
No. 52, and an act to authorize a poll to be taken in King & Queen
county to ascertain the sense of the people of said county on the
question of the removal of the site of the seat of justice of said county,
and for other purposes connected therewith, No. 242; and that they
had passed senate bills entitled an act to amend and re-enact the 15 th
section of chapter 15 of the Code of Virginia (edition of 1860), No.
137; an act to incorporate the Union manufacturing company of the
county of Fluvanna, No. 141; an act to amend the 13th, 15th, 16th
and 42d sections of chapter 182 of the Code, and to repeal the 11th,
12th, 17th, 18th, 19th and 20th sections of said chapter, in relation
to appeals, writs of error and supersedeas, No. 143; an act to pro¬
hibit attachment in certain cases, No. 144; an act to incorporate the
American lead mining company, No.-145; an act incorporating the
Iron mountain mining and manufacturing company of Montgomery
and Craig counties, Virginia, No. 150; an act authorizing the Midlo¬
thian coal mining company to construct a railroad to J ames river
from their coal mines in Chesterfield county, No. 151; an act to re¬
vise and amend the charter of the Glendower mining company, No.
152; an act for the relief of William E. Goodwin, late sheriff of
Prince William county, No. 153; an act to amend the 12th and 13th
440
JOURNAL OF THE HOUSE OF DELEGATES.
sections of chapter 95 of the Code of Virginia (edition of 1860)%iq
relation to the fees of harbor masters, No. 156; an act to incorporate
the Portsmouth city railroad company, No. 158; and ah act incorpo¬
rating the Christianshurg savings institution, No. 160; in which hills
they respectfully requested the concurrence of-the house of delegates.
Mr. W. T. Clark offered the following resolution; which was agreed
to:
Eesolved, That when this house adjourns, it will adjourn to meet
to-morrow morning, at ten o'clock.
The second committee of conference on the disagreement of the two
houses on a hill to' stay the collection of debts for a limited period,
No. 140, reported a substitute for the hill.
The question being on agreeing to the report of the committee of
conference,
Mr. Z. Turner moved the previous question; and the main question
was ordered.
The report of the committee of conference was agreed to—ayes 79;
noes 3.
On motion of Mr. Z. Turner, the vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Braxton, A. J. Clark, Davis, Davison, Davidson, Deskins, Dickenson, Dunnington, Evans,
Fields, Garrett, Glendy, Graham, Grattan, Graves, Gray, Hancock, Harris, Hansbrough,
Hardy, Harnsberger, Herndon, Holmes, Hurst, Jackson, Jones, Joynes, Kellam, Ken-
drick, Langhorne, Lee, Lewis, Long, Mann, Marshall, Magill, Merritt, Miller, Moore,
Morgan, Mosby, Newberry, Owen, Parsons, Patterson, Peed, Pendleton, Powell, Purdy,
Riggs, Rixey, Robertson, Scott, Seawell, Smith, Straughan, Strayer, J. McDowell Tay¬
lor, W. F. B. Taylor, Tweeter, Thompson, Townes, Trout, Z. Turner, Waddell, Watkins,
White, Woltz, Wood, Wooldridge, Word and Wyatt—79.
Noes—Messrs. W. T. Clark, Pate and Stearns—3.
Ordered, That Mr. Straughan carry the report (and substitute) to
the senate, and request their concurrence.
Mr. Bently moved that the house do now adjourn; which was re¬
jected.
On motion of Mr. Grattan, Rule 52 was suspended, and
No. 279, Joint resolution in relation to the debt due to the state
from Selden, Withers & Co., was read a second time, and ordered to
be engrossed to be read a third time.
On motion of Mr. Evans, Rule 52 was suspended, and
No. 285, A bill to amend the 1st and 6th sections of chapter 160
of the Code of 1860, relating to the court of appeals, to repeal other
sections of said chapter, and making provisions concerning the organ¬
ization, jurisdiction and proceedings of said court, was read a second
time.
On motions severally made by Mr. Evans, the bill was amended as
follows:
Add at end of 4th section the following: "provided, that the re¬
cords and papers in pending cases from the counties now belonging to
West Virginia, shall, by the order of the court, be delivered to any
person who may be appointed by the governor of West Virginia to
receive them; and said cases shall thereupon be stricken from the
JOURNAL OF THE HOUSE OF DELEGATES.
441
docket; but this provision shall not apply to cases from the counties
of Jefferson and Berkeley."
Strike out the 7th section, and insert the following: " So much of
the law library as the supreme court of appeals may direct, shall be
put up jn the court room or conference room for the use of the court,
and shall be under the control of the court, subject to such privileges
to other persons as may be allowed by law, or by rules established by
the court. The court shall appoint one of its officers to perform the
duties of .librarian."
Add, as independent sections, to come in after the 7th section, the
following:
"8. The sum of $500 is hereby appropriated to the law library, out
of any money in the treasury not otherwise appropriated, to be ex¬
pended under the direction of the supreme court of appeals.
"9. The expense of carrying the provisions of this act into effect,
except the provisions of the 8th section, shall be paid, on the order of
the governor, out of any money in the treasury not otherwise appro¬
priated by law."
The bill was ordered to be engrossed to be read a third time.
A message was received from the senate by Mr. Davis, who informed
the house of delegates that the senate had passed bill entitled an act
to amend the 24th section of the 158th chapter of the Code of 1860,
changing the times of holding the courts in the 16th circuit, No. 136;
in which they respectfully requested the concurrence of the house of
delegates.
No. 109, A senate bill authorizing the payment of the contingent
expenses of the board of public works, came up, and on motion of Mr.
Graham, was recommitted to the committee of roads and internal
navigation.
Mr. Garnett moved a reconsideration of the vote by which the bill
was recommitted; which was rejected.
On motion of Mr. A. J. Clark, the house adjourned until to-mor¬
row, ten o'clock.
FRIDAY, MARCH 2, 1866.
The journal was read by the clerk.
A communication from the senate, by their clerk, was read as
follows:
In senate, March 1, 1866,
The senate have passed a bill entitled: ,
An act to incorporate a company to remove the bars and obstruc¬
tions in James river, between the city of Richmond and City Point,
No. 171. „ , ,
In which they respectfully request the concurrence of the house of
delegates.
56
442
JOURNAL OF THE HOUSE OF DELEGATES.
Mr. Hancock moved to suspend Rule , for the residue of
the session, requiring senate hills of a private and local character to
he referred to a committee.
Mr. Robertson offered the following as a substitute:
" Resolved, That all bills or joint resolutions be taken up in regular,
successive order, and passed through their several stages to adoption
or rejection, without motion for suspension of rules in order thereto;
and that so much of Rules 37 and 38 or other rule as requires a refer¬
ence of petitions, &c. to committees, be suspended until the close of
the present session of the house. All rules and parts of rules in con¬
flict hereto, are hereby suspended as aforesaid."
Which was rejected.
The resolution of Mr. Hancock was rejected.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed a bill entitled an
act to protect the interests of the commonwealth and other stock¬
holders in railroads between Weldon and Baltimore, from reckless
and injurious competition, No. 94.
The bill was read the first and second times, and referred to the
committee of roads and internal navigation.
Mr. Lee moved to suspend Rule , requiring senate bills of
a local character to be referred to a committee; which was rejected.
No. 153, A senate bill entitled an act for the relief of William E.
Goodwin, late sheriff of Prince William county, was read the first
and second times, and referred to the committee on finance.
The following senate bills were read a first and second times, and
referred to the committee of roads and internal navigation.
No. 129, A senate bill entitled an act to incorporate the Coal-field
and Tide-water railroad company.
Subsequently, the bill was reported from the committee of roads
and internal navigation, and placed on the calendar.
No. 151, A senate bill entitled an act authorizing the Midlothian
coal mining company to construct a railroad to James river, from their
coal mines in Chesterfield.
Subsequently, the bill was reported from the committee of roads
and internal navigation, and placed on the calendar.
No. 158, A senate bill entitled an act to incorporate the Ports¬
mouth city railroad company.
Subsequently, the bill was reported from the committee of roads
and internal navigation, and placed on the calendar.
No. 173, A senate bill entitled an act incorporating the stockholders
of the Richmond and Petersburg railroad connection company.
Subsequently, the bill was reported from the committee of roads
and internal navigation, and placed on the calendar.
No. 171, A senate bill entitled an act to incorporate a company to
remove the bars and obstructions in James river, between the city of
Richmond and City Point.
No. 168, A senate bill entitled an act to authorize the increase of
the capital stock of the Richmond and Danville railroad company,
JOURNAL OF THE HOUSE OF DELEGATES.
443
No. 167, A senate bill entitled an act authorizing the increase of
the capital stock of the South Side railroad company.
No. 166, A senate bill entitled an act authorizing the increase of
the capital stock of the Norfolk and Petersburg railroad company.
The following senate bills were read a first and second times, and
referred to the committee of propositions and grievances:
No. 141, A senate bill entitled an act to incorporate the Union
manufacturing company of the county of Fluvanna.
No. 161, A senate bill entitled an act to incorporate the Virginia
immigration society.
No. 154, A senate bill entitled an act to incorporate the Virginia
guano company.
No. 156, A senate bill entitled an act to amend the 12th and 13th
sections of chapter 95 of the Code of Virginia (edition of 1860), in
relation to fees of harbor masters.
No. 152, A senate bill entitled an act to revive and amend the
charter of the Grlendower mining company.
Subsequently, No. 152 was reported back from the committee of
propositions and grievances, and placed on the calendar.
No. 150, A senate bill entitled an act to incorporate the Iron
mountain mining and manufacturing company of Montgomery and
Craig counties, Virginia.
No. 145, A senate bill entitled an act to incorporate the American
lead mining company.
No. 127, A senate bill entitled an act incorporating the Richmond
harmonic association.
No. 147, A senate bill entitled an act to amend and re-enact the
25th section of the act passed January 25th, 1866, entitled an act
to amend the charter of the city of Alexandria.
Subsequently, No. 147 was reported back by the committee, and
placed on the calendar.
No. 120, A senate bill entitled an act to incorporate the Buffalo
ridge mining and petroleum company.
The following senate bills were read a first and second times, and
referred to the committee on banks:
No. 132, A senate bill entitled an act to incorporate the Union
savings bank of Richmond.
No. 134, A senate bill entitled an act to incorporate the commer¬
cial savings bank of Richmond.
No. 160, A senate bill entitled an act incorporating the Christians-
burg savings institution.
Subsequently, the bills were reported back from the committee on
banks, and placed on the calendar.
The following senate bills were read a first and second times, and
referred to the committee for courts of justice:
No. 143, A senate bill entitled an act to amend the 13th, 15th,
16th and 42d sections of chapter 182 of the Code, and to repeal the
11th, 12th, 17th, 18th, 19th and 20th sections of said chapter, in re¬
lation to appeals, writs of error and supersedeas.
444
JOURNAL OF THE HOUSE OF DELEGATES.
No. 144, A senate bill entitled an act to prohibit attachments in
certain cases.
No. 136, A senate bill entitled an act to amend the 24th section of
the 158th chapter of the Code of 1860, changing the times of hold¬
ing the courts in the 16 th circuit.
No. 137, A senate bill entitled an act to amend and re-enact the
15th section of chapter 15 of the Code of Virginia (edition of 1860).
No. 165, A senate bill entitled an act for the relief of John S.
Harlow.
Subsequently, senate bill No. 165 was reported from the committee
for courts of justice, and placed on the calendar.
No. 136, An engrossed bill to reorganize the militia, returned from
the senate with an amendment, was, on motion of Mr. Daniel, placed
on the calendar (Rule No. having been suspended, which re¬
quires a commitment of the bill to a committee).
No. 236, An engrossed bill to amend the 3d section of an act enti¬
tled an act to incorporate the Chesterfield gas-coal mining company,
passed December 21, 1865, reported from the senate with an amend¬
ment, was placed on the calendar.
Joint resolution authorizing the sub-committees of the two houses
to visit the Eastern and Western lunatic asylums, &c. during the re¬
cess of the general assembly, was read the first and second times, and
referred to the committee on lunatic asylums.
Subsequently, the joint resolution was reported from the commit¬
tee, and placed on the calendar.
No. 306, A bill to amend the 3d section of an act entitled an act
to give effect to certain acts, contracts and proceedings during the
late war, reported from the committee for courts of justice, was read
the first time, and placed on the calendar for a second reading.
The following report from the committee for courts of justice was
agreed to:
The committee for courts of justice have, according to order, had
under consideration a resolution concerning the call of a convention
for amending the constitution, and heg leave to report, that they deem
it inexpedient to legislate on the subject, and respectfully ask to be
relieved from the further consideration of the same.
The following report from the joint committee to examine the
treasurer's office was, on motion of Mr. Watkins, laid on the table:
The joint committee of the senate and house of delegates to examine
the accounts of the treasurer, have performed that duty, and submit
the following report:
That the vouchers of the treasurer, both of the receipts and dis¬
bursements into and out of the treasury, on warrants and orders is¬
sued by the auditor of public accounts, are neatly and carefully la¬
belled, and filed in good order. That the books are neatly and cor¬
rectly kept, the cash accounts settled each day, and the bank accounts
at the end of each month.
Your committee have also examined the registers of the several in¬
dependent banks, kept in the banking department of J;he treasurer's
journal of the house of delegates.
445
office, and find them neatly and correctly kept. They have also ex¬
amined the cancelled note registers, and are satisfied that the same,
have been correctly registered, showing the number, denomination and
amount of notes cancelled and burned.
All of which is respectfully submitted.
S. B. Kello, C. S. C. Pro tem.
Samuel L. Straughan, g. h c.
On motion of Mr. Watkins, leave of absence was granted Mr. Scott.
Mr. Watkins offered the following resolution:
Kesolved, That the house will (the senate concurring), at two o'clock
this day, proceed to the election of three commissioners, to proceed to
West Virginia to perform the duties required by the joint resolution
of the general assembly, entitled a joint resolution on the restoration
of the state, and the adjustment of the public debt, passed 28th
February 1866.
The house refusing to refer to a committee, the resolution was
agreed to.
Ordered, That Mr. Watkins carry the resolution to the senate, and
request their concurrence.
Mr. Word offered the following resolution (the motion to refer be¬
ing rejected), which was agreed to:
Kesolved, That this house will, with the concurrence of the senate,
proceed, on to-day, at one o'clock, to the election^of a superintendent
of public printing.
Ordered, That Mr. Word carry the resolution to the senate, and
request their concurrence.
No. 307, Joint resolution in relation to the United States land tax
of 1862, reported from the committee on finance, was read the first
time, and placed on the calendar for a second reading.
No. 309, Joint resolution in regard to the James river and Ka¬
nawha canal company, reported from the committee on finance, was
read the first time, and placed on the calendar for a second reading.
Mr. Lee offered the following resolution: >
Resolved, That for the residue of the session, no member be
allowed to speak more than five minutes at one time, and not more
than once on any subject.
Mr. Mosby moved to amend the resolution by striking out " ten,"
and inserting "five;" which was rejected.
The resolution, as amended, was agreed to.
On motion of Mr. Evans, leave of absence was granted Mr. Riggs.
Mr. Robertson offered the following resolutionwhic h was rejected:
Resolved, That when this house adjourns this day, it will adjourn
to meet to-morrow morning, at nine o'clock.
Mr. Lee offered the following resolution, which was agreed to^
Resolved, That when this house adjourns this day, it will adjourn
to meet to-morrow morning, at ten o'clock.
Mr. Grarnett offered the following resolution, which was agreed to:
446
JOURNAL OF THE HOUSE OF DELEGATES.
Kesolved, That all the private hills upon the calendar he post¬
poned until the hills of general interest are acted on.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar:
On motion of Mr. Grattan, Eule 52 was suspended, and
No. 298, An engrossed hill appropriating the public revenue for
the fiscal year 1865-6, was read a third time and passed—ayes 83.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Davison, Davidson, Deskins,
Dickenson, Dunnington, Evans, Fields, Garnett, Garrett, Glendy, Graham, Grattan, Graves,
Hancock, Hansbrough, Hardy, Harnsberger, Herndon, Holmes, Hurst, Jackson, Jones,
Joynes, Kellam, Kendrick, Kilby, Lee, Long, Mann, Marshall, Martin, Magill, Merritt,
Miller, Moore, Morris, Mosby, Newberry, Owen, Parsons, Pate, Patterson, Peed, Pendle¬
ton, Powell, Purdy, Biggs, Bixey, Bobertson, Scott, Seawell, Smith, Stearns, Straughan,
Strayer, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, Z. Turner, Waddell, Wall,
Watkins, Wilson, Woltz, Wood, Woodson, Wooldridge and Word—83.
Ordered, That Mr. Z. Turner carry the hill to the senate, and re¬
quest their concurrence.
The motion of Mr. Magill to reconsider the vote by which a senate
hill entitled an act to amend and re-enact the 4th section of chapter
141 of the Code of Virginia (edition of 1860), No. 22, was rejected,
came up.
Mr. Graves moved that the motion he passed by; which was rejected.
Mr. W. T. Clark moved the pending question; which was ordered.
The motion of Mr. Magill was rejected—ayes 40; noes 45.
On motion of Mr. Deskins, the vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bowles, Browning, Cabell, A. J.
Clark, Dunnington, Evans, Glendy, Graham, Grattan, Hancock, Hansbrough, Herndon,
Holmes, Jones, Joynes, Kilby, Lee, Marshall, Magill, Merritt, Miller, Morris, Pate,
Purdy, Bixey, Bobertson, Scott, Stearns, J. McDowell Taylor, Townes, Z. Turner, Wad¬
dell, Wall, Watkins, Wilson, Wood and Wooldridge—40.
Noes—Messrs. Bekem, Bently, Booker, Braxton, W. T. Clark, Daniel, Davis, Davison,
Davidson, Deskins, Dickenson, Fields, Garnett, Garrett, Graves, Harris, Hardy, Harns¬
berger, Hurst, Jackson, Kellam, Kendrick, Long, Mann, Martin, Moore, Morgan, Mosby,
Newberry, Owen, Patterson, Peed, Pendleton, Powell, Seawell, Smith, Straughan, Strayer,
W. F. B. Taylor, Teeter, Thompson, Trout, Woltz, Woodson and Word—45.
A message was received from the senate by Mr. Lemosy, who in¬
formed the house of delegates that the senate had passed house hill
entitled an act to amend and re-enact section 13 of chapter 14 of the
Code (edition of 1860), as amended and re-enacted by an act entitled
an act to amend and re-enact the 13th and 14th sections of chapter
14 of the Code of Virginia of 1860, passed 15th December 1865, No.
163, with amendments; in which they respectfully requested the con¬
currence of the house of delegates.
The Speaker laid before the house bill 163, as one requiring the
immediate attention of the house of delegates.
The rule requiring the reference of the bill to a committee, was
suspended.
The question being on agreeing to the first amendment of the sen¬
ate, was put, and decided in the negative—>ayes 46; noes 28.
The vote was recorded as follows:
JOURNAL OF THE HOUSE OF DELEGATES.
447
Ayes—Messrs. Baldwin (speaker), Booker, Bowles, Braxton, Browning, Cabell, A. J.
Clark, Daniel, Davis, Deskins, Dunnington, Evans, Fields, Garnett, Glendy, Hancock,
Harris, Hardy, Herndon, Holmes, Hurst, Jackson, Jones, Kellam, Lee, Lewis, Marshall,
Magill, Morgan, Morris, Peed, Pendleton, Rixey, Scott, Seawell, Smith, Stearns, Strayer,
Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz and Wooldridge—46.
Noes—Messrs. Atkinson, Baylor, Bekem, Davidson, Dickenson, Graham, Grattan,
Graves, Joynes, Kendrick, Long, Mann, Martin, Merritt, Moore, Moshy, Newberry,
Owen, Pate, Powell, Purdy, Riggs, Robertson, Straughan, J. McDowell Taylor, Teeter,
Townes, Trout and Word—28.
The question being on agreeing* to the second amendment of the
senate, was put, and decided in the affirmative—ayes 75; noes 3.
The second amendment is as follows:
Add at the end of amended section the following: "Hereafter, at
the expiration of each session of the general assembly, it shall be
the duty of the clerk of the house of delegates to forward by mail,
as soon as practicable after the adjournment, to each senator and del¬
egate, five unbound copies of the acts and joint resolutions passed at
said session."
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Baylor, Bekem, Bently, Booker, Bowles, Braxton,
Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Davidson, Deskins, Dunnington,
Evans, Fields, Garnett, Garrett, Glendy, Graves, Hancock, Harris, Hansbrough, Hardy,
Herndon, Holmes, Hurst, Jackson, Jones, Joynes, Kellam, Kendrick, Kilby, Lee, Lewis,
Long, Mann, Marshall, Martin, Magill, Merritt, Miller, Moore, Morgan, Morris, Mosby,
Newberry, Owen, Pate, Peed, Pendleton, Purdy, Rixey, Robertson, Seawell, Smith,
Stearns, Straughan, Strayer, J. McDowell Taylor, Teeter, Townes, Trout, Z. Turner,
Waddell, Wall, Watkins, White, Wilson, Woltz, Wood, Wooldridge and Word—75.
Noes—Messrs. Atkinson, Powell and Riggs—3.
Mr. Grattan moved a reconsideration of the vote by which the first
amendment of the senate to house bill Ho. 163 was rejected; which
was agreed to.
The question being on agreeing to the first amendment of the sen¬
ate, was put, and decided in the affirmative—ayes 71.
The first amendment is as follows:
After the word "clerk," in 9th line of amended section, strike out
the words " of the house of delegates to employ one assistant," and
insert in lieu thereof the following words: " Of the senate, and the
same sum to the clerk of the house of delegates, to enable each of
said clerks to employ one assistant. And for each alternate session
of the general assembly, the clerk of the senate and the clerk of the
house of delegates shall each receive the sum of eight dollars per day
during the session, in addition to the annual salary allowed in this
section."
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brown¬
ing Cabell, W. T. Clark, Daniel, Davis, Davison, Davidson, Deskins, Dunnington, Evans,
Fields, Garnett, Garrett, Glendy, Graham, Grattan, Graves, Gray, Hancock, Harris,
Hardy Harnsberger, Holmes, Jones, Joynes, Kendrick, Kilby, Langhorne, Lee, Lewis,
Lone Mann Marshall, Martin, Magill, Merritt, Miller, Moore, Morgan, Morris, New¬
berry' Owen' Pate Peed, Pendleton, Powell, Purdy, Rixey, Robertson, Scott, Seawell,
Smith Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Trout, Z. Turner, Wall,
Watkins, Wilson, Woltz, Wood, Wooldridge and Word—71.
The report of the committee of conference on senate bill entitled an
448
JOURNAL OF THE HOUSE OF DELEGATES.
act to repeal an act entitled an act relating to witnesses, passed by
the general assembly of the restored government of Virginia on the
29th day of January 1864, No. 39, was agreed to.
Ordered, That Mr. Joynes inform the senate of the action of the
house.
No. 136, An engrossed bill to reorganize the militia, came up.
The amendment of the senate was agreed to, as follows:
Section 4, line 1, insert before the words "brigadier generals" the
word "and," and strike out the words "and the adjutant general," in
same line.
A message was received from the senate by Mr. Peck, who informed
the house of delegates that the senate had passed senate bill entitled
an act to amend and re-enact the 9 th section of the act entitled an act
to incorporate the Covington and Ohio railroad company, passed
February 26, 1866, No. 164; in which they respectfully requested the
concurrence of the house of delegates.
No. 71, A senate bill entitled an act to facilitate the continuous
transportation of passengers, baggage and tonnage between the Vir¬
ginia and Tennessee, South Side, Norfolk and Petersburg, and Orange
and Alexandria railroads, came up, and on motion of Mr. Straughan,
was passed by.
No. 78, A senate bill entitled an act to regulate express business
over the railroads of Virginia, came up, and on motion of Mr. W. T.
Clark, was passed by.
No. 142, A senate bill entitled an act to preserve and extend the
time for the exercise of certain civil rights and remedies (heretofore
reported from the committee for courts of justice), was read a third
time and passed.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had agreed to the report
of the committee of conference on house bill to stay the collection of
debts for a limited period, No. 140.
No. 277, An engrossed bill to provide for funding the interest upon
the public debt, was read a third time and passed—ayes 78.
The vote was recorded as follows
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bentlv, Booker, Bowles,
Braxton, Browning, Cabell, A, J. Clark, W. T. Clark, Daniel, Davis, Davidson, Deskins,
Dickenson, Dunnington, Evans, Fields, Garnett, Garrett, Glendy, Grattan, Graves, Hans-
brough, Hardy, Herndon, Holmes, Jackson, Jones, Joynes, Kendrick, Kilby, Lee, Lewis,
Long, Mann, Marshall, Martin, Magill, Merritt, Miller, Moore, Morris, Mosby, Newberry,
Owen, Pate, Patterson, Peed, Pendleton, Powell, Purdy, Riggs, Rixey, Robertson, Scott,
Seawell, Smith, Stearns, Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor,
Teeter, Thompson, Townes, Trout, Z. Turner, Waddell, Wall, Watkins, White, Wilson,
Woltz, Wooldridge and Word—78.
Ordered, That Mr. Grattan carry the bill to the senate, and request
their concurrence.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed bills, entitled an
act to provide for funding the interest upon the public debt, No. 277;
and an act to promote and encourage immigration into the state of
JOURNAL OF THE HOUSE OF DELEGATES.
449
Virginia, No. 49; in which they respectfully requested the concur¬
rence of the house of delegates.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had agreed to the
report of the committee of conference on a senate hill entitled an act
to repeal an act entitled an act relating to witnesses, passed by the
general assembly of the restored government of Virginia on the 29th
day of January 1864, No. 39.
No. 279, Joint resolution in relation to the debt due to the state
from Selden, Withers & Co., was read a third time and passed—
ayes 80.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently, Booker, Bowles,
Braxton, Browning, Cabell, A. J. Clark, W. T. Clark, Daniel, Davis, Deskins, Dunnington,
Evans, Fields, Garnett, Garrett, Glendy, Graham, Grattan, Graves, Gray, Hancock, Harris,
Hansbrough, Hardy, Harnsberger, Holmes, Hurst, Jackson, Jones, Joynes, Kellam, Ken-
drick, Kilby, Lee, Lewis, Long, Mann, Marshall, Martin, Magill, Merritt, Miller, Moore,
Morgan, Morris, Mosby, Newberry, Owen, Pate, Patterson, Peed, Pendleton, Powell,
Purdy, Riggs, Rixey, Robertson, Scott, Seawell, Smith, Stearns, Strayer, J. McDowell
Taylor, Teeter, Townes, Trout, Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz,
Wood, Woodson, Wooldridge and Word—80.
Ordered, That Mr. Grattan carry the joint resolution to the senate,
and request their concurrence.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had passed the follow¬
ing resolution:
Resolved, That (with the consent of the house of delegates) a
committee of conference be appointed, consisting of five members on
the part of the senate, and nine members on the part of the house,
to consider the subjects embraced in house bill providing for the ad¬
justment of liabilities arising under contracts and wills made between
the 1st day of January 1862 and the 10th day of April 1865, No. 272.
The resolution was agreed to.
Ordered, That Mr. Joynes inform the senate of the action of the
house of delegates.
The Speaker appointed the following members as the committee of
conference, on the part of the house of delegates, on house bill No.
272: Messrs. Joynes, Wilson, Grattan, Woodson, Watkins, Baylor,
Teeter, Garnett and Smith.
No. 285, An engrossed bill to amend the 1st and 6th sections of
chapter 160 of the Code of 1860, relating to the court of appeals, to
repeal other sections of said chapter, and making provisions concern¬
ing the organization, jurisdiction and proceedings of said court, was
read a third time and passed—ayes 74; noes 5.
The vote was recorded as follows:
Ayes Messrs Baldwin (speaker), Atkinson, Baylor, Bekem, Booker, Bowles, Brax¬
ton Cabell A. J. Clark, W. T. Clark, Daniel, Davis, Davidson, Deskins, Dunnington,
Evans Fields Garrett, Glendy, Graham, Grattan, Hancock, Harris, Hansbrough, Hardy,
Harnsbero-er Hurst, Jones, Joynes, Kellam, Kendrick, Kilby, Langhorne, Lee, Lewis,
Loucr Mann' Marshall, Martin, Magill, Merritt, Moore, Morgan, Morris, Mosby, New¬
berry Owen 'Pate, Patterson, Peed, Pendleton, Powell, Purdy, Riggs, Rixey, Robertson,
450
JOURNAL OF THE HOUSE OF DELEGATES.
Scott, Seawell, Smith, Stearns, Strayer, J. McDowell Taylor, Teeter, Townes, Trout, Z.
Turner, Waddell, Wall, Watkins, White, Wilson, Wood, Woodson and Wooldridge—74.
Noes—Messrs. Bently, Browning, Graves, Holmes and Word—5.
Ordered, That Mr. Joynes carry the hill to the senate, and request
their concurrence.
A message was received from the senate by Mr. Trout, who in¬
formed the house of delegates that the senate had passed a hill enti¬
tled an act to encourage immigration and protect immigrant labor,
No. 174.
The bill was taken up, and read the first and second times.
On motion of Mr. Atkinson, Rule No. (requiring a reference
of the bill to a committee) was suspended, and the bill read a third
time and passed.
No. 301, An engrossed bill imposing a tax on oysters, came up.
Mr. Braxton moved that the bill be passed by; which was rejected.
The bill was read a third time and passed—ayes 62; noes 22.
The vote was recorded as follows:
Ayes—Messrs. Atkinson, Bekem, Booker, Bowles, Browning, Cabell, A. J. Clark, W.
T. Clark, Daniel, Davis, Davison, Davidson, Deskins, Dickenson, Evans, Garrett, Glendy,
Graham, Grattan, Graves, Hancock, Harris, Hardy, Harnsherger, Herndon, Jackson,
Jones, Kilby, Lee, Long, Mann, Marshall, Magill, Merritt, Miller, Moore, Morgan, Mosby,
Newberry, Owen, Parsons, Pate, Patterson, Riggs, Rixey, Stearns, Strayer, J. McDowell
Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Watkins,
White, Wilson, Woltz, Wood, Woodson and Word—62.
Noes—Messrs. Baldwin (speaker), Braxton, Dunnington, Fields, Garnett, Hansbrough,
Holmes, Hurst, Joynes, Kellam, Langhorne, Lewis, Martin, Morris, Pendleton, Powell,
Purdy, Robertson, Scott, Seawell, Smith and Wall—22.
Ordered, That Mr. Gfrattan carry the bill to the senate, and request
their concurrence.
A message was received from the senate by Mr. Lemosy, who in¬
formed thes house of delegates that the senate had passed house hill
entitled an act appropriating the public revenue for the fiscal year
1865-6, No. 298.
A message was received from the senate by Mr. Gray, who informed
the house of delegates that the senate had passed resolution (of the
house) in relation to the election of a superintendent of public print¬
ing, and a resolution (of the house) in relation to the appointment of
commissioners to proceed to West Yirginia.
A message was received from the senate by Mr. Boiling, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act incorporating the stockholders of the Richmond and Pe¬
tersburg railroad connection company, No. 173; in which they respect¬
fully requested the concurrence of the house of delegates.
The bill was read the first and second times, and referred to the
committee of roads and internal navigation.
Subsequently, the bill was reported from the committee, and placed
on the calendar.
The Speaker laid before the house of delegates, as requiring imme¬
diate attention, joint resolution sending books to South Carolina (re¬
ported from the committee for courts of justice); which was read the
first time.
JOURNAL OF THE HOUSE OF DELEGATES.
451
On motion of Mr. Woodson, Rule No. was suspended (two-thirds
of the members elect concurring), and the joint resolution was read a
second time, and ordered to be engrossed to be read a third time.
No. 269, A bill authorizing the governor to hire out able-bodied
male convicts in the penitentiary to work in coal pits, was read a
second time, and ordered to be engrossed to be read a third time.
No. 271, A bill to amend and re-enact the 5th section of chapter
118 of the Code, was read a second time, and ordered to be engrossed
to be read a third time.
No. 276, A bill to amend and re-enact the 20th section, chapter
199 of the Code of 1860, in regard to witnesses in prosecutions for
unlawful gaming, was read a second time, and ordered to be engrossed
to be read a third time.
No. 286, A bill to amend and re-enact the 43d section of chapter
172 of the Code of 1860, was read a second time, and ordered to be
engrossed to be read a third time.
The bill being forthwith engrossed (two-thirds of the members
elect concurring), was read a third time and passed.
Ordered, That Mr. Evans carry the bill to the senate, and request
their concurrence.
No. 287, A bill to amend and re-enact an act passed January 31,
1862, changing the manner of examining polls and certifying elections
for certain officers of the commonwealth, was read a second time, and
ordered to be engrossed to be read a third time.
The hour of one o'clock having arrived, the house proceeded to the
execution of the joint order, which has for its object the election of a
superintendent of public printing.
A message was received from the senate by Mr. Trout, who in¬
formed the house of delegates that the senate was ready on its part
to proceed to the execution of the joint order of the day.
Mr. Wall nominated John J. Palmer.
Mr. Herndon nominated William Macfarlane.
Mr. Lee nominated R. F. Walker.
Mr. Word nominated William A. R. Nye.
Ordered, That Mr. Word inform the senate that the above named
gentlemen were in nomination before the house of delegates.
The Speaker appointed the following members of the house of
delegates to count and report the joint vote: Messrs. Waddell, Long
and Woltz.
The roll was called, with the following result:
For John J. Palmer, - - - 60
, William Macfarlane, - - - 11
R. F. Walker, 11
William A. R. Nye, - - - .6
The vote was recorded as follows:
For Mr Palmer—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bently,
Browning 'Cabell, A. J. Clark, Daniel, Davis, Davison, Davidson, Deskins, Dunnington,
Garrett Glendy, Graves, Gray, Hancock, Hansbrough, Holmes, Jackson, Jones, Joynes,
Kellam' Kendrick, Kilby, Long, Mann, Marshall, Martin, Magill, Merritt, Moore, New-
452
JOURNAL OF THE HOUSE OF DELEGATES.
berry, Pate, Patterson, Peed, Pendleton, Powell, Purdy, Riggs, Rixey, Robertson, Scott,
Seawell, Smith, Straughan, Strayer, Teeter, Townes, Trout, W. A. Turner, Z. Turner,
Wall, Watkins, White, Wilson, Woltz and Wood—60.
For Mr. Macfarlane—Messrs. Bowles, Evans, Graham, Grattan, Harnsberger, Herndon,
Miller, Owen, J. McDowell Taylor, Thompson and Wooldridge—11.
For Mr. Walker—Messrs. Booker, Braxton, W. T. Clark, Garnett, Hurst, Langhorne,
Lee, Lewis, Moshy, Parsons and Stearns—11.
For Mr. Nye—Messrs. Fields, Harris, Morgan, W. F. B. Taylor, Woodson and Word—6.
The committee subsequently, through their chairman, reported as
follows:
Whole number of votes cast, - - 111
Necessary to a choice, - 56
John J. Palmer received 67
William A. R. Nye " 9
William Macfarlane " 13
R. F. Walker " 22
The Speaker declared John J. Palmer duly elected superintendent
of public printing.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate was ready on its part to pro¬
ceed to the execution of the joint order of the day, which has for its
object1 the election of three commissioners to proceed to West Vir¬
ginia, &c.
Ordered, That Mr. Garnett inform the senate that the house of
delegates was ready on its part to execute the joint order of the
day.
Mr. Woodson offered the following resolution:
Resolved (with the consent of the senate), That the general assem¬
bly, in electing commissioners to proceed to West Virginia, will vote
for the three commissioners on the same ballot; which was rejected.
Mr. Z. Turner moved that the chair be vacated until seven o'clock
P. M.; which was rejected. v
Mr. Lee moved that the chair be vacated for one hour; which was
agreed to.
The Speaker called the house to order at ten minutes to four
o'clock P. M.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate had passed the follow¬
ing resolution:
Resolved, That (the house of delegates concurring) the senate will,
in the election of commissioners to visit West Virginia, &c., first elect
a commissioner resident of the south side of James river; second,
resident of that portion of the state east of the Blue Ridge; and
thirdly, of that portion of the state west of the Blue Ridge.
Mr. Straughan moved to amend the resolution of the senate by
striking out all of the same after the word " elect," and inserting in
lieu thereof the following: " One commissioner from Tide-water dis¬
trict; one from Piedmont district, and one from west of Blue Ridge;"
which was rejected.
The resolution of the senate was agreed to.
Ordered, That Mr. Garrett inform the senate that the house was
JOURNAL OF THE HOUSE OF DELEGATES.
453
ready on its part to proceed to the election of a commissioner resi¬
dent of the sonth side of James river.
Mr. Hurst nominated John S. Millson of Norfolk city.
Mr. Mosby nominated James F. Johnson of Bedford county.
Mr. A. J. Clark nominated F. B. Deane, jr. of Lynchburg.
Mr. Booker nominated William Martin of Henry county.
A message was received from the senate by Mr. Robinson, who in¬
formed the house of delegates that the senate was ready on its part
to proceed to the election of a commissioner for the south side of
James river.
The Speaker appointed the following members to count and report
the joint vote: Messrs. Evans, Dunnington and Grlendy.
The roll was called, with the following result:
For William Martin, 29
James F. Johnson, 23
John S. Millson, 18
F. B. Deane, jr. - 12
William Daniel, f - - - 1
The vote was recorded as follows:
For Mr. Martin—Messrs. Booker, Braxton, W? T. Clark, Davis, Davison, Garnett,
Garrett, Hansbrough, Harnsberger, Herndon, Jones, Joynes, Kendrick, Lee, Long, Mar¬
shall, Moore, Owen, Parsons, Scott, Seawell, Smith, Stearns, W. F. B. Taylor, Teeter,
Thompson, Townes, Z. Turner and Wall—29.
For Mr. Johnson—Messrs. Atkinson, Bekem, Browning, Davidson, Dickenson, Evans,
Grattan, Hancock, Holmes, Merritt, Mosby, Newberry, Pate, Patterson, Pendleton,
Powell, Trout, Watkins, White, Woltz, Wood, Wooldridge and Word—23.
For Mr. Millson—Messrs. Baylor, Daniel, Deskins, Fields, Glendy, Graham, Hardy,
Hurst, Langhorne, Lewis, Mann, Martin, Morgan, Morris, Robertson, Straughan, J.
McDowell Taylor and Woodson—18.
For Mr. Deane—Messrs. Baldwin (speaker), Bently, Bowles, A. J. Clark, Dunnington,
Gray, Jackson, Magill, Miller, Purdy, Strayer, W. A. Turner and Wilson—12.
For Mr. Daniel—Mr. Graves—1.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, - - 106
Necessary to a choice, - 54
William Martin received - - 49
James F. Johnson " 24
John S. Millson " 18
F. B. Deane, jr. " 14
William Daniel, 1
Consequently, there was no election.
The name of F. B. Deane, jr. was dropped under the rule.
Ordered, That Mr. Garrett inform the senate that the house of
delegates was ready to proceed to another ballot.
A message was received from the senate, which informed the house
of delegates that the senate was ready to proceed to another ballot,
and that the name of F. B. Deane, jr. had been dropped.
The roll was called, with the following result: ,
For William Martin, - - • 35
James F. Johnson, 40
.John S. Millson, - - - 11
454
JOURNAL OF THE HOUSE OF DELEGATES.
The vote was recorded as follows:
For Mr. Martin—Messrs. Bently, Booker, Braxton, W. T. Clark, Davis, Davison, Gar-
nett, Garrett, Graham, Gray, Hansbrough, Harnsberger, Herndon, Jones, Joynes, Ken-
drick, Lee, Long, Marshall, Martin, Moore, Owen, Parsons, Robertson, Scott, Seawell,
Smith, W. F. B. Taylor, Teeter, Thompson, Townes, W. A. Turner, Z. Turner, Wall and
Wood—35.
For Mr. Johnson—Messrs. Baldwin (speaker), Atkinson, Baylor, Bekem, Bowles,
Browning, A. J. Clark, Davidson, Deskins, Dickenson, Dunnington, Evans, Glendy, Grat-
tan, Graves, Hancock, Holmes, Jackson, Magill, Merritt, Miller, Morgan, Moshy, New¬
berry, Pate, Patterson, Peed, Pendleton, Powell, Riggs, Stearns, Strayer, J. McDowell
Taylor, Trout, Watkins, White, Wilson, Woltz, Wooldridge and Word—40.
For Mr. Millson—Messrs. Daniel, Fields, Hardy, Hurst, Langhorne, Lewis, Mann,
Morris, Purdy, Straughan and Woodson—11.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, - - 114
Necessary to a choice, - 58
William Martin received - 58
James F. Johnson " 41
John S. Milson " - - 15
The Speaker declared William Martin duly elected commissioner
for the south side district.
Ordered, That Mr. Bentfy inform the senate that the house of
delegates is ready on its part to proceed to the election of a commis¬
sioner of the north side of James river.
Mr. Grattan nominated John Janney of Loudoun.
Mr. Woodson nominated Thomas S. Haymond of Bichmond city.
Mr. Wood nominated Alexander Bives of Albemarle.
Mr. Jones nominated B. B. Douglas of King William county.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate was ready on its part to elect
a commissioner of the north side of James river, and that Messrs.
B. B. Douglas and Alexander Bives were in nomination in the senate.
The roll was called, with the following result:
For John Janney, 35
Thomas S. Haymond, 20
B. B. Douglas, 11
Alexander Bives, 14
The vote was recorded as follows:
For Mr. Janney—Messrs. Baldwin (speaker), Baylor, Bekem, Bently, A. J. Clark,
Davison, Deskins, Dunnington, Glendy, Grattan, Graves, Gray, Hardy, Harnsberger,
Holmes, Jackson, Joynes, Long, Marshall, Magill, Merritt, Owen, Pate, Powell, Purdy,
Rixey, Robertson, Strayer, J. McDowell Taylor, Thompson, Townes, Z. Turner, Wall,
Wilson and Wooldridge—35.
For Mr. Haymond—Messrs. Atkinson, Booker, Browning, Daniel, Dickenson, Evans,
Hancock, Hansbrough, Kendrick, Lee, Miller, Morgan, Newberry, Patterson, Pendleton,
Teeter, Watkins, Woltz, Woodson and Word—20.
For Mr. Douglas—Messrs. Braxton, Garnett, Garrett, Herndon, Jones, Langhorne,
Martin, Seawell, Smith, Straughan and White—11.
For Mr. Rives—Messrs. Bowles, W. T. Clark, Davis, Fields, Lewis, Moore, Morris,
Moshy, Peed, Stearns, W. F. B. Taylor, Trout, W. A. Turner and Wood—14.
The committee subsequently, by their chairman, reported as fol¬
lows:
•JOURNAL OF THE HOUSE OF DELEGATES.
455
Whole number of votes cast, - - 102
Necessary to a choice, - 52
John Janney received 38
Thomas S. Haymond " - 22
B. B. Douglas " 22
Alexander Rives " - - 20
Consequently, there was no election.
The name of Alexander Rives was dropped under the rule.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate was ready on its part to pro¬
ceed to another ballot, and that the name of Alexander Rives had
been dropped.
Ordered, That Mr. Word inform the senate that the house of dele¬
gates was ready on its part to proceed to another ballot, and that the
name of Alexander Rives had been dropped under the rule.
The roll was called, with the following result:
For John Janney, 45
Thomas S. Haymond, 18
B. B. Douglas, 16
The vote was recorded as follows:
For Mr. Janney—Messrs. Baldwin (speaker), Baylor, Bekem, Bently, Cabell, A. J.
Clark, Davis, Davison, Deskins, Dunnington, Glendy, Graham, Grattan, Gray, Harris,
Hardy, Harnsberger, Holmes, Jackson, Long, Marshall, Magill, Merritt, Miller, Moore,
Owen, Pate, Peed, Powell, Purdy, Itixey, Robertson, Stearns, J. McDowell Taylor, W. F.
B. Taylor, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Wall, Wilson, Woltz,
Wood and Wooldridge—45.
For Mr. Haymond—Messrs. Atkinson, Booker, Browning, Daniel, Dickenson, Evans,
Hancock, Hansbrough, Kendrick, Lee, Lewis, Mann, Morgan, Newberry, Patterson,
Pendleton, Teeter, Woodson and Word—18.
For Mr. Douglas—Messrs. Bowles, Braxton, W. T. Clark, Fields, Garnett, Garrett,
Graves, Herndon,-Jones, Langhorne, Martin, Morris, Seawell, Smith, Straughan and
White—16.
The committee subsequently, by their chairman, reported as fol¬
lows:
Whole number of votes cast, - - 102
Necessary to a choice, - 54
John Janney received - 62
Thomas S. Haymond " - - 19
B. B. Douglas " - - 21 '
The Speaker declared John Janney duly elected a commissioner for
the north side of James river.
Ordered, That Mr. Harnsberger inform the senate that the house
was ready on its part to proceed to the election of a commissioner for
west of the Blue Ridge.
A message was received from the senate by Mr. Coleman, who
informed the house of delegates that the senate was ready on its part
to proceed to the election of a commissioner for west of the Blue
Ridge.
Mr. Garnett nominated A. H. H. Stuart of Augusta county.
Ordered, That Mr. A. J. Clark inform the senate that Mr. A. H.
H. Stuart 'is the only person in nomination before the house of dele¬
gates.
456
JOURNAL OF THE HOUSE OF DELEGATES.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that John J. Allen was also in nomi¬
nation in the senate.
The roll was called, with the following result:
For A. H. H. Stuart, 58
John J. Allen, 25
The vote was recorded as follows:
For Mr. Stuart—Messrs. Baldwin (speaker), Baylor, Booker, Braxton, Browning,
Cabell, A. J. Clark, W. T. Clark, Davis, Deskins, Dickenson, Evans, Fields, Garnett,
Garrett, Glendy, Graves, Gray, Harris, Hansbrough, Hardy, Harnsberger, Herndon,
Holmes, Jackson, Jones, Kendrick, Lee, Long, Marshall, Martin, Merritt, Moore,
Morgan, Morrris, Owen, Patterson, Peed, Pendleton, Purdy, Rixey, Robertson, Seawell,
Smith, Straughan, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Townes, Trout,
W. A. Turner, Z. Turner, Wall, White, Wood, Woodson and Wooldridge—58.
For Mr. Allen—Messrs. Atkinson, Bekem, Bowles, Daniel, Davison, Dunnington, Gra¬
ham, Grattan, Hancock, Joynes, Lewis, Mann, Magill, Miller, Newberry, Pate, Powell,
Watkins, Wilson, Woltz and Word—25. »
The committee subsequently, by their chairman, reported as follows:
Whole number of votes cast, 99
Necessary to a choice, 50
A. H. H. Stuart received 74
John J. Allen " - - - 25
The Speaker declared A. H. H. Stuart duly elected a commissioner
for west side of Blue Ridge.
Messrs. Straughan and Davis were added to the committee on en¬
rolled bills.
A message was received from the senate by Mr. Strother, who in¬
formed the house of delegates that the senate had passed a bill enti¬
tled an act for the relief of sheriffs, sergeants, constables and coroners,
No. 176; in which they respectfully requested the concurrence of the
house of delegates.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had passed a bill entitled an
act incorporating the Richmond, Fredericksburg and Potomac and
the Richmond and Petersburg railroad connection company, No. 108;
in which they respectfully requested the concurrence of the house of
delegates.
Bill No. 108 was read the first and second times, and referred to
the committee of roads and internal navigation.
Subsequently, the bill was reported from the committee, and placed
on the calendar.
A message was received from the senate by Mr. Boiling, who in¬
formed the house of delegates that the senate had passed a resolution,
that in the event of any vacancy in the office of commissioner to
visit West Virginia, under a resolution on the restoration of the state
and the adjustment of the public debt, passed the 28th of February
1866, by death, disability or otherwise, the governor be and he is
hereby authorized to fill such vacancy; the said vacancy to be filled
from that section of the state wherein it may occur; in which they
respectfully requested the concurrence of the house of delegates.
JOURNAL OF THE HOUSE OF DELEGATES.
457
No. 308, An engrossed joint resolution in relation to sending books
to the state of South Carolina (reported from the committee for courts
of justice), was (two-thirds of the members elect concurring) read a
third time and passed—ayes 60.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Atkinson, Bekem, Booker, Bowles, Cabell, A. J.
Clark, W. T. Clark, Davis, Davison, Davidson, Deskins, Dunnington,' Evans, Fields, Gar-
nett, Garrett, Glendy, Grattan, Graves, Hancock, Harris, Hansbrough, Hardy, Iierndon,
Holmes, Hurst, Jones, Joynes, Kendrick, Langhorne, Lee, Marshall, Magill, Merritt,
Miller, Moore, Morgan, Newberry, Pate, Patterson, Peed, Pendleton, Purdv, Rixey,
Robertson, Smith, Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Townes, Z.
Turner, Wall, Watkins, White, Wood, Woodson, Wooldridge and Word—60.
Mr. Lewis moved that the house do now adjourn; which was re¬
jected—ayes 32; noes 35.
On motion of Mr. Garnett, the vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Bekem, Cabell, W. T. Clark, Davis, Davison, Da¬
vidson, Dickenson, Fields, Garrett, Glendy, Harnsberger, Hurst, Jones, Lewis, Long,
Mann, Marshall, Magill, Morris, Patterson, Powell, Rixey, Seawell, Straughan, Teeter,
Townes, Wall, Wilson, Woodson, Wooldridge and Word—32.
Noes—Messrs. Atkinson, Baylor, Booker, Bowles, A. J. Clark, Dunnington, Evans,
Garnett, Grattan, Graves, Hancock, Harris, Hansbrough, Hardy, Herndon, Holmes,
Joynes, Kendrick, Langhorne, Lee, Merritt, Miller, Moore, Newberry, Pate, Peed, Purdy,
Robertson, Smith, Strayer, J. McDowell Taylor, W. F, B. Taylor, Z. Turner, Watkins
and White—35.
A message was received from the senate by Mr. Gray, who informed
the house of delegates that the senate had passed a bill entitled an
act incorporating the Nevadaville silver-lead mining company of Vir¬
ginia, No. 172.
The bill was read the first and second times, and referred to the
committee of propositions and grievances.
On motion of Mr. Davis, the house adjourned until to-morrow, ten
o'clock.
SATURDAY, MARCH 3, 1866.
A communication from the senate, by their clerk, was read as fol¬
lows:
In senate, March 2, 1866.
The senate have passed house bills entitled:
An act to authorize the town council of Fredericksburg to fund the
interest due on the public debt of said town, No. 293.
An act amending sections 6 and 14 of chapter 158 of the Code of
1860, concerning the terms of courts, No. 260.
An act declaring the house of W. B. L. Vaughan, in the county
of Pittsylvania, an election precinct, No. 95.
An act changing the place of voting at Big Lick, in the county of
Roanoke, No. 94.
58
453
JOURNAL OF THE HOUSE OF DELEGATES.
An act to incorporate the Virginia insurance, loan and trust com¬
pany, No. 93.
An act for the relief of Joseph Padgett, late constable of Alex¬
andria county, No. 157.
An act in regard to commissioners of the revenue, No. 248.
And they have agreed to the resolution from the house of delegates
in relation to the debt due to the state from Selden, Withers & Co.,
No. 279.
No. 164, A senate bill entitled an act to amend and re-enact the
9th section of the act entitled an act to incorporate the Covington
and Ohio railroad company, passed February 26, 1866, was read the
first and second times, and referred to the committee of roads and
internal navigation.
No. 176, A senate bill entitled an act for the relief of sheriffs,
sergeants, constables and coroners, was read the first and second times,
and referred to the committee for courts of justice.
No. 49, A senate bill entitled an act to promote and encourage
immigration into the state of Virginia, was read the first and second
times, and referred to the committee of propositions and grievances.
No. 153, A senate bill entitled an act for the relief of William E.
Goodwin, late sheriff of Prince William county, reported from the
committee on finance, was placed on the calendar.
The following senate bills, reported from the committee for courts
of justice, were placed on the calendar:
No. 136, A senate bill entitled an act to amend the 24th section of
the 158th chapter of the Code of 1860, changing the times of hold¬
ing the courts in the 16th circuit.
No. 137, A senate bill entitled an act to amend and re-enact the
15;h section of chapter 15 of the Code of Virginia (edition of 1860).
No. 143, A senate bill entitled an act to amend, the 13th, 15th,
16th and 42d sections of chapter 182 of the Code, and to repeal the
11th, 12th, 17th, 18th, 19th and 20th sections of said chapter, in
relation to appeals, writs of error and supersedeas.
No. 146, A senate bill entitled an act to prohibit attachments in
certain cases.
The following report from the committee for courts of justice was
agreed to:
The committee for courts of justice have, according to order, had
under consideration resolutions enquiring into the expediency of
allowing a fee to justices of the peace on warrants tried by them;
also, of allowing the county court of Brunswick to levy on the county
for a sum sufficient to pay the citizens, who have served or may serve
in the freedrnen's court, a compensation for their services, and beg
leave to report, that they deem it inexpedient to legislate on the sub¬
jects embraced in the foregoing resolutions, and respectfully ask to
be relieved from the further consideration of the same.
The following senate bills, reported from the committee of propo¬
sitions and grievances, were placed on the calendar:
No. 156, A senate bill entitled an act to amend the 12th and 13th
JOURNAL OP THE HOUSE OF DELEGATES.
459
sections of chapter 95 of the Code of Virginia (edition of 1860), in
relation to the fees of harbor masters, with a recommendation that it
do not pass.
^ No. 172, A senate hill entitled an act incorporating the Nevada-
ville silver-lead company of Virginia.
No. 161, A senate hill entitled an act to incorporate the Virginia
immigration society.
No. 150, A senate hill entitled an act incorporating the Iron
mountain mining and manufacturing company of Montgomery and
Craig counties, Virginia.
No. 127, A senate bill entitled an act incorporating the Richmond
harmonic association.
No. 145, A senate bill entitled an act to incorporate the American
lead mining company.
No. 154, A senate bill entitled an act to incorporate the Virginia
guano company.
No. 120, A senate bill entitled an act to incorporate the Buffalo
Ridge mining and petroleum company.
No. 141, A senate bill entitled an act to incorporate the Union
manufacturing company of the county of Fluvanna.
The report of the joint sub-committee on the investigation of the
Eastern lunatic asylum, was taken up, and on motion of Mr. Smith,
laid on the table.
No. 94, A senate bill entitled an act to protect the interests of the
commonwealth and other stockholders in railroads between Wejdon
and Baltimore, from reckless and injurious competition, reported from
the committee of roads and internal navigation, was placed on the
calendar.
The morning hour having expired, the house proceeded with busi¬
ness on the calendar.
No. 71, A senate bill entitled an act to facilitate the continuous
transportation of passengers, baggage and tonnage between the Vir¬
ginia and Tennessee, South Side, Norfolk and Petersburg and Orange
and Alexandria railroads, camp up, and on motion of Mr. Grattan,
was passed by.
No. 78, A senate bill entitled an act to regulate express business
over the railroads of Virginia, came up, and on motion of Mr. Grat¬
tan, was passed by.
Senate joint resolution authorizing the sub-committees of the two
houses to visit the Eastern and Western lunatic asylums, &c. during
the recess of the general assembly, was read a third time and passed—
ayes 52; noes 9.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Bekem, Booker, Bowles, Browning, Cabell, A J.
Clark, Daniel, Dunningtou, Evans, Fields, Garnett, Garrett, Grattan, Graves, Hancock,
Harris, Hansbrough, Hardy, Herndon, Holmes, Hurst, Jones, Joynes, Kilby, Lee, Lewis,
Marshall, Martin, Magill, Morris, Newberry, Owen, Pate, Patterson, Peed, Powell, Purdy,
Robertsou, Seawell, Smith, Stearns, Straughan, W. F. B. Taylor, Thompson, W. A. Tur¬
ner, Z. Turner, Wall, Watkins, Wood, Wooldridge andvWord—52.
Noes—Messrs. Deskins, Kendrick, Long, Merritt, Moore, Pendleton, Teeter, Trout and
Wilson—9.
460
JOURNAL OF THE HOUSE OF DELEGATES.
No. 94, A senate bill entitled an act to protect the interests of the
commonwealth and other stockholders in railroads between Weldon
and Baltimore, from reckless and injurious competition, came up.
Mr. Wood moved that the bill be passed by; which was rejected.
The bill was read a third time and passed.
No. 108, A senate bill entitled an act incorporating the Richmond,
Frederickburg and Potomac and the Richmond and Petersburg rail¬
road connection company, was read a third time and passed—ayes 68.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Baylor, Bekera, Booker, Bowles, Cabell, A. J. Clark,
Daniel, Davis, Davison, Deskins, Dickenson, Dunnington, Evans, Fields, Garnett, Garrett,
Glendy, Graham, Grattan, Graves, Harris, Hansbrough, Hardy, Harnsberger, Herndon,
Holmes, Jones, Joynes, Kendrick, Kilby, Lee, Lewis, Marshall, Martin, Magill, Merritt,
Moore, Morgan, Newberry, Owen, Parsons, Pate, Patterson, Peed, Pendleton, Powell,
purdy, Robertson, Seawell, Smith, Stearns, Stranghan, Strayer, J. McDowell Taylor, W.
F. B. Taylor, Teeter, Thompson, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Wat-
kins, Wilson, Woltz, Wood and Word—68.
No. 165, A senate bill entitled an act for the relief of John S.
Harlow, was read a third time and passed—ayes 72.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Baylor, Bekem, Booker, Bowles, Cabell, A. J.
Clark, Daniel, Davis, Davison, Deskins, Dickenson, Evans, Fields, Garnett, Garrett,
Glendy, Graham, Grattan, Graves, Hancock, Harris, Hansbrough, Hardy, Harnsberger,
Herndon, Holmes, Jones, Joynes, Kendrick, Kilby, Lee, Lewis, Long, Mann, Marshall,
Martin, Magill, Merritt, Moore, Morgan, Morris, Newberry, Owen, Parsons, Pate, Pat¬
terson, Pendleton, Powell, Purdy, Robertson, Seawell, Smith, Stearns, Straughan,
Strayer, J. McDowell Taylor, W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W. A.
Turner, Z. Turner, Wall, Watkins, White, Wilson, Woltz, Wood, Woodson and Word—72.
No. 136, A senate bill entitled an act to amend the 24th section
of the 158th chapter of the Code of 1860, changing the times of
holding the courts in the 16th circuit, was read the third time and
passed.
No. 137, A senate bill entitled an act to amend and re-enact the
15th section of chapter 15 of the Code of Virginia (edition of 1860),
was read the third time and passed.
No. 143, A senate bill entitled an act to amend the 13th, 15th,
16th and 42d sections of chapter 182 of the Code, and to repeal the
11th, 12th, 17th, 18th, 19th and 20th sections of said chapter, in
relation to appeals, writs of error and supersedeas, was read a third
time and passed.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had agreed to the report
of the committee of conference on house bill entitled an act providing
for the adjustment of liabilities arising under contracts and wills
made between the 1st day of January 1862, and the 10th day of
April 1865, No. 272.
The bill was taken up; and the question being on agreeing to the
report of the committee of conference,
Mr. Lee moved that the house of delegates disagree to the report
of the committee of conference, and ask for a second committee of
conference.
JOURNAL OF THE HOUSE OF DELEGATES.
461
Mr. Pate moved the pending question; which was ordered.
The motion of Mr. Lee was rejected.
The question recurring on agreeing to the report of the committee
of conference, was put, and decided in the affirmative—ayes 42;
noes 29.
On motion of Mr. Pate, the vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker). Booker, Bowles, Braxton, Cabell, A. J. Clark,
Daniel, Glendy, Graham, Grattan, Graves, Hancock, Harris, Hansbrough, Hardy, Holmes,
Jones, Jovnes, Lewis, Mann, Marshall, Magill, Merritt, Owen, Pate. Pendleton, Powell,
Purdy, Robertson, Smith, Stearns, J. McDowell Taylor, Teeter, Townes, Trout, Z. Tur¬
ner, Waddell, Wall, Watkins, Wilson, Woltz and Wooldridge—42.
Noes—Messrs. Baylor, Bekem, Browning, Davison, Deskins, Dickenson, Dunnington,
Evans, Fields, Garnett, Harnsberger, Herndon, Kendrick, Kilby, Langhorne, Lee, Long,
Martin, Moore, Morris, Newberry, Straughan, Strayer, W. F. B. Taylor, Thompson, W.
A. Turner, White and Wood—29.
No. 156, A senate hill entitled an act to amend the 12th and 13th
sections of chapter 95 of the Code of Virginia (edition of 1860), in
relation to the fees of harbor masters, came up, and on motion of Mr.
Grattan, was passed by.
The following senate bills were read a third time and passed:
No. 144, A senate bill entitled an act to prohibit attachments in
certain cases. *
No. 120, A senate bill entitled an act to incorporate the Buffalo
ridge mining and petroleum company.
No. 154, A senate bill entitled an act to incorporate the Virginia
guano company.
No. 129, A senate bill entitled an act to incorporate the Coal-field
and Tide-water railroad company.
No. 132, A senate bill entitled an act to incorporate the Union
Bank of Richmond.
No. 134, A senate bill entitled an act to incorporate the commer¬
cial savings bank of Richmond.
No. 147, A senate bill entitled an act to amend and re-enact the
25th section of the act passed January 25, 1866, entitled an act to
amend the charter of the city of Alexandria.
No. "172, A senate bill entitled an act incorporating the Nevada-
ville silver-lead company of Virginia.
No. 161, A senate bill entitled an act to incorporate the Virginia
immigration society.
No. 151, A senate bill entitled an act authorizing the Midlothian
coal mining company to construct a railroad to James river from their
coal mines in Chesterfield county.
No. 153, A senate bill entitled an act for the relief of William E.
Goodwin, late sheriff of Prince William county.
No. 141, A senate bill entitled an act to incorporate the Union
manufacturing company of the county of Fluvanna.
No. 158, A senate bill entitled an act to incorporate the Ports¬
mouth city railroad company.
No. 150, A senate bill entitled an act incorporating the Iron moun¬
tain mining and manufacturing company of Montgomery and Craig
counties, Virginia.
462
JOURNAL OF THE HOUSE OF DELEGATES,
No. 145, A senate bill entitled an act to incorporate the American
lead mining company.
No. 127, A senate bill entitled an act incorporating the Richmond
harmonic association.
No. 152, A senate bill entitled an act to revise and amend the
charter of the Glendower mining company.
No. 160, A senate bill entitled an act incorporating the Christians-
burg savings institution.
The following engrossed bills were read the third time and passed:
No. 269, A bill authorizing the governor to hire out able-bodied
male convicts in the penitentiary to work in coal pits—ayes 53;
noes 2.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Baylor, Booker, Bowles, Browning, Cabell, A. J.
Clark, Daniel, Davis, Deskins, Dunnington, Evans, Fields, Garnett, Glendy, Grattan, Han¬
cock, Harris, Hansbrough, Hardy, Herndon, Jones, Kilby, Lee, Lewis, Long, Mann,
Marshall, Martin, Magill, Miller, Moore, Morgan, Morris, Owen, Pate, Pendleton, Powell,
Robertson, Stearns, Strayer, Teeter, Thompson, Trout, W. A. Turner, Z. Turner, Wad-
dell, Wall, Watkins, White, Wilson, Wood and Word—53.
Noes—Messrs. Joynes and Straughan—2.
No. 271, A bill, to amend and re-enact the 5th section of chapter
118 of the Code.
No. 275, A bill to amend and re-enact the 41st section of chapter
171 of the Code of Virginia.
No. 276, A bill to amend and re-enact, the 20th section of chapter
199 of the Code of 1860, in regard to witnesses in prosecutions for
unlawful gaming.
No. 287, A bill to amend and re-enact an act passed January 31st,
1862, changing the manner of examining polls and certifying elec¬
tions for certain officers of the commonwealth—ayes 58.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Baylor, Booker, Bowles, Browning, Cabell, A. J.
Clark, Daniel, Davis, Deskins, Dunnington, Fields, Garrett, Graham, Grattan, Graves,
Hancock, Harris, Hardy, Holmes, J ones, Joynes, Kellam, Kendrick, Langhorne, Lee,
Lewis, Long, Mann, Marshall, Martin, Magill, Miller, Moore, Morris, Owen, Pate, Peed,
Pendleton, Powell, Purdy, Robertson, Stearns, Straughan, Strayer, J. McDowell Taylor,
W. F. B. Taylor, Teeter, Thompson, Townes, Trout, W. A. Turner, Z. Turner, Wall,
Watkins, Wilson, Wood and Word—58.
Ordered, That Mr. Straughan carry bills Nos. 269, 271, 275, 276
and 287 to the senate, and request their concurrence.
The Speaker laid* before the house the following senate bills,
which (Rule 44, requiring a reference of bills to a committee, being
suspended) were read a first, second and third times and passed:
No. 177, A senate bill entitled an act to provide for heating the
capitol building by hot water apparatus—-ayes 52; noes 14.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Bekem, Booker, Bowles, Browning, Cabell, A. J
Clark, Daniel, Davis, Evans, Fields, Glendy, Graham, Grattan, Graves, Hancock, Harris
Hansbrough, Harnsberger, Holmes, Jones, Joynes, Kilby, Langhorne, Lee, Lewis, Mann
Marshall, Magill, Miller, Morris, Newberry, Owen, Patterson, Peed, Pendleton, Purdy
Robertson. Seawell, Smith, Straughan, Strayer, Townes, Trout, W. A. Turner, Z. Turner
Wall, Watkins, Wilson, Wood,Wooldridge and Word—52.
JOURNAL OF THE HOUSE OF DELEGATES.
463
Noes—Messrs. Deskins, Dunnington, Garnetl, Hardy, Herndon, Kendrick, Long, Mar¬
tin, Moore, Morgan, Pate, Stearns, Teeter and White—14.
No. 49, A senate bill entitled an act to promote and encourage
immigration into the state of Virginia.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had passed house bills,
entitled an act to amend the 1st and 6th sections of chapter 160 of
the Code of 1860, relating to the court of appeals, to repeal other
sections of said chapter, and making provisions concerning the organi¬
zation, jurisdiction and proceedings of said court, No. 285; and an
act to amend and re-enact the 43d section of chapter 172 of the Code
of 1860, No. 286.
No. 173, A senate bill entitled an act incorporating the stockholders
of the Richmond and Petersburg railroad connection company, was
read a second time.
On motion of Mr. Graham, the bill was amended by striking out
all after the word "law," in the 4th line, down to "provided," in
the 7th line, and inserting the following: "provided, that for trans¬
porting passengers over the said connecting road, it shall be lawful to
charge a toll of not more than fifty cents for each passenger over said
road; and for transporting goods, produce, merchandise and other
articles over the said road, an average rate of tolls of not more than
five cents per mile for each hundred pounds so carried over the said
road: provided, that the rates of toll authorized by this section shall
not apply to freight or passengers transported only between the cities
of Richmond and Petersburg: and provided further, that whenever
the net profits accruing from transportation over the said connection
shall be such that, but for this section, dividends might be declared
out of the profits, exceeding fifteen per centum per annum on the
capital stock invested, after payment of all necessary expenses, and
after setting apart a fair and reasonable sum for repairs of said com¬
pany's roadway and other structures, then the said rates of toll shall
be reduced by the said company, so as to enable them to divide fifteen
per centum per annum;" which was agreed to.
Mr. Evans moved to amend the bill by adding, as an independent
section, the following:
" Be it further enacted, That the Petersburg railroad company and
the Richmond and Petersburg railroad company, shall each be autho¬
rized to purchase and hold stock in the company hereby incorporated,
not exceeding in amount one-third of the whole amount of the stock
of the said company; and that either of the said railroad companies,
separately, or both of them jointly, may at any time, not less than
eleven years from the passage of this act, purchase the whole, or any
part of the work constructed by authority of this act; at^the valuation
thereof: and upon the tender, in legal currency of the United States,
of such valuation to the company chartered by this act, all the rights,
title and franchises of said company shall pass to the company or com¬
panies so tendering.
Mr. Strayer moved the pending question; which was ordered.
464
JOURNAL OF THE HOUSE OF DELEGATES.
The amendment of Mr. Evans was agreed to.
The bill was read a third time and passed—ayes 55; noes 13.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Baylor, Bekem, Booker, Cabell, A. J. Clark, Davi¬
son, Deskins, Glendy, Graham, Graves, Harris, Hansbrough, Hardy, Harnsberger, Hern-
don, Holmes, Jones, Kellam, Kendrick, Kilby, Langhorne, Lee, Lewis, Long, Mann,
Marshall, Martin, Magill, Morris, Newberry, Owen, Parsons, Pate, Patterson, Peed,
Powelly Purdy, Seawell, Smith, Stearns, Strayer, W. F. B. Taylor, Teeter, Thompson,
Townes, Trout, Z. Turner, Waddell, Wall, Watkins, White, Wilson, Woltz and Wood¬
son—55.
Noes—Messrs. Daniel, Davis, Dunnington, Evans, Garnett, Grattan, Hancock, Joynes,
Merritt, Robertson, J. McDowell Taylor, W. A. Turner and Wood—13.
Ordered, That Mr. Joynes carry the bill to the senate, and request
their concurrence.
No. 168, A senate bill entitled an act to authorize the increase of
the capital stock of the Richmond and Danville railroad company, was
read a second time.
The amendment proposed by the committee of roads and internal
navigation was agreed to, as follows:
Strike out all in last line of 1st section, commencing with the words
"regulating, &c.," and insert the following: "and limitations ashy
law regulate the vote of the state in railroad companies/'
The bill was read a third time and passed—ayes 67.
The vote was recorded as follows:
Ayes—Messrs. Baldwin (speaker), Baylor, Bekem, Booker, Bowles, Browning, Cabell,
A. J. Clark, Daniel, Davis, Davison, Deskins, Dunnington, Evans, Garnett, Glendy, Gra¬
ham, Graves, Hanco.ck, Harris, Hansbrough, Hardy, Harnsberger, Herndon, Holmes,
Jones, Kendrick, Kilby, Langhorne, Lee, Lewis, Mann, Marshall, Martin, Magill, Merritt,
Miller, Morgan, Morris, Newberry, Owen, Parsons, Pate, Peed, Powell, Purdy, Robert¬
son, Smith, Stearns, Straughan, Strayer. J. McDowell Taylor, W. F. B. Taylor, Teeter,
Thompson, Townes, Trout, W. A. Turner, Z. Turner, Waddell, Wall, Watkins, White,
Wilson, Wood, Wooldridge and Word—67.
Ordered, That Mr. A. J. Clark carry the bill to the senate, and
request their concurrence.
The Speaker laid before the house, as requiring immediate atten¬
tion,
No. 176, A senate bill entitled an act for the relief of sheriffs,
sergeants, constables and coroners; which was read a third time; and
the question being—Shall the bill pass? was put, and decided in the
negative.
Mr. Watkins moved a reconsideration of the vote by which the
bill was rejected; which was agreed to.
The question recurring on the passage of the bill, was put, and
decided in the affirmative.
The Speaker laid before the house, as requiring immediate atten¬
tion,
Np. 164, A senate bill entitled an act to amend and re-enact the
9th section of the act entitled an act to incorporate the Covington
and Ohio railroad company, passed February 26, 1866.
Rule No. 44 (which requires a reference of the bill to a committee)
was suspended, and the bill, on motion of Mr. Z. Turner, was laid
on the table.
JOURNAL OF THE HOUSE OF DELEGATES.
465
A message was received from the senate by Mr. Lee, who informed
the house of delegates that the senate had passed house bill imposing
a tax on oysters, No. 301, with an amendment; in which they respect¬
fully requested the concurrence of the house of delegates.
The Speaker laid the bill before the house of delegates, as requiring
immediate attention.
Rule No. 44 (which requires a reference of the bill to a commit¬
tee) was suspended, and the amendment proposed by the senate was
agreed to as follows:
Strike out all of the 1st section, after the word " that," in the
first line thereof.
Mr. Watkins offered the following resolution, which was unani¬
mously agreed to:
Resolved, That the thanks of the members of this house are due,
and are tendered to Mr. Speaker Baldwin, for the dignity, impar¬
tiality and marked ability with which he has presided over the
deliberations of the house of delegates during the present session.
The Speaker responded to the above resolution.
Mr. Garnett offered the following resolution, which was unani¬
mously agreed to:
Resolved, That J. Bell Bigger, clerk of the house of delegates, has
fully redeemed all the pledges made by his friends in recommending
him for election; and that the house is not only satisfied with his ef-
ficency as a clerk, but return him its thanks for his uniform kindness
and courtesy to the members individually.
Mr. Joynes offered the following resolution, which was unanimously
agreed to:
Resolved, That the Speaker be requested to write out his remarks
for publication.
On motion of Mr. Joynes, the chair was vacated until half past
three o'clock P. M.
AFTERNOON SESSION.
A message was received from the senate by Mr. Gilmer, who in¬
formed the house of delegates that the senate had passed house bill
entitled an act authorizing the governor to hire out able-bodied male
convicts in the penitentiary to work in the coal pits, No. 269; and
house joint resolution in relation to sending books to the state of
South Carolina, No. 308.
Mr. Lewis offered the following resolution, which was unanimously
agreed to: .
Resolved, That 5,000 copies of Speaker Baldwin s valedictory ad¬
dress be printed, and 50 copies forwarded to each member of the house
of delegates for distribution.
Mr. Robertson offered the following resolution, which was unani¬
mously agreed to:
59
466 JOURNAL OF THE HOUSE OF DELEGATES.
Resolved, That the sergeant-at-arms, doorkeepers and pages have
each and all discharged, with credit and entire satisfaction, their re¬
spective duties, and the thanks of the house are respectfully tendered
to them.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate had agreed to the amendment
proposed by the house of delegates to senate bill entitled an act to
authorize the increase of the capital stock of the Richmond and Dan¬
ville railroad company, No. 168.
A message was received from the senate by Mr. Boiling, who in¬
formed the house of delegates that the senate had agreed to the
amendments proposed by the house of delegates to senate bill enti¬
tled an act incorporating the stockholders of the Richmond and Pe¬
tersburg railroad connection company, No. 173.
Ordered, That Mr. Garnett inform the senate that the house of
delegates is ready on its part to adjourn sine die.
A message was received from the senate by Mr. Keen, who informed
the house of delegates that the senate is now ready to adjourn to the
first Monday in December next.
The following acts and joint resolutions were reported as having
been signed by the Speaker of the house of delegates:
An act to amend the 3d article of the constitution of Virginia.
An act to repeal the 2d section of an act passed on the 13th day of
May 1862, entitled an act giving the consent of the legislature of Vir¬
ginia to the formation and erection of a new state within the juris¬
diction of this state, &c.
An act to amend and re-enact an act to incorporate the Southern
express company, passed March 22d, 1861, and to incorporate the
National express and transportation company.
An act to incorporate the Petersburg iron works.
An act providing for the repeal of the act of May 15, 1862, pre¬
scribing an oath in certain cases.
An act for the relief of Blake B. Woodson, clerk of circuit court
of Cumberland county.
An act in relation to the Richmond and Petersburg railroad com¬
pany.
An act to increase the capital stock of the Richmond, Fredericks¬
burg and Potomac railroad company.
An act to authorize the Virginia Central railroad company to bor¬
row money.
An act for the relief of J. 0. Pollard, clerk of the circuit court of
King William county.
An act to ratify and confirm an ordinance of the state of North
Carolina entitled an ordinance to incorporate the Piedmont railroad
company, passed February 8th, 1862.
An act to amend and re-enact the 13th and 14th sections of chapter
14 of the Code of Virginia of 1860.
An act to amend and re-enact the 1st section of an act entitled an
act to incorporate Tanner's creek draw bridge company, and for other
purposes, passed February 7, 1865.
JOUBNAL OF THE HOUSE OF DELEGATES.
467
An act to amend axaL re-enact the act entitled an act amending the
charter of the town ormDanville, passed March 4, 1854, and incorpo¬
rating into one all acts amendatory thereof.
An act incorporating the Lynchburg mining and manufacturing
company in the counties of Campbell, Amherst and Bedford.
An act authorizing the auditor of public accounts to pay claims of
public officers in certain cases.
An act for the relief of Walter Powrell, late sheriff of Fairfax
county.
An act to incorporate the Virginia insurance company.
An act to provide for the liabilities of the lunatic asylum at Staun¬
ton, incurred prior to the 1st day of July 1865.
An act amending the 1st and 12th sections of an act passed March
29, 1861, entitled an act incorporating the Rockbridge insurance
company.
An act for the relief of Henry Stephenson of Frederick county.
An act to incorporate the Snowville woollen manufacturing com¬
pany of the county of Pulaski.
An act to authorize a change in the location of a part of the Floyd
courthouse and Christiansburg road.
An act to incorporate the Virginia state insurance company.
An act to incorporate the Belvidere manufacturing company.
An act to authorize the county court of Fauquier to borrow money
for county purposes.
An act to amend the charter of the Midlothian coal mining com¬
pany, and to extend the duration of the same.
An act to incorporate the Catawba coal and iron company.
An act establishing the name of the Western lunatic asylum.
An act to repeal section 8, and to amend and re-enacfc section 9 of
chapter 85 of the Code of Virginia, so far as the Western lunatic
asylum is concerned, so as to give to the directors power to dispense
with the office of treasurer, and to direct the funds of said asylum to
be kept in one of the banks of Staunton, or some other place of safe¬
keeping.
An act to incorporate the Virginia porcelain and earthenware com¬
pany in the county of Augusta.
An act to amend the 8th section of an act entitled an act to amend
and re-enact an act to incorporate the Southern express company,
passed March 22d, 1861, and to incorporate the National express and
transporation company, passed December 12th, 1865.
An act to incorporate the Norfolk and St. Nazaire steam navigation
company.
An act staying the collection of debts for a limited period.
An act authorizing the collection of public arms.
An act authorizing the overseers of the poor of the county of New
Kent to sell wTood on the poor house land for other purposes than the
maintenance of the poor.
An act to authorize the governor of the commonwealth to pur¬
chase arms, accoutrements and ammunition for the use of the public
guard at the penitentiary.
453
JOURNAL OF THE HOUSE OF DELEGATES.
An act to amend tlie 2d section of the act missed December 19th,
1335, staying the collection of debts for a limiTed period.
An act for the compensation of John H. Allen.
An act to authorize the York river railroad company to borrow
money.
An act to authorize the county court of Smyth county to borrow
a sum of money.
An act authorizing the county court of Lee county to authorize
William R. Graham of said county to construct a dam across Pow¬
ell's river.
An act to amend the charter of the fire insurance company of
Alexandria.
An act to incorporate the Chesterfield gas coal mining company.
An act relating to the Manchester cotton and wool manufacturing
company, and extending the duration of the charter of the same.
An act to authorize the Richmond and Danville railroad company
to borrow money.
An act to incorporate the Norfolk city railroad company.
An act prohibiting further entry of waste and unappropriated
lands, or any grant of such.
An act to amend the charter of the Virginia fire and marine insu¬
rance company.
An act authorizing the trustees of the town of Manchester to con¬
struct a bridge across James river at Richmond.
An act to authorize the Richmond and Danville railroad company
to secure certain liabilities to be incurred by the Piedmont railroad
company.
An act releasing the state's interest in the Fredericksburg and Gor-
donsville railroad on certain conditions.
An act to provide for the erection and maintenance of jails.
An act to repeal certain sections of the Code, concerning the elec¬
tion of judges.
An act to amend and re-enact the 14th section of chapter 130 of the
Code of 1860.
An act to amend and re-enact section 3 of chapter 3 of the Code.
An act to authorize the Mechanicsville turnpike company to borrow
money.
An act for the relief of the estate of William Mitchell, jr., deceased.
An act providing for the punishment of vagrants.
An act in relation to circuit courts for corporations.
An act to authorize the circuit court of Halifax county to rehear
the case of Spragins vs. Spragins.
An act to authorize William H. Parker and others, to obtain a grant
for certain land.
An act to authorize the county court of Washington county to bor¬
row a sum of money.
An act to authorize the county court of Washington county to sell
the stock owned by said county in the Virginia and Tennessee railroad
company.
JOURNAL OF THE HOUSE OF DELEGATES.
469
An act to authorize the county courts to borrow money.
An act authorizing the South Side railroad to borrow money.
An act to incorporate the Richmond home insurance company.
An act changing the place of voting in Wythe county.
An act to amend and re-enact the 19th section of chapter 14 of the
Code.
An act amending section 46 of chapter 85 of the Code, concerning
expenses of conveying lunatics, &c.
An act to authorize the Virginia and Tennessee railroad company
to borrow money.
An act to incorporate the Southern accident insurance company.
An act to incorporate the Atlantic dock and iron company.
An act amending section 33 of chapter 184 of the Code, Concerning
officers' fees for taking care of criminals.
An act declaring the house of Captain R. D. Seaman in Nelson
county an election precinct.
An act to provide for the recruiting of the public guard.
An act amending and re-enacting section 5 of chapter 157 of the
Code of Virginia, in relation to the jurisdiction of the corporation
court of the city of Norfolk and creating the office of judge of said
court.
An act to amend and re-enact section 29 of chapter 151 of the
Code.
An act to amend and re-enact section 7, chapter 158 of the Code
of Virginia, in relation to the adjourned terms of the circuit court of
the city of Norfolk.
|A.n act to provide for recording the losses of property sustained by
the operations of war during the late war.
An act to amend the charter of the insurance company of the Val¬
ley of Virginia.
An act to incorporate the Johnston insurance company of Danville,
Virginia.
An act to amend and re-enact the 5th section of chapter 151 of the
Code of Virginia, as to attachments of steamboats and other vessels
found within the jurisdiction of this state.
An act to incorporate the Whitehall mining and manufacturing
company.
An act to amend and re-enact the 6th and 9th sections of an act
entitled an act to amend and re-enact the act entitled an act amend¬
ing the charter of the town of Danville, passed March 4th, 1854, and
incorporating into one all acts amendatory thereof, passed December
15, 1865.
An act incorporating the Warwick manufacturing company in the
city of Richmond.
An act to incorporate the Dover company.
An act to amend the charter of the city of Alexandria,
An act to incorporate the Alleghany iron and manufacturing com¬
pany.
An act providing for the sale of lands or scrip donated by congress;
470
JOURNAL OP THE HOUSE OF DELEGATES.
An act conferring authority upon the councils of the city of Nor¬
folk in relation to the streets of said city.
An act to incorporate the Virginia white lead, paint and oil com¬
pany.
An act authorizing the circuit court of Amherst county to make
an allowance for the support of Wilkins, Edward and Lilly V. Wat¬
son, infant children of Wilkins Watson, deceased.
An act to incorporate the insurance company of America.
An act relating to fences and for the protection of crops.
An act directing the auditor of public accounts to issue his warrant
upon the treasury in certain cases.
An act authorizing the county court of Norfolk county to borrow
money, and for other purposes.
An act incorporating the town of Port Republic in the county of
Rockingham.
An act amending the charter of the Manassas gap and Winchester
and Potomac railroad companies.
An act to amend the 24th and 29th sections of chapter 85, and the
17th section of chapter 208 of the Code of Virginia, in reference to
the confinement and trial of persons charged with crime, who may be
insane or who may be alleged to be insane.
An act to amend and re-enact the act entitled an act to incorporate
the Virginia canal company, and to transfer the rights and franchises
of the James river and Kanawha company thereto, passed March 29,
1861.
An act to amend and re-enact the 5th section of chapter 126 of the
Code of Virginia for 1860, in relation to masters and apprentices.
An act to incorporate the Virginia land and aid immigration company.
An act to confirm the acts of courts held at improper places in cer¬
tain cases.
An act to incorporate the Mantua coal mining company.
An act to amend and re-enact section 6 of chapter 16 of the Code.
An act to require a deposit of securities to be made by foreign in¬
surance companies doing business in this state.
An act to incorporate the Carbon Hill coal company.
An act to amend the act passed March 18, 1861, entitled an act to
amend the charter of the city of Richmond.
An act to increase the price of treasury warrants for land in Vir¬
ginia, and to repeal an act passed 4th January 1866, entitled an act
prohibiting the further entry of waste and unappropriated lands, or
any grant of such.
An act to incorporate the International commercial company of
Norfolk city.
An act concerning the estate, of William Dickinson, deceased.
An act to incorporate the National mercantile exchange company.
An act to incorporate the Virginia and North Carolina emigration
and colonization society.
An act to incorporate the Virginia and Cumberland gap railroad
company.
JOURNAL OF THE HOUSE OF DELEGATES.
471
An act to incorporate the Mount Vernon company.
An act to incorporate the Industrial mining and manufacturing
company.
An act appropriating money to pay for repairs to the capitol and
governor's house and public square, and to purchase furniture lor
governor's house.
An act to amend and re-enact the 15th and 16th sections of chapter
190 of the Code of Virginia for 1860, in relation to rape and abduction.
An act to amend and re-enact the 4th section of chapter 190 of the
Code of Virginia for 1860, in relation to offences against the sove¬
reignty of the state.
An act to enable the James river manufacturing company to
borrow money.
An act authorizing the overseers of the poor of the county of
Charles City to sell the poor house tract of land, or the timber on
said land, for other purposes than the maintenance of the poor.
An act incorporating the Virginia immigration and land company.
An act to incorporate the Virginia Valley iron and manufacturing
company.
An act to amend the charter of the Midlothian coal mining company.
An act to incorporate the Arcadia iron works company.
An act to authorize the construction of the bridge, lately burned,
across the Rivanna river near Charlottesville.
An act to incorporate the American industrial agency.
An act requiring the banks of this commonwealth to go into liqui¬
dation.
An act to incorporate the Virginia land, trust and immigration
company.
An act to authorize the sale of the Roanoke Valley railroad under
certain conditions.
An act to incorporate the Richmond academy of medicine.
An act to provide for a high constable for the city of Portsmouth.
An act extending the charter of the Fredericksburg and Gordons-
ville railroad company.
An act to amend and re-enact section 11 of chapter 192 of the
Code.
An act amending and re-enacting the act of July 25th, 1861,
amending and re-enacting the 1st section of chapter 150 of the Code
of 1860.
An act for the relief of H. Hurt, sheriff of Halifax county.
An act disposing of the state's interest in the Virginia and Ken¬
tucky railroad on certain conditions.
An act amending the 38th chapter ol the Code (edition of 1860),
in relation to the assessment of taxes on licenses.
An act to incorporate the Old Dominion porcelain and glass com-
pany.
An act to amend and re-enact the 25th and 27th sections of chap¬
ter 92 of the Code of Virginia, relating to pilots.
An act to incorporate the Virginia steam sugar refining company.
472
JOURNAL OF THE HOUSE OF DELEGATES.
An act to authorize the Richmond and Danville railroad company
to lease, hold and operate the Piedmont railroad.
An act to incorporate the.Mount Crawford toll bridge company in
the county of Rockingham.
An act to revive the charter of the Keswick coal mining company,
and to amend the same.
An act to incorporate the Brush mountain mining and transporta¬
tion company.
An act for the relief of John Stephenson of Frederick county.
An act to incorporate the Dan river manufacturing company.
An act to enable the common council of Charlottesville to erect
water works.
An act declaring the standard of a cord measure.
An act to incorporate the National insurance company of Virginia.
An act to provide more effectually for the punishment of horse
stealing.
An act to incorporate the Virginia and North Carolina accident in¬
surance company.
An act for the assessment of persons, property, income and salaries.
An act to amend the 16th and 18th sections of chapter 14, and the
51st section of chapter 213 of the Code of 1860, so as to increase the
compensation of the assistants, clerk and interior guard of the peni¬
tentiary.
An act to authorize the board of public works to sell the interest
of the commonwealth in the Alexandria canal.
An act to amend and re-enact section 5 of chapter 209 of the
Code of 1860.
An act for the relief of L. A. Miller, late sheriff of Frederick
county.
*An act to repeal certain parts of the act of May 14, 1862, and to
prescribe oaths to be taken in certain cases.
An act in regard to abandoned turnpikes.
An act to authorize a special police to search for stolen property.
An act to amend and re-enact and repeal certain sections of the
Code of Virginia, in relation to pilots.
An act to incorporate the Prince William mining and manufactu¬
ring company.
An act for the relief of John Gf. Miller, late sheriff of Frederick
county.
An act declaring the James river and Kanawha canal a lawful fence
within the limits of the counties of Albemarle and Fluvanna.
An act extending the time for rebuilding or repairing any mills,
manufactory, machine or engine destroyed by fire, or which may have
become unfit for use during the late civil war.
An act in regard to the Rockingham turnpike company.
An act to amend the 5th section of chapter 13 of the Code of 1860,
as to the persons allowed to administer oaths.
An act to regulate contracts for labor between white and colored
persons, and to impose a fine on persons enticing laborers from the
service of their employers under such contracts.
JOURNALr-OF THE HOUSE OF DELEGATES.
473
An act to authorize the city council of Alexandria to issue its bonds
in satisfaction of arrears of interest on its funded debt.
An act to repeal an act exempting certain white males from work¬
ing on the highways of King George and Stafford.
An act to incorporate the Virginia loan and trust company.
An act incorporating the Lynchburg and Danville railroad company.
An act incorporating the town of Jeffersonville in the county of
Tazewell. *
An act incorporating the Baltimore and Virginia steamship com¬
pany.
An act amending and re-enacting section 3, chapter 124 of the Code.
An act amending and re-enacting chapter 180 of the Code of 1860.
An act preventing the abatement of process in certain cases.
An act providing for including the value of stamps in the taxation
of costs.
An act amending and re-enacting sections 4 and 5 of chapter 110
of the Code of Virginia.
An act incorporating the great Southern inland navigation com-
pany.
An act incorporating the North Carolina transportation company.
An act incorporating the Hampton steamboat company.
An act to incorporate the sun fire company of the city of Alex¬
andria.
An act amending and re-enacting sections 13 and 14 of chapter 176
of the Code of 1860.
An act authorizing the board of public works to sell the state's in¬
terest in the Potomac bridge company.
An act incorporating the planters savings bank of Farmville.
An act repealing the 12th section of chapter 20 of the Code of Vir¬
ginia (edition of 1860).
An act charging upon the public treasury certain allowances here¬
tofore authorized to be made out of the library fund.
An act authorizing the librarian to prosecute for lost or mutilated
books.
An act declaring Neabsco and Powell's creeks lawful fences.
An act amending and re-enacting the first paragraph of the 36th
section of chapter 88 of the Code of 1860.
An act extending the charter of the James river and Kanawha
company.
An act authorizing the county courts of King George and Stafford
to borrow money for educational purposes.
An act incorporating the Bath iron mining and manufacturing
company in the counties of Bath and Alleghany.
An act prescribing duties of telegraph companies.
An act amending and re-enacting section 17 of chapter 64 of the
Code (edition of 1860).
An act requiring the railroad companies of Virginia to have their
ticket offices and cars open one hour before, the departure of every
passenger train.
60
474
JOUKNAL OP THE HOUSE OF DELEGATES.
An act preventing and punishing unlawful hunting.
An act amending and re-enacting the 12th section of chapter 191
of the Code of 1860.
An act amending and re-enacting section 14 of chapter 192 of the
Code of 1860.
An act for the relief of the incorporated colleges and other semina¬
ries of learning of the state.
An act to incorporate the Tredegar company.
An act to incorporate the Rockbridge savings institution at Lexing¬
ton, Virginia.
An act to incorporate the Valley railroad company.
An act to incorporate the planters savings hank of the city of
Richmond.
An act to incorporate the farmers and miners savings bank of Alle¬
ghany at Covington.
An act to legalize the ferry established by Benjamin Fleet at Dun¬
kirk, in King & Queen county, in place of the toll bridge at that
place, burnt by the Federal army.
An act amending sections 21, 22, 23, 25, 27, 30, 32, 33 and 47 of
chapter 101 of the Code (edition of I860), concerning the taking and
planting, selling and buying of oysters.
An act to amend and re-enact the 1st section of an act passed 15th
December 1865, entitled an act for the relief of Henry Stephenson of
Frederick county.
An act to incorporate the Botetourt savings institution of Bu¬
chanan.
An act to incorporate Pound river bridge company.
An act making appropriation to the university of Virginia.
An act to incorporate the Valley mining, exploring and manufac¬
turing company.
An act for the relief of the Winchester and Potomac railroad
company.
An act to make portions of Banister river and White-thorn creek,
in the county of Pittsylvania, a lawful fence.
An act to incorporate the Rockbridge manufacturing company.
An act to authorize the circuit court of Accomack to decree the
sale of certain lands belonging to the estate of Charles S. Piper,
deceased.
An act to alter and amend the 3d article of the constitution.
An act to provide for the liabilities of the lunatic asylum at Wil¬
liamsburg, incurred prior to 1st July 1865.
An act to incorporate the Bank of the State of Virginia.
An act to repeal the act amending the charter of the city of Rich¬
mond.
An act to amend the act passed March 18, 1861, entitled an act
to amend the'charter of the city of Richmond.
An act amending and re-enacting the 13th section of chapter 157
of the Code of 1860, so as to create the office of judge of the court
of hustings for the city of Portsmouth.
JOURNAL OF THE HOUSE OF DELEGATES.
475
An act transferring turnpikes to the counties in which they lie.
An act authorizing the governor to lease out the armory grounds,
and provide barracks for the public guard, &c.
An act to authorize the trustees of Yeates tree schools to sell
lands, &c.
An act to incorporate the Richmond savings bank and insurance
company.
An act to incorporate the commercial insurance and savings com¬
pany of Petersburg.
An act to incorporate the Covington and Ohio railroad company.
An act to amend and re-enact the 10th section of the act entitled
an act to incorporate the Lynchburg fire, life and marine insurance
company.
An act changing the charter of the city of Lynchburg.
An act incorporating the Columbian manufacturing company in the
city of Richmond.
An act for the relief of the Richmond medical college.
An act to incorporate the Old Dominion towing and transportation
company.
An act to authorize the common council of Winchester to borrow
money.
An act to incorporate the Church Hill female seminary in the
county of Henrico.
An act to incorporate the contractors association.
An "act to incorporate the St. Francis infirmary in the city of
Richmond.
An act authorizing John T. Burks and others to improve New river.
An act to charter the Richmond and Peninsula railway company.
An act modifying the charter of Washington college.
An act in regard to the printing of acts of private incorporation.
An act for processioning and settling the boundaries of lands in
this commonwealth.
An act amending the 7th section of chapter 165 of the Code, as
amended by act of February 3d, 1863, concerning the compensation
of commonwealth's attorneys.
An act for the relief of Dempsey Nash, clerk elect of the circuit
court of the city of Portsmouth, and James J. Henritzie, clerk elect
of the circuit court of Russell county.
An act to amend and re-enact the 14th section of chapter 108 of
the Code of Virginia for 1860, in regard to registers of marriages,
and to legalize the marriages of colored persons now cohabiting as
husband and wife.
An act to amend and re-enact sections 1, 3, 5, 7 and 15 of chapter
196 of the Code of Virginia of 1860, in regard to unlawful marriages.
An act to amend and re-enact the 9th section of chapter 103 of the
Code of Virginia of 1860, defining a? mulatto, providing for the pun¬
ishment of offences by colored persons, and for the admission of their
evidence in legal investigations, and to repeal all laws in relation ta
slaves and slavery, and for other purposes.
476
JOURNAL OF THE HOUSE OF DELEGATES.
An act imposing taxes for the support of government.
An act to repeal the act passed June 22d, 1865, in relation to the
salaries of certain officers of government, and to revive certain sec¬
tions of the Code repealed by said act.
An act to amend and re-enact the 12th section of chapter 77 of
the Code of 1860.
An act to incorporate the Union car works manufacturing company.
An act for the relief of J. Sangster.
An act to incorporate the planters loan association.
An act to increase the capital stock of the Yirginia and Tennessee
railroad company.
An act requiring the superintendent of the penitentiary to keep a
record of the conduct of prisoners.
An act to amend and re-enact section 12 of chapter 128 of the
Code of 1860.
An act to amend and re-enact section 1 of chapter 51 of the Code
of 1860.
An act concerning the seals of the commonwealth, defining their
use, and the cases in which the tax upon them is to he collected.
An act to incorporate the Tomahawk coal mining company.
An act to incorporate the industrial mining and manufacturing
company.
An act to re-enact the 2d section of chapter 43 of the Code (edi¬
tion of 1860).
An act to repeal the 1st section of the act to repeal and re-enact
the 2d and 9th sections of the 42d chapter of the Code of 1860, and
to re-enact the said 2d section.
An act to amend and re-enact the 21st section of chapter 36 of
the Code (edition of 1860).
An act to give effect to certain acts, contracts and proceedings
during the late war.
An act to incorporate the citizens gas light company of the city of
Norfolk.
An act to incorporate the American immigration and land company.
An act amending and re-enacting the 43d section of chapter 112 of
the Code of 1860, with regard to land warrants.
An act to amend the 2d section of chapter 37 of the Code (edition
of 1860).
An act to amend and re-enact the 3d and 5th sections of chapter
96 of the Code of 1860.
An act to amend and re-enact section 32 of chapter 38 of the Code
of Virginia.
An act to amend and re-enact section 2 of chapter 52 of the Code
of 1860.
An act declaring Hyco river to be a lawful fence in the county of
Halifax. «
An act to incorporate the friendship fire company of Alexandria.
An act to incorporate the insurance and savings company of Yirginia,
An act to incorporate the Southern fertilizing company.
JOURNAL OF THE HOUSE OF DELEGATES.
477
An act to incorporate the life insurance company of the state of
Virginia.
An act repealing, amending and re-enacting the 1st and 2d sections
of chapter 62 of the Code of 1860, in relation to waste and unap¬
propriated lands.
An act to amend and re-enact the 6th section of chapter 151 of the
Code, relating to attachments.
An act incorporating the Manchester Union building fund asso¬
ciation.
An act to amend section 11 of an act entitled an act to establish a
system of district free schools for King George county.
An act to incorporate the Virginia industrial association.
An act to amend and re-enact section 39 of chapter 184 of the Code.
An act to incorporate the Virginia savings bank.
An act abolishing the inspection of lime.
An act in relation to the testimony of colored persons.
An act conferring authority upon certain persons to erect a toll
bridge across the Pamunkey river in Caroline county.
An act to incorporate the Shenandoah copper mining company.
An act to authorize the erection of a bridge across the North Anna
river in Caroline county.
An act amending the charter of the town of Scottsville in the
county of Albemarle.
An act to amend the 3d section of the charter of the Virginia slate
company.
An act giving the consent of the state of Virginia to action of West
Virginia in regard to the Virginia canal company.
An act authorizing the appropriation of twenty thousand dollars
for the use of the penitentiary.
An act to incorporate the St. James improvement company.
An act to authorize a poll to be taken in King & Queen county to
ascertain the sense of the people of said county on the question of
the removal of the site of the seat of justice of said county, and for
other purposes connected therewith.
An act to amend and re-enact the provisions of the Code of 1860,
and the acts subsequent thereto, in regard to the public printer and
the public printing.
An act to authorize the common council of Petersburg to fund the
interest due on bonds of said city.
An act to provide for the assertion of the rights of this common¬
wealth to jurisdiction over the counties of Jefferson and Berkeley.
An act to reorganize the militia.
An act in regard to commissioners of the revenue.
An act appropriating the public revenue for the fiscal year 1865-6.
An act to amend and re-enact section 13 of chapter 14 of the Code
(edition of 1860), as amended and re-enacted by act entitled an act
to amend and re-enact the 13th and 14th sections of chapter 14 of
the Code of Virginia of 1860, passed 15th December 1865.
An act to amend the 3d section of an act entitled an act to incor-
478
JOUENAL OF THE HOUSE OF DELEGATES.
porate the Chesterfield gas coal mining company, passed December
21, 1865.
An act to provide for funding the interest on the public debt.
An act to stay the collection of debts for a limited period.
An act to incorporate the Virginia insurance, loan and trust com¬
pany. ' .
An act for the relief of Joseph Padgett, late constable of Alexan¬
dria county.
An act to authorize the town council of Fredericksburg to fund the
interest due on the public debt of said town.
An act amending sections 6 and 14 of chapter 158 of the Code of
1860, concerning the terms of courts.
An act declaring the house of W. B. L. Vaughan, in the county of
Pittsylvania, an election precinct.
An act changing the place of voting at Big Lick in the county of
Roanoke.
An act to repeal an act entitled an act relating to witnesses, passed
by the general assembly of the restored government of Virginia on
the 29th day of January 1864.
An act to preserve and extend the time for the exercise of certain
civil rights and remedies.
An act to encourage immigration and to protect immigrant labor.
An act incorporating the stockholders of the Richmond and Peters¬
burg railroad connection company.
An act to authorize the increase of the capital stock of the Rich¬
mond and Danville railroad company.
An act authorizing the governor to hire out able-bodied male con¬
victs in the penitentiary to work in coal pits.
An act to amend and re-enact the 43d section of chapter 172 of the
Code of 1860.
An act to amend the 1st and 6th sections of chapter 160 of the
Code of 1860, relating to the court of appeals, to repeal other sections
of said chapter, and making provisions concerning the organization,
jurisdiction and proceedings of said court.
An act providing for the adjustment of liabilities arising under
contracts and wills made between the 1st day of January 1862 and
the 10th day of April 1865.
An act to promote and encourage immigration into the state of
Virginia.
An act to protect tl^e interests of the commonwealth and other
stockholders in railroads between Weldon and Baltimore, from reck¬
less and injurious competition.
An act incorporating the Richmond, Fredericksburg and Potomac
and the Richmond and Petersburg railroad connection company.
An act to incorporate the Buffalo ridge mining and petroleum
co'inpany.
An act incorporating the Richmond harmonic association.
An act to incorporate the Coal-field and Tide-water railroad com¬
pany.
JOURNAL OF THE HOUSE OF DELEGATES.
479
An act to incorporate the Union Bank of Richmond.
An act to incorporate the commercial savings hank of Richmond.
An act to amend the 24th section of the 158th chapter of the Code
of I860, changing the times of holding the courts in the 16th circuit.
An act to amend and re-enact the 15th section of chapter 15 of the
Code of Virginia (edition of 1860).
An act to incorporate the Union manufacturing company of the
county of Fluvanna.
An act to amend the 13th, 15th, 16th and 42d sections of chapter
182 of the Code, and to repeal the 11th, 12th, 17th, 18th, 19th and
20th sections of said chapter, in relation to appeals and writs of error
and supersedeas.
An act to prohibit attachments in certain cases.
An act to incorporate the American lead mining company.
An act to amend and re-enact the 25th section of the act passed
January 25, 1866, entitled an act to amend the charter of the city of
Alexandria.
An act incorporating the Iron mountain manufacturing company of
Montgomery and Craig counties, Virginia.
An act authorizing the Midlothian coal mining company to con¬
struct a railroad to James river from their coal mines in Chesterfield
county.
An act to revise and amend the charter of the Glendower mining
company.
An act for the relief of William E. Goodwin, late sheriff of Prince
William county.
An act to incorporate the Virginia guano company.
An act to incorporate the Portsmouth city railroad company.
An act incorporating the Christiansburg savings institution.
An act to incorporate the Virginia immigration company.
An act for the relief of John S. Harlow.
An act incorporating the Nevadaville silver-lead company of Vir¬
ginia.
An act for the relief of sheriffs, sergeants, constables and coroners.
An act to provide for heating the capitol building by hot water
apparatus.
An act imposing a tax on oysters.
JOINT RESOLUTIONS.
Resolution reorganizing the public guard.
Resolution requesting the president of the United States to grant
a general amnesty to the citizens of Virginia.
Resolution in relation to a recess of the general assembly.
Resolution authorizing the joint committee on oysters to elect a
clerk.
Resolution in relation to the release of Jefferson Davis and all other
political prisoners, and the restoration of the writ of habeas corpus.
Resolution requesting the governor to represent to the post master
480
JOURNAL OF THE HOUSE OF DELEGATES.
general of the United States the present condition of the mails in this
state, and to urge him to give relief in the matter.
Resolution in relation to the extension of the present session of the
general assembly.
Resolution in relation to the Orange and Alexandria railroad com¬
pany.
Resolution in relation to the policy of the president of the United
States in reference to the reconstruction of the union.
Resolution in relation to the land tax and other imposts and taxes
levied by the congress of the United States.
Resolution in relation to an act entitled an act to amend and re-
enact the act entitled an act to incorporate the Virginia canal com¬
pany, &c., passed February 3d, 1866.
Resolution in relation to the judicial nominations made by the
governor.
Resolution relating to the charter of the city of Williamsburg.
Resolution in relation to the sale of paper in the library.
Resolution for extending, for a limited time, the use of the law
books in the state library.
Resolution on the restoration of the state, and the adjustment of
the public debt.
Resolution in relation to the debt due to the state from Selden,
Withers & Co.
Resolution in relation to sending books to the state of South
Carolina.
Resolution authorizing the sub-committees of the two houses to
visit the Eastern and Western lunatic asylums, &c. during the recess
of the general assembly.
On motion of Mr. Garnett, the house of delegates adjourned sine
die.
INDEX.
ABANDONED TURNPIKES.
S. B. 118, In regard to; communi¬
cated; twice read, and referred, 329
Reported with amendments, and placed
on calendar, 336
Passed house with amendments, 344
Amendments of house agreed to by
senate, 357
See Process.
Suits.
ABATEMENT.
ABDUCTION.
See Rape and Abduction.
ABINGDON.
H. B. 48, Providing for election of
mayor, &c. of; reported; twice
read, and printed, 101
Amended, and engrossed, 120
Laid on table, 134
ABSENCE.
Leave of, to delegates, 53, 82, 90, 94,100,
105, 111, 120,128,136,154,155,
164, 167, 173, 189, 231, 236,
246, 254, 262, 267, 270, 275,281,
290, 298, 306, 313, 342, 357,
400, 406, 414, 418, 423, 430, 445
Resolution forbidding leave of, for re¬
mainder of session; amended, and
adopted, 423
ACCOMACK COUNTY.
Petition of citizens of, asking privi¬
leges as to skiffing for wild fowl; re¬
ferred, 53
Committee discharged, and referred to
committee on oysters, 63
Resolution for making Sykes' island
an election precinct; referred, 191
Report of committee agreed to, 206
Petition of citizens of 6th magisterial
district, for sale of certain land for
educational purposes; referred, 247
H. B. 205, Therefor; reported, and read
1st time, 262
Read 2d time; amended, and engross¬
ed, 353
Passed house, 358
Passed senate with amendments, 382
Referred, 383
Resolution for increasing compensation
of commissioners of revenue for
1865; referred, 263
ACCOUNTS.
Resolution referring governor's mes¬
sage as to settlement of, with West
Virginia, 52
Resolution requiring credits on, to be
endorsed on writs when sued on; re¬
ferred, 52
Resolution for dispensing with writ of
enquiry in suit on; referred, 121
See Public Debt.
ACTIONS.
See Suits.
ACTS.
H. B. 221, To give effect to certain,
during the war; reported, and read
1st time, 280
Read 2d time, and engrossed, 354
Passed house, 373
H. B. 306, To amend act giving effect
to certain; reported, and read 1st
time, 444
H. B. 262, Extending time for per¬
formance of certain; reported, and
read 1st time, 341
Read 2d time, and engrossed, 388
Passed house, 416
See Contracts.
ACTS OF ASSEMBLY.
Resolution for furnishing members with
copy of, 35
Resolution referring governor's mes¬
sage as to digest of, since 1861; re¬
ferred, 51
Resolution for printing, in lieu of en¬
rolling; referred, 90
Adverse report; agreed to, 186-7
Mr. Baldwin's resolutions for preserv¬
ing a series of, at each courthouse,
and for publishing in uniform vol¬
umes, with index, to July 1, 1865;
referred, 111
Resolution as to, passed since 1st June,
1861, inconsistent with the present
condition of the country; referred, 136
Resolution for furnishing to overseers
of poor and county surveyors; re¬
ferred, 137
484
INDEX.
H. B. 106, To amend Code as to distri¬
bution of; reported, and read 1st
time, 159
Read 2d time, and engrossed, 177
Passed house, 219
Passed senate, 288
Resolution to amend Code in relation
to sketches of; referred, 222
H. B. 162, To repeal 12th section of
chapter 20; reported, and read 1st
time, 227
Read 2d time, and engrossed, 317
Passed house, 326
Passed senate, 382
H. B. 222, For printing additional
copies of former sessions; report¬
ed, and read 1st time, 280
Read 2d time; amended, and engrossed, 354
Rejected; reconsidered, and recommit¬
ted, 372
Substitute reported, and placed on cal¬
endar, 384
Passed house; title amended, 387
H. B. For publishing, in newspapers;
presented and referred, 307
Adverse report; agreed to, 369
H. B. 256, In regard to printing, of
private incorporations; referred, 321
Reported, and read 1st time, 337
Unsuccessful motion to take up, 354
Read 2d time, and engrossed, 388
Passed house, 416
Passed senate, 422
Joint resolution 300, In relation to
printing and forwarding of, at pres¬
ent session; referred; reported, and
read 1st time, 418
Read 2d time; engrossed, and passed
house, 431
List of, passed during session, 466-480
See Bills.
ACTS OF INCORPORATION.
See Charters.
ADJOURNMENT.
Resolution for, in observance of thanks¬
giving day, 44
Resolution for, until 3d January, 1866;
adopted by house, 70
Agreed to by senate, 84
Senate informed of readiness of house
to adjourn to 1st Monday in Decem¬
ber next, 466
ADJUTANT GENERAL.
Communication from; laid on table, and
printed (Doc. 4), 94
AGRICULTURE AND MECHANIC ARTS.
Resolution as to lands donated by con¬
gress for benefit of; referred, 37
Report of committee, 63-4
Agreed to, 69
H. B. 92, For sale of land donated for;
reported, and read 1st time, 145
Read 2d time, and laid on table, 174
Amended, and engrossed, 177
Passed house, 219
Passed senate, 240
ALEXANDRIA CANAL COMPANY.
H. B. 160, To release state's interest
in, to the city of Alexandria; refer¬
red, 216
Reported, and read 1st time, 227
Passed by, 317
Dismissed, 348
Resolution for transferring state's stock
to city of Alexandria; referred, 216-17
S. B. 122, Authorizing sale of state's
interest in; communicated, 332
Read twice, and placed on calendar, 336
Passed house, 339
Motion to reconsider entered, 342
Reconsidered; amended, and passed
house, 343
Motion to reconsider rejected, 352-3
Amendment of house agreed to by se¬
nate, 355
ALEXANDRIA CITY.
Petition of citizens for repealing act
amending charter, and reviving for¬
mer charter, 90
H. B. 116, Amending charter; report¬
ed, and read 1st time, 164
Unsuccessful motion to take up, 220
Read 2d time; engrossed, and passed
house, 225
Motion to reconsider passage lost, 228
Passed senate, 231
Communication from city council; re¬
ferred, 147
Committee of propositions discharged,
and referred to finance, 186
S. B. 117, To authorize council to issue
bonds for arrears of interest on fund¬
ed debt; communicated; read twice,
and referred, 329
Reported, and placed on calendar, 336
Amended, and passed by, 344
Passed house, 351-2
Amendment of house agreed to by se¬
nate, 375
S. B. 147, To amend act amending
charter; communicated, 439
Twice read, and referred, 443
Passed house, 461
ALEXANDRIA COUNTY.
H. B. To amend act for protection of
crops in; presented, and referred, 35
Committee discharged, and referred to
agriculture, &c. 46
Resolution as to amount of fines paid
by single justices, 1st January 1862;
referred to auditor public accounts, 87
Response of auditor; laid on table, 109
INDEX.
485
ALLEN, JOHN H.
Resolution to pay mileage and attend¬
ance as a "witness for commonwealth;
referred, 72
H. B. 45; Therefor; reported; read
twice, and engrossed, 98
Passed house, 103
Passed senate, 109
ALLEN, ORVILLE.
Petition for relief of; presented, and
referred, 343
Adverse report; agreed to, 350
ALLEN, R. J. T.
Memorial for refunding license tax to; >
referred, 39
AMENDMENTS.
See Constitution of United States.
Constitution of Virginia.
AMERICAN AGENCY.
H. B. 176, Amending act of 1861 char¬
tering; presented, and referred, 177
Reported, and read 1st time, 236
Passed by, 317
Laid on table, 349
AMERICAN IMMIGRATION AND LAND
COMPANY.
H. B. 225, To incorporate; presented,
and referred, 189
Reported, and read 1st time, 289
Unsuccessful motion to take up, 311
Read 2d time; amended, and engrossed, 354
Passed house, 359
Passed, 428
AMERICAN INDUSTRIAL AGENCY.
Memorial of General Duff Green for
charter of; referred, 47
Adverse report; agreed to, 92
S. B. 50, To incorporate; communi¬
cated, and referred, 279
Reported, and placed on calendar, 306
Passed by, 311, 314
Passed house, 323
AMERICAN LEAD MINING COMPANY.
S. B. 145, To incorporate; communi¬
cated, 439
Twice read, and referred, 443
Reported, and placed on calendar, 459
Passed house, 462
AMNESTY.
Joint resolution for general, of citizens
of Virginia; adopted, 47
Agreed to by senate, _ 86
Joint resolution for general; laid on
table, and printed, 66
Taken up; amendment offered; laid on
table, 83
Taken up, and referred, 89
Resolution for law for offences against
commonwealth during the war; re¬
ferred, 130
ANDERSON, ORVILLE.
See Allen, Orville.
ANDERSON, P. E.
Resolution for remunerating, as physi¬
cian at jail in Chesterfield; referred, 146
Adverse report; agreed to, 152
APPEALS, WRITS OP ERROR AND
SUPERSEDEAS.
Resolution for granting writs of, in cer¬
tain cases without security; referred, 172
Adverse report; agreed to, 369
S. B. 143, To ameud Code in relation
to; communicated, 439
Read twice, and referred, 443
Reported, and placed on calendar, 458
Passed house, 460
APPRENTICES.
See Masters and Apprentices.
APPROPRIATION BILL.
See Revenue.
ARCADIA IRON WORKS COMPANY.
S. B. 103, To incorporate; communi¬
cated, 302
Twice read, and referred, 305
Reported, and placed on calendar, 312
Passed house, 316
ARDENT SPIRITS.
See Wine and Ardpnt Spirits.
ARMORY.
Resolution for leasing grounds ad¬
joining; referred, 44
H. B. 112, Therefor; reported, and
read 1st time, 160
Read 2d time; amended, and engrossed, 224
Passed by, 234
Laid on table, 238
Placed on calendar, 262
Passed house, 293
Passed senate with amendments, 374
Referred, 376
Reported, and placed on calendar, 398-9
Amendment of senate agreed to by
house, 415
ARMORY GROUNDS.
See Armory.
ARMS.
S. B. 24, For collection of; communi¬
cated and referred, 105
Commitment reconsidered, and bill
passed house, 111
H. B. 228, To amend Code as to issu¬
ing, to militia; reported, and read
1st time, 289
486
INDEX.
Read 2d time, and engrossed, 356
Passed house, 373
Passed senate, 428
ARTIFICIAL LIMBS.
Resolution for appropriation to fur¬
nish, to disabled indigent soldiers;
referred, 137
Adverse report; agreed to, 152
ARTISANS.
See Merchants, &c.
ASSESSMENT.
H. B. 72, For, of persons, property,
&c.; reported, and read 1st time, 124
Made order of day, 156
Read 2d time, and amended; proceed¬
ings on, unfinished, 178-9
Taken up, and further proceedings, 183-5
Postponed, 192
Further proceedings, and engrossed, 192-3
Passed house, 219
Passed senate, 346
Resolution to amend law so as to re¬
quire tax payers to meet commis¬
sioners at voting precincts; referred, 172
See Licenses.
Taxes.
ASSETS.
See Personal Representative.
ATLANTIC DOCK AND IRON COMPANY.
H. B. 68, To incorporate; presented,
and referred, 114
Reported, and read 1st time, 123
Read 2d time, and engrossed, 157
Passed house, 162
Passed senate, 205
ATTACHMENTS.
Resolution to amend act in relation to,
for sums under twenty dollars; re¬
ferred, 84
H. B. 77, Therefor; reported, and read
1st time, 132
Read 2d time, and engrossed, 165
Passed house, 171
Passed senate, 226
H. B. 91, To amend Code as to, of
steamboats, &c.; referred, 131
Reported, and read 1st time, 145
Read 2d time, and engrossed, 173
Passed house, 176
Passed senate, 225
Resolution to amend Code so as to
prevent abuse of; referred, 136
Resolution to amend Code so as to
make bond an indemnity to sheriff";
referred, 222
H. B. 247, To amend Code relating to
return of; reported, and read 1st
time, 313
Read 2d time, and engrossed, 374
Passed house, 381
Passed senate, 428
Resolution to amend Code in relation
to, by nonresidents; referred, 351
Resolution to restrict issue of, against
nonresidents; referred, 358
S. B. 144, To prohibit, in certain cases;
communicated, 439
Twice read, and referred, 444
Reported, and placed on calendar, 458
Passed house, 461
ATTORNEYS FOR THE COMMON¬
WEALTH.
H. B. 261, Amending act amending
Code in relation to; referred, 90
Reported, and read 1st time, 341
Read 2d time, and engrossed, 388
Passed house, 416
Passed senate, 422
Resolution for amending act increas¬
ing compensation in circuit court of
Richmond city; referred, 96
AUCTIONEERS.
Resolution requiring, to be responsible
for title of animals sold; referred, 351
Adverse report; agreed to, 376
AUDITOR OF PUBLIC ACCOUNTS.
Resolution for information from, as to
amount of taxes paid in Virginia
and West Virginia in 1860, • 48
Response of; printed and referred, 125
Resolution authorizing, to pay claims
of public officers since April 1865;
referred, 48
H. B. 28, Therefor; read 1st time, and
printed, 80
Printing reconsidered; read 2d time,
and engrossed, 83
Passed house, 86
Passed senate, 93
House joint resolution for election of;
adopted, 51,
Agreed to by senate with amendment;
agreed to by house, 54
Rescinded by senate, and agreed to by
house, 82
Joint order for election of; taken up,
and proceedings thereon, 139-40
Resolution directing information from,
as to amount of fines paid by single
justices in Alexandria, 1st of Janu¬
ary 1862, 87
Report of committee to examine office;
laid on the table, 102
Resolution for statement from, as to
cost of publishing decisions of court
of appeals since 1840, 121
Response of; laid on table, 129
Resolution as to amount of literary
fund, and in what invested; re¬
ferred, 227
Report of committee, 262
INDEX.
487
Resolution directing issue of warrant
by, for payment of witnesses in the
case of Messrs. Pollard, Tyler and
Coleman; referred to select commit¬
tee, 145-6
Committee announced, 146
H. B. 105, Therefor; reported; read
twice; engrossed, and laid on table, 154
Taken up, and placed on calendar, 228
Taken up, and read third time; pro¬
ceedings thereon; recommitted 233
Substitute reported, and placed on
calendar, 246
Substitute amended, and passed by, 248
Passed house and senate, 254
AUGUSTA COUNTY.
Petition of citizens of, in relation to
Valley railroad; referred,
258
BACON, ALLEN.
Resolution for paying a sum of money
to, as jailor of Albemarle; referred, 103
H. B. 87, Therefor; reported, and read
1st time, 138
Read 2d time, and laid on table, 173
Placed on calendar, 298
Passed by, 316
Rejected; reconsidered, and passed by, 333
Again rejected, 347
BAGBY, DR. G. W.
Use of house allowed to, for lecture,
225
BALDWIN, J. B.
Elected speaker of house of delegates,
Resolutions of thanks and for print¬
ing valedictory address, 465
See Voting.
BALLOT.
BALTIMORE AND VIRGINIA STEAM¬
SHIP COMPANY.
H. B. 215, To incorporate; reported,
and read 1st time, 275
Read 2d time, and engrossed, 345
Passed house, 352
Passed senate, 382
BANISTER RIVER.
S. B. 124, Making a lawful fence; com¬
municated, 378
Twice read, and referred, 384
Reported, and placed on calendar, 406
Passed house, ' 408
BANK OF ROCKBRIDGE.
Memorial of stockholders in regard to
condition of; presented, and referred, 146
BANK OF THE STATE OF VIRGINIA.
H. B. 219, To incorporate; presented,
and referred, 271
Reported, and read 1st time, 280
Read 2d time, and engrossed, 346-7
Passed house, 352
Passed senate with amendment, and
referred, 383
Reported, and placed on calendar, 399
Senate amendment disagreed to by •
house, 401
Senate recede from their amendment, 406
BANKS.
Resolution authorizing, to compromise
with creditors; referred, 48
Petition of P. McCormick in relation to
paying out to note holders; referred, 67
Governor's message relating to; re¬
ferred, 68
Resolution of enquiry into condition of,
and to compel redemption of issues,
&c.; referred, 75
Resolution for arresting suits against;
referred, 87
H. B. 42, Therefor; reported; read twice,
and printed, 92
Printing reconsidered; bill amended, and
recommitted, 93-4
H. B. 53, Restraining from disposing
of assets; read twice, and printed,
and report of minority, 102
Substitute offered; laid on table, 120
Taken up, and recommitted, 124
H. B. 80, Requiring to go into liquida¬
tion; reported, and read 1st time, 132
Read 2d time, and laid on table, 165-6
Taken up, and recommitted, 171
Substitute reported, and placed on
calendar, 246
Taken up, and amended; unfinished, 271
Read 2d time; proceedings on; amended,
&c. 272
Further proceedings, and substitute en¬
grossed, 273
Passed house, 277
Passed senate with amendment, 310
Referred, 311
Reported, and placed on calendar, 320
Amendment of senate agreed to by
house, 322
Motion to reconsider rejected, 323
H. B. 227, To amend Code as to, as de¬
positories of public money; reported,
and read 1st time, 289
Passed by, 354
Read 2d time, and engrossed, 374
Passed house, 280
Resolution as to number of, and amount
paid clerks and other officers, since
April 1865; referred, 321
BASEMENT OFFICERS.
See Officers of Government.
BATH IRON MINING AND MANUFAC¬
TURING COMPANY.
H. B. 133, Incorporating; reported, and
read 1st time, 180
488
INDEX.
Read 2d time, and engrossed, 301
Passed house, 316
Passed senate, 382
BELYIDERE MANUFACTURING COM¬
PANY.
H. B. 7, To incorporate; presented, 54
Read 1st time, 56
Read 2d time, and engrossed, 68
Passed house, 69
Passed senate, 94
BENNETT, COLEMAN D.
Resolution to compensate, for convey¬
ing lunatics to asylum; referred, 172
Committee of propositions and griev¬
ances discharged; referred to claims, 181
Adverse report; agreed to, 342
BENNETT, J. M.
Resolution referring report of, in re¬
gard to certain gold and silver coin
distributed by him; referred, 75
Partial report of committee; laid on
table, 106
BERKELEY COUNTY.
H. B. 2, Repealing act admitting, into
West Virginia; reported, and passed
house, 33
Passed senate, 41
Senate joint resolution for communi¬
cating passage to congress and gov¬
ernor of West Virginia; communi¬
cated, 43
Agreed to by house, 44
S. B. 130, For asserting right of state
to jurisdiction over; communicated, 409
Twice read, and referred, 413
Reported, and placed on calendar, 417
Passed house, 437
BIGGER, J. BELL.
Elected clerk of house of delegates, 3
Resolution of thanks to, 465
BIG LICK.
See Roanoke County.
BILLS.
Resolution for dispensing with enroll¬
ing, on parchment; referred, 90
Adverse report; agreed to, 186-7
Resolution for printing all, pending;
rejected, 212
Resolution for printing all, to incorpo¬
rate companies for more than one
purpose; agreed to, 212
Sundry, enrolled; signed by speaker,
and sent to senate, 420
Sundry, enrolled; communicated by
senate, 429
S. B. 137, To amend Code, in relation
to enrollment of; communicated, 439
Twice read, and referred, 444
Reported, and placed on calendar, 458
Passed house, 460
Resolution for postponing, of a private
nature; agreed to, 445-6
BLAND COUNTY.
Resolution for changing judicial circuit
of; referred, 104
BLOOM GROVE QUARRYING, MINING
AND MANUFACTURING COMPANY.
H. B. 305, Incorporating; reported;
twice read, and referred, 430
BOARD OF PUBLIC WORKS.
Resolution for abolishing; referred, 51
Resolution referring 5th article of con¬
stitution in relation to election of, 52
Resolution districting state for election
of, &c.; referred, 95
Report of committee agreed to, 165
Resolution authorizing, to exchange
state's interest in railroads, &c. for
state bonds; referred, 190
S. B. 109, For payment of contingent
expenses; communicated, 328
Twice read, and referred, | 329
Reported, and placed on calendar, 341
Passed house, 344
Motion to reconsider entered, 358
Reconsidered, and passed by, 366
Referred, 370
Reported with amendment, and placed
on calendar, 422
Recommitted, 441
Resolution authorizing, to exchange
railroad stocks for state bonds; re¬
ferred, 377
BONDS AND NOTES.
Resolution requiring credits on, to be
endorsed on writs for suits on; re¬
ferred, 52
Report of committee disagreed to, 80
See Charters.
BONUS.
BOTETOURT SAVINGS INSTITUTION
OF BUCHANAN.
S. B. 73, To incorporate; communi¬
cated and referred, 279
Reported, and placed on calendar, 376
Amendment of committee rejected, and
passed house, 402
BOUNDARY LINES.
Resolution for establishing, in case of
lost records; referred, 172
BREACH OF PRIVILEGE.
See Privileges of House.
BRUNSWICK COUNTY.
Resolution for levy to pay citizens for
INDEX.
489
services in freedmen's court; re¬
ferred, 370
Adverse report; agreed to, 458
BRUSH MOUNTAIN MINING AND MAN¬
UFACTURING COMPANY.
S. B. 179, To incorporate; referred, 216
Reported, and read 1st time, 236
Read 2d time, and engrossed, 318
Passed house, 327
Passed senate with amendment, 331
Placed on calendar, 335-6
Amendment of senate agreed to by
house, 339
BUCHANAN.
See Toll Bridges.
BUFFALO RIDGE MINING AND PE¬
TROLEUM COMPANY.
S. B, 120, To incorporate; communi¬
cated, 439
Twice read, and referred, 443
Reported, and placed on calendar, 459
Passed house, 461
BUREAU OF PUBLIC INSTRUCTION.
Resolution for organizing; referred, 237
H. B. 190, Therefor; reported, and
read 1st time, 251
BURGLARY.
Resolution to1 amend Code for punish¬
ment of; referred, 37
H. B. 110, Therefor; presented, and re¬
ferred, 140
Reported, and read 1st time, 159
Read 2d time, and engrossed, 223
Passed house, 233
Passed senate, 320
BURKS, J. G. AND J. L.
Resolution for granting charter to, for
improving New river; referred, 271
H. B. 223, Therefor; reported, and read
1st time, 289
See New River.
BUSHBY, WILLIAM.
Petition of; referred, 400
Adverse report; agreed to, 407
BUSINESS OF HOUSE OF DELEGATES.
Resolution for arranging, rescinded, 414
See Calendar.
BUTLER, GEN. B. F.
Resolution of Mr. Hurst in relation to;
laid on table, 49
Amendment offered; resolution and
amendment withdrawn, 61
CALENDAR.
Resolution for arranging business on,
in classes; agreed to. 350
62
Motion to reconsider; entered, 366
Rejected, 370
Resolution for arranging business; re¬
scinded, 414
CAPITAL OFFENCE.
Resolution for making stealing; re¬
ferred,
76
CAPITOL.
Resolution referring governor's message
relating to repairs; referred, 51
S. B. 82, Appropriating money for re¬
pairs of; communicated, 281
Read twice, and referred, 288
Reported, and placed on calendar, 306
Passed house, 310
Resolution for bill to punish acts of
violence and disorder about; re¬
ferred, 228
H. B. 303, For heating, with hot water
apparatus; reported, and read 1st
time, 430
Unsuccessful motion to read 2d time, 436
S. B. 177, For heating, with hot water
apparatus; read three times, and
passed house, 462
CAPITOL GROUNDS.
Resolution referring governor's mes¬
sage relating to repairs of; re¬
ferred, 51
S.B.82, For repairing; communicated, 281
Read twice, and referred, 288
Reported, and placed on calendar, 306
Passed house, 310
CARBON HILL COAL COMPANY.
S. B. 48, To incorporate; communi¬
cated and referred, 256
Reported, and placed on calendar, 266
Amended, and passed house, 284
Amendment of house agreed to by
senate, 292
CARROLL COUNTY.
Resolution for removing foreign ne¬
groes from; referred,
57
CATAWBA COAL AND IRON COMPA¬
NY, IN BOTETOURT.
Resolution for committee to report bill
incorporating; committee appointed, 49
H. B. 12, Therefor; read three times,
and passed house, 61
Passed senate with amendment, 95
Senate amendment agreed to by house, 97
CENTRAL RAILROAD COMPANY.
See Virginia Central Railroad Company.
CHARLES CITY COUNTY.
S. B. 113, Authorizing sale of wood on
poor house tract of land; communi¬
cated, 302
490
INDEX.
Twice read, and placed on calendar,
Passed house,
305
315
CHARLOTTESVILLE.
H. B. 175, Authorizing common coun¬
cil to erect water works; presented,
and referred, 221
Reported, and read 1st time, 236
Read 2d time, and engrossed, 318
Passed house, 327
Passed senate, 347
S. B. Ill, To enable common council
to erect water works; communicated, 328
Twice read, and referred, 329
Reported, and placed on calendar, 336
Passed house, 344
CHARTERS.
Resolution for tax acts granting; re¬
ferred, - 96
Resolution requiring bonus from com¬
panies desiring; referred, 104
Committee of propositions and grievan¬
ces discharged; referred to finance, 124
H. B. 128, Therefor; reported, and read
1st time 17 6
Amendments offered; bill passed by, 244
Amended, and engrossed, 301
Rejected; reconsidered, and passed
by, 315-16
Passed house, 324
H. B. To amend Code as to granting,
by circuit courts; referred, 131
Resolution for preventing copy of, un¬
til bonus is paid; referred, 161
Resolution to give circuit courts exclu¬
sive power to grant; referred, 167
Resolution for amending Code in rela¬
tion to power of cirpuit courts to
grant; referred, 237
CHESTERFIELD GAS-COAL MINING
COMPANY.
Resolution for incorporating; referred, 100
H. B. 57, Therefor; reported; twice
read, and engrossed, 106
Passed house, ^ 111
Passed senate, 113
H. B. 236, To amend charter; referred, 298
Reported, and read 1st time, 306
Passed house, 359
Passed senate with amendments, 429
Referred, 430
Reported, and placed on calendar, 444
CHESTERFIELD MANTUA COAL
MINING COMPANY.
Resolution for incorporating; referred, 137
See Mantua Coal Mining Company.
CHRISTIAN, A. H.
Resolution constituting, with others, a
corporation for manufacturing pur¬
poses; referred, 49
CHRISTIANSBURG SAVINGS INSTITU¬
TION.
S. B. 160, To incorporate; communi¬
cated, 440
Twice read; referred; reported, and
placed on calendar, 443
CHURCHES.
Resolution to amend Code as to quanti¬
ty of land to be held by trustees of;
referred, 167
H. B. 122, Therefor; read 1st time, 170
Read 2d time, and engrossed, 245
Read 3d time, and recommitted, 297
Reported, and placed on calendar, 297
Passed house, 303
Passed senate, 427
CHURCH HILL FEMALE SEMINARY.
H. B. 278, To incorporate; presented,
and referred, 358
Reported, and read 1st time, 368
Read 2d time, and engrossed, 405
Passed house, 409
Passed senate, 417
CIRCUIT COURTS.
Resolution for changing terms of, in
14th circuit; referred, 59
Resolution to limit jurisdiction of, in
Richmond as to probate of wills, &c.;
referred, 66
H. B. 47, Conferring upon, for cities
the same powers as in counties; re¬
ferred, 90
Reported; read twice, and printed, 101
Engrossed, 120
Passed house, 134
Passed senate, 170
H. B. 78, To amend Code as to ad¬
journed terms, for Norfolk; referred, 90
Reported, and read 1st time, 132
Read 2d time, and engrossed, 165
Passed house, 171
H. B. To amend Code in regard to terms
of, in 7th district; presented, 131
Resolution for giving exclusive power
to grant charters to companies, &c.;
referred, 167
Resolution for increasing salary of
clerk of, for Richmond city; referred, 189
Resolution to amend Code as to grant¬
ing charters by; referred, 237
S. B. 136, To amend Code as to times
of holding, in 16th circuit; commu¬
nicated, 441
Twice read, and referred, 444
Reported, and placed on calendar, 458
Passed house, 460
See Judges.
CITIES,
See Corporations.
INDEX.
491
CITIZENS.
Resolution as to legislation necessary
for relief of, in their wretched con¬
dition; referred, 41
Committee discharged from considera¬
tion of the subject, 124
Resolution for assumption of debt due
by, under act of congress; referred, 40
H. B. 76, Therefor; reported; read
twice, and engrossed, 127
Motion to reconsider engrossment;
pending, 134
See Taxes.
CITIZENS GAS-LIGHT COMPANY OF
NORFOLK CITY.
H. B. 224, To incorporate; presented,
and referred, ' 111
Committee on agriculture, &c. dis¬
charged; referred to propositions, &c. 240
Reported, and read 1st time, 289
Read 2d time, and engrossed, 356
Passed house, 359
Passed senate, 428
CITIZENSHIP.
H. B. 37, To amend Code in relation
to; reported; twice read, and printed, 91
Printing reconsidered; bill engrossed,
and passed house, 93
Passed senate, 144
See Suits.
CIVIL ACTIONS.
CIVIL OFFICERS.
See Officers of Government.
CIVIL PROCEEDINGS.
See Process.
CIVIL RIGHTS AND REMEDIES.
See Rights and Remedies.
CLAIMS.
Resolution authorizing payment of, to
certain officers; referred, 48
H. B. 28, Therefor; read 1st time, and
printed, 80
Printing reconsidered; bill read 2d
time, and engrossed, 83
Passed house, 86
Passed senate, 93
Resolution for establishing principle of
settlement of, between individuals,
arising during the war; referred, 100
Petitions and resolutions for payment
of, to sundry persons for supplies
furnished the penitentiary, and other
services; referred,
71, 89, 116, 130, 181, 146
Adverse report of committee; laid on
table, 159
Taken up; motion to recommit; pend¬
ing. 217
Referred to committee for courts of
justice, 221
Majority and minority reports printed, 275
Minority report adopted; vote adopt¬
ing reconsidered; passed by, 331
Minority report adopted, and resolu¬
tion, as amended, agreed to, 337-8
See Debts.
CLARKE AND WARREN COUNTIES.
Petition of citizens in relation to fence
law; referred, 221-2
Committee discharged, 227
CLERK OF HOUSE OF DELEGATES.
J. B. Bigger elected, 3
Resolution authorizing appointment of
an additional clerk, 89
Taken up, and agreed to, 94
Order for having printing executed for
house, 90
Report of committee to examine office;
laid on table, 138
Resolution for furnishing ten copies of
Code to, for use of members; agreed
to, 144
H. B. 163, To amend Code as to salary
of; reported, and read 1st time, 227
Read 2d time, and engrossed, 317-18
Passed house, 326
Passed senate with amendments; agreed
to by house, 446-7
Resolutions requiring, to arrange busi¬
ness on calendar in two classes;
agreed to, 350
Motion to reconsider entered, 366
S. B. 137, To amend Code as to enroll¬
ing bills, &c.; communicated, 439
Twice read, and referred, 444
CLERK OF SENATE.
H. B. 163, Amending act amending
Code as to salary of; reported, and
read 1st time, 227
Read 2d time, and engrossed, 317-18
Passed house, ' 326
Passed senate with amendments; agreed
to by house, 446-7
CLERKS.
Resolution for modifying tax on sala¬
ries of; referred, 40
Resolution authorizing an additional
one in house, 89
CLERKS OF COURTS.
Resolution for increasing fees of; re¬
ferred, 35
Adverse report; laid on table, 384
Resolution for increasing fees of; re¬
ferred, 57
Resolution for settling accounts of, in
1861 and subsequently; referred, 71
Resolution for increasing fees of; re¬
ferred, 104
*
492
INDEX.1
Resolution for increasing pay during
stay law; referred, 137
Resolution for increasing fees of; re¬
ferred, 172
Resolution for increasing salary of, for
circuit court of Richmond city; re¬
ferred, 190
See County Officers.
CLERK'S OFFICE.
See Clerk of House of Delegates.
CLOVER SEED, GYPSIUM, ETC.
Resolution requiring transportation of,
toll free,
COAL-FIELD AND TIDE-WATER RAIL¬
ROAD COMPANY.
S. B. 129, To incorporate; communi¬
cated, 435
Twice read, and_referred, 442
Passed house, * 461
COAL PITS.
H. B. Authorizing governor to hire
out convicts to work in; referred, 290
COAST STEAMERS.
See Fast Coast Steamers.
CODE OF VIRGINIA.
Resolution to amend chapter 201, as to
county police; referred, 33
Resolution to amend chapter 126, as to
masters and apprentices; referred, 34
S. B. 40, To amend 5th section of chap¬
ter 126, as to masters and apprenti¬
ces; communicated, 233
Read twice, and referred, 235
Reported, and placed on calendar, 251
Resolution to amend (of 1849) section
5 of chapter 209; referred, 36
H. B. 121, Therefor; reported, and read
1st time, * 170
Read 2d time, and engrossed, 245
Passed house, 4 297
Passed senate, 349
Resolution to amend chapter 99, as to
enclosures; referred, 37
Resolution to amend chapter 192, as to
punishment for burglary and larceny;
referred, 37
H. B. 110, To amend section 11 of
chapter 192, as to burglary; pre¬
sented, and referred, 140
Reported, and read 1st time, 159
Read 2d time, and engrossed, 223
Passed house, 233
Passed senate, 320
H. B. 130, To amend 14th section of
chapter 192, as to larceny; report¬
ed, and read 1st time, 179
Read 2d time, and engrossed, 244
Passed house, 300
Passed senate, 381 -
Resolution for repealing 20th section of
chapter 176; referred,
Resolution to amend chapter 99, as to
enclosures; referred,
Resolution to amend, in relation to
constables; referred,
Resolution to amend 11th, 12th, 13th
and 14th sections of chapter 176; re¬
ferred,
H. B. 183, To amend and re-enact 13th
and 14th sections of chapter 126; re¬
ported, and read 1st time,
Read 2d time, and engrossed,
Passed house,
Passed senate,
Resolution to amend section 28 of chap¬
ter 184, in relation to fees of certain
officers; referred, 57-8
H. B. 27, Therefor; reported, and read
1st time,
Read 2d time, and engrossed,
Passed house,
Rejected by senate,
Resolution to amend chapter 50, in re¬
lation to jails, &c.; referred,
Resolution to amend 2d and 20th sec¬
tions of chapter 7; referred,
H. B. 26, Therefor; reported, and read
1st time,
Read 2d time, and engrossed,
Passed house,
Passed senate,
Resolution to amend 4th section of
chapter 101; referred,
H. B. 107, Therefor; reported, and read
1st time,
Read 2d time; amendment offered, and
pending,
Taken up, and left pending,
Postponed,
Amended, and left unfinished,
Resolution to amend 2d section of
chapter 101, in relation to tres¬
passes; referred,
H. B. 107, To repeal; reported, and
read 1st time,
Read 2d time; amendment offered, and
pending, 177-8
Taken up, and left pending, 181-2
Postponed, 188
Taken up, and amended, 191-2
H. B. 16, Amending chapter 213, reor¬
ganizing penitentiary; reported,
Read 1st time,
Resolution to amend 1st section of
chapter 150, and 29th section of
chapter 151; referred,
H. B. 90, Therefor; reported, and read
1st time,
Read 2d time, and engrossed,
Placed on calendar,
Passed house,
H. B. 23, To amend 13th and 14th sec¬
tions of chapter 14; reported; twice
read, and engrossed,
40
50
55
239
318
327
382
80
117
118
226
59
80
117
118
144
59
159
177-8
182
188
191-2
159
70
71
145
173
236
238
*INDEX.
493
Passed house, 82
Passed senate, 86
H. B. 29, Amending 14th section of
chapter 130, as to assets in hands
of personal representative; reported,
and read 1st time, ' 80
Read 2d time, and engrossed, 117
Passed house, 118
Passed senate, 144
Resolution to amend 85th chapter; re¬
ferred, 83
H. B. 66, Amending 46th section of
chapter 85; reported, and read 1st
time, 122
Read 2d time, and engrossed, 156
Passed house, 162
Passed senate, 185
Resolution to amend act amending 29th
section of chapter 151, in relation to
attachments; referred, 84
H. B. 77, Therefor; reported, and read
1st time, 132
Read 2d time, and engrossed, 165
Passed house, 171
Passed senate, 226
S. B. 14, Repealing section 8, and
amending section 9 of chapter 85;
communicated, 84
Referred, 86
Resolution to amend, in relation to dower;
referred, 87
H. B. 199, To amend sections 4 and 5
of chapter 110; reported, and read
1st time, 261
Read 2d time, and engrossed, 318
Passed house, ' 334
Passed senate, 382
H. B. 261, Amending act amending sec¬
tion 7 of chapter 165; presented, and
referred, 90
Reported, and read 1st time, 341
H. B. 78, To amend section 7 of chap¬
ter 158; referred, 90
Reported, and read 1st time, 132
Read 2d time, and engrossed, 165
Passed house, 171
H. B. 37, To amend section 3 of chapter
3; reported; twice read, and printed, 91
Printing reconsidered; bill engrossed,
and passed house, 93
Passed senate, 144
Resolutions to amend sections 22, 23
and 24 of chapter 101, in relation to
oysters; referred, 100
Resolution to amend 36th section of
chapter 88, as to fees for inspection
of flour; referred, 95
H. B. 148, Therefor; reported, and read
1st time, 215
Read 2d time, and engrossed, 317
Passed house, 325
Passed senate, 382
Resolution for furnishing members
with; referred, 105
Report of committee agreed to, 144
Joint resolution therefor; read twice,
and engrossed, 153
Adopted by house, 162
Resolution to amend 25th and 26th
sections of chapter 130, in relation
to decedents' estates; referred, 112
H. B. 63, To amend 4th section of chap¬
ter 141; reported; twice read, and
printed, 113
Taken up; amendment rejected; laid
on table, 156
Resolution to amend section 19 of
chapter 14; referred, 77
H. B. 64, To amend 19th section of
chapter 14, in relation to salaries; ,
reported; read twice, and printed, 113
Engrossed, 156
Passed house, 162
Passed senate, 185
H. B. 69, To amend section 5 of chap¬
ter 15, as to jurisdiction of corpo¬
ration court of Norfolk; referred, 114
Reported, and read 1st time, 123
Read 2d time; amended, and engrossed, 162
Passed house, 165
Passed senate, • 226
H. B. 123, To amend certain sections
in relation to pilots; referred, 105
Reported, and read 1st time, 171
Read 2d time; amended and engrossed, 244
Passed house, 299
Motion to reconsider; rejected, 311
Passed senate, 367
H. B. 124, To amend 25th and 27th
sections of chapter 92, relating to
pilots; referred, 116
Reported, and read 1st time, 171
Read 2d time; amended, and engrossed, 244
Passed house, 296
Passed senate, 335
H. B. 67, To amend section 33 of chap¬
ter 184; reported, and read 1st time, 122
Read 2d time, and engrossed, 156
Passed house, 162
Passed senate, 214
H. B. To amend 6th section of chapter
167, in regard to notices and motions;
presented, and referred, 128
H. B. To amend the 38th section of
chapter 162, in regard to trial by jury
in civil causes; presented, and re¬
ferred, 129
Resolution to amend section 12 of
chapter 95, as to fees pf harbor mas¬
ters; referred, 130
Adverse report; agreed to, 186
Resolution to amend sections 95 and
96 of chapter 35, in regard to pay of
commissioners of revenue; referred, 130
H. B. To amend section 17 of chapter
16, as to construction of statutes; re¬
ferred, 131
H. B. 91, To amend 5th section of chap¬
ter 151, as to attachment of steam¬
boats, &c.; referred, 131
494
INDEX.
Reported, and read 1st time, 145
Read 2d time, and engrossed, 173
Passed house, 176
Passed senate, 225
H. B. To amend the 4th section of
chapter 65, as to incorporation of
companies; referred, 131
H. B. 260, To amend 6th and 14th sec¬
tions of chapter 158, the 38th section
of chapter 132, and the 1st, 4th and
43d sections of chapter 171, in re¬
gard to the terms of circuit courts in
7th district; referred, 131
Reported, and read 1st time, 341
Read 2d time; amended, and passed
house, 437-8
Passed senate, 457
Resolution to amend section 36 of chap¬
ter 35, so as to exempt parsonages
from tax; referred, 136
Resolution as to amending 2d section
of chapter 151, to prevent abuse of
attachments; referred, 136
Resolution to amend section 12 of chap¬
ter 7, in regard to elections; referred, 140
H. B. 287, Therefor; reported, and
read 1st time, 385
Resolution for amending section 2 of
chapter 101, in relation to hunting,
&c.; referred, 146
H. B. 107, To repeal section 2 of chap¬
ter 101; reported, and read 1st time, 159
Read 2d time; amendment offered, and
pending, 177-8
Postponed, 188
Amended, and pending, 191-2
S. B. 44, For amending 1st section of
chapter 18; communicated, 158
Twice read, and referred, 160
Reported with amendments, 261
Amendments adopted, and passed
house, 295
Amendments of house disagreed to by-
senate, 378
H. B. 106, To amend section 6 of chap¬
ter 16; presented, and read 1st time, 159
Read 2d time, and engrossed, 177
Passed house, 219
H. B. To amend 32d, 33d and 34th
sections of chapter 49, in relation to
distress; referred, 164
Resolution for amending 33d and 34th
sections of chapter 49, for benefit of
families of insolvent debtors, 217
II. B. 246, Therefor; presented, and re¬
ferred, 307
Reported, and read 1st time, 312
Read 2d time, and engrossed, 374
Passed house, 280-1
Rejected by senate, 429
Resolution to amend section 12 of Chap¬
ter 77, in regard to lands held by
churches; referred, 167
H. B. 122, Therefor; reported, and read
1st time, 170
Read 2d time, and engrossed, 245
Read 3d time, and recommitted, 297
Reported, and placed on calendar, 297
Passed house, 303
Passed senate, 427
H. B. 125, To amend section 17 of
chapter 64, in relation to ferries; re¬
ported, and read 1st time, 175
Read 2d time, and engrossed, 245
Passed house, 300
Passed senate, 382
H. B. 120, To amend chapter 38, in
relation to assessment of taxes on
licenses; reported, and read 1st time, 167
Made order of day, 238
Taken up; proceedings on; amended,
&c.; bill pending, 248-50
Further proceedings, 254-5
Engrossed, 256
Motion to reconsider engrossment re¬
jected, 258
Passed house, 290
Passed senate with amendment, 322
Referred, 329-30
Reported, and placed on calendar, 330
H. B. 131, To amend 12th section of
chapter 191, in relation to robbery;
reported, and read 1st time, 180
Read 2d time, and engrossed, 245
Passed house, 300
Passed senate, 381
H. B. To amend the 1st section of
chapter 5, as to places of voting;
presented and referred, 188
H. B. To amend the 13th section of
chapter 157, so as to create the office
of judge for hustings court of Ports¬
mouth; referred, 216
S. B. 31, For adopting edition of 1860;
communicated; read twice, and re¬
ferred, 220
Reported, and placed on calendar, 230
Laid on table, 232
Resolution for amending section 4 of
chapter 152, as to attachment bonds;
referred, 222
Resolution to amend 12th section of
chapter 20, in relation to sketches of
acts; referred, 222
H. B. 162, To repeal 12th section of
chapter 20; reported, and read 1st
time, 227
Read 2d time, and engrossed, 317
Passed house, 326
H. B. 163, To amend act amending
13th and 14th sections of chapter
14; reported, and read 1st time, 227
Read 2d time, and engrossed, 317-18
Passed house, 326
Passed senate with amendments, 446
Amendments of senate agreed to by
house, 446
H. B. To amend 15th section of chap¬
ter 191, in relation to rape and ab¬
duction; referred, 231
INDEX.
495
S. B. 32, To amend 4th section of chap¬
ter 192, in relation to the sovereignty '*
of the state; communicated, 232
Read twice, and referred, 234
Reported, and placed on calendar, 251
Passed by, and printed, 252
Amended, and passed house, 277
Again passed house, 285
House amendments agreed to by
senate, 313
S. B. 33, To amend 15th and 16th sec¬
tions of chapter 190, in relation to
rape, &c.; communicated, 232
Read twice, and referred, 234
Reported, and placed on calendar, 251
Passed by, and printed, 252
Amendment agreed to, 277
Passed house, 285
House amendment agreed to by
senate, 313
S. B. 34, To amend 14th section of
chapter 108, as to register of mar¬
riages, &c.; communicated, 232
Read twice, and referred, 234
Reported, and placed on calendar, 251
Passed by, and printed, 252
Amended, and ordered to 3d reading, 294
Passed house, 299
S. B. 35, To amend sections 1, 3, 5, 7
and 15 of chapter 196, as to unlaw¬
ful marriages; communicated, 232
Read twice, and referred, 234
Reported with amendments, and placed
on calendar, 251
Passed by, and printed, 253
Amended, and ordered to 3d reading, 294-5
Passed house with amendments, 299
Amendments of house agreed to by
senate, 422
S. B. 37, To amend 9th section of chap¬
ter 103, defining a mulatto, &c.; com¬
municated, 232
Read twice, and referred, 234
Substitute reported with amendments,
and placed on calendar, 341
Substitute adopted, and ordered to 3d
reading, 366-7
Passed house with amendments, 371
Amendments of house agreed to by
senate, 422
S. B. 40, To amend section 5 of chap¬
ter 126, in relation to masters and
apprentices; communicated, 233
Read twice, and referred, 235
Reported, and placed on calendar, 251
Amendments offered, and rejected;
passed house, 253
Resolution for amending section 4 of
chapter 65, authorizing circuit courts
to grant charters; referred, 237
H. B. 185, To amend 3d section of
chapter 57, as to subscriptions to
joint stock companies; reported,
and read 1st time, 246
Read 2d time, and engrossed, 318
Passed house, 327
Indefinitely postponed by senate, 422
S. B. 77, To amend 24th and 29th sec¬
tions of chapter 85, and 17th section
of chapter 208, as to trial and con¬
finement of insane persons; commu¬
nicated, 248
Read twice, and referred, 250
Reported, and placed on calendar, 251
H. B. 192, To amend sections 2d and
4th of chapter 82, in relation to free
schools; reported, and read 1st time, 251
Read 2d time, and engrossed, 318
Passed house, 334
Rejected by senate, 429
H. B. 202, To amend chapter 180, in
regard to lost records; reported, and
read 1st time, 261
Read 2d time; amended, and engrossed, 319
Passed senate, 382
H. B. 203, To amend section 3 of chap¬
ter 124, as to partition; reported, and
read 1st time, 262
Read 2d time, and engrossed, 318
Passed house, 335
Passed senate, 382
H. B. 204, To amend section 12 of
chapter 128, as to proceeds of ^
lands of persons under disability;
reported, and read 1st time, 262
Read 2d time, and engrossed, 355
Passed house, 373
Passed senate, 427
H. B. 206, To amend section 1 of chap¬
ter 51, as to overseers of poor; re¬
ported, and read 1st time, 262
Read 2d time, and engrossed, 355
Passed house, 373
Passed senate, 428
Resolution to amend the 9th section of
chapter 63, to extend time for re¬
building mills destroyed; referred, 263
H. B. 212, Therefor; reported, and read
1st time, 275
Dismissed, 354
Resolution to amend chapter 135, in re¬
lation to the action of ejectment; re¬
ferred, 263
Resolution to amend chapter 134, as
to unlawful entry and detainer; re¬
ferred, 263
Resolution for repealing and amending
sections 1 and 2 of chapter 62, as to
waste lands; referred, 267
H. B. 241, Therefor; reported, and read
1st time, 312
Read 2d time, and engrossed, 374
Passed house, 380
Passed senate, 428
II. B. To amend 28th section of chap¬
ter 52, as to working county roads;
referred, 267
H. B. 209, To amend chapter 22, as to
exemptions from military duty; re¬
ported, and read 1st time. 270
496
INDEX.
Read 2d time, and substitute adopted;
recommitted, 301-2
Substitute read 2d time; amended,
and engrossed, 353-4
Passed house, 373
Passed senate with amendments, 420
Referred, 430
H. B. 216, To amend section 2 of chap¬
ter 43, as to recovery of fines; re¬
ported, and read 1st time, 279
Read 2d time, and engrossed, 356
Passed house, 373
Passed senate, 428
H. B. 217, To repeal 1st section of the
act repealing, and re-enact 2d and 9th
sections of chapter 42, as to enforc¬
ing payments into the treasury; re¬
ported, and read 1st time, 179-80
Read 2d time, and engrossed, 356
Passed house, 373
Passed senate, 428
H. B. 218, TO amend section 21 of chap¬
ter 36, as to time of paying taxes
into the treasury; reported, and read
1st time, 280
Read 2d time, and engrossed, 356
Passed house, 373
Passed senate, 428
S. B. 85, To revive 1st, 2d, 3d, 4th and
5th sections of chapter 14, as to sala¬
ries of officers at the seat of govern¬
ment; communicated, 281
Twice read, and referred, 289
Substitute reported, and placed on the
calendar, 330
Amendments to substitute rejected; or¬
dered to 3d reading, 332-3
Passed house as amended, 339
House amendments disagreed to hy
senate, and committee of confer¬
ence asked, 360
Referred to committee on finance, 362
Report of committee, 368
Agreed to by house, 372
Committee announced, 375
Substitute reported, and placed on
calendar, 407
Substitute passed senate, 407
Passed house, 414
Resolution of senate for return of bill;
communicated, 415
Agreed to, and bill returned, 419
Resolution to alter chapter 127, in re¬
lation to guardians; referred, 313
H. B. 226, To amend section 43 of chap¬
ter 112, as to land warrants; reported,
and read 1st time, 289
Read 2d time, and engrossed, 356
Passed house, 373
Passed senate, 428
H. B. 227, Amending section 47 of
chapter 58, as to depositories of
public money; reported, and read
1st time, 289
Passed by, 354
Read 2d time, and engrossed, 374
H. B. 228, To amend 2d section of
chapter 27, as to issuing arms to mi¬
litia; reported, and read 1st time, 289
Read 2d time, and engrossed, 356
Passed house, 373
Passed senate, 428
H. B. 232, To amend section 2 of chap¬
ter 52, as to commissioners of roads;
reported, and read 1st time, 298
Read 2d time; amended, and en¬
grossed, 356
Passed house, 373
Passed senate, 428
S. B. 22, Amending 4th section of chap¬
ter 141, in relation to interest; com¬
municated, 310
Read twice, and referred, 311
Committee for courts discharged, and
referred to finance, 330
Reported with amendments, and placed
on calendar, 341
Taken up, and amendment to 1st amend¬
ment of committee pending, 367
Sundry amendments rejected; bill re¬
jected; reconsidered, and passed by, 370-1
Motion to reconsider 3d reading; re¬
jected, and bill rejected, 379
Reconsidered, and passed by, 386
Taken up, and passed house, 415
Motion to reconsider entered, 416
Passage reconsidered, and bill reject¬
ed, 418-19
Motion to reconsider rejection; en¬
tered, 423
Passed by, 431
H. B. 229, To amend 3d and 5th sec¬
tions of chapter 96, in regard to or¬
dinaries; reported, and read 1st time, 298
Read 2d time, and engrossed, 356
Passed house, 373
Passed senate, 428
H. B. 230, To amend section 32 of chap¬
ter 38, as to license to sell liquor; re¬
ported, and read 1st time, 298
Read 2d time, and engrossed, 354-5
Passed house, 373
Passed senate, 428
H. B. 247, To amend 6th section of
chapter 151, as to attachments; re¬
ported, and read 1st time, 313
Read 2d time, and engrossed, 374
Passed house, 381
Passed senate, 428
H. B. 253, To amend 39th section of
chapter 184, as to payment of
county officers; reported, and read
1st time, . 330
Read 2d time, and amended; substi¬
tute adopted, and engrossed, 374-5
Passed house, 381
Passed senate, 429
H. B. 275, To amend 41st section of
chapter 171, as to judgments by
confession; referred, 331
INDEX.
497
Reported, and read 1st time, 368
Passed house, 462
8. B. 125, To amend sections 16 and
18 of chapter 14, and section 51 of
chapter 213, so as to increase the
pay of certain officers at the peni¬
tentiary; communicated; twice read,
and referred, 335
Reported, and placed on calendar, 349
Passed house, 352
S. B. 128, To amend 5th section of chap¬
ter 13, as to persons allowed to ad¬
minister oaths; communicated, 348
Twice read, and referred, 349
Reported, and placed on calendar, 357
Passed house, 370
Resolution to amend chapter 151, in re¬
lation to attachments by nonresi¬
dents; referred, 351
S. B. 110, To amend sections 21, 22,
23, 25, 27, 30, 32, 33 and 47 of chap¬
ter 101, in regard to planting, buying
and selling oysters; communicated, 353
Twice read, and referred, 357
Reported with amendment, and placed
on calendar, 368
H. B. 271, To amend section 5 of chap¬
ter 118, as to unrecorded deeds; re¬
ported, and read 1st time, 357
Read 2d time, and engrossed, 451
Passed house, 462
Resolution to amend 14th section of
chapter 123, concerning descents
and distributions; referred, 358
Resolution to amend 7th section of
chapter 110, concerning dower; .
referred, 358
H. B. 276, To amend 20th section of
chapter 199, as to unlawful gam¬
ing; reported, and read 1st time, 368
Read 2d time, and engrossed, 451
Passed house, 462
H. B. 285, To amend 1st and 6th sec¬
tions of chapter 160, relating to the
court of appeals; reported, and read
1st time, 384
Read 2d time; amended, and en¬
grossed, 440-41
Passed house, 449
H. B. 286, To amend section 43 of
chapter 172; reported, and read 1st
time, 384
Read 2d time; engrossed, and passed
house, 451
Passed senate, 463
S. B. 137, To amend section 15 of chap¬
ter 15, as to enrolling bills; commu¬
nicated, 439
Twice read, and referred, 444
Reported, and placed on calendar, 458
Passed house, 460
S. B. 143, To amend 13th, 15th, 16th
and 42d sections of chapter 182, as
to appeals, &c.; communicated, 439
Twice read, and referred, 443
63
Reported, and placed on calendar, 458
Passed house, 460
S. B. 156, To amend sections 12 and
13 of chapter 95, in regard to har¬
bor masters' fees; communicated, 439-40
Twice read, and referred, 443
Reported, and placed on calendar, 458-9
Passed by, 461
H. B. 136, To amend section 24 of
chapter 158, as to times of holding
circuit courts in the 16th circuit;
communicated, 441
Twice read, and referred, 444
Reported, and placed on calendar, 458
Passed house, 460
COLE, JAMES J. AND JAMES B.
Petition of, referred, 363
Adverse report; agreed to, 400
COLEMAN, JOHN W.
S. B. 96, Authorizing, to rebuild his
mill; communicated, 273
Read twice, and referred, 275
Committee for courts discharged, and
referred to propositions, &c. 329
Adverse report, and bill placed on
calendar, 336
Laid on table,
COLEMAN, W. D.
Arrested, and placed in custody of .
sergeant-at-arms, 123
Discharged, 126
COLLEGES.
Resolution as to lands donated by con¬
gress; referred, 37
Report of committee, 63-4
Agreed to, 69
H. B. 92, For sale of land donated for;
reported and read 1st time, 145
Read 2d time, and laid on table, 174
Amended, and engrossed, 177
Passed house, 219
H. B. 141, For relief of; presented,
and referred, 141
Reported, and read 1st time, 211
Unsuccessful motion to take up, 267
Passed by, 316, 333, 347, 353, 374, 381
Dismissed, 387
S. B. 101, For relief of, incorporated;
communicated; twice read, and re¬
ferred, 320
Reported, and placed on calendar, 336
Rejected by house; motion to recon¬
sider pending, 340
Reconsidered, and passed by, 343
Passed by, 352, 366, 370, 377
Rejected; reconsidered, and passed
house, 386-7
COLORED PERSONS.
Resolution requiring lessor of real es¬
tate to give bond that lessees shall
498
INDEX.
not be chargeable to county as pau¬
pers; referred, 59
S. B. 34, Legalizing marriages of, now
cohabiting; communicated, 232
Twice read, and referred, 234
Reported, and placed on calendar, 251
Passed by, and printed, 252
Amended, and ordered to 3d reading, 294
Passed house, 299
S. B. 37, Providing for punishment of
offences by, and admission of testi¬
mony of; communicated, 232
Twice read, and referred, 234
Substitute reported, and placed on
calendar, 341
Substitute adopted, 366
Ordered to 3d reading, 367
Passed house, 371
Amendments of house agreed to by
senate, 422
S. B. 38, To regulate contracts for la¬
bor, made with white persons; com¬
municated, 259
Twice read, and-referred, 261
Reported, and placed on calendar, 270
Amended, and ordered to 3d reading, 295-6
Passed house, 299
Amendments of house agreed to by
senate, 375
H. B. 258, In relation to testimony of;
reported, and read 1st time, 341
Read 2d time, and engrossed, 367
Passed house, 372
Passed senate, 429
COLUMBIA MANUFACTURING COM¬
PANY OF RICHMOND CITY.
H. B. 268, Incorporating; presented,
and referred, 343
Reported, and read 1st time, 350
Read 2d time, and engrossed, 405
Passed house, 408
Passed senate, 417
COMAN, J. C.
Resolution for allowing account of, as
jailor of Scott county; referred, 136
Adverse report; agreed to, 342
COMMERCIAL BANK OF RICHMOND.
H. B. 302, Incorporating; referred, 418
Reported, and read 1st time, 422
COMMERCIAL INSURANCE AND SA¬
YINGS COMPANY OF PETERSBURG.
S. B. 139, To incorporate; communi¬
cated; twice read, and referred, 375
Reported, and placed on calendar, 399
Amendment of committee agreed to,
and further amended, 403
Amendments of house agreed to by
senate, 413
COMMERCIAL SAYINGS BANK OF
RICHMOND.
S. B. 134, To incorporate; communi¬
cated, 435
Twice read, and referred, 443
Passed house, 461
COMMISSIONERS IN CHANCERY.
Resolution for increasing pay, during
stay law; referred, 161
COMMISSIONERS OF REVENUE.
Resolution for amending Code so as to
increase compensation for 1865; re¬
ferred, 130
Resolution for increasing pay during
stay law; referred, 161
H. B. 248, In relation to; presented,
and referred, 307
Reported, and read 1st time, 313
Read 2d time, and engrossed, 374
Passed house, 381
Passed senate, 458
^COMMISSIONERS OF ROADS.
See County Roads.
COMMISSIONERS TO WEST VIRGINIA.
Joint resolution for election of; agreed
to, 445
Agreed to by senate, 450
Elected, 452-6
Senate joint resolution for supplying
vacancy in board; communicated, 456
COMMITTEES.
Standing, announced, 41-42
On rules, appointed, 42
Resolution to amend rules so as to al¬
low, to elect clerks of; referred, 44
Mr. Stearns excused from service on,
of treasurer's accounts, 46
On roads, enlarged, 58
On banks, enlarged, 65
Speaker authorized to enlarge, at
"pleasure, 65
On oysters, enlarged, 71
Sundry, enlarged, 80, 84-5
Resolution for additional clerk of, 89
Taken up, and agreed to, 94
On library, and schools, and colleges,
enlarged, 91
On banks, enlarged, 94
Sundry, enlarged, 116
On house expenses, announced, 254
COMMON CARRIERS.
Resolution requiring, to file list of presi¬
dent and directors before operating;
referred, 65
COMMON SCHOOLS.
Resolution for more efficient system
of; referred, 52
COMMONWEALTH (ANCIENT).
See Virginia.
COMMONWEALTH'S ATTORNEYS.
See Attorneys for Commonwealth.
INDEX.
499
COMPANIES.
Resolution requiring bonus from, ask¬
ing charters; referred, 104
Committee of propositions, &c. dis¬
charged, and referred to finance, 124
H. B. To amend Code as to incorpora¬
tion of; referred, 131
COMPTON, J. A.
Resolution for bill for relief of; re¬
ferred, 103
H. B. 103, Therefor; reported, and read
1st time, 153
Read 2d time, and laid on table, 177
CONFEDERATE TREASURY NOTES.
H. B. 272, Concerning contracts pay¬
able in; reported, and read 1st time, 362
Read 2d time; amendments rejected;
amended, and engrossed, 423-6
Passed house; title amended, 437
Committee of conference appointed, 449
Report of committee agreed to by
senate and house, 460-61
CONFESSION OF JUDGMENT.
See Decrees and Judgments. '
CONSTABLES.
S. B. 176, For relief of; communi¬
cated, 456
Twice read, and referred, 458
Rejected; reconsidered, and passed
house, 464
Resolution to amend Code in relation
to; referred, 50
Resolution for increasing fees of; re¬
ferred, 104
Resolution authorizing twenty votes to
elect; referred, 116
Adverse report; agreed to, 180
CONSTITUTION OF UNITED STATES.
H. B. For ratifying amendment to; pre¬
sented, and referred, 45
Reported inexpedient, 56
CONSTITUTION OF VIRGINIA.
H. B. 1, To amend 3d article; laid on
table, and printed, 32
Resolution for furnishing members with
copy,
35
S. B. 1, To amend 3d article; commu¬
nicated, read three times; third read¬
ing reconsidered, 42
Amendment submitted; bill and amend¬
ment referred, 43
Reported with amendments; amend¬
ments of committee agreed to, and
bill passed house, 47
House amendment agreed to by senate, 52
Resolution for call of convention to
amend; laid on table, _ 45
Senate resolution for joint committee
as to further amendment of; com¬
municated, and agreed to by house, > 79
Committee announced, 84
Report of committee; ordinance there¬
for; reported, and read 1st time, 154
Read 2d time; amended, and en-
grossedj 223-4
Passed house, 234
Motion to reconsider; rejected, 242
Passed senate with amendment; 277
Referred to select committee, 279
Report of committee placed on calen¬
dar, 383
Agreed to, 386
Agreed to by senate with amend¬
ment, 403
Placed on calendar, 406
Senate amendment agreed to by house, 410
Resolution for call of convention to
amend; referred, 431
CONSTRUCTION OF STATUTES.
H. B. To amend Code in relation to;
referred, 131
CONTESTED ELECTIONS.
Case of, from King & Queen; referred, 32
Report of committee, 62-3
Claimant allowed to be heard at bar of
house, 66
Report of committee taken; proceed¬
ings on; report adopted, 67
CONTRACTORS ASSOCIATION.
H. B. 282, To incorporate; presented,
and referred, 370
Reported, and read 1st time, 376
Read 2d time, and engrossed, 405
Passed house, 409
Passed senate, 417
CONTRACTS.
Resolution referring governor's mes¬
sage as to, for labor; referred, 40
Resolution for regulating, for labor; re¬
ferred, 71
Resolution for summary process to de¬
cide upon, during the war; referred, 71
Resolution for joint commttee in rela¬
tion to, between express companies
and railroads, 61-2
Senate joint resolution as to, between
express and railroad companies; com¬
municated, 67
House committee appointed, 76
Resolution for giving employers a reme- ,
dy for enforcement of, for labor; re¬
ferred, 72
Resolution as to, between freedmen and
citizens for part of crop, &c.; re¬
ferred, 228
Resolution for standard of settlement
of, made during the war; referred, 252
S. B. 38, To regulate, for labor between
colored and white persons; communi¬
cated, 259
Twice read, and referred, 261
500
INDEX.
Reported, and placed on calendar, 270
Amended, and ordered to 3d reading, 295-6
Passed house, 299
Amendments of house agreed to by-
senate, 375
H. B. 221, Giving effect to, made during
the war; reported, and read 1st time, 280
Read 2d time; amended, and engrossed, 354
Passed house, 373
Passed senate, 429
H. B. 272, Concerning, payable in con¬
federate notes; reported, and read 1st
time, 362
Read 2d time; amendments rejected;
amended, and engrossed, " 423-6
Passed house; title amended, 437
Committee of conference appointed, 449
Report of committee agreed to by
senate and house, 460-1
H. B. 306, To amend act giving effect
to certain; reported, and read 1st
time, 444
See Deeds and Contracts.
CONVENTION.
Resolution for call of; laid on table, 45
Unsuccessful motion to take up, 89
Resolution for call of, to amend consti¬
tution; referred, 431
Adverse report; agreed to, 444
CONVEYANCES.
Resolution requiring benefit of, from
debtor to enure to all his creditors
during the existence of a stay law;
referred, 77-8
CONVICTS.
Resolution for keeping record of con¬
duct, in penitentiary; referred, 157
H. B. 170, Therefor; reported, and read
1st time, 230-1
Read 2d time, and engrossed, 318
Passed house, 326
Passed senate, 427
H. B. 269, Authorizing governor to
hire out, to work in coal-pits; re¬
ferred, 290
Reported, and read 1st time, 350
Read 2d time, and engrossed, 451'
Passed house, 462
Passed senate, 465
CONWAY (JUDGE).
Use of hall tendered to, for one night
for lecture, 414
COPYING.
Resolution for employing females for;
seleet committee announced, 163
H. B. 13, Therefor; reported; read
twice, and laid on table, 163
CORD MEASURE.
S. B. Declaring standard; commu-
nicated, and referred, 313
Reported, and placed on calendar, 336
Passed house, 344
CORONERS.
S. B. 176, For relief of; communicated, 456
Twice read, and referred, 458
Rejected; reconsidered, and passed
house, 464
CORPORATE PRIVILEGES.
See Charters.
CORPORATIONS.
H. B. 47, Conferring 6n circuit courts
for, the powers, &c. as in counties;
referred, 90
Reported; read twice, and printed, 101
Engrossed, 120
Passed house, 134
Passed senate, 170
Resolution limiting amount of taxes to
be levied by, on lands, &c.; referred, 60
Adverse report; agreed to, 245
COSMOS WAREHOUSE AND EXCHANGE
COMPANY.
S. B. 65, To incorporate; communi¬
cated, and referred, 261
Reported, and placed on calendar, 289
Passed by, 299
Again passed by, 1 311
Passed by, 313
Laid on table, 323
COSTS.
Resolution for taxing value of stamps
in; referred, 45
H. B. 200, Therefor; reported, and read
1st time, 261
Resolution to require security for, from
suitors in civil actions; referred, 228
COTTON GOODS.
See Woollen and Cotton Goods.
COUNTY AND CORPORATION COURTS.
Resolution to confer power on, to al¬
low private individuals to erect toll
bridges; referred, 50
Resolution authorizing, to appnint suf¬
ficient police; referred, 52
Resolution to authorize, to borrow
money, and issue bonds therefor;
referred, 57
H. B. 71, Therefor; reported, and read
1st time, 124
Read 2d time, and engrossed, 156
Passed house, 162
Passed senate, 177
Resolution forbidding, to appoint
special commissioners to settle
fiduciary accounts; referred, 68
Resolution giving, power to appoint
processioners where records are
lost; referred, 172
II. B. To amend Code so as to allow,
INDEX.
501
to prescribe place of voting; re¬
ferred, 188
Resolution authorizing, to appoint
agents to collect the public reve¬
nue; referred, 241
COUNTY MAPS.
Resolution authorizing librarian to sub¬
scribe for; referred, 116
COUNTY OFFICERS.
Resolution to amend Code as to elec¬
tion of; referred, 59
H. B. 253, To amend Code as to pay¬
ment of, by county; reported, and
read 1st time, 330
Read 2d time, and amended; substitute
adopted, and engrossed, 374-5
Passed house, 381
Passed senate, 429
COUNTY POLICE.
Resolution to amend chapter 201 as to;
referred, 33
See Police.
COUNTY ROADS.
Resolution for securing the better "
working of; referred, 67
H. B. 75, Therefor; reported, and read
1st time, 127
Read 2d time, and recommitted, 164
Committee of propositions discharged, 185
H. B. To amend Code as to working;
presented, and referred, 267
H. B. 232, To amend Code as to com¬
missioners of; reported, and read
1st time, 298
Read 2d time; amended, and engrossed, 356
Passed house, 373
Passed senate, 428
COUNTY SURVEYORS.
Resolution authorizing, to administer
oaths in certain cases; referred,
258
COUPON BONDS.
Resolution for converting registered
bonds into; referred, 35
H. B. 62, Therefor: reported, read
twice, and printed, 113
Taken up, and engrossment rejected, 129
Resolution for conversion of registered
bonds into; referred, 40
Resolution for statement from auditor
as to amount of, outstanding, 58
Response of auditor; laid on table,
and printed (Doc. No. 9), 73
Resolution for paying interest on, to
certain citizens; referred, 122
COURT OF APPEALS.
Resolution for statement of amount
paid for publishing decisions of,
since 1840; referred, 121
Response of auditor; laid on table, 129
Resolution for reporting abstract of re¬
ports of; referred, 216
Message from governor in relation to
omission in naming sections of
judges; referred, 359
H. B. 285, To amend Code relating
to; reported, and read 1st time, 384
Read 2d time; amended, and en¬
grossed, 440-41
Passed house, 449
Passed senate, 463
See Judges.
COURTS OF JUSTICE.
Resolution as to validity of acts of,
held at improper places during
the war; referred, ' 39-40
H. B. 109, Therefor; presented, and
referred, 51
Reported, and read 1st time, 223
Passed house, 233
Passed senate, 288
Governor's message relating to pro¬
ceedings of, during war; referred, 44
H. B. 221, Giving effect to proceed¬
ings of, during the war; reported,
and read 1st time, 280
H. B. 260, To amend Code as to terms
of; presented, and referred, 131
Reported, and read 1st time, 341
Passed by, 388
Read 2d time; amended, and passed
house, 437-8
Passed senate, 457
COVINGTON AND OHIO RAILROAD
COMPANY.
Resolution as to legislation for com¬
pleting; referred, 222
H. B. 273, To incorporate; reported,
and read 1st time, 362
Read 2d time; amended, and en¬
grossed, 410-412
Passed house, 414
Passed senate, 417
S. B. 164, To amend charter; commu¬
nicated, ' 448
Twice read, and referred, 458
Laid on table, 464
COWLES, DAVID S.
H. B. For relief of; presented, and
referred,
71
CRAWFORD, JAMES W.
Resolution for paying him amount due
for supplies to penitentiary; referred, 89
Adverse report; laid on table, 159
See Claims.
CREDIT SYSTEM.
Resolution of Mr. Ellis for relief of cer^-
tain persons injured by; referred, 104
502
INDEX.
CRIMINALS.
H. B. 67: Amending Code as to fees of
office for taking care of; reported,
and read 1st time, 122
Read 2d time, and engrossed, 156
Passed house, 162
Passed senate, 214
CROPS.
H. B. 89, For protection of, in certain
counties; presented, and referred, 35
Committee discharged, and referred to
agriculture, &c. 46
Reported, and read 1st time, 138
Read 2d time; amended, and en¬
grossed, 173-4
Passed house, 176
Passed senate with amendments, 191
Referred, * 215
Reported; two amendments of senate
agreed to, and two disagreed to, 226
Report of committee agreed to by
house, 229
Senate recede from amendments, 250
Resolution to embrace King George
and Stafford in act for protection
of; referred, 39
CUMBERLAND GAP AND VIRGINIA
RAILROAD COMPANY.
See Virginia and Cumberland Gap Rail¬
road Company.
DAN RIVER MANUFACTURING CO.
S. B. 123, To incorporate; commu¬
nicated; twice read, and placed on
calendar, 335
Passed house, 340
Motion to reconsider passage; re¬
jected, 344
DANVILLE.
Resolution for amending charter; re¬
ferred, 45
H. B. 22, Therefor; reported; twice
read, and engrossed, 74
Passed house, 82
Communicated to senate, 85-6
Passed senate, 87
Resolution for amending charter, 140
H. B. 98, Therefor; reported, and read
1st time, 152
Read 2d time, and engrossed, 173
Passed house, 176
Passed senate, 225
DAVIS, JEFFERSON.
Senate joint resolution for release of;
read twice, and laid on table, ,64
Unsuccessful motion to take up, 82-3
Taken up, and agreed to by house, 87
House committee announced, 91
Report of committee, 107-8
Agreed to by senate and house, 108
Resolution requesting governor to
communicate to the president, 111-12
DAVIS, THOMAS K.
H. B. Refunding damages to securi¬
ties of; referred,
Adverse report; agreed to,
228
342
DEAF, DUMB AND BLIND INSTITU¬
TION.
Senate resolution for joint commit¬
tee to visit; communicated, and
laid on table, 93
Unsuccessful motions to take up, 94, 111
Resolution for sub-committee to visit;
referred, 212
DEBATE.
Resolution to limit speeches to fifteen
minutes; postponed, 313
Referred to committee on rules, 321
DEBTS.
Resolution for suspending proceed¬
ings for collection of, for a given
period; referred, 38
H. B. 31, Therefor; reported, and read
1st time, 80
Made order of day, 99
Order postponed, 103
Taken up, and postponed, 108-9
Again postponed, 125,129,134
Substitute offered; hill and substitute
recommitted, 135
Report of committee printed; bill laid
on table, &c. 206, 211
Resolution for assumption of, by state,
due by citizens under act of con¬
gress; referred, 40
H. B. 76, Therefor; reported; read
twice, and engrossed, 127
Engrossment reconsidered; amended;
engrossed, and passed house, 134
Resolution for scaling, contracted
during the war; referred, 100
Resolution for fixing principle of set¬
tlement between individuals; re¬
ferred, 100
H. B. 50, Staying collection of, for a
limited period; reported; read
twice; amended, and engrossed, 101-2
Passed house, 103
Passed senate, 105
S. 'B. 26, Amending 2d section of act
staying the collection of; communi¬
cated; read three times, and pass¬
ed house, 110
Resolution for amending act of De¬
cember 1865, staying collection of;
referred, 110
H. B. 61, Amending act staying col¬
lection of; reported; amended, and
engrossed, 110
Passed house, 113
Resolution of Mr. Straughan embo¬
dying certain provisions staying
collection of; referred, 166
Resolution for filing and classifying
INDEX.
503
against dead men's estates; re¬
ferred, 112
H. B. 184, For staying collection of
certain; referred, 173
Adverse report; placed on calendar,
and printed, 239
Senate preamble and resolution in re¬
lation to, due by citizens under act
of congress of 1861; communicated, 206
Bead twice, and placed on calendar, 215
Taken up, and rejected by house, 217
H. B. 140, To stay collection of, for a
limited period; reported, and read
1st time, 211
Taken up, and made special order, 239
Taken up; amendments offered; un¬
finished, 259-60
Postponed, 268
Again postponed, 272
Further proceedings; amended; amend¬
ment pending, 274
Taken up; amended; amendment pend¬
ing, 278
Taken up; amended; proceedings on;
engrossed, and printed, 285, 288
Motion to reconsider engrossment;
passed by, 299
Engrossment reconsidered, 307-8
Further proceedings; amended, and en¬
grossed, 308-9
Passed by, 316
Passed house, ,324
Passed senate with amendments, 423
Senate amendments disagreed to, and
committee of conference appoint¬
ed, 426-7
Committee of conference agreed to by
Senate, 429
Report of committee, and new com¬
mittee announced, 431-2
Report of 2d committee agreed to, 440
Agreed to by senate, 448
Resolution for standard of settlement
of, contracted during the war; re¬
ferred, 252
DECEDENTS.
Resolutions for filing claims against N
estate of, and classifying the same;
referred, 112
DECREES AND JUDGMENTS.
Resolution to amend stay law as to
sales under; referred, 49
H. B. 273, To amend Code as to, by
confession; referred, 331
Reported, and read 1st time, 368
Passed house, 462
DEEDS AND CONTRACTS.
Resolution for recognizing validity of,
made during late war; referred, 60
H. B. 271, To amend Code as to unre¬
corded; reported, and read 1st time, 357
Read 2d time, and engrossed, 451
Passed house, 462
DEEDS OF TRUST.
Resolution to prohibit freedmen from
giving, on growing crop, &c.; re¬
ferred, 228
Adverse report; agreed to, 369
DEPOSITARIES OF PUBLIC MONEY.
Resolution as to legislation in regard
to; referred, 95
H. B. 227, To amend Code therefor;
reported, and read 1st time, 289
Passed by, 354
Read 2d time, and engrossed, 374
Passed house, 380
DESCENTS AND DISTRIBUTIONS.
Resolution to amend law so as to en¬
large rights of widow and infants;
referred, 87
Resolution to amend Code concerning;
referred, 358
DICKINSON, WILLIAM.
S. B. 83, Concerning estate of; com¬
municated, 267
Read twice, and placed on calendar, 269
Passed by, 295
Passed house, 299
DIPLOMAS.
See Physicians.
DISABILITY. .
H. B. 204, Amending Code as to pro¬
ceeds of lands of persons under; re¬
ported, and read 1st time, £62
Read 2d time, and engrossed, , 355
Passed house, 373
Passed senate, 427
DISABLED SOLDIERS.
See Soldiers.
DISTILLATION.
Resolution to prevent, of grain; re¬
ferred, 71
Adverse report; agreed to, 81
Petition of citizens of Appomattox in
relation to, of grain; referred, 177
Again referred, 216
Committee discharged, 227
DISTRESS AND LEVY.
Resolution to exempt real estate to a
certain amount from, in case of hus¬
band or parent, 115
H. B. To amend Code in relation to;
referred, 164
Resolution to amend Code so as to
provide further exemptions from;
referred, 217
H. B. 246, Therefor; presented, and
referred, 307
Reported, and read 1st time, 312
504
INDEX.
Read 2d time, and engrossed, 374
Passed house, 380
Rejected by senate, 429
DISTRIBUTION.
See Descents and Distributions.
DIVISION OP THE STATE.
See Virginia.
DOVER COMPANY.
S. B. 41, To incorporate; communi¬
cated, 218
Read twice, and referred, 220
Reported with amendments, and placed
on calendar, 226
Amendments of committee rejected;
bill passed; motions to reconsider;
severally rejected, 233
DOWER.
Resolution to amend law in regard to,
so as to enlarge rights of widow; re¬
ferred, 87
H. B. 199, Therefor; reported, and read
1st time, 261
Read 2d time, and engrossed, 318
Passed house, 334
Passed senate, 382
Resolution to amend Code concerning;
referred, 358
DUNNINGTON, V. G.
Petition of, for pay of prison fees as
sergeant of Lynchburg; referred, 146
Adverse report; laid on table, 159
See Claims.
EASTERN LUNATIC ASYLUM.
See Lunatic Asylums.
EDUCATION.
Resolution as to lands donated by con¬
gress for; referred, 37
Report of committee, 63-4
H. B. 92, For sale of lands or scrip do¬
nated for; reported, and read 1st
time, 145
Read second time, and laid on table, 174
Amended, and engrossed, 177
Passed house, 219
Passed senate, 240
Resolution for commissioners to devise
plan of popular; referred, 237
H. B. 190, Therefor; reported; read 1st
time, and placed on calendar, 251
Read 3d time, 327
Rejected; reconsidered, and recommit¬
ted, 328
Reported with amendments, and placed
on calendar, 336
Amended, and rejected, 345
EJECTMENT.
Resolution to amend Code in relation
to action of; referred, 263
ELECTION DISTRICTS.
Resolution for calling, in alphabetical
order, for petitions, &c. 44
Referred to committee on rules, 70
Resolution for calling for petitions,
&c. from, in alphabetical order, 72
ELECTION PRECINCTS.
Resolution to change, in Wythe and
Southampton counties; referred, 38
Resolution for establishing one in Pitt
sylvania county; referred, 140
H. B. 95, Therefor; reported, and read
1st time, 151
Read 2d time, and engrossed, 173
Passed house, 176
Passed senate, 457
Resolution for change of one in Roan¬
oke county; referred, 140
H. B, 94, Therefor; reported, and read
1st time, % 151
Read 2d time, and engrossed, 173
Passed house, 176
H. B. 96, Declaring the house of Capt.
R. D. Seaman, in Nelson county, one;
reported, and read 1st time, 151
Read 2d time, and engrossed, 173
Passed house, 176
Passed senate, 215
Resolution for making Sykes' island, in
Accomack, one; referred, 191
Report of committee agreed to, 206
ELECTIONS.
Resolution to amend Code in relation
to, of county officers; referred, 59
H. B. 26, Therefor; reported, and read
1st time, 80
Read 2d time, and engrossed, 117
Passed house, 118
Passed senate, 144
Resolution to amend act changing man¬
ner of certifying, &c.; referred, 140
II. B. 287, Therefor; read 1st time, and
placed on calendar, 385
Read 2d time, and engrossed, 451
Passed house, 462
II. B. To amend Code as to places of
holding; presented, and referred, 188
ELEY, WILLIAM.
Petition of, for change in the mode of
collecting taxes; referred, 231
Adverse report; agreed to, 245
ELLIOTT, MRS. BETTIE C.
Petition of; referred, 337
Adverse report; agreed to, 341-2
ELLIS, WILLIAM H. C.
Letter of resignation laid before house, 362
EMIGRATION.
Joint resolution of senate for joint
committee on; communicated, and
adopted, 54
INDEX.
505
Committee announced, 62
See Immigration.
Mr. Hansbrough's resolution on invi¬
ting laboring class at the North to
settle in "Virginia; referred to joint
committee on, 77
*ENCLOSUEES.
Eesolution to amend Code in relation
to; referred, 37
Eesolution to amend Code as to com¬
mon line fence; referred, 48
Eesolution for making boundaries of
farms lawful fences; referred, 50
H. B. Authorizing county courts to dis¬
pense with; referred, 68
Petition of citizens of Frederick coun¬
ty in regard to; referred, 72
H. B. 89, Eelating to, and for the pro¬
tection of crops; reported, and read
1st time, 138
Eead 2d time; amended, and engross¬
ed, 173-4
Passed house, 176
Passed senate with amendments, 191
Eeferred, 215
Eeported; two amendments of Senate
agreed to, and two disagreed to, 226
Eeport of committee agreed to by
house, 229
Senate recede from amendments, . 250
Letter in relation to; referred, 168
Eemonstrance of citizens of Prince Wil¬
liam against repeal of law of; re¬
ferred, 216
Petition of citizens of Clarke and War¬
ren in relation to; presented, and re¬
ferred, 221-2
Committee discharged, 226-7
See Bills.
ENEOLLED BILLS.
ESTILLVILLE AND PATTONSBUEG
TUENPIKE.
Eesolution for transferring, to. Scott
county, 190
EVENING SESSION.
Eesolution for; adopted,
438
EVIDENCE.
Eesolution to repeal Code as to, of
Indians and negroes; referred,
H. B. 183, To amend Code as to, of
records and papers; reported, and
read 1st time,
Eead 2d time, and engrossed,
Passed house,
EXALL, HENEY.
Communication in relation to regula¬
ting the heat of the hall; referred,
EXEMPTIONS.
See Distress and Levy.
64
40
239
318
327
414
EXPEESS BUSINESS.
Eesolution authorizing railroads to
do, and regulating charges for; re¬
ferred, 68
S. B. 78, To regulate over railroads
in Virginia; communicated, 328
Twice read, and referred, 329
Adverse report; placed on calendar, 399
Passed by, 416, 436-7, 448, 459
EXPEESS COMPANIES.
See Express and Transportation Companies.
EXPEESS AND TEANSPOETATION
COMPANIES.
Eesolution for joint committee to en¬
quire as to contracts of, with rail¬
roads, 61-2
Senate joint resolution as to contracts
with railroads, &c.; communicated, 67
House committee appointed, 76
H. B. 288, Eegulating and restricting;
presented, and referred, 247
Eeported, and read 1st time, 385
Passed by, 437
EXTENSION OF SESSION.
See General Assembly.
FAIEFAX COUNTY.
H. B. To amend act for protection of
crops in; presented, and referred, 35
Committee discharged, and referred to
agriculture, &c. 46
Eesolution to amend act for protection
of crops,, so as to embrace King
George and Stafford counties, 39
Petition of citizens of, for relief, as to
taxes; referred, 76
S. B. 97, Authorizing county court to
remit taxes in certain cases; commu¬
nicated, 296
Eead twice, and referred, 298
Eeported, and placed on calendar, 320
Eejected by house, 323
Unsuccessful motion to reconsider; re¬
jected, 339
FAEMEES AND MINEES SAVINGS
BANK OF ALLEGHANY.
S. B. 75, To incorporate; communi¬
cated, 328
Eead twice, and referred, 329
Eeported, and placed on calendar, 376
Passed house, 402
FAEMING.
Eesolution for rules to govern negroes
working on; referred, 62
FAST COAST STEAMEES.
S. B. 64, For encouragement of, be¬
tween New York and southern ports;
communicated, 259
Twice read, and referred, 261
506
INDEX.
FAUNTLEROY, JOHN M.
S. B. 24, Authorizing, to establish a
ferry across Mattapony river; com¬
municated; read twice, and referred, 109
Substitute reported, 123
Substitute agreed to, and passed house, 133
House amendment agreed to with
amendment, and referred, 383
Reported, and placed on calendar, 399
Senate amendment agreed to by house, 402
FAUQUIER COUNTY.
Memorial of citizens to authorize court
to borrow money, for county pur¬
poses, and leave for bill therefor;
memorial referred, 36
H. B. 6, Therefor; read 1st time, 48
Read 2d time, and engrossed, 56
Passed house, 66
Passed senate, 94
FEES.
Resolution to amend Code so as to re¬
quire prepayment of, to certain offi¬
cers; referred, 57-8
H. B. 27, Therefor; reported, and read
1st time, 80
Read 2d time, and engrossed, 117
Passed house, 118
Rejected by senate, 226
H. B. 67, Amending Code as to, of offi¬
cers for taking care of criminals; re¬
ported, and read 1st time, 122
Read 2d time, and engrossed, 156
FEMALES.
Resolution for select committee as to
employing, for certain copying;
committee announced, 163
H. B. 113, Therefor; reported; read
twice, and laid on table, 163
Amended, and engrossed, 177
Rejected by house; vote reconsidered;
passed by, 219
Taken up, and again rejected, 222
S. B. 81, To employ, in copying; com¬
municated, 254
Read twicd, and referred, 256
Reported, and placed on calendar, 289
Taken up; proceedings on, and bill
rejected, 291-2
FENCE LAW.
See Enclosures.
FENCES.
See Enclosures.
FERRIES.
H. B. 125, To amend Code in relation
to; reported, and read 1st time, 175
Read 2d time, and engrossed, 245
Passed house, 300
Passed senate, 382
FERTILIZERS.
Resolution for procuring, on credit of
state for citizens; referred, 241
Adverse report; agreed to, 280
Resolution limiting charges for trans¬
portation of; referred, 314
See Clover Seed, &c.
FICKLIN, J. B.
H. B. 299, Authorizing, to establish a
ferry across the Rappahannock; re¬
ferred, 407
Reported, and read 1st time, 418
FIDUCIARIES.
Resolution for relief of, who received
confederate money; referred, 49
Resolution authorizing, to make leases
for longer time than disabilty of
principal; referred, ' 66
Resolution requiring, to settle accounts
in proper counties; referred, 67
Resolution to forbid appointment of
special commissioners to settle ac¬
counts of; referred, 68
FINES.
Resolution of enquiry as to amount paid
by justices in Alexandria, 1st Janu¬
ary 1862; referred, 87
Response of auditor thereto; laid on ta¬
ble, 109
H. B. 216, To amend Code as to recov¬
ery of; reported, and read 1st time, 279
Read 2d time, and engrossed, 356
Passed house, 373
Passed senate, 428
FIRE COMPANIES.
H. B. To authorize the number of mem¬
bers to be increased; referred, 145
FIRE INSURANCE COMPANY OF
ALEXANDRIA.
H. B. 32, To amend charter; referred, 65
Reported; read twice, and engrossed, 80
Passed house, 86
Passed senate with amendment, 112
Amendment of senate agreed to by
house, 113
FISHERIES.
Resolution for taxing; referred,
FISHING.
See Hunting and Fishing.
105
FLEET, BENJAMIN.
H. B. Legalizing ferry at Dunkirk be- '
longing to estate of; presented, and
referred, HI
FLOUR.
See Inspection of Flour.
INDEX.
507
FLOURNOY, MRS. M. W.
Petition for pay for taking care of a
lunatic; referred, 120
Report of committee, 413
Agreed to, 414
FLOYD COURTHOUSE AND CHRIS-
TIANSBURG TURNPIKE.
Resolution for change of location; re¬
ferred, 45
H. B. 15, Therefor; reported, 69
Read 1st time, 70
Read 2d time, and engrossed, 72
Passed house, 76
Passed senate, 95
FLOYD COURTHOUSE AND GRAYSON
TURNPIKE.
Resolution for transferring a portion of,
to Carroll county; referred, 76
FOREIGN INSURANCE COMPANIES.
See Insurance Companies.
FOX, GEORGE R.
Petition of, asking compensation for
services as commissioner of reve¬
nue for 1862; referred, 222
Adverse report; agreed to, 342
FREDERICK COUNTY.
Petition of citizens of, in regard to
fence law; referred, 72
FREDERICKSBURG.
H. B. 293, Authorizing council to fund
interest on debt; reported, and placed
on calendar, - 406
Read 2d time, and engrossed, 408
Passed house, 437
Passed senate, 457
FREDERICKSBURG AND GORDONS
VILLE RAILROAD.
Resolution for giving state's invest¬
ment in, to any company; referred, 83
H. B. 44, Therefor; reported; read
twice, and printed,
Engrossed, 111
Engrossment reconsidered, and bill
laid on table, 113
Substitute adopted, and engrossed, 119
Passed house, . 133
Passed senate, 139
H. B. 177, Extending charter; pre¬
sented, and referred, 221
Reported, and read 1st time, 236
Read 2d time; amended, and engrossed, 285
Passed house, 293
Passed senate, 320
H. B. To authorize, to extend road to
Charlottesville; referred, 331
FREEDMEN.
Resolution referring governor's mes¬
sage relating to; referred, 44
Joint resolution in regard to the neces¬
sary legislation as to; referred, 99
Resolution as to contracts of, with citi¬
zens for part of crop, &c.; referred, 228
Adverse report; agreed to, 369
FREEDMEN'S BUREAU.
Resolution from senate for joint com¬
mittee to confer with; passed house, 53
Committee announced, 62
Leave granted committee to sit during
sessions, 68
Report of committee; laid on table, 109
Resolution*for compensating citizens
for services as members of court
of; referred, 88
Adverse report; agreed to, 97-8
Resolution for paying, out of county
levy, persons associated with agent
in the settlement of accounts of
freedmen; referred, 222
Adverse report; agreed to, 369
FREE SCHOOLS.
H. B. 1*92, To amend Code in relation
to; reported, and read 1st time, 251
Read 2d time, and engrossed, 318
Passed house, 334
Rejected by senate, 429
FRIENDSHIP FIRE COMPANY OF
ALEXANDRIA.
H. B. 235, To incorporate; presented,
and referred, 267
Reported, and read 1st time, 306
Read 2d time, and engrossed, 360
Passed house, 404
Passed senate, 428
GAMING.
H. B. 276, To amend Code in regard
to witnesses in prosecutions for; re¬
ported, and read 1st time, 368
Read 2d time, and engrossed, 451
Passed house, 462
GARROTING.
See Robbery and Garroting.
GENERAL ASSEMBLY.
Resolution to amend Code in relation
to pay of officers of; referred, 70
H. B. 23, Therefor; reported; twice
read, and engrossed, 74
Passed house, 82
Passed senate, 86
Resolution for joint committee to con¬
tract for printing for, &c. 90
Taken up; amended, and agreed to by
bouse, 94
Joint resolution for extending session
of; referred, 215-16
Adopted by house, 221
Agreed to by senate, 226
508
INDEX.
GLENDOWER MINING COMPANY.
S. B. 152, To revive and amend charter;
communicated, 439
Twice read; referred; reported, and
placed on calendar, 443
Passed house, 462
GOODSON.
H. B. 48, Providing for election of
mayor, &c.; reported; read twice,
and printed, 101
Amended and engrossed, 120
Laid on table, 134
GOODWIN, WILLIAM E.
S. B. 153, Eor relief of; communicated 439
Twice read, and referred, 442
Reported, and placed on calendar, 458
Passed house, 461
GOVERNOR.
Senate resolution to inform, of organi¬
zation of general assembly; con¬
curred in, and committee appointed, 6
Report of committee; message of, 7-32
Message of; printed, . 32
Message in relation to death of Little¬
ton Tazewell; laid on table, 34
Message in relation to negro testimony;
referred, 35
Message in relation to militia; referred, 36
Message as to legal interest; referred, 37
Message in relation to public printer;
referred to joint committee, 37
Message in relation to collection of
taxes; referred, 37
Message relating to insurance compa¬
nies and oysters; referred,
Message relating to schools; referred, 39
Message as to contracts for labor; re¬
ferred, 40
Message in relation to proceedings of
courts during the war; referred, 44
Message in relation to freedmen; re¬
ferred, 44
Message in relation to repairs of capi-
tol and grounds; referred, 51
See Public Buildings.
Message in relation to consolidation of
railroads; referred, 53
Message in relation to mode of collect¬
ing taxes; referred, 65
See Taxes.
Message as to banks; referred, 68
Communication transmitting report of
directors of penitentiary; referred, 73-4
Finance committee discharged; re¬
ferred to penitentiary committee, 85
Resolution as to duration of terms of
judges and other officers appointed
by; referred, 130
Report of committee; laid on table, 132
Taken up, and concurred in, 154
Communication in regard to conduct of
board of directors of Eastern lunatic
asylum; referred, * 151
Communication transmitting claim of
New York and Virginia steamship
company; referred, 179
Message in relation to the Lynchburg
and Danville, and the Valley rail¬
roads; referred, 314
Message nominating judges of court of
appeals and circuit courts; referred, 342
Report of committee and resolutions;
presented, 363-5
Amended, and adopted, 366
GOVERNOR'S HOUSE.
Resolution referring auditor's report as
to repairs of, 77
Resolution for repairs and furniture for;
referred, 90
S. B. 82, Therefor; communicated, 281
Read twice, and referred, 288
Reported, and placed on calendar, 306
Passed house, 310
Resolution for dispensing with gardener
at; referred, 268
Adverse report; agreed to, 312
GRADUATES IN MEDICINE.
See Medicines and Licenses.
GRAHAM, WILLIAM R.
Petition for permission to build dam
across Powell's river; referred, 44
H. B. 21, Therefor; reported; twice
read, and engrossed, 74
Passed house, 82
Passed senate, 112
GRAIN.
Resolution to prevent distillation of;
referred, 71
Adverse report; agreed to, 81
Petition of citizens of Appomattox
against distilling; referred, 177
Again referred, 216
Committee discharged, ■ 227
GRANT (DR).
Resolution requiring report from, of
mineral resources of state; referred, 7 8
Report of committee; laid on table, 81
GREAT SOUTHERN INLAND NAVIGA¬
TION COMPANY.
H. B. 198, To incorporate; presented,
and referred, « 121
Reported, and read 1st time, 256
Unsuccessful motion to take up, 294
Read 2d time, and engrossed, 318
Passed house, 334
Passed senate, 382
GREEN, GENERAL DUFF.
Memorial of, for charter of American
industrial agency; referred, 47
Adverse report; agreed to, 92
Use of hall allowed to, for one even¬
ing, 240-41
INDEX.
509
GUANO.
Resolution for procuring, on credit of
state for citizens; referred, 241
Adverse report; agreed to, 280
GUARDIANS.
Resolution to amend Code in relation
to, paying or demanding compound
interest; referred, 281
Adverse report; agreed to, 313
GYPSUM.
See Clover Seed, &c.
HABEAS CORPUS.
Senate joint resolution for restoration
of the writ of; read twice, and laid
on table, 64
Unsuccessful motion to take up, 82-3
Taken up, and agreed to by house, 87
House committee announced, 91
Report of committee, 107-8
Agreed to by senate and house, 108
Resolution requesting governor to com¬
municate to the. president, 111-12
HALL OF HOUSE OF DELEGATES.
Communication of Henry Exall in re¬
gard to regulating heat of; referred, 414
See House of Delegates.
HAMPDEN SIDNEY COLLEGE.
Petition of trustees for payment of in¬
terest due on state securities; re¬
ferred, 135
HAMPTON STEAMBOAT COMPANY.
H. B. 196, To incorporate; presented,
and referred, 121
Reported, and read 1st time, 256
Read 2d time, and engrossed, 318
Passed house, ' 334
Passed senate, 382
HARBOR MASTERS.
Resolution to amend Code so as to in¬
crease fees; referred, 130
Adverse report; agreed to, 186
S. B. 156, To amend Code in relation
to fees of; communicated, 439-40
Twice read, and referred, 443
Reported, and placed on calendar, 458-9
Passed by, 461
HARLOW, JOHN S.
S. B. 165, For relief of; communi¬
cated, 480-31
Read twice, and referred; reported, and
placed on calendar, 444
Passed house, 460
Petition of; referred, 439
HARRISONBURG.
H. B. 48, Providing for election of
mayor, &c.; reported; twice read,
and printed, 401
Amended, and engrossed,
Laid on table,
120
134
HENRITZIE, JAMES J.
H. B. 231, For relief of, as clerk elect
of Russell county; reported, and read
1st time, ' 298
Unsuccessful motion to take up, 317
Read 2d time, and engrossed, 356
Passed house, 359
Passed senate, 422
HILLSVILLE AND PATRICK COURT¬
HOUSE TURNPIKE.
Resolution for transferring state's inte¬
rest in, to Carroll and Patrick coun¬
ties; referred, 137
HOBDAY, JOSEPH.
Petition for compensation as commis¬
sioner of revenue; referred, 54
Adverse report; agreed to by house, 92
HOUSTON TURNPIKE.
Resolution for transferring to Bland
county; referred,
38
HORSE STEALING.
Resolution for making, a capital of¬
fence; referred, 116
H. B. 108, Therefor; reported, and
read 1st time, 159
Read 2d time; amendment rejected; hill
engrossed, 219-20
Passed house, 222
Passed senate!, 341
HORSES, MULES AND JENNETS.
H. B. More effectually to punish lar¬
ceny of; presented, and referred, 140
HOURS OF MEETING.
Resolution to fix, from 9 A. M. to 5
P.M. 58
Taken up, and laid on table, , 70
Unsuccessful motions to change, 246
Motion to change to 11 o'clock A, M.
on to-morrow; agreed to, 262
Changed to 11 o'clock A. M. 270
Resolution for change of; rejected, 423
Changed to 10 o'clock A. M. 440
Motion to change; rejected, 445
HOUSE OF DELEGATES.
Quorum announced, and clerk elected, 3
Speaker elected, 4
Sergeant-at-arms elected, 5
First door keeper elected, 6
Second door keeper elected, 7
Order for clerk to have printing exe¬
cuted for, 90
Resolution for changing mode of regu¬
lating temperature of hall; referred, 136
Resolution of enquiry as to the print¬
ing for; referred, 146
510
INDEX.
Report of committee; laid on table, 167
Committee on expenses of, announced, 254
HOUSES OF ENTERTAINMENT.
See Ordinaries.
HOUSES AND LANDS.
See Real Estate.
HUNDLEY & CANCE.
Petition of, for pay for bread furnished
penitentiary; referred, 71
Adverse report; laid on table, 159
Taken up; motion to recommit; pend¬
ing, 217
Committed to courts of justice, 221
Majority and minority reports; printed, 275
Further proceedings, and passed by, 331
HUNTER, R. M. T.
Resolution for pardon of; referred,
and committee named, 45
Report of committee amended, and
adopted, 47
HUNTING AND FISHING.
Resolution to amend Code so as to ap¬
ply provisions of, to whole state; re¬
ferred, 59
Resolution to amend Code in relation
to; referred, 146
H. B. 107, Therefor; reported, and
read 1st time, 159
Read 2d time; amendment offered,
and pending, 177-8
Postponed, 188
Amended, and left pending, 191-2
H. B. 156, To prevent unlawful; re¬
ported, and read 1st time, 220
Read 2d time; amended, and engrossed, 319
. Passed house, 326
Passed senate, " 381
HURT, HENRY H.
Resolution for paying the amount due,
for conveying lunatic to the asylum;
referred, 247
H. B. 193, For relief of; reported, and
read 1st time, 256
Read 2d time, and engrossed, 293
Passed house, 300
Passed senate, 331
HYCO RIVER.
Memorial of Robert L. Ragland and
others for declaring, a lawful fence;
referred, 271
II. B. 233, Therefor; reported, and
read 1st time, 306
Read 2d time, and engrossed, 356
Passed house, 359
Passed senate, 428
IMMIGRANT LABOR.
S. B. 174, To protect; communicated,
and passed house, 450
IMMIGRATION.
H. B. 139, To promote and encourage;
reported, and read 1st time, 187
Read 2d time, and amended; pending, 304
Amended, and passed by, 310
Again passed by, 314
Rejected, 333
Resolution for providing against the im¬
portation of paupers; referred, 307
S. B. 49, To promote and encourage,
into the state; communicated, 448-9
Twice read, and referred, 458
Passed house, 463
S. B. 174, To encourage; communi¬
cated, 450
See Taxes.
IMPOSTS.
INCOMES.
See Assessment.
INCORPORATED COLLEGES.
See Colleges.
INCORPORATED COMPANIES.
Resolution to require security deposit
and bonus from; referred, 115
Resolution to require one-half of capi¬
tal to be paid in before operating; re¬
ferred, 190
See Companies.
INDIANS.
Resolution to repeal Code as to evi¬
dence of; referred,
40
INDICTMENTS. #
Resolution allowing service of ordinary
keepers on juries in cases of; referred, 51
Reported inexpedient, 55
INDUSTRIAL MINING AND MANUFAC¬
TURING COMPANY.
H. B. 213, To incorporate; referred, 257
Reported, and read 1st time, 275
Read 2d time, and engrossed, 355
Passed house, 359
Passed senate, 428
S. B. 99, To incorporate; communi¬
cated, 284
Twice read, and referred, 289
Reported, and placed on calendar, 306
Passed house, 310
INSANE PERSONS.
S. B. 77, To amend Code as to trial and
confinement of; communicated, 248
Read twice, and referred, 250
Reported, and placed on calendar, 251
INSOLVENT DEBTORS. .
Resolution to amend Code for benefit
of families of; referred, 217
H. B. 246, Therefor; presented, and
referred, 307
INDEX.
511
Reported, and read 1st time, 313
Read 2d time, and engrossed, 374
Passed house, 280-81
Rejected by senate, 429
INSPECTION OF FLOUR.
Resolution to amend act amending
Code in relation to fee allowed at
Richmond; referred, 95
H. B. 148, Therefor; reported, and read
1st time, 215
Read 2d time, and engrossed, 317
Passed house, 325
Passed senate, 382
INSPECTIONS.
Resolution to repeal all laws relating
to; referred, 167
Committee for courts discharged;
referred to agriculture, &c. 170
Adverse report; laid on table, 240
INSURANCE COMPANIES.
Resolution for incorporating, in Rich¬
mond city; referred, 36
Resolution referring governor's mes¬
sage relating to, 38
Joint resolution referring governor's
message relating to; rejected, 60
Resolution requiring security for pay¬
ment of losses by foreign compa¬
nies, and preventing agents from
avoiding tax; referred, 60
Adverse report; agreed to, 98
H. B. 86, Requiring deposit of securi¬
ties by foreign; reported, and read 1st
time, 138
Read 2d time, and recommitted, 166
Reported with amendments, 186
Amendments of committee agreed to;
further amendments, and hill en¬
grossed, 238-9
Passed house, 242
Passed senate, 288
INSURANCE COMPANY OF AMERICA.
H. B. 54, To incorporate; presented,
and referred, 99
Reported; read twice; amended, and
printed, ' 106
Laid on table, 120
Taken up; amended, and engross¬
ed, 168, 170
Passed house, 171
INSURANCE COMPANY OF THE VAL¬
LEY OF VIRGINIA.
H. B. 83, To amend charter; pre¬
sented, and referred, 132
Reported, and read 1st time, 138
Read 2d time, and engrossed, 165
Passed house, 171
Passed senate, 225
INSURANCE AND SAVINGS COMPANY
OF VIRGINIA.
IT. B. 118, To incorporate; presented,
and referred, 158
Reported, and read 1st time, ■ 164
Recommitted, 244
H. B. 237, To incorporate; reported,
and read 1st time, 306
Read 2d time; amended, and en¬
grossed, 360-61
Passed house, 404
Passed senate, 428
INTEREST.
Governor's message relating to; re¬
ferred, 37
Resolution to amend stay law in re¬
gard to payment of; referred, 38-9
Resolution to increase rate of; re¬
ferred, 49
Resolution for statement of amount
paid on state bonds since 1st Janu¬
ary 1865, 58
Governor's message in relation to; re¬
ferred, 75
Resolution for amending stay law so
as to fund, on private debts; re¬
ferred, 7 6
H. B. 63, To amend Code in relation
to rate of; reported; twice read,
and printed, 113
Taken up; amendment rejected; laid
on table, 156
Resolution adverse to funding, on pub¬
lic debt until the question of reunion
of the states of Virginia and West
Virginia is settled, 141
Resolution for funding, on public debt;
referred, 115
H. B. 277, Therefor; reported, and
read 1st time, 369
Read 2d time, and engrossed, 436
Passed house and senate, 448
Resolution for funding, on registered
bonds, and for payment of, due
July; referred, 172
S. B. 22, Amending Code in relation
to rate of; communicated; 310
Read twice, and referred, 311
Committee for courts discharged, and
referred to finance, 330
Reported with amendments, and placed
on calendar, 341
Taken up, and amendment to 1st amend¬
ment of committee pending, 367
Sundry amendments rejected; bill re¬
jected; reconsidered, and passed
by, 370-1
Motion to reconsider 3d reading; re¬
jected, and bill rejected, 379
Reconsidered, and passed by, 386
Taken up, and passed house, 415
Motion to reconsider entered, 416
Passage reconsidered, and bill re¬
jected, 418-19
512
INDEX.
Motion to reconsider rejection en¬
tered, 423
Passed by, 431
Motion to reconsider rejection; re¬
jected 446
INTERNAL IMPROVEMENTS.
Resolution for sale of state's interest in,
referred, 44
Adverse report; agreed to, 289-90
Resolution for sale of state's interest
in; referred, 228
Adverse report; agreed to, 289-90
Resolution authorizing exchange of
state's interest in, for state bonds
at par; referred, 350
INTERNATIONAL COMMERCIAL COM¬
PANY OF NORFOLK.
S. B. 27, To incorporate; communi¬
cated, 248
Read twice, and referred, 250-51
Reported, and placed on calendar, 256
Passed house, 295
INVOLUNTARY SLAVERY.
See Slavery.
IRON.
Resolution for incorporating a manu¬
factory of, in Richmond; referred, 49
IRON MOUNTAIN MINING AND MANU¬
FACTURING COMPANY.
S. B. 150, To incorporate; communi¬
cated, 439
Twice read, and referred, 443
Reported, and placed on calendar, 459
Passed house, 461
JAILORS.
Resolution for increasing fees of; re¬
ferred, 104, 247
JAILS.
Resolution to amend Code so as to pro¬
vide for erection and maintenance of;
referred, 58
H. B. 25, Therefor; reported, and read
1st time, 80
Read 2d time, and engrossed, 117
Passed house, 118
Passed senate, 144
JAMES CITY COUNTY.
Petition of citizens for relief of taxes
to rebuild courthouse; referred, 377
JAMES RIVER.
S. B. 171, To remove bars and obstruc¬
tions in; communicated, 441
Twice read, and referred, 442
JAMES RIVER AND KANAWHA
CANAL.
H. B. 182, Declaring, a lawful fence in
Albemarle county; presented, and
referred, 189
Reported, and read 1st time, 240
Read 2d time, and engrossed, 318
Passed house, 327
Passed senate, 361
JAMES RIVER AND KANAWHA
COMPANY.
Resolution requiring, to transport clo¬
ver seed, gypsum, &c. toll free; re¬
ferred, 48
Resolution transferring rights of, to
Virginia canal company; referred, 103
Petition of, for revival of act of March
1861, and extension of contract men¬
tioned therein; referred, 109
H. B. 102, Transferring franchises of,
to Virginia canal company; reported,
and read 1st time, 153
Passed by, 243
Communication from President in rela¬
tion to agreement of Messrs. Bellot
des Minieres & Co. for completion of
canal; printed, and referred, 118
H. B. 145, To extend charter; reported,
and read 1st time, 212
Passed by, 316
Amended, and engrossed, 333-4
Passed house, 347
Passed senate, 382
Resolution as to appropriation to, in
1862, and whether payment is pro¬
hibited by constitution, 241
S. B. 91, Extending charter; commu¬
nicated, 267
Twice read, and referred, 270
S. B. 89, Transferring franchises of, to
Virginia canal company; communi¬
cated, and placed on calendar, 269
Passed house, 271
309, Joint resolution in relation to; re¬
ported, and read 1st time, 445
JAMES RIVER MANUFACTURING
COMPANY.
S. B. 75, To enable, to borrow money;
communicated, and referred, 305
Reported, and placed on calendar, 312
Passed house, 316
JEFFFERSON COUNTY.
Petition of citizens for repeal of acts
annexing, to West Virginia; re¬
ferred, 32
H. B. 2, Therefor; reported, and passed
house, 33
Passed senate, 41
Memorial of citizens of, withdrawn, and
transmitted to senate, 85
S. B. 130, For asserting right of state
to jurisdiction over; communicated, 409
INDEX.
513
Twice read, and referred, 413
Reported, and placed on calendar, 417
Passed house, 437
JEFFERSONVILLE.
Resolution to incorporate town of, in
Tazewell county; referred, 271
H. B. 220, Therefor; reported, and read
1st time, 280
Read 2d time, and engrossed, 346
Passed house, 352
Passed senate, 382
JENNETS.
See Horses, Mules and Jennets.
JETT, RORERT E.
Petition of, as deputy sheriff of Nor¬
thumberland county; referfed, 172
Adverse report; agreed to, 235-6
JOINT RESOLUTIONS.
List of, passed during session, .479-80
JONES. J. H. C.
Petition of, claiming seat for King &
Queen and King Wiiliam; referred, 32
Report of committee, 62-3
Resblution authorizing, to be heard at
bar of house, 66
Report of committee taken; proceedings
on; report adopted, .67
JOHNSTON INSURANCE COMPANY OF
DANVILLE.
Resolution for incorporating; referred, 130
H. B. 84, Therefor; reported, and read
1st time, 138
Read 2d time, and engrossed, 165
Passed house, 171
Passed senate, 225
JOINT STOCK COMPANIES.
Resolution for sale of state's interest in;
referred, • 228
H. B. 185, To amend Code in relation
to subscriptions to; reported, and read
1st time, 246
Read 2d time, and engrossed, 318
Passed house, 327
JOURNAL OF HOUSE OF DELEGATES.
Resolution of enquiry ais to the printing
of; referred, 146
Report of committee; laid oh table, 167
JUDGES.
Resolution to amend Code as to vacan¬
cy in office of; referred, ' 59
H. B. 26, Therefor; reported, and read
1st time, 80
Read 2d time, and engrossed, 117
Passed house, 118
Passed senate, . 144
H. B. Conferring same powers upon, in
cities as in counties; referred, 90
65
Petition of members of bar of Norfolk
and Portsmouth for increase of sala¬
ries; referred; 121
Resolution of enquiry as to tenhs of,
appointed by governor; referred, 130
Report of committee; laid on table, 132
Taken, up, and concurred in, 154
Message from governor nominating, for
court of appeals and circuit courts,
and message correcting; referred, 342
Report of committee thereon; and reso¬
lutions; presented, - 363-5
Amendment offered, and agreed to, 366
Agreed to by senate with an amend¬
ment, 367
Amendment of senate agreed to with an
amendment, 370
Agreed to by senate with an amend¬
ment; agreed to by house, 371
Election of, 388, 398
H. W. Thomas nominated for ninth cir¬
cuit, and resolution for election, 430
Resolution for election of judge; agreed
to by senate, 433
Election of.
435-6
JUDGMENTS.
See Decrees and Judgments.
JUDICIAL NOMINATIONS.
See Judges.
JURIES.
Resolution for removing disabilities of
constables, ordinary keepers, &c.; re¬
ferred, 51
Reported inexpedient, , 55
H. B. To amend Code in regard to trial
by, in civil cases; presented, and re¬
ferred, 129
JUSTICES OF PEACE.
Resolution to amend Code so as to re¬
duce jurisdiction of; referred, 71
H. B. 90, Therefor; reported, and read
1st time, , 145
Read 2d time, and engrossed, 173
Placed on calendar, 236
Passed house, 238
Resolution to compel attendance of, at
county courts; referred, 78
Adverse report; agreed to, 101
Resolution to exempt from military
duty; referred, 241
Resolution to amend law so as to limit
jurisdiction of, in warrants for small
claims; referred, 271
Petition of, for Nottoway as to com¬
pensation of presiding justice; re¬
ferred, 290
Adverse report; agreed to, 297
Resolution for allowing fees to, in war¬
rant trials between individuals; re¬
ferred, 370
514
INDEX.
KEEPER OP ROLLS.
Resolution to prevent giving copies of
charters until premiums on them are
paid; referred, 161
KEGOTANK ISLAND.
Petition of J. B. Smith and William
Wigton in regard to land on;'re¬
ferred, 362
KESWICK COAL MINING COMPANY.
S. B. 70, To revive charter, and amend
the same; communicated, and re¬
ferred, 261
Reported with amendment, 289
Amendment agreed to, and bill ordered
to 3d reading, 299
Passed house, 310
House amendment agreed to by senate, 335
KING GEORGE COUNTY.
Resolution to embrace, in act for pro¬
tection of crops; referred, 39
Committee discharged; referred to agri¬
culture, &c. 55
Resolution to exempt from taxation;
referred, 61
'Committee for courts discharged, and
referred to finance, 91
Resolution for court of, to borrow
money for school purposes; re¬
ferred, 161
H. B. 143, Therefor; reported, and read
1st time, 211
Read 2d time, and engrossed, 317
Passed house, 325
Passed senate, 382
H. B. 135, Repealing act exempting
certain white males from working
on roads; reported, and read 1st
time, 181
Read 2d time, and engrossed, 301
Passed house, . 316
Passed senate, 378
Memorial of school commissioners; re¬
ferred, 307
H. B. 250, To amend act establishing
district free schools; reported, and
read 1st tipm, 330
Read 2d time, and engrossed, 405
Passed house, * 409
Passed senate, 428
KING & QUEEN COUNTY.
H. B. 242, As to removing seat of jus¬
tice, and borrowing money for re¬
building, &c.; referred, 163'
Reported, and read 1st time, 312
Read 2d time; amended, and engrossed, 346
Passed house, 352
Passed senate, . 439
See Contracts.
LABOR.
LANDS.
Resolution as to legislation in regard to,
donated by congress; referred, 87
Report of committee, 63-4
Agreed to, , 69
H. B. 92, For sale of; reported, and
read 1st time, 145
Read 2d time, and laid on table, 174
Amended, and engrossed, 177
Passed house, 219
Passed senate, 240
Resolution for reassessment of; re¬
ferred, ' 50
Adverse report; agreed to, 138
Resolution requiring lessor of, to col¬
ored persons to give bond that lessee
shall not become chargeable to coun¬
ty as a pauper; referred, 59
Resolution extending time for redemp¬
tion of, sold for taxes; referred, 141 .
Resolution for establishing boundary
lines, of, and quieting titles when re¬
cords are lost; referred, 172
See Processioners.
Resolution for extending time for re¬
demption of, sold for taxes; referred, 172
Resolution making lessor of, to negroes
responsible for their subsistence; re¬
ferred, 190
H. B. 204, Amending Code as to pro¬
ceeds for, of persons under disability;
reported, and read 1st time, 262
Read 2d time, and engrossed, 855
Passed house, 373
Passed s'enate, 427
Resolution as to number of patents is¬
sued for, since January 1865; agreed
to, 281
S. B. 79, To enable owners to obtajn a
reassessment of; communicated, and
referred, 313
Adverse report; placed on calendar, 321
Rejected by house, 323
H. B. 259, For1 processioning and set¬
tling boundaries of; reported, and
read 1st time, 341
Read 2d time, and engrossed, 388
Passed house, 416
Passed senate, 422
See Waste Lands.
See •Taxes.
LAND-TAX.
LAND WARRANTS. ,
Resolution for prohibiting further issue
of; referred, 87
H. B. 48, Therefor; reported; read twice,
and printed, 101
Engrossed, 117
Passed house, 118
Passed senate, 118
Resolution of enquiry as to number is¬
sued from April 17,1861, to 2d April
1865, 115
INDEX.
515
Response of register; referred, 123
S. B. 72, To increase price for, and re¬
peal act of January 1866; communi- *
cated, 258-9
Twice read, and referred, <261
Reported, and placed on calendar, 270
Taken up; amendment offered; passed
by, 285
Amendment withdrawn, and bill passed
house, 292
H. B. 226, To amend Code in relation
to; reported, and read 1st time, 289
Read 2d time, and engrossed, 356
Passed house, 373
Passed senate, 428
LARCENY.
Resolution to amend Code for punish¬
ment of; referrfed, 37
H. B. 130, Therefor; reported, and read
1st time, 179
Read 2d time, and engrossed, 244
Passed house, 300
Passed senate, 381
H. B. 110, More effectually to punish,
of horses, mules, &c.; presented, and
referred, 140
Reported, and read 1st time, 159
LAW BOOKS.
210, Joint resolution Extending use of,
for a limited time; reported, and
read 1st time, 270
Read 2d time, and engrossed, 355
LAWS.
See Acts of Assembly.
LEE, CHARLES CAR.TER.
Use of hall allowed to, for lecture, 298
LEE, GEN. R. E.
Memorial of, for appropriation for pro¬
fessorships in Washington college;
referred, 111
LEGACIES.
Resolution for scaling, during the war;
referred, 100
Resolution for scaling, in wills made
during war; referred, 167
LELLARD, WILLIAM A.
Resolution for bill for relief of; re¬
ferred, 103
LESSOR.
Resolution requiring bond that colored
lessee shall not become chargeable
to county as pauper; referred, 59
LETCHER, JOHN.
Resolution for pardon of; amended,
and adopted, 47
LEVY.
See Distress and Levy.
LEXINGTON BAR.
Memorial of; presented, and referred, 163
Adverse report; laid on table, 170
LIBRARIAN.
Preamble and resolution separating,
from secretary of commonwealth,
referred, 58-9
H. B. 60, Creating office of, separate,
from secretary of commonwealth,
reported: read twice, and printed. 107
Report on same subject; laid on table, 107
Unsuccessful motion to take up, 140
Taken up: amended, and indefinitely
postponed, 155-6
H. B. 154, Authorizing, to prosecute
for mutilated books; reported, and
read 1st time, 220
Read 2d time; amended, and engrossed, 319
Passed house, 325
Passed senate, 382
LIBRARY.
Preamble and resolution for separating,
from office of secretary of common¬
wealth; referred, ' 58-9
Report of committee on, as to printing
report of the secretary of common-'
wealth; adopted, 79
180, Joint resolution for sale of paper
■ in; reported, and read 1st time, 236
Read 2d time, and engrossed, 318
Passed house, 327
Motion to reconsider passage entered, 331
Agieed to, and resolution passed by, 332
Recommitted, 345
Reported with amendment, '384
Amendment agreed to, and resolution
. passed house, 387-8
Agreed to by senate, 406
201, Joint resolution extending use of
law books in, for a limited time; re¬
ported, and read 1st time,- 270
Read 2d time, and engrossed, 355
Passed house, 373
Agreed to by senate, 406
LIBRARY FUND.
H. B. 155, Charging on treasury allow¬
ances heretofore paid from; referred, 160
Reported; read 1st time, and placed on
calendar, 226
Read 2d time, and engrossed, ( 317
Passed house, 325
Motion to reconsider entered, 328
Rejected, 332
Passed senate, 382
LICENSES.
Resolution to grant, only to graduates
in medicine; laid on table; 39
Taken up, and referred, 231
516
INDEX.
Committee discharged, and referred to
schools and colleges, 251-2
Resolution for reducing tax on mer¬
chants; referred, 40
H. B. 120, Amending Code in relation
to asssesment of taxes on; reported,
and read 1st time, 167
Made order of day, 238
Taken up; proceedings on; amended,
&c.; bill pending, 248-50
Further proceedings, 254-5
Engrossed, 256
Motion to reconsider engrossment; re¬
jected, 258
Parsed house, * 290
Passed senate with amendment, 322
Referred, 329-30
Reported, and placed on calendar, 330
Amendment of senate agreed to by
house, 332
H. B. 230, To amend Code as to, for
sale of liquor; reported, and read
1st time, 298
Read 2d time; amended, and en¬
grossed, 354-55
Passed house, 373
Passed senate, 428
LIFE INSURANCE COMPANY OF THE
STATE OF VIRGINIA.
H. B: 240, To incorporate; presented;
and referred, 267
Reported, and read 1st time, 312
Read 2d time, and engrossed, 361
Passed house, 404
Passed senate, 428
LILLARD, WILLIAM A.
Resolution for relief of; referred,
103
H. B. 104, For payment of money to,
as jailor of Rappahannock; reported,
and read 1st time, 153
Read 2d time, and laid on table, 177
. LIME.
Resolution for abolishing inspection of;
referred, 322
H. B. 257, Therefor; reported, and read
1st time, v 337
Read 2d time, and engrossed, 388
Passed house, 416
Passed senate, 429
See Clover Seed, &c.
LIMITATIONS.
Resolution for amending statute of; re¬
ferred, 64
H. B. To suspend, for a certain time,
the statute of; presented, and re¬
ferred, 189
LINEN BAR.
See William H. Parker.
LIPSCOMB, C. B.
Memorial of, for pay for coal furnished
penitentiary; referred, 267
Adverse report; agreed to, \ 342
LIQUOR. .
See Wine, Ardent Spirits, &c.
Licenses.
LITERARY FUND.
Resolution of enquiry as to amount of,
and in what invested; referred, 227
Report of committee, 262
LIVE STOCK.
See Weighmaster of Live Stock.
LOSSES OF PROPERTY.
See Property.
LOST RECORDS.
Resolution to amend Code in relation
to; referred, 55
H. B. 202, Therefor; reported, and read
1st time, 261
Read 2d time; amended, and en- "
grossed, 319
Passed house, 335
Passed senate, 382
LOVE, THOMAS R.
Petition of, for release from taxes; re¬
ferred to propositions, &c.; commit¬
tee discharged, and referred to fi¬
nance, 186
LOVING, S. H. •
Petition of, for pay for attending crimi¬
nal trials; referred, 131
Adverse report; laid on table, 159
See Claims.
LUNATIC ASYLUMS.
Resolution of enquiry as to condition of
Eastern; referred, 59
Committee on finance discharged, and
referred to committee on lunatic asy¬
lums, 64
Resolution for special appropriation to
discharge liabilities of Eastern; re¬
ferred, 75
Resolution for amending 85th chapter
of the Code in relation to; referred, 83
S. B. 13, Establishing name of Western;
communicated, >84
Referred,. 86
Reported, and passed house, 98
S. B. 14, Amending Code so as to dis¬
pense w ith treasurer of Western; com¬
municated, 84
Referred, 86
Reported, and passed house, 98
H. B. 34, Providing for certain liabili¬
ties of Western; reported; twice read,
and engrossed, 85
INDEX.
517
Passed house, 92
passed senate, 95
Senate resolution for joint committee
to visit; communicated, and laid on
table, 93
Unsuccessful motion to take up, 94, 111
Resolution for sub-committee to visit,
during session; report of committee
presented, 423
Laid on table, 459
Memorial of directors of Eastern; ask¬
ing an appropriation for outstanding
claims; referred, 138
Governor's communication in regard to
irregularities at Williamsburg; re¬
ferred, 151
Resolution as to more efficient dis¬
charge of duties by directors and
others; referred, 157
H. B. 254, To provide for liabilities'of,
at Williamsburg prior to 1865; re¬
ported, and read 1st time, 330
Passed by, 375
Read 2d time, and engrossed, 381
Passed house, 387
Passed senate, 409
Resolution as to management of East¬
ern, during the war; referred, 407
Joint resolution of senate for commit¬
tee to visit, during recess; commu¬
nicated, 430
Twice read; referred; reported, and
placed on calendar, 444
Passed house, 459
H. B. 304, Providing for better gov¬
ernment of Eastern; reported, and
read 1st time, » 430
Unsuccessful motion to take up, 436
LUNATICS.
Resolution to amend Code as to allow¬
ance for conveying, to asylum, &c.;
referred, 83
H. B. 66, Therefor; reported, and read
1st time, 122
Read 2d time, and engrossed, 156
Passed house, 162
Passed senate, 185
LURAY AND FRONT' ROYAL TURN¬
PIKE.
Resolution to transfer to several coun¬
ties; referred, 50
LYNCHBURG (CITY OF).
H. B. 244, Changing charter of; pre¬
sented, and referred, 307
Reported, and read 1st time, 312
Read 2d time, and engrossed, 405
Passed house, 408
Passed senate, 417
LYNCHBURG AND DANVILLE RAIL¬
ROAD COMPANY.
H. B. 187, To incorporate; presented,
and referred, 241
Reported, and read 1st time, 246
Read 2d time, and engrossed, 278
Passed house,' 293
Passed senate, 378-9t
Message from governor in relation to;
referred, 314
H. B. Authorizing subscription to, by
other railroads; referred, - 431
LYNCHBURG FIRE, LIFE AND MA¬
RINE INSURANCE COMPANY.
H. B. 243, To amend charter; referred, 257
Reported, and read 1st time, 312
Read 2d time, and engrossed, 401
Passed house, ' 408
Passed senate, 417
LYNCHBURG, FRANKLIN AND FLOYD
TURNPIKE.
Resolution for transferring part of, to
Franklin county; referred, 141
LYNCHBURG MINING AND MANU¬
FACTURING COMPANY.
Resolution for incorporating; referred, 34
H. B. 5, Thbrefor; read 1st time, 47
Read 2d time, and engrossed, 55
Passed house, " 69
Passed senate, 91
MACADAMIZED ROADS.
See Turnpikes.
MAILS.
Senate joint resolution in relation to
condition of; communicated, and
agreed to, 109
Resolution for expressing sense of le¬
gislature as to wa,nt of facilities, to
general government; referred, 136
Adverse report; agreed to, 152
MANASSAS GAP RAILROAD COMPANY.
Resolution of enquiry as to condition
of; referred, 95
S. B. 67, Amending charter; communi¬
cated, and referred, 235
Reported, and placed on calendar, 246
Passed by, ^ 248
Again passed by, / ' 252
Taken up, and pending, 259
Amendment offered, and rejected, 268
Bill passed house, 269
MANCHESTER.
S. B. 5, Authorizing trustees to build
a bridge across James river; commu¬
nicated; twice read, and referred, 91-2
Reported without amendment, 123
Passed house, 133
MANCHESTER BUILDING FUND ASSO¬
CIATION.
Resolution for incorporating; referred, 314
518
INDEX.
MANCHESTER COTTON AND WOOL
MANUFACTORY.
S. B. 21, Relating to and extending
charter; communicated, 112
Read three times, and passed house, 113
MANCHESTER UNION BUILDING
FUND ASSOCIATION.
H. B. 249, To incorporate; reported,
and read 1st time, . 321
Read 2d time, and engrossed, '405
Passed house, 409
Passed senate, 428
MANTUA COAL MINING COMPANY.
Resolution for incorporating; referred, 137
H. B. 99, Therefor; reported, and read
1st time, 152
Read 2d time, and engrossed, 177
Passed house, 219
Passed senate, ' 288
MANUFACTORIES.
Resolution for incorporating, in Rich¬
mond city; referred, 49
MAP OF THE STATE.
Resolution for preparing, by cadets of
Virginia military institute; referred, 181
MARRIAGES.
S. B. 34, To amend Code in relation
to; communicated, 232
Twice read, and'referred, 234
Reported, and placed on calendar, 251
Passed by, and printed, 252
Amended, and ordered to 3d reading, 294
Passed house, 299
S. B. 35, Amending Code as to unlaw-
. ful; communicated, 232
Twice read, and referred, 234
Reported with amendments, and placed
on calendar, 251
Passed by, and printed, 253
Passed house with amendments, 299
Amendments of house agreed to by
senate, 422
' MARRIED WOMEN. '
Resolution for amending law in rela¬
tion to rights of; referred, 87
MARSHALL, GILLET.
Resolution for making house of, a place
of voting, on Sykes' island; referred, 191
MASON, CHARLES.
S. B. 105, Authorizing, to rebuild mill;
communicated, and referred, 281
Committee for courts discharged, and
referred to propositions, &c. 329
Adverse report; bill placed on calendar, 336
Laid on table, 840
MASON, GEORGE.
Petition of, for payment of interest on,
registered bonds; referred, 121
MASTERS AND APPRENTICES.
Resolution to amend Code in relation
to; referred, 34
S. B. 40, To amend Code in relation to;
referred, 233
Twice read, and referred, 235
Reported, and placed on calendar, 251
Amendments offered, and rejected;
passed house, 253
McCORMICK, PROVINCE.
Petition of, askihg that the banks be
prohibited to pay out in distribution
to noteholders; referred, 67
MECHANIC ARTS.
See Agriculture and Mechanic Arts.
MECHANICS.J
Resolution for extending lien to, for
work done; referred, 275
See Merchants, Mechanics, &c.
MECHANICSVILLE TURNPIKE COM¬
PANY.
Resolution authorizing, to issue bonds
for borrowing money; referred, 121
H. B. 74, Therefor; reported, and read
1st time, 127
Read 2d time, and engrossed, 140
Passed house, 145
Passed senate, 151-2
MEDICAL "COLLEGE OF VIRGINIA.
Memorial of faculty; presented, and
referred, 146
MEDICAL EXAMINERS.
Resolution for establishing board of; v
* referred, 231
Committee on county organization dis¬
charged, and referred to schools,
&c. 251-2
H. B. 234, To establish board of; re¬
ported, and read 1st time, 306
Read 2d time, and dismissed, 356
MEDICINE.
Resolution to grant license only to
' graduates in; laid on table, 39
Taken up, and referred, 231
Committee discharged, and referred to
schools and colleges, - 251-5
Resolution requiring examination of
practitioners of, before medical board;
referred, 231
Committee discharged, and referred to
schools and colleges, 251-2
MEMBERS OF ASSEMBLY. ^
Resolution to reduce pay of, 58
INDEX.
519
Resolution for ascertaining the number
of-miles travelled by each: referred, 71
Resolution for furnishing with copy of
Code; read twice, an<F engrossed, 153
Adopted by house, 162
MERCHANTS.
Resolution for reducing tax on license
of; referred, 40
MERCHANTS, MECHANICS, ARTISANS
AND PROFESSIONAL MEN.
Resolution of Mr. Ellis for relief of
their forlorn condition; referred, 103-4
MERCHANTS AND MECHANICS EX¬
CHANGE OF NORFOLK.
Communication from; referred, 90
MIDDLEBROOK AND BROWNSBURG
TURNPIKE.
Resolution for turning over, to coun¬
ties; referred, * 130
MIDLOTHIAN COAL MINING COM¬
PANY.
S. B. 6, Amending charter; communi¬
cated; twice read, and referred, 73
Reported with amendment, and passed-
house, ' 92
House amendment agreed to by senate, 97
S. B. 98, Amending charter; commu¬
nicated, 284
Twice read, and referred, 289
Reported, and placed on calendar, 312
Passed house, 316
S. B. 151, Authorizing, to construct
road to James river; communicated, 439
Twice read; referred; reported, and
placed on calendar, 442
Passed house, 461
MILEAGE.
Resolution for ascertaining distance
travelled by members of assembly;
referred, 71
MILITARY DUTY.
See Militia.
MILITARY FORCE.
Resolution for organizing, for police
duty; referred, 44
MILITIA.
Governor's message in relation to; re¬
ferred, . 36
Resolution for amending organization
of; referred, 50
H. B. 136, To reorganize; reported,
and read 1st time, 181
Substitute reported, and placed on cal¬
endar, 312
Read 2d time; substitute adopted, and
engrossed, 317
Passed house, 324
Motion to reconsider passsge entered, 332
Passage reconsidered, and bill recom¬
mitted, 339
Reported without amendment, and
placed on calendar, 341
Passed house, 345
Passed senate with amendments, 430
Placed on calendar; 444
Amendment of senate agreed to by
house, 448
H. B. 209, To amend Code as to ex¬
emptions from duty; reported, and
read 1st time, 270
Read 2d time; substitute adopted; re¬
committed, 301-2
Substitute read 2d time; amended, and
engrossed, ' 353-4
Passed house, 373
Passed senate with amendments, * 429
Referred, 430
H. B. 228, To amend Code as to issu¬
ing arms to; reported, and read 1st
time, 289
Read 2d time, and engrossed; 356
Passed house, 373
Passed senate, 428
MILLER, JOHN G.
H. B. 174, For relief of, as sheriff of
Frederick; referred, 228
Reported, and read 1st time, 23-5
Read 2d time, and engrossed, 318
Passed house, 327
Passed senate, . 361
MILLER, J. G. AND L, A.
Petition of, in relation to claims and
delinquent lists in hands of; refer¬
red, 39
H. B. Ill, For relief of; reported,
and read 1st time, " 159
Read 2d time, and passed by, 223
Substitute adopted, and engrossed, 243
Passed house; title amended, 296
Passed senate, 349
MILLER, L. A.
See Miller, J. G. and L. A.
MILLS.
Resolution to amend Code so as to ex-,
tend time for rebuilding; referred, 263
H. B. 212, Therefor; reported, and
read 1st time, 275
Dismissed, 354
Resolution for bill allowing to rebuild,
in reasonable time; referred, " '270
S. B. 107, Extending time for rebuild¬
ing, &c.; communicated, 328
Twice read, and referred, 329
Reported, and placed on calendar, 336
Amended, and passed house, 343-4
Amendments of house agreed to by
senate, 368
520
index;
MINERALOGIST.
Resolution for appointing, for the state;
rejected, 135
MITCHELL, WILLIAM, JR.
S. B. 45, Por relief of estate of; com¬
municated; read twice, and referred, 145
Passed house, 161
MONTAGUE, R. L.
Resolution for pardon of; reported;
amended, and adopted, 47
MOTIONS AND'NOTICES.
H. B. To amend Code in relation to;
presented, and referred, i 128
MOUNT CRAWFORD TOLL BRIDGE
COMPANY IN ROCKINGHAM.
H. B. 134, To incorporate; presented,
and referred, 163
Reported, and read 1st time, 180
Read 2d time, and engrossed, 301
Passed house, 316
Passed senate; 338
MOUNT VERNON COMPANY.
S. B. 93, To incorporate; communi¬
cated, 284
Twice read, and referred, 289
Reported, and placed on calendar, 306
Passed house, 310
MULATTO.
S. B. 37, Amendiug Code defining;
communicated, 232
Read twice, and referred, 234
Substitute reported; and placed on cal¬
endar, 341
Substitute adopted, 366
Ordered to 3d|reading, 367
Passed house, 371
Amendments of house agreed to by
senate, 422
MULES.
See Horses and Mules.
NASH' DEMPSEY.
H. B. 231, For relief of, as clerk elect
of Portsmouth; referred, 281
Reported, and read 1st time, 298
Unsuccessful motion to take up, 317
Read 2d time, and engrossed, 356
Passed house, 359
Passed senate, 422
NATIONAL EXPRESS AND TRANS¬
PORTATION COMPANY.
Resolution for incorporating; referred, 46
H. B. 10, Therefor; reported, 54
Read 1st and 2d times; amended, and
engrossed, • 56
Third reading refused, 61
Read 3d time, and passed house, 64
Passed senate, 72
S. B. 16, Amending act incorporating;
communicated, 88
Referred, * 89
Reported, and passed house, 97
NATIONAL INSURANCE COMPANY OP
VIRGINIA.
Resolution for incorporating; referred, 46
H. B. 88, Therefor; reported, and read
1st time, 138
Read 2d time, hnd laid on table, 173
Amended, and engrossed, 242
Unsuccessful motion to take up, 253, 276
Passed house, 285
Passed senate, 341
NATIONAL MERCANTILE EXCHANGE
COMPANY.
S. B. 68, To incorporate; communi¬
cated, 242
Twice read, and referred, 245
Reported with amendments, 256
Amendment of committee agreed to,
and bill passed house, 276
House amendment agreed to J>y senate, 305
NEABSCO AND POWELL'S CREEKS.
Resolution for making, lawful fences;
referred, 78
H. B. 153, Therefor; reported, and read
1st time, 126
Read 2d time, and engrossed, 317
Passed house, 325
Passed senate, ■ 382
Resolution for making, lawful fences;
referred, 146
NEGROES.
Resolution referring governor's mes¬
sage as to testimony of, 35
Resolution for commissioners to list
number of slaves at time of Presi¬
dent Lincoln's proclamation, 40
Resolution to repeal Code as to testi¬
mony of; referred, 40
Resolution for removing, from Williams¬
burg, York, &c. to counties where
they belonged; referred, 50
Committee discharged, and referred to
select committee -on freedmen, 69
Resolution for removing, from Carroll
county; referred, 57
Committee discharged, and referred to
select committee on freedmen, 69
Resolution for rules of government of,
on farms; referred, 62
Resolution making lessors of lands to,
responsible for their subsistence; re¬
ferred, 190
Resolution in relation to testimony of;
referred, 216
H. B. For relief of persons hiring; pre¬
sented, and referred, 216
Adverse report; agreed to, 262
INDEX.
521
NEGRO POORHOUSES.
Resolution for establishing in each
county; referred, 50
Adverse report; agreed to, 181
NEGRO TESTIMONY.
See Negroes.
NELSON COUNTY.
H. B. 96, Declaring the house of Cap¬
tain R. D. Seaman an election pre¬
cinct; reported, and read 1st time, 151
Read 2d time, and engrossed, 173
Passed house, 176
Passed senate, 215
NEVADAVILLE SILVER-LEAD MINING
COMPANY OF VIRGINIA.
S. B. 172, Incorporating; communi¬
cated; twice read, and referred, 457
Reported, and placed on calendar, 459
Passed house, 461
NEW KENT COUNTY.
S. B. 23, Authorizing overseers of poor
to sell wood from poorhouse land;
communicated, 109
Read three times, and passed house, 110
NEW RIVER.
Resolution for charter to J. G. and J.
L. Burks to improve; referred, 271
H. B. 223, Therefor; reported, and
read 1st time, 289
Read 2d time, and engrossed, 356
Passed by, 359
Recommitted, 404
Substitute reported, and placed on cal¬
endar, 406
Substitute adopted, and passed house, 408
NEWSPAPERS.
Resolution for librarian to procure
copies of, for library; referred, 71
NEW STATE.
II. B. 2, Repealing 2d section of act
erecting, within state of Virginia;
reported, and passed house, 33
Passed senate, 41
Senate joint resolution for communi¬
cating to congress and governor of
West Virginia; communicated, 48
Agreed to by house, 44
NEW YORK AND VIRGINIA STEAM¬
SHIP COMPANY.
Memorial of officers asserting claim
against the state; transmitted by
governor, and referred, 179
Report of committee; printed, 230
Passed by, 257
Adverse report of committee; agreed
to, 342
66
NIGHT SESSIONS.
Resolution for; rejected,
358
NOLEN, ANDREW.
Petition of, in regard to the weighmas-
ter of Richmond; referred, 127
NONRESIDENTS.
Resolution to amend Code so as to pre¬
vent attachments of personal pro¬
perty of other nonresidents; referred, 351
Resolution to amend Code so as to re¬
strict the issuing of attachments to
residents; referred, 358
NORFOLK CITY.
Resolution to amend charter so as to
allow pay to justices of peace since
June last; referred, 49
H. B. 78, To amend Code as to ad¬
journed terms of circuit Court; re¬
ferred, 90
Reported, and read 1st time, 132
Read 2d time, and engrossed, 165
Passed house, ' 171
Passed senate, 226
H. B. 69, Amending Code as to juris¬
diction of court, &c.; referred, 114
Reported, and read 1st time, 123
Read 2d time; amended, and engrossed, 162
Passed house, 165
Passed senate, 226
S. B. 55, Conferring authority on coun¬
cil as to streets; communicated, 168
Read twice, and referred, 171
Reported, and placed on calendar, 246
Passed house, 247-8
NORFOLK CITY RAILROAD COMPANY.
H. B. 51, To incorporate; referred, 37.
Reported; read twice, and engrossed, 102
Passed house, 107
Passed senate with amendments; con¬
curred in by house, 118
NORFOLK COUNTY.
Resolution authorizing court of, to bor¬
row money for repair of bridges, &c.;
referred, 76
H. B. 101, Therefor; reported, and
read 1st time, 152
Read 2d time, and engrossed, 177
Passed house, 219
Passed senate, 260
NORFOLK AND PETERSBURG RAIL¬
ROAD.
S. B. 166, To increase capital stock;
communicated, 433
Twice read, and referred, 443
See Railroads.
NORFOLK AND ST. NAZAIRE EXPRESS
COMP'Y OF AMERICA AND EUROPE.
S. B. 61, To incorporate; communicated, 281
522
INDEX.
Read twice, and referred, 288
Reported, and placed on calendar, 812
Amended; ordered to 3d reading, and
passed by, 315
Passed house, 323
Motion to reconsider passage entered, 332
Reconsidered, and bill dismissed, 338
Motion to reconsider dismissal entered, 347
Rejected, 351
NORFOLK AND ST. NAZAIRE NAVI¬
GATION COMPANY.
Resolution to amend charter; referred, 58
H. B. 14, Therefor; reported, 64
Read 1st time, 68
Read 2d time, and engrossed, 69
Passed house, 76
Passed senate with amendments; agreed
to by house, 99
NORRIS, JOHN B.
Petition of, in relation to stay law; pre¬
sented, and referred, 163
NORTHAMPTON COUNTY.
Resolution for increasing pay of com¬
missioner of revenue for 1865; re¬
ferred, 263
NORTH ANNA RIVER.
Resolution for granting a charter to
sundry persons to build toll bridge
across; referred, 351
H. B. 272, Therefor; reported, and
read 1st time, 357
Read 2d time, and engrossed, 405
Passed house, 409
Passed senate, 429
NORTH CAROLINA TRANSPORTATION
COMPANY.
H. B. 197, To incorporate; reported,
and read 1st time, 256
Read 2d time, and engrossed, 318
Passed house, 334
Passed senate, 382
NOTICE.
Resolution to amend stay law in regard
to; referred, 38-9
See Motions and Notices.
NOTTOWAY COUNTY.
Petition of justices, as to compensation
of presiding justice; referred, 290
Adverse report; agreed to, 297
OATHS.
Resolution to repeal act prescribing, in
certain cases; referred, 38
H. B. 132, Repealing parts of act of May
14,1862; reported, and read 1st time, 180
Read 2d time, and engrossed, 301
Passed house, 316
Unsuccessful motion to reconsider
passage,
Passed senate,
Resolution for bill repealing act pre¬
scribing; referred,
Resolution for repealing act prescrib¬
ing; referred,
H. B. 11, Therefor; reported,
Read 1st time,
Read 2d time, and engrossed,
Passed house,
Passed senate,
S. B. 51, Repealing an act prescrib¬
ing, in certain cases, passed May
14, 1862; communicated, and re¬
ferred,
Adverse report; bill placed on calen¬
dar,
Laid on table,
S. B. 128, To amend Code as to per¬
sons allowed to administer; com¬
municated,
Twice read, and referred,
Reported, and placed on calendar,
Passed house,
OFFICE JUDGMENTS.
H. B. 286, To amend Code in relation
to; reported, and read 1st time,
Read 2d time; engrossed, and passed
house,
Passed senate,
See Suits and Accounts.
OFFICERS OF GOVERNMENT.
Resolution authorizing payment of
claims due, since April 1865; re¬
ferred,
H. B. 28, Therefor; reported; read 1st
time, and printed,
Printing reconsidered; bill read 2d
time, and engrossed,
Passed house,
Passed senate,
House joint resolution for election of;
adopted,
Agreed to by senate with amendment;
agreed to by house,
Senate resolution rescinding resolution
for election; agreed to by house,
Resolution for legalizing acts during
war; referred,
Resolution to amend Code so as to
make salaries of, payable monthly;
referred,
Resolution for increasing salaries of,
in basement; referred,
Adverse report; agreed to,
Resolution as to duration of terms of,
appointed by governor; referred,
Report of committee; laid on table,
Taken up, and concurred in,
S. B. 44, To amend Code in relation
to appointment of, at seat of gov¬
ernment; communicated,
357
39
45
55
56
57
61
73
235
239
242
348
349
357
370
451
463
256
130
132
154
158
INDEX.
523
Twice read, and referred, 160
Reported with amendment, 261
Amendments adopted, and passed house, 295
Amendments of house disagreed to by
senate, 378
Referred, 384
Reported, and placed on calendar, 406
Passed by, 416, 420
House insist on amendments, 436
Resolution to exempt from military
duty; referred, 241
S. B. 85, To repeal act and revive sec¬
tions of Code in regard to salaries
of; communicated, 281
Twice read, and referred, 289
Substitute reported, and placed on
calendar, 330
Amendments to substitute rejected;
substitute engrossed, 332-3
Passed house, 339
Senate disagree to house amendments,
and ask committee of conference, 360
Referred to finance, 362
Reported; senate resolution for con¬
ference committee; agreed to, 368
Report of committee agreed to by house, 372
Committee announced, 375
Substitute reported, and placed on
calendar, 407
Substitute passed senate, 407
Passed house, 414
Resolution of senate for return of bill;
communicated, 415
Agreed to, and bill returned, 419
Report of conference committee;
agreed to by senate, 429
See Elections.
OFFICERS OF HOUSE.
Resolution of thanks to,
465-6
OHIO RIVER.
Resolution for constructing railroad to;
referred, 83
OLD DOMINION PORCELAIN
COMPANY.
H. B. 181, To incorporate; presented,
and referred, 236
Reported, and read 1st time, 240
Read 2d time, and engrossed, 318
Passed house, 327
Passed senate, 331-2
OLD DOMINION TOWING AND TRANS¬
PORTATION COMPANY.
H. B. 266, To incorporate; presented,
and referred, 343
Reported, and read 1st time, 349
Read 2d time, and engrossed, 405
Passed house, 409
Passed senate, 417
OPEN ACCOUNTS.
See Accounts.
ORANGE AND ALEXANDRIA RAIL¬
ROAD.
Resolution for extending, to Danville;
referred, 35
Memorial of stockholders praying res¬
toration of, to former president and
directors; referred, 75
Report of committee; laid on table,
and printed, 159-60
Senate joint resolution in relation to;
communicated, 175
Read twice, and referred, 176
Reported back, 181
Passed by, 219
Again passed by, 222
Taken up; proceedings on; amended,
and passed house, 229-30
Motion to reconsider; rejected, 232
House amendments disagreed to by
senate, and committee of confer¬
ence asked, 239
Committee of conference agreed to
by house, 241
Committee announced, 248
Report of committee, 257
Agreed to by house, 258
Agreed to by senate, 259
Communication from governor in rela¬
tion to, 225
See Railroads.
ORDINANCES OF CONVENTION.
Resolution as to any, after 21st April
1861, inconsistent with the present
condition of the country; referred, 136
ORDINARIES.
H. B. 229, To amend Code as to li¬
censes for keeping; reported, and
read 1st time, 298
Read 2d time, and engrossed, 356
Passed house, 373
Passed senate, 428
OVERSEERS OF POOR.
Resolution to impose fine on, for fail¬
ing to qualify; referred, 59
Resolution to amend laws so as to al¬
low, to bind out children without
consent of parents; referred, 75
S. B. 23, Authorizing, to sell wood
from poorhouse land in New Kent;
communicated, 109
Read three times, and passed house, 110
Resolution for furnishing, with Acts
of Assembly; referred, 137
H. B. 206, Amending Code in relation
to; reported, and read 1st time, 262
Read 2d time, and engrossed, 355
Passed house, 373
Passed senate, 428
OYSTERS.
Resolution referring governor's mes¬
sage in relation to, to joint commit¬
tee, 38
524
INDEX.
Communicated to senate, 54
Agreed to by senate with amendments;
agreed to by house, 56
Committee announced, 62
Authorized to employ a clerk by se¬
nate,
Petition of citizens of Tangier islands
in relation to; referred, ' 53
Resolution to amend Code so as to
prevent planting by non-residents;
referred, 100
Resolution to amend Code so as to
give owners of lands exclusive
right of planting, on shallows
fronting such lands for a certain
distance; referred, 160-61
H. B. To provide for renting shallows
suitable for planting; presented, and
referred, 307
S. B. 110, To amend Code in regard
to planting, &c.; communicated, 353
Twice read, and referred, 357
Reported with amendment, and placed'
on calendar, 368
Amended, and passed house, 372
Amendment of house agreed to by
senate, 404
H. B. 301, Imposing tax on; reported,
and read 1st time, 422
Read 2d time; amendments rejected;
amended, and engrossed, 438-9
Passed house, 450
Passed senate with an amendment;
agreed to by house, 465
PADGETT, JOSEPH.
Memorial of; referred, 216
H. B. 157, For relief of; reported,
and read 1st time, 220
Read 2d time, and engrossed, 317
Passed house, 326
Passed senate, 458
PAGE, CAPTAIN HUGH NELSON
(C. S. NAVY).
Joint resolution for appropriation for
support of; referred, 237
Adverse report; agreed to, 245
PAGES.
Resolution to appoint three, 32
Resolution for amount of pay of, 84
PAMUNKEY RIYER.
Resolution for authorizing toll bridge
across; referred, 337
H. B. 265, Therefor; reported, and
read 1st time, 349
Read 2d time; amended, and engrossed, 404
Passed house, 409
Passed senate, 429
PAPER.
Resolution for incorporating manu¬
factory of, in Richmond; referred,
49
180, Joint resolution for sale of, in li¬
brary; reported, and read 1st time, 236
Read 2d time, and engrossed, 318
Passed house, 327
Motion to reconsider passage entered, 331
Agreed to, and resolution passed by, 332
Recommitted, 345
Reported with amendment, 384
Amendment agreed to, and resolution
passed house, 387-8
Passed senate, 406
PARKER, WILLIAM H.
Resolution allowing, to receive grant
of part of shores east of Linen bar;
referred, 40
H. B. 30, Therefor; reported, and en¬
grossed,
Passed house, 86
Passed senate, 175
PARSONAGES.
Resolution to amend Code so as to ex¬
empt, from taxation; referred, 136
PARTITION.
H. B. 203, To amend Code in relation
to; reported, and read 1st time, 262
Read 2d time, and engrossed, 318
Passed house, 335
Passed senate, 382
PASSENGERS.
Resolution for taxing, on railroads and
steamboats; referred, 112
PATENTS.
Resolution of enquiry as to number is¬
sued for land since 1st January 1865;
agreed to, 281
Response of register; laid on table, 357
PAULETTE, JOHN W.
Memorial of, for payment of a claim
for salt due him by the state; re¬
ferred, 116
Adverse report; laid on table, 159
See Claims.
PAUPERS.
Resolution to provide against impor¬
tation of; referred,
307
PENDING CLAIMS.
Majority and minority reports; printed, 275
PENITENTIARY.
Resolution for election of superinten
dent and storekeeper; presented, 59
Taken up, and laid on table, 70
H. B. 16, Amending Code and reor¬
ganizing; reported, 69
Read 1st time, 70
Read 2d time, and amended; amend- '
ment pending, 147
INDEX.
525
Taken up, and laid on table, 154
Taken up, and placed on calendar, 231
Taken up, and amendment pending, 234
Further proceedings; bill rejected, 237-8
Petition and resolutions for payment
of sundry persons for supplies fur¬
nished; referred, 71, 89, 130
Adverse report of committee; laid on
table, 159
Taken up, and motion to recommit
pending, 217
Referred to committee for courts of
justice, 221
Majority and minority reports; printed, 275
Minority report adopted; vote adopt¬
ing reconsidered; passed by, 331
Resolution for abolishing imprison¬
ment in, for less than five years;
referred, 72
Report of directors; communicated by
governor, and referred, 73-4
Committee on finance discharged; re¬
ferred to committee on penitentiary, 85
Resolution for increasing pay of inte¬
rior guard; referred, 100
Joint resolution for purchase of arms
for public guard; twice read, and
engrossed, 102
Adopted by house, 104
S. B. 25, Authorizing governor to pur¬
chase arms for guard; communicated, 109
Read three limes, and passed house, 110
Resolution for keeping record of con¬
duct of prisoners, &c.; referred, 157
H. B. 170, Therefor; read 1st time, 230-31
Read 2d time, and engrossed, 318
Passed house, , 326
Passed senate, 427
Joint resolution for election of super¬
intendent and storekeeper; amend¬
ed, and adopted, 240
Agreed to by senate with amendments;
agreed to by house, 247
Election of, 263 to 266
S. B. 125, To amend Code so as to in¬
crease pay of certain officers; com¬
municated; twice read, and referred, 335
Reported, and placed on calendar, 349
Passed house, 352
H. B. 269, Authorizing" governor to
hire out convicts in, to work in
coal-pits; referred, 290
Reported, and read 1st time, 350
Read 2Efafeime, and engrossed, 451
Passed Muse, 462
Passed senate, 465
H. B. 297, Authorizing an appropria¬
tion for use of; reported, and read
1st time, 418
Read 2d time; engrossed, and passed
house, 419-20
Passed senate, 429
PEOPLE OF COLOR.
See Colored Persons.
PERSONAL PROPERTY.
See Property.
PERSONAL REPRESENTATIVES.
H. B. 29, Amending Code as to assets
in hands of, exempt from sale; re¬
ported, 80
Read 2d time, and engrossed, 117
Passed house, 118
Passed senate, 144
Resolution amending Code and classi¬
fying debts against decedents' es¬
tates, 112
PERSONS.
See Assessment.
PERSONS UNDER DISABILITY.
H. B. 204, Amending Code as to pro¬
ceeds of lands sold for; reported,
and read 1st time, 262
Read 2d time, and engrossed, 355
PETERSBURG (CITY OF).
Petition of justices; referred, 231
S. B. 163, Authorizing council to fund
interest due on bonds of; communi¬
cated, 415-16
Twice read; referred, and reported, 417
Passed house, 437
PETERSBURG IRON WORKS.
Resolution for leave to bring in bill to
incorporate; referred, 35
Committee announced, 37
H. B. 3, Therefor; read 1st time, 45
Passed house, 52
Passed senate, 73
PETITIONS.
See Resolutions and Petitions.
PHYSICIANS.
Resolution to license only graduates in
medicine; laid on table, 39
Taken up, and referred, 231
Committee discharged, and referred to
schools and colleges, 251-52
Resolution requiring examination of,
before a medical board; referred, 231
Committee discharged, and referred
to schools, &c. 251-52
See Medical Examiners.
PIEDMONT RAILROAD COMPANY.
Resolution for change of gauge in
road; referred to select committee,
and committee appointed, 87
H. B. 35, Ratifying ordinance of North
Carolina in relation to; reported, and
passed house, 88
Passed senate, 90
PILOTS.
H. B. 123, To amend Code in relation
to; referred, 105
526
INDEX.
Reported, and read 1st time, 171
Read 2d time; amended, and engrossed, 244
Passed house, 299
Motion to reconsider passage; rejected, 311
Passed senate, 367
H. B. 124, Amending 25th and 27th
sections of chapter 92 relating to;
referred, 116
Reported, and read 1st time, 171
Read 2d time; amended, and engrossed, 244
Passed'house, 296
Passed senate, 335
PITTSYLVANIA COUNTY.
Resolution for establishing election
precinct in; referred, 140
H. B. 95, Therefor; reported, and read
1st time, 151
Read 2d time, and engrossed, 173
Passed house, 176
Passed senate, 457
PITTSYLVANIA, FRANKLIN AND BO¬
TETOURT TURNPIKE.
Resolution for transferring part of, to
Franklin county; referred, 141
PITTSYLVANIA RAILROAD COMPANY.
Resolution for amending charter; re¬
ferred, 116
H. B. 161, Therefor; reported, and
read 1st time, 227
Passed by, 317
Again passed by, 348
Passed by, 353, 359, 404, 437
PLANK ROADS.
Resolution for transferring, to counties;
referred, 45
H. B. 39, Therefor; reported; read
twice, and printed, 92
Laid on table, 119
Taken up, and recommitted, 139
PLANTERS LOAN ASSOCIATION.
H. B. 164, To incorporate; presented,
and referred, 141
Adverse report, 226
Recommitted, 317
Substitute reported, and placed on
calendar, 321
Passed by, 348
Passed by; motion to print; rejected, 353
Read 2d time; amended, and engrossed, 359
Passed house, 404
Passed senate, 427
H. B. To incorporate; ju'esented, and
referred, 314
PLANTERS SAVINGS BANK OF
FARMVILLE.
Petition of citizens of Prince Edward
for incorporation of; referred, 217
H. B. 165, Therefor, 217
Reported, and read 1st time, 226
Read 2d time, and engrossed, 318
Passed house, 326
Passed senate, 382
PLANTERS SAVINGS BANK OF RICH¬
MOND CITY.
S. B. 80, To incorporate; communi¬
cated, 328
Twice read, and referred, 329
Reported, and placed on calendar, 376
Passed house, 402
POISONS.
H. B. Requiring a record of sale of;
presented, and referred, 221
POLICE.
Resolution to amend Code as to coun¬
ty; referred, 33
Resolution for organizing military
force for, in each county; referred, 44
Resolution authorizing county courts
to appoint; referred, 52
S. B. 42, To authorize special, to
search for stolen property; com¬
municated, 310
Twice read, and referred, 311
Reported, and placed on calendar, 330
Amendment of committee; agreed to
by house, 332
Amendment of house; agreed^o by
senate, 357
POLITICAL PRISONERS.
Senate joint resolution for release of;
read twice, and laid on table, 64
Unsuccessful motion to take up, 82-3
Taken up, and agreed to by house, 87
House committee announced, 91
Report of committee, 107-8
Agreed to by senate and house, 108
Resolution requesting governor to
communicate to president, 111-12
POLLARD," H. RIVES.
Arrest of, for breach of privileges
of house, and placed in custody, 123
Proceedings in relation to, and release
upon his recognizance, 125-26
Case postponed, 128
Further proceedings; resolution for
pay of witnesses, &c. 145-46
Trial of, proceeded with; his affidavit
in relation to; put on journal, &c. 212-13
Further proceedings; reprimanded, and
discharged, 214
POLLARD, J. 0.
S. B. 11, For relief of; communicated,
and referred, 77
Passed house, 80
POLLS.
II. B. 287, To amend act changing
manner of examining; referred, 79
INDEX.
527
Reported, and read 1st time, 385
Read 2d time, and engrossed, 451
Passed house, 462
Resolution for amending act changing
manner of examining; referred, 140
POOR.
Resolution for reducing into one the
several acts relating to; referred, 32-3
POORHOUSES.
See Negro Poorhouses.
POPULAR EDUCATION.
See Education.
PORT REPUBLIC.
Resolution for incorporating; referred, 130
Committee for courts discharged, and
referred to propositions, &c. 132
II. B. 100, To incorporate; presented,
and referred, 135
Reported, and read 1st time, 152
Read 2d time, and engrossed, 177
Passed house, . 219
Passed senate, 261
PORTSMOUTH.
Resolution for including in 1st judicial
circuit; referred, 51
S. B. 43, Therefor; communicated, 129
Read twice, and referred, 133
Adverse report; bill rejected by house,
and report of committee laid on table, 151
Communication from common council
as to appointment of high constable;
referred, 216
H. B. 169, Therefor; reported, and
read 1st time, 230
Read 2d time, and engrossed, 234
Passed house, 238
Passed senate, 320
H. B. 168, To amend Code so as to
create a judge for hustings court
of; referred, 216
Reported, and read 1st time, 230
Read 2d time; amended, and engrossed, 319
Passed house, 326
Passed senate with amendment, 378
Referred, 384
Reported, and placed on calendar, 399
Amendments of senate agreed to by
house, 415
PORTSMOUTH CITY RAILROAD COM¬
PANY.
S. B. 158, To incorporate; communi¬
cated, 440
Read twice; referred; reported, and
placed on calendar, 442
Passed house, 461
POSTAGE STAMPS.
Resolution directing clerk to furnish,
to members of house; laid on table, 59
POSTMASTER GENERAL.
Senate joint resolution as to condition
of mails in this state; communicated,
and agreed to by house, 109
POSTMASTERS.
Resolution requesting modification of
their oath; referred, 136
Adverse report; agreed to, 152
POTOMAC BRIDGE COMPANY.
Memorial of; referred, 129
H. B. 173, Authorizing sale of state's
interest in; reported, and read 1st
time, 235
Read 2d time; amended, and en¬
grossed, 319
Passed house, 327
Passed senate, < 382
POUND GAP BRIDGE COMPANY.
H. B. 178, To incorporate; presented,
and referred, 189
Reported, and read 1st time, 236
Read 2d time, and engrossed, 318
Passed house, 327
Passed senate with amendment, 361
Referred, 362
Reported, and placed on calendar, 375-76
Amendment of senate agreed to by
house, 401
POUND GAP ROAD.
Petition of citizens of Wise for change
of; referred, 45
H. B. To transfer to Wise county; re¬
ferred, 247
POUND RIVER.
Resolution authorizing Wise county to
build a toll bridge across; referred, 84
POWELL'S CREEK.
See Neabsco and Powell's Creeks.
POWELL'S RIVER.
Petition of William R. Graham to build
dam across; referred, 44
H. B. 21, Therefor; twice read, and
engrossed, 74
Passed house, 82
Passed senate, 112
POWELL, WALTER.
S. B. 10, For relief of; communicated,
and passed house; passage and 3d
reading reconsidered, and bill recom¬
mitted, 79
Reported with amendment, and passed
house, 86
House amendment agreed to by senate, 93
PRAYER.
Resolution to invite clergy of city to
open session with,
33
528
INDEX.
PRESENTMENTS.
Resolution allowing service of consta¬
bles, &c. on juries in case of; re¬
ferred, 51
Reported inexpedient, 55
PRESIDENT OF THE UNITED STATES.
Senate joint resolution approving poli¬
cy in regard to reconstruction; com¬
municated, 263
Substitute reported, and placed on
calendar, 275
Taken up; amended, and agreed to, ' 283-4
mendment of house agreed to by
senate, 288
Resolution appointing speaker of house
chairman of committee of house un¬
der said joint resolution; agreed to, 290
House committee announced, 294
Report of committee; printed, 330
PRIMARY SCHOOLS.
Resolution for better system of; re¬
ferred,
217
PRINCESS ANNE COUNTY.
Petition of citizens for continuance
of stay law; referred, 231
Petition of citizens in relation to pub¬
lic lands in; referred, 236
PRINCE WILLIAM COUNTY.
Memorial of citizens of, for repeal
of stock law; referred, 35
H. B. To amend act for protection of
crops in; presented, and referred, 35
Committee discharged, and referred to
agriculture, &c. , 46
Resolution for making Neabsco and
Powell's creeks lawful fences; re¬
ferred, 78, 146
Remonstrance of citizens against re¬
peal of fence law; referred, 216
Committee discharged, 240
PRINCE WILLIAM MINING AND
MANUFACTURING CO.
H. B. 172, To incorporate; presented,
and referred, 147
Committee on agriculture, &c. dis¬
charged; referred to propositions,
&c. 227
Reported, and read 1st time, 235
Read 2d time, and engrossed, 318
Passed house, 327
Passed senate, 361
PRINTING.
Resolution of enquiry as to, done for
house of delegates; referred, 146
Report of committee; laid on table, 167
PRIVATE BILLS.
Resolution for postponing; agreed
to, 445-46
. PRIVATE INCORPORATIONS.
H. B. 256, In regard to printing acts
of; referred, 321
Reported, and read 1st time, 337
Unsuccessful motion to take up, 354
Read 2d time, and engrossed, 388
Passed house, 416
Passed senate, 422
PRIVILEGES OF HOUSE.
Sundry persons arrested for breach of, 123
Proceedings thereon, 125-26
Messrs. Tyler and Coleman discharged,
and Mr. Pollard recognized, 126
Case of Mr. Pollard postponed, 128
Further proceedings; resolution for
payment of witnesses; committee
appointed, &c. 145-46
H. B. 105, For payment of witnesses
in case of; reported; read twice;
engrossed, and laid on table, 153-54
Taken up, and placed on calendar, 228
Read 3d time; proceedings thereon;
recommitted, 233
Substitute reported, and placed on
calendar, 246
Amended, and passed by, 248
Passed house, 254
PROCEEDINGS. .
H. B. 221, To give effect to certain,
during the war; reported, and read
1st time, 280
Read 2d time; amended, and engrossed, 354
Passed house, 373
Passed senate., . 429
H. B. 306, To amend act giving effect to
certain; reported, and read 1st time, 444
See Courts of Justice.
PROCESS.
Resolution to repeal act prescribing
oath prior to issue of; referred, 38
H. B. 132, Therefor; reported, and read
1st time, 180
Read 2d time, and engrossed, 301
Passed house, 316
Unsuccessful motion to reconsider, 333.
Passed senate, ' 357
Resolution for staying, for given pe¬
riod; referred, 38
H. B. 201, To prevent abatement of,
in certain cases; reported, and read
1st time, 261
Read 2d time, and engrossed, 319
Passed house, 335
Passed senate, 382
PROCESSIONERS.
Resolution giving county courts power
to appoint, when records are lost; re¬
ferred, 172
See Lands.
PROCESSIONING.
INDEX.
529
PROFESSIONAL MEN.
See Merchants, &c.
PROMISSORY NOTES.
See Bonds and Notes.
PROPERTY.
Resolution for commissioners to list,
taken or damaged during the war;
adopted, 40
Adoption reconsidered, and resolution
referred, 72
H. B. 33, Therefor; reported, and
read 1st time, 81
Read 2d time; amended, and indefi¬
nitely postponed, 117
Resolution to exempt, from taxation
when held by United States author¬
ities; referred, 48
H. B. 79, For recording losses of, dur¬
ing war; presented, and referred, 121
Reported, and read 1st time, 132
Read 2d time; amended, and en¬
grossed, 165
Passed house, 171
Passed senate, 225
H. B. For taking list of, taken or de¬
stroyed during the war; referred, 131
See Assessment.
See Arms.
PUBLIC ARMS.
PUBLIC BUILDINGS.
Governor's message in relation to re¬
pairs of; referred to library com¬
mittee, 51
Committee discharged, 186
See Superintendent of Public Buildings.
PUBLIC DEBT.
Resolution referring governor's mes¬
sage as to settlement of, between
Virginia and West Virginia, 52
Resolution declaring it inadvisable to
pay or fund interest on, until ar¬
rangements are made for settlement
. of joint liabilities of Virginia and
West Virginia, ' 114
Resolution for funding interest on; re¬
ferred, 115
H. B. 277, Therefor; reported, and read
1st time, 369
Read 2d time, and engrossed, 436
Passed house, 448
Resolution for commissioners to settle,
between Virginia and West Virginia;
referred, 121
158, Joint resolution therefor; re¬
ported, and read 1st time, 221
Passed by, 317
See Virginia.
PUBLIC GUARD.
Resolution for reorganizing; referred;
67
57
Joint resolution therefor; reported;
amended; read three times, and
passed house, 81
Agreed to by senate, 86
Joint resolution for purchase of arms
for; reported; read twice, and en¬
grossed, 102
Adopted by house, 104
S. B. 25, For purchase of arms for, at
penitentiary; communicated, 109
Read three times, and passed house, 110
H. B. 85, Reorganizing; reported, and
read 1st time, 138
Substitute offered; amended; adopted,
and engrossed, 166
Passed house, 171
Passed senate, 223
Resolution for leasing armory grounds,
and providing barracks for; referred, 44
H. B. 112, Therefor; reported, and read
1st time, 160
Read 2d time; amended, and en¬
grossed, 224
Passed by, 234
Laid on table, 238
Placed on calendar, 262
Passed house, 293
Passed senate with amendments, 374
Referred, 376
Reported, and placed on calendar, 398-99
Amendment of senate agreed to by
house, 415
PUBLIC IMPROVEMENTS.
Resolution for withdrawing state
proxies and directors from con¬
trol of; referred, 65
Resolution for appointing inspectors
to examine condition of; referred, 65
Resolution for exchange of state stock
in, for bonds at par; referred, 65
PUBLIC LANDS.
Resolution as to validity of sales of,
by authorities at Richmond during
the war; referred, 95
Petition of citizens of Princess Anne
in relation to, in that county; re¬
ferred, 236
See Lands.
PUBLIC INSTRUCTION.
See Bureau of Public Instruction.
PUBLIC MONEYS.
H. B. 217, To amend law as to enforc¬
ing payment of, into treasury; re¬
ported, and read 1st time, 279-80
Read 2d time, and engrossed, 356
Passed house, 273
See Depositaries of Public Moneys.
Banks.
PUBLIC OFFICES.
See Officers of Government.
530
INDEX.
PUBLIC PRINTER.
Resolution for election of; communi¬
cated to senate, 34
Order for return to house, 35
Returned, and laid on table, 36
Taken up; amendment offered, and
laid on table; 77
Governor's message in relation to;
N referred to joint committee; 37
Resolution for election of, 59
Report of majority and minority of
joint committee on election of; re¬
committed, 85
Senate joint resolution referring gov¬
ernor's message relating to; commu-
„ nicated, 66
House committee announced, 67
PUBLIC PRINTING.
Resolution to provide for, by contract;
referred, 59
Committee discharged, and referred to
select committee, 63
Resolution of Mr. Word providing for,
of the two houses by contract; re¬
ferred, 88
Resolution for joint committee to con¬
tract for and supervise, 90
Taken up; amended, and agreed to, 94
Disagreed to by senate, and committee
of conference appointed, 99
Report of committee; laid on table, and
printed, 127-8
Report of committee of conference;
agreed to by both houses, 137
Order for clerk to have, executed for
house, 90
Resolution for electing superintendent
of; referred, 95
Resolution for select committee to re¬
port bills to carry into effect the re¬
port of the committee of conference
in regard to; adopted, 139
Committee announced, 144
H. B. 119, To amend Code in relation
to; reported, and read 1st time, 165
Read 2d time, and amended; un¬
finished, 204-5
Taken up; amended, and engross¬
ed, 217-18
Passed house, 223
Passed senate with amendments, 273
Referred to select committee, 275
ResQlution of senate for return of bill;
communicated, 276-7
Agreed to, and bill returned, 280
Passed senate with amendments, and
referred to select committee, 294
Reported adversely to senate amend¬
ments, and placed on calendar, 297
Senate amendments disagreed to by
house, 303
Senate insist on amendments, 309
Placed on calendar, 311
House insist on disagreement, and ask
committee of conference, 314
Committee of conference agreed to by
senate, 320
House committee announced, 322-3
Report of committee; placed on
calendar, 400
Passed by, 420
Report of conference committee;
agreed to by senate and house, 432-3
Resolution to elect superintendent of;
agreed to by house, 445
Agreed to by senate, and superinten¬
dent elected, 451-2
PUBLIC REVENUE.
Resolution authorizing county courts
to appoint collectors; referred, 241
H. B. 298, Appropriating; reported,
and read 1st time, 418
Read 2d time; amended, and en¬
grossed, 433-4
Passed house, 446
Passed senate, 450
PUBLIC ROADS.
Resolution for keeping, in repair by
contract; referred, 57
H. B. 75, Therefor; reported, and read
1st time, 127
Read 2d time, and recommitted, 164
Letter in relation to exemptions from
working on; referred, 168
PUBLIC SCHOOLS.
See Schools.
RAGLAND, RORERT L.
Memorial of, for making Hyco river a
lawful fence; referred, 271
RAILROAD CONNECTIONS COMPANY.
H. B. Incorporating the Richmond and
Petersburg; presented, and referred, 176
RAILROAD EMPLOYEES.
See Telegraph Operators, &c.
RAILROADS.
Resolution to require, to transport, free
of toll, clover seed, guano, &c.; re¬
ferred, 48
Resolution referring governor's mes¬
sage relating to consolidation of lines,
&c., and making provision for com¬
fort of travellers at junctions, 53
Resolution for joint committee to en¬
quire as to contracts with express
&c. companies, 612
Senate resolution for joint committee
as to contracts with express &c.
companies; communicated, 67
Resolution authorizing, to do express
business, and regulating charges; re¬
ferred, 68
INDEX.
531
Resolution for constructing one to Ohio
river; referred, 83
Resolution authorizing the Roanoke val¬
ley railroad company to construct
one from the Keysville extension to
the junction of the Danville and
South-side; referred, „ 84
Resolutions of Mr. Miller for better re¬
gulation of; referred, 96
Resolution requiring, to collect taxes
on passengers; referred, 112
Resolution as to time of opening ticket
office and cars; referred, 157
H. B. 115, Therefor; reported, and
read 1st time, 164
Passed by, 244
Read 2d time, and engrossed, 301
Passed house, 316
Passed senate, 381
Resolution for continuous transporta¬
tion on sundry; referred, 158
Resolution for changing state's interest
in, for bonds of state; referred, 190
Resolution as to fares and freights
charged by; referred, 222
Resolution requiring, to receive cou¬
pons due on their bonds for freight
and fares; referred, 247
Adverse report; agreed to, 312
H. B. 288, To regulate express trans¬
portation over; presented, and re¬
ferred, 247
Reported, and read 1st time, 385
Passed by, 437
Petition of citizens of Rockbridge for
road through Valley of Virginia;
referred, 252
Petition of citizens of Augusta in re¬
lation to Valley; referred, 258
H. B. To protect the state and stock¬
holders in, from injurious competi¬
tion; referred, 258
Resolution for protecting state and
stockholders from injurious com¬
petition; referred, 258
Resolution for limiting charges for
transportation of fertilizers; re-
• ferred, 314
S. B. 78, To regulate express business
over; communicated, 328
Twice read, and referred, 329
Adverse report; placed on calendar, 399
Passed by, 416, 436-7, 448, 459
Resolution to allow, to discharge in¬
debtedness to state with state
bonds, &c.; referred, 377
Adverse report; agreed to, 385
S. B. 71, To facilitate continuous trans¬
portation on sundry; communicated,
referred; reported, and placed on ca¬
lendar, 417
Passed by, , 448, 459
H. B. Authorizing, to subscribe to
Lynchburg and Danville rail¬
road; referred, 431
S. B. 94, To protect the interest of the
state against injurious competition
between Weldon and Baltimore; com¬
municated; twice read, and referred, 442
Reported, and placed on calendar,. 459
Passed house, 460
S. B. 108, To incorporate the Rich¬
mond, Fredericksburg and Poto¬
mac and the Richmond and Pe-
burg railroad connection compa¬
ny; communicated; referred, and
reported, 456
Passed house, . 460
RALEIGH AND GRAYSON TURNPIKE.
Resolution to transfer, to several coun¬
ties; referred, 36
RAPE AND ABDUCTION.
H. B. To amend Code in relation to;
referred, 231
S. B. 33, Amending Code in relation
to; communicated, 232
Twice read, and referred, 234
Reported, and placed on calendar, 251
Passed by, and printed, 252
Amended; passed house, 285'
House amendment agreed to by senate, 313
REAL ESTATE.
Resolution requiring lessor of, to colored
persons to give bond that lessee shall
not become chargeable to county as
a pauper; referred, 59
Resolution to limit amount of taxes on,
in cities; referred, 60
Resolution for exempting, from distress
or levy in case of husband or parent;
referred, 115
REAL PROPERTY.
See Property.
REASSESSMENT.
Resolution for, of lands; referred, 50
Adverse report; agreed to, 138
S. B .• 79, To enable owners of lands per¬
manently injured to obtain; commu¬
nicated; read twice, and referred, 313
Adverse report; placed on calendar, 321
Rejected by house, 323
RECESS.
See Adjournment.
RECONSTRUCTION OF UNION.
See Union.
RECORDS AND PAPERS.
H. B. 183, To amend Code as to pro¬
ving contents of; reported, and read
1st time, 239
Read 2d time, and engrossed, 318
Passed senate, 382
532
INDEX.
REGISTERED BONDS.
Resolution for conversion of, into cou¬
pons; referred, 35
H. B. 62, Therefor; reported; read
twice, and printed, 113
Taken up, and amended, 122
Taken up; proceedings interrupted, 123
Taken up, and engrossment rejected, 129
Resolution for conversion into coupons;
referred, 40
Resolution for statement from auditor
as to amount outstanding, 58
Response of auditor; laid on table, and
printed (Doc. 9), 73
Resolution for paying interest on, to
certain citizens; referred, 122
Resolution for funding interest on, and
providing means for payment of July
interest; referred, 172
REGISTER OF LAND OFFICE.
Resolution for abolishing office of; re¬
ferred, 70
Report of committee thereon; agreed
to, 180
Senate joint resolution for committee
to consider governor's communi¬
cation in relation to; laid on table, 73
Resolution for prohibiting further is¬
sue of warrants by; referred, 87
H. B. 48, Therefor; reported; read
twice, and printed, 101
Engrossed, 117
Passed house, 118
Passed senate, 118
Resolution calling on, for number and
location of warrants issued since 17th
April 1861, 115
Response of register; referred, 122-3
Resolution for committee to examine
report of; rejected, 122
Report of committee to examine of¬
fice; laid on table, 124-5
Resolution of enquiry as to number of
patents issued since 1st January
1865; agreed to, 281
Response of; laid on table, 357
RELIEF.
Preamble and resolution for, of people
of the state; referred, 41
RESOLUTIONS AND PETITIONS.
Resolution for calling for, from elec¬
tion districts alphabetically, 44
RESTORATION OF STATE.
See Virginia.
REUNION OF STATE.
See Virginia.
REVENUE.
Resolution as to times of payment of,
into treasury by sheriffs; referred, 337
H. B. 298, Appropriating, for fiscal
year 1855-6; reported, and read
1st time, 418
Read 2d time; amended, and en¬
grossed, 433-4
Passed house, 446
Passed senate, 450
REVENUE STAMPS.
See Stamps.
RICHARDSON, ROBERT H.
Resolution for paying, for bacon, &c,
furnished penitentiary; referred, 130
Adverse report; laid on table, 159
See Claims.
RICHMOND ACADEMY OF MEDICINE.
H. B. 117, To incorporate; presented,
and referred, 163
Reported, and read 1st time, 164
Read 2d time, and engrossed, 245
Passed house, 296
Passed senate, 320
RICHMOND AND CHARLOTTESVILLE
TURNPIKE.
Petition of citizens of Henrico in re¬
gard to tolls on; referred, 262
Adverse report; agreed to, 400
RICHMOND CITY.
Resolution for amending charter; re¬
ferred, 35
H. B. 73, Therefor; reported, and read
1st time, 126
Read 2d time, amended, and en¬
grossed, 164
Passed house, 165
Passed senate with amendment, and
placed on calendar, 279
Senate amendment agreed to by house, 294
Resolution for incorporating company
for insurance business in; referred, 36
Resolution for limiting jurisdiction of
circuit court of; referred, 66
Resolution for increasing fees for keep¬
ing prisoners; referred, 190
Resolution for increasing salary of
clerk of circuit court of; re¬
ferred, 190
Adverse report; agreed to, 384
H. B. 245, To extend the limits of; re¬
ferred, 307
Reported, and read 1st time, 312
Recommitted, 404
Adverse report; placed on calendar, 418
Rejected, 437
H. B. 281, To repeal act amending
charter; referred, 363
Reported, and read 1st time, 369
Read 2d time; engrossed, and passed
house, 401
Passed senate, 406
INDEX.
533
H. B. 280, To amend act of 1861
amending charter; referred, 863
Reported, and read 1st time, 369
Read 2d time; engrossed, and passed
house, 401
Passed senate, 406
RICHMOND AND DANVILLE RAIL¬
ROAD COMPANY.
Resolution authorizing, to issue bonds;
referred, 53
Resolution authorizing, to secure cer¬
tain liabilities of Piedmont railroad
company; referred, 89
H. B. 41, Therefor; reported; read
twice, and printed, 92
Engrossed, 119
Passed house, 133
Passed senate, 138-9
H.B. 40, Authorizing, to borrow money;
reported; read twice, and printed, 92
Engrossed, and passed house, 116
Passed senate, 118
S. B. 131, Authorizing to lease, hold
and operate the Piedmont road; com¬
municated, 345
Read three times, and passed house, 346
S. B. 168, To increase capital stock;
communicated, 434-5
Twice read, and referred, 442
Amended, and passed house, 464
House amendment agreed to by senate, 466
RICHMOND, FREDERICKSBURG AND
POTOMAC RAILROAD COMPANY.
S. B. 7, To increase capital stock; com¬
municated; twice read, and referred, 73
Commitment reconsidered, and bill
passed house, 78
S. B. 108, Incorporating connection
company with Richmond and Pe¬
tersburg company; communicated;
twice read; referred; reported, and
placed on calendar, 456
Passed house, 460
RICHMOND HARMONIC ASSOCIATION.
S. B. 127, To incorporate; communi¬
cated; 435
Twice read, and referred, 443
Reported, and placed on calendar, 459
Passed house, 462
RICHMOND HOME INSURANCE CO.
H. B. 58, To incorporate; presented,
and referred, 102-3
Reported; read twice, and printed, 106
Taken up, and laid on table, 121
Taken up; amended, and engrossed, 174-5
Passed house,
176
Passed senate,
181
RICHMOND MEDICAL COLLEGE.
, B. 251, For relief of; presented,
and referred, 188
Reported, and read 1st time, 330
Read 2d time, and engrossed, 405
Passed house, 409
Passed senate, 417
RICHMOND ANI(| NEWPORT NEWS
RAILROAD COMPANY.
H. B. To incorporate; presented, and
referred, 350
RICHMOND AND PENINSULA RAIL¬
WAY COMPANY.
S. B. 88, To incorporate!, communi¬
cated; twice read, and referred, 383
Reported, and placed on calendar, 413
Amendments offered and rejected; bill
passed house, 420-1
RICHMOND AND PETERSBURG RAIL¬
ROAD COMPANlf.
Resolution to authorize, to borrow
money; referred, | 36
H. B. 3i, In relation to; reported, 46
Read three times, and passed house, 53
Resolution for return of, to house; re¬
turned, 62
Vote on passage reconsidered; passed, 64-5
Passed' senate, 77
S. B. 108, To incorporate connection
company with the Richmond, Fred¬
ericksburg and Potomac railroad
company; communicated; read
twice; referred; reported, and,
placed on calendar, 456
Passed house, 460
RICHMOND AND PETERSBURG RAIL¬
ROAD CONNECTIONS COMPANY.
H. B. Incorporating stockholders; pre¬
sented, and referred, 176
H. B. Incorporating stockholders; pre¬
sented, and referred, 290
S. B. 173, Incorporating; communi¬
cated; referred, and reported, 442
Amended, and passed house, 463-4
Hoilse amendment agreed to by
senate, 466
See Railroads.
RICHMOND SAVINGS BANK AND IN¬
SURANCE COMPANY.
H. B. 214, To incorporate; referred, 257
Reported, and read 1st time, 275
Passed by, 354
Read 2d time; amended, and engrossed, 360
Passed house, 404
Passed senate, 412
RICHMOND, WILLIAMSBURG AND
CENTRAL TURNPIKE COMPANY.
H. B. 296, To amend charter; reported,
and read 1st time, 413
RIGHT OF SUFFRAGE.
See Suffrage.
534
INDEX.
EIGHTS AND EEMEDIES.
S. B. 142, To preserve and extend the
time for exercise of; communi¬
cated, 423
Twice read; referred; reported, and
placed on calendar, 480
Passed house, 448
RIVANNA BRIDGE.
H. B. 191, Authorizing reconstruction
of; presented, and referred, 247
Reported, and rea& 1st time, 251
Passed by, 317, 353, 359
Dismissed, 404
S. B. 112, Authorizing reconstruction
of; communicated, 303
Twice read, and referred, 305
Reported, and placed on calendar, 320
Passed house, 323-4
ROANOKE COLLEGE.
Memorial of, for donation from land
fund; referred,
129
ROANOKE COUNTY.
Resolution for changing election pre¬
cinct in; referred, 140
H, B. 94, Therefor; reported, and read
1st time, 151
Read 2d time, and engrossed, 173
Passed house, 176
Passed senate, 457
ROANOKE VALLEY RAILROAD COM¬
PANY.
Resolution authorizing construction of
road from Keysville extension to the
junction of the Danville and South-
side roads; referred, 84
Resolution for amending act authoriz¬
ing sale of; referred, 89
H. B. 137, Therefor; reported, and read
1st time, 186
Read 2d time, and engrossed, 271
Passed house, 290-1
Passed senate, 320
ROBBERY AND GARROTING.
Resolution for increased punishment
for; referred, 166
H. B. 131, Therefor; reported, and read
1st time, 180
Read 2d time, and engrossed, 245
Passed house, 300
Passed senate, 381
ROCKBRIDGE INSURANCE COMPANY.
Resolution to amend charter; referred, 57
H. B. 20, Therefor; Reported; twice
read, and engrossed, • 74
Passed house, 82
Passed senate, * 95
Petition of citizens of, for railroad
through Valley of Virginia; re¬
ferred, 252
ROCKBRIDGE MANUFACTURING CO.
H. B. 292, To incorporate; presented;
referred; reported, and read 1st
time, 400
Read 2d time, and engrossed, 405
Dismissed, 409
S. B. 155, To incorporate; communi¬
cated, 405
Read twice, and placed on calendar, 406
Passed house, 408
ROCKBRIDGE SAVINGS INSTITUTION
AT LEXINGTON.
S. B. 113, To incorporate; communi¬
cated, 326
Twice read, and referred, 330
Reported, and placed on calendar, 376
Passed house, 402
ROCKINGHAM TURNPIKE.
Resolution of enquiry into condition
of, &c.; referred, 131
H. B. 151, In regard to; reported, and
read 1st time, 215
Read 2d time, and engrossed, 297
Passed house, 301
Passed senate, 368
RULES OF HOUSE.
Rules of 1858-9 amended, and adopted, 4-5
Committee announced, 42
Report of committee postponed, 183
Taken up, and adopted, 193 to 204
Resolution to amend, so as to allow
committees to elect clerks of; re¬
ferred, 44
Resolution to change, as to length of
speeches in debate; referred, 362
Adverse report; agreed to, 376
Resolution for suspending, in relation
to communications to senate; agreed
to, 376-7
Resolutions to suspend, in regard to re¬
ference of local bills from senate; re¬
jected, 442
RUSSELL, JAMES B.
Petition of, in relation to claims and de¬
linquent lists in hands of; referred, 39
SAINT FRANCIS INFIRMARY OF RICH¬
MOND CITY.
S. B. 100, To incorporate; communi¬
cated, and referred, 279
Adverse report; placed on calendar, 399
Bill rejected, 403
Reconsidered; amended, and passed
house, 408
Amendments of house agreed to by
senate, 417
SAINT JAMES IMPROVEMENT
COMPANY.
H. B. 52, To incorporate; presented,
and referred, 99
INDEX.
535
Reported; twice read, and printed, 102
Passed house, 107
Passed senate, 439
SAINT PATRICK BENEFICIAL SO¬
CIETY OF PORTSMOUTH.
S. B. 69, To incorporate, communi¬
cated, 246
Referred, 247
Adverse report; placed on calendar, 279
Recommitted, 296
Adverse report; placed on calendar, 399
Bill rejected, 403
SALARIES.
Resolution for modifying tax on, of
clerks; referred, 40
Resolution to amend Code as to, of offi¬
cers of general assembly; referred, _ 70
H. B. 23, Therefor; reported; twice
read, and engrossed, .74
Passed house, 82
Passed senate, 86
Resolution to amend Code so as to
make payments of, monthly; re¬
ferred, 77
H. B. 64, Therefor; reported; read
twice, and printed, 113
Engrossed, 156
Passed house, 162
Passed senate, 185
Resolution for increasing, in basement;
referred, < 83
H. B. 163, Amending Code as to, of
clerks of senate and house; reported,
and read 1st time, 227
Read 2d time, and engrossed, 317-18
Passed house, 326
Passed senate with amendments, 446
Amendments of senate agreed to by
house, 446-7
S. B. 85, To repeal act and revive cer¬
tain sections of Code relating to;
communicated, 281
Twice read, and referred, 289
Substitute reported, and placed on cal¬
endar, 330
Amendments to substitute rejected;
ordered to 3d reading, 332-3
Passed house as amended, 339
House amendments disagreed to by
senate, and committee of confer¬
ence asked, 360
Referred to committee on finance, 362
Reported, and resolution for committee
of conference agreed to, 368
Report of committee agreed to by
house, 2^2
Committee announced, 375
Substitute reported, and placed on cal¬
endar 407
Substitute passed senate, 407
Passed house, 414
Resolution of senate for return of bill;
communicated, 415
Agreed to, and bill returned, 419
Report of conference committee agreed
to by senate, 429
See Assessment.
SALEM STATION AND RAPPAHAN¬
NOCK TURNPIKE.
Resolution for transferring a portion
of, to Fauquier county; referred, 157
SANGSTER, JAMES.
Petition of, and H. B. 159, for relief of;
presented, and referred, 221
Reported, and read 1st time, 226
Read 2d time; amended, and engrossed, 319
Passed house, 326
Passed senate, 427
SAVINGS BANKS.
Resolution enquiring into condition of;
referred, » 136
Adverse report; agreed to, 376
SCHOOLS.
Resolution referring governor's mes¬
sage in relation to,
See Common Schools.
39
SCOTTSVILLE.
H. B. 290, To amend charter; present¬
ed, and referred, 385
Reported, and read 1st time, 399
Read 2d time, and engrossed, 405
Passed house, 408
Passed senate, 429
SEALER OF WEIGHTS AND
MEASURES.
H. B. 289, To amend act in relation to;
presented, and referred, 188
Reported, and read 1st time, 399
SEALS OF THE COMMONWEALTH.
H. B. 207, Concerning, defining use,
&c.; reported, and read 1st time, 262
Read 2d time, and engrossed, 355
Passed house, 373
Passed senate, 428
SEAMAN, CAPTAIN R. D.
H. B. 96, Declaring his house an elec¬
tion precinct in Nelson county; re¬
ported, and read 1st time, 151
Read 2d time, and engrossed, 173
Passed house, 176
Passed senate, 215
SECOND AUDITOR.
House joint resolution for election of;
adopted, 51
Agreed to by senate with amendment;
agreed to by house, 54
Election of, postponed, 139
Resolution for abolishing office of; re¬
ferred, 70
536
INDEX.
Report of committee thereon; agreed
to, 180
Senate resolution for joint committee
to consider governor's communica¬
tion in relation to office of; com¬
municated, and laid on table, 73
Joint resolution for election of; amend¬
ed, and adopted, 240
Agreed to by senate with amendments;
agreed to by house, 247
SECRETAKY OF COMMONWEALTH.
Resolution directing, to furnish to
members copies of constitution
and acts, 35
House joint resolution for election of;
amended, and adopted, 51
Agreed to by senate with amendment;
agreed to by house, 54
Resolution of senate rescinding joint
resolution for election of; agreed to
by house, 82
Joint order for election of; amended,
and agreed to, 139
Resolution to inform senate that the
house was ready to execute joint
order, 140
Election postponed, 143-4
Election of, 147-150
Preamble and resolution for separating
office of, from librarian; referred, 58-9
H. B. 60, Therefor; reported; read twice,
and printed; also report laid on ta¬
ble, 107
Unsuccessful motion to take up, 140
Taken up; amended, and indefinitely
postponed, 155-6
H. B. Prescribing further duties of;
presented, and referred, 78
Report of library committee as to
printing report of; adopted, 79
H. B. 60, Separating office of, from li¬
brarian; reported; read twice, and
printed; report on same subject; laid
on table, 107
SELDEN, WITHERS & CO.
Resolution as to debt due from, and
for collection of same in hands of
trustees; referred, 227-8
279, Joint resolution in relation to; re¬
ported, and read 1st -time, 369
Read 2d time, and engrossed, 440
Passed house, 449
Agreed to by senate, 458
SEMINARIES OF LEARNING.
See Colleges.
SESSIONS OF LEGISLATURE.
See General Assembly.
SHEEP.
Resolution for bill for protection of,
against dogs; rejected,
135
Resolution for protection of, against
dogs; referred, 136
SHENANDOAH COPPER MINING
COMPANY.
H. B. 267, To incorporate; presented,
and referred, 337
Reported, and read 1st time, 349
Read 2d time, and engrossed, 405
Passed house, 409
Passed senate, 429
SHERIFFS AND SERGEANTS.
Resolution for settling accounts of, for
1861 and subsequently; referred, 71
Resolution in regard to fees of, for re- '
moving prisoners and lunatics; re¬
ferred, 83
Resolution as to times of paying reve¬
nue into the treasury; referred, 337
See County Officers.
S. B. 176, For relief of; communi¬
cated, 456
Twice read, and referred, 458
Rejected; reconsidered, and passed
house, 464
SKETCHES OF ACTS.
See Acts of Assembly.
SKIDDY, FRANCIS.
Report of committee on petition of;
printed, 230
See New York and Virginia Steamship
Company.
SLAVE PROPERTY.
Resolution for relief of persons to
whom advancement of, has been
made by will, referred, 104
SLAVERY.
Joint resolution as to the necessary
legislation in view of the extinction
of; referred, 99
S. B. 37, Repealing all laws in relatioif
to; communicated, 232-3
Twice read, and referred, 234
Substitute reported, and placed on cal¬
endar, • 341
Substitute adopted, 366
Ordered to 3d reading, 367
Passed house, 371
Amendments of house agreed to by
senate, 422
Joint resolution in relation to involun¬
tary; referred, 237
SLAVES.
S. B. 37, Repealing all laws relating
to; communicated, 232-3
Twice read, and referred, 234
Substitute reported, and placed on cal¬
endar, 341
Substitute adopted, 366
INDEX.
537
Ordered to 3d reading, 367
Passed house, 371
Amendments of house agreed to by
senate, 422
See Negroes.
SMITH, A. J.
Petition of, for charter to reconstruct
Sweet and White Sulphur Springs
turnpike; referred, 173
Adverse report; agreed to, 236
SMITH, JOHN B.
Petition of, in relation to land on Ke-
gotank island; referred, 362
SMYTH COUNTY.
Resolution authorizing county court
to borrow money for repairing
roads; referred, 57
H. B. 19, Therefor; reported; twice
read, and engrossed, 74
Passed house, 82
Passed senate, 112
Resolution to allow, to sell stock in the
Virginia and Tennessee railroad com¬
pany; referred, 268
Committee for courts discharged, and
referred to propositions, &c. 270
SNQWVILLE WOOLLEN MANUFACTU¬
RING COMPANY OF PULASKI.
Resolution for incorporating; referred, 51
H. B. 17, Therefor; reported, 69
Read 1st time, 70
Read 2d time, and engrossed, 72
Passed house, 76
Passed senate, 95
SOLDIERS.
Resolution for relief of disabled, in con¬
federate army; referred, 78
Resolution for appropriation to furnish
indigent disabled, with artificial
limbs; referred, 137
Adverse report; agreed to, 152
Resolution for publishing list of, killed
in late war; referred, 385
Adverse report; agreed to, 418
SOUTHAMPTON.
Resolution to change election pre¬
cincts in; referred,
Committee discharged,
SOUTH CAROLINA.
Joint resolution for sending books to;
reported, and read 1st time, 450
Read 2d time, and engrossed, 451
Passed house, 45/
Passed senate, 465
SOUTHERN ACCIDENT INSURANCE
COMPANY.
H. B. 70, To incorporate; presented,
and referred, 449
68
Reported, and read 1st time, 123
Unsuccessful motion to take up, 135
Read 2d time; amended, and engrossed, 163
Passed house, 165
Passed senate, 205
SOUTHERN EXPRESS COMPANY.
H. B. 10, To amend charter; reported, 54
Read 1st and 2d times; amended, and
engrossed, 56
Third reading refused, _ 61
Read 3d time, and passed house, 64
Passed senate, 72
S. B. 16, Amending act chartering;
communicated, 88
Referred, 89
Reported, and passed house, 97
SOUTHERN FERTILIZING COMPANY.
H. B. 238, To incorporate; referred, 299
Reported, and read 1st time, 306
Unsuccessful motion to take up, 338
Read 2d time, and engrossed, 346
Passed house, 352
Passed senate, 428
SOUTHERN INLAND NAVIGATION
■ COMPANY.
See Great Southern Inland Navigation
Company.
SOUTH-SIDE RAILROAD COMPANY.
S. B. 60, Authorizing, to borrow money;
communicated, 177
Read three times, and passed house, 183
S. B. 167, To increase capital stock;
communicated, 433
Twice read, and referred, 443
See Railroads.
SOVEREIGNTY OF STATE.
S. B. 32, Amending Code as to offences
against; communicated, 232
Read twice, and referred, 234
Reported with amendment, and placed
on calendar, 251
Passed by, and printed, 252
Amendment of committee agreed to,
and bill passed house, 277
Passed house, 285
Amendment of house agreed to by
senate, 313
SPEAKER OF HOUSE.
See Baldwin, J. B.
SPECIAL POLICE.
See Police.
' SPEECHES.
Resolution to limit to fifteen minutes;
postponed, 313
Referred to committee on rules, 321
Resolution to limit, on motions to
amend tax bill or stay law; referred, 362
538
INDEX.
Adverse report; agreed to, 376
Resolution to limit to five minutes;
agreed to, 445
SPRAGINS VS. SPRAGINS.'
S. B. 47, Authorizing circuit court of
Halifax to rehear case; communi¬
cated, 158
Read twice, and referred, 160
Reported, and passed house, 170
STAFFORD COUNTY.
Resolution to embrace, in act for pro¬
tection of crops; referred, 39
Committee for courts discharged; re¬
ferred to agriculture, &c. 55
Resolution to exempt from taxation;
referred, 61
Committee for courts discharged, and
referred to finance, 91
Resolution authorizing county court to
borrow money for school purposes;
referred, 161
H. B. 143, Therefor; reported, and read
1st time, * 211
Read 2d time, and engrossed, 317
Passed house, 325
Passed senate, 382
H. B. 135, Repealing act exempting
certain white males from working on
roads; reported, and read 1st time, 181
Read 2d time, and engrossed, 301
Passed house, 316
Passed senate, 378
STAMPS.
Resolution for taxing, in costs of suit;
referred, 45
H. B. 200, Therefor; reported, and
read 1st time, 261
Read 2d time, and engrossed, 318
Passed house, 335
Passed senate, 382
STATE.
Resolution for taking list of property
in, damaged during the war; adopted, 40
Adoption reconsidered, and resolution
referred, 72
STATE BONDS.
Resolution for exchanging state im¬
provement stocks for; referred, 65
Adverse report; agreed to, 289-90
Resolution authorizing treasurer to is¬
sue certificates to holders for six
months' interest; referred, 307
Adverse report; agreed to, 357
STATE GEOLOGIST.
Resolution requiring report from, of
mineral resources of state; referred, 78
Report of committee; laid on table, 81
Resolution for considering election of,
on 5th January 1866, , 115
Resolution for considering the appoint¬
ment of, on 13th January 1866; re¬
jected, 135
Resolution for creating office of; re¬
ferred, 136
Adverse report; agreed to, 180
STATE GUARD.
See Public Guard.
STATE OFFICERS.
See Officers of Government.
STATE PROXIES AND DIRECTORS.
Resolution for withdrawing from con¬
trol of, state improvements; re¬
ferred, 65
STATE STOCKS.
Resolution for exchange of, for state
bonds; referred, 65
STATIONERY.
Resolution for furnishing, for house;
referred, 89
STATUTE OF LIMITATIONS.
See Limitations.
STATUTES.
H. B. To amend Code as to construc¬
tion of; referred, 131
See Acts of Assembly.
Construction of.
STAUNTON.
Petition of clerk of hustings court and
bill; presented, and referred, 350
Petition of town of, for transfer of
escheated lands for poor house; re¬
ferred, 358
Adverse report; agreed to, 362
STAY LAW.
Resolution for amending acts in rela¬
tion to; referred, 35
Resolution for, for a given period; re¬
ferred, 38
Resolution to amend, in regard to no¬
tice and interest; referred, 38-9
Resolution to amend 1st section of act
in relation to sales under decrees
and judgments; referred, 49
Resolution for amending, as to dates
in act; referred, 58
Resolution for, for two years, except
of taxes, fines, &c.; referred, 65
Committee on finance discharged, and
referred to courts of justice, 74
Resolution for amending, so as to fund
interest on private debts; referred, 76
Resolution requiring conveyance made
by debtor to enure to benefit of all
creditors during existence of the
law; referred, 77-8
INDEX.
539
H. B. 31, Staying the collection of
debts for limited period; reported,
and read 1st time, 80
Made order of day, 99
Order postponed, 103
Again postponed, 108-9
Postponed, 125
Again postponed, 129-34
Substitute offered, and bill and substi¬
tute recommitted, 135
Report of committee printed; bill and
substitute laid on table, 206-11
H. B. 50, Staying collection of debts
for a limited period; reported; twice
read; amended, and engrossed, 101-2
Passed house, 103
Passed senate, 105
S. B. 26, Amending act for; commu¬
nicated; read three times, and passed
bouse, 110
Resolution for amending act of De¬
cember 1865; referred, 110
H. B. 61, Amending; reported; amend¬
ed, and engrossed, 110
Passed bouse, 113
Letters in relation to; presented, and
referred, 146
Amendments to, introduced; referred, 163
Resolution of Mr. Straughan, embody¬
ing certain provisions; referred, 166
H. B. 184, For collection of certain
debts; referred, 173
Adverse report; bill placed on calen¬
dar, and printed, 239
Resolution of Mr. Evans for engraft-
, ing into, certain provisions as to
minors, widows, &c.; referred, 189
Petition of citizens of Princess Anne
for continuance of; referred, 231
H, B. 140, Providing for, for a limited
period; reported, and read 1st time, 211
Made special order, 239
Taken up; amendments offered; un¬
finished, 259-60
Postponed, 268
Again postponed, 272
Further proceedings; amended;
amendment pending, 274
Taken up, and amended; amendment
pending, 278
Further proceedings; amended; en¬
grossed, and printed, 285-8
Motion to reconsider engrossments;
passed by, 299
Engrossment reconsidered, 307-8
Further proceedings; amended, and
engrossed, 308-9
Passed by, 316
Passed house, 324
Passed senate with amendments, 423
Amendments of senate disagreed to,
and committee of conference ap¬
pointed,
Committee of conference agreed to by
senate, 429
Report of committee, and new com¬
mittee announced, 431-2
Report of 2d committee agreed to by
bouse, 440
Agreed to by senate, 448
Resolution to limit speeches on mo¬
tions to amend, &c.; referred, 362
Adverse report; agreed to, 376
STEALING.
Resolution for making, a capital of¬
fence; referred, 76
STEAMBOATS AND VESSELS.
H. B. 91, To amend Code as to attach¬
ments of; referred, 131
Reported, and read 1st time, 145
Read 2d time, and engrossed, 173
Passed house, 176
Passed senate, 225
STEPHENSON, HENRY.
Petition of, for authority to sell cer¬
tain lands; referred, 39
H. B. 18, For relief of; reported; read
twice, and engrossed, 74
Passed house, 82
Passed senate, 95
S. B. 138, Amending act for relief of;
communicated; twice read, and re¬
ferred, 368
Reported, and placed on calendar, 383
Passed house, 402-3
STEPHENSON, JOHN.
Petition of, for authority to sell cer¬
tain lands; referred, 82
H. B. 46, Therefor; reported; twice
read, and engrossed, 101
Passed bouse, 107
Passed senate with amendment, 302
Referred, 305
Committee on finance discharged, and
referred to courts, 321
Reported, and placed on calendar, 329
Passed by, and vote passing by recon¬
sidered; amended, 339
STILLS.
Resolution for exempting, from taxa¬
tion when used only to distil fruit;
referred, 105
STOCK LAW.
Memorial of citizens of Prince William
for repeal of; referred, 35
Committee discharged, and referred to
agriculture, &c. 55
STOLEN PROPERTY.
Resplution for making purchaser of,
liable for double its value; referred, 157
S. B. 42, Authorizing special police to
search for; communicated, 310
Twice read, and referred, 311
540
INDEX.
Reported, arid placed on calendar, 330
Amendment of committee agreed to
by house, 332
House amendment agreed to by senate, 357
STOREKEEPER OF PENITENTIARY.
See Penitentiary.
SUFFRAGE.
Resolution to restrict right of; referred, 49
SUITS.
Resolution to repeal act prescribing
oath so as to prevent abatement of;
referred, 38
Resolution requiring credits on bonds,
&c. to be endorsed on original writ;
referred, 52
Adverse report; disagreed to, 80
H. B. 36, Therefor; reported; read
twice, and engrossed, 91
Motion for indefinite postponement lost,
and bill laid on table, 118
Resolution confining admission of par¬
ties to, as witnesses in certain cases;
referred, 53
Resolution for removing, to the coun¬
ties where they should have been
brought but for presence of federal
forces; referred, 65
Resolution for arresting, against banks;
referred, 87
H. B. 42, Therefor; reported; read
twice, and printed, 92
Printing reconsidered; bill amended,
and recommitted, 93-4
Resolution for dispensing with writ of
enquiry in, on open accounts; re¬
ferred, 121
Resolution requiring security for costs
in civil actions before issuing pro¬
cess; referred, 228
SUN FIRE INSURANCE COMPANY OF
ALEXANDRIA.
H. B. 194, To incorporate; presented,
and referred, 237
Reported, and read 1st time, 256
Read 2d time, and engrossed, 318
Passed house, 334
Passed senate, 382
SUPERINTENDENT OF PENITEN¬
TIARY.
See Penitentiary.
SUPERINTENDENT OF PUBLIC
BUILDINGS.
Resolution for amending law so as to
increase compensation of; referred, 89
Adverse report; agreed to, ( 257
SUPERINTENDENT OF PUBLIC
PRINTING.
See Public Printing.
SUPERSEDEAS.
Resolution for granting writs of, with¬
out security in certain cases; re¬
ferred, 172
See Appeals, &c.
SURVEYORS.
Resolution for furnishing, with Acts of
Assembly; referred, 137
SWEET SPRINGS AND WHITE SUL¬
PHUR SPRINGS TURNPIKE.
Petition of A. J. Smith and others for
charter to reconstruct, &c.; referred, 173
Adverse report; agreed to, 236
Petition of R. and G. White in regard
to; referred, 252
SYKES' ISLAND.
Resolution for making, an election pre¬
cinct; referred, 191
Report of committee; agreed to, 206
TALIAFERRO, JAMES M.
S. B. 95, .Authorizing, to rebuild his
mill; communicated, 273
Read twice, and referred, 275
Committee for courts discharged, and
referred to propositions, &c. 329
Adverse report; and bill placed on
calendar, 336
Laid on table, 340
TANGIER ISLANDS.
Petition of citizens in relation to oys¬
ters; referred, 53
TANNER'S CREEK DRAWBRIDGE
COMPANY.
S. B. 2, Amending charter; commu¬
nicated; twice read, and referred, 64
Reported, and passed house, 85
TATEM, JOHN W.
Resolution granting use of hall for
divine service, 33
TAVERNS.
See Ordinaries.
TAX BILL.
Resolution to limit speeches on motions
to amend; referred, 362
Adverse report; agreed to, 376
See Taxes.
TAXES.
Governor's message relating to collec¬
tion of; referred, 37
Committee for courts discharged;
referred to finance, 180
Adverse report; agreed to, 245
Resolution for reducing, on merchant's
license; referred, 40
Resolution for assumption due by citi¬
zens to United States; referred, 40
INDEX.
541
H. B. 76, Therefor; reported; read
twice, and engrossed, 127
Engrossment reconsidered; hill amend¬
ed, engrossed, and passed house, 134
Resolution for exempting from, pro¬
perty held by United States authori¬
ties; referred, 48
Resolution for information as to amount
of, paid in Virginia and West Vir¬
ginia in 1860, 48
Response of auditor; printed, and
referred, 125
Resolution for relieving from, in por¬
tions of state held by federal troops;
referred, 60
Resolution for limiting amount levied
by cities on real estate; referred, 60
Adverse report; agreed to, 245
No. 3, Joint resolution as to, levied by
congress on lands, &c.; referred to
select committee, 64
Committee announced, 80
Report of committee amended, and
referred to finance, 08
Substitute reported, and printed, 102
Substitute adopted, and engrossed, 157
Passed house, 162
Passed senate with amendment, 254
Senate amendment agreed to by house, 259
Resolution for return of, to senate;
agreed to; resolution returned, 266
Passed senate with amendments, 267
Referred, 270
Reported, and placed on calendar, 289
First amendment of senate agreed to,
and second disagreed to, 292-3
Senate recede from second amend¬
ment, 301
Senate joint resolution for assumption
of, laid by congress on lands, &c.;
communicated, 206
Read twice, and placed on calendar, 215
Rejected by house, 217
Resolution referring governor's mes¬
sage as to mode of collection of;
referred, _ 65
Resolution for releasing, prior to 1865,
which remain unpaid; referred, 71
Petition of citizens of Fairfax for relief
as to; referred, 76
Resolution for laying, on acts of incor¬
poration; referred, 96
Resolution for assessing, on passengers
on railroads, &c.; referred, 112
Resolution to amend Code so as to ex¬
empt parsonages from; referred, 136
Resolution for extending time tor
redemption of lands sold for; re-
ferred 141
Resolution for extending time for
redemption of lands sold for; re¬
ferred, *72
Petition of William Eley, sheriff ot
Nansemond county, for change in
mode of collecting; referred, 231
Adverse report; agreed to, 245
H. B. 120, Amending Code as to assess¬
ment of, on licenses; reported, and
read 1st time, 167
Made order of day, 238
Read 2d time; proceedings on; amend¬
ed; bill pending, 248-50
Further proceedings, 254-5
Engrossed, 256
Motion to reconsider engrossment; re¬
jected, 258
Passed house, 290
Passed senate with amendment, 322
Referred, 329-30
Reported, and placed on calendar, 330
Senate amendment agreed to by house, 332
H. B. 218, To amend Code as to time
of payment of, into treasury; re¬
ported, and read 1st time, 280
Read 2d time, and engrossed, 356
Passed house, 373
S. B. 97, Authorizing county court of
Fairfax to remit, in certain cases;
communicated, 296
Read twice, and referred, 298
H. B. 230, To amend Code as to, on
license to sell liquor; reported, and
read 1st time, 298
Resolution allowing certificates of in¬
terest to be received for; referred, 307
Adverse report; agreed to, 357
H. B. 264, Prohibiting collection of,
due prior to 1865, for a limited pe¬
riod; reported, and read 1st time, 349
Read 2d time; engrossed, and passed
house, 351
Passed senate with amendment; dis¬
agreed to by house, 355
H. B. 270, Imposing, for support of
government; reported, and read 1st
time, 357
Read 2d time; amended, and en¬
grossed, 377-8
Passed house, 385
Passed senate with an amendment, 423
Amendment of senate agreed to by
house, 426
TAX PAYERS.
Resolution requiring, to meet commis¬
sioners at voting precincts; referred, 172
TAZEWELL, LITTLETON.
Governor's message announcing death
of, and writ of election to fill va¬
cancy issued, 34
Order for writ of election rescinded;
new writ issued, 48
TELEGRAPH COMPANIES.
Resolution for greater promptness in
transmitting dispatches by; referred, 166
H. B. 129, Therefor; reported, and
read 1st time, 179
Read 2d time, and engrossed, 244
542
INDEX.
Passed house,
Passed senate,
300
382
TELEGRAPH OPERATORS, RAILROAD
EMPLOYEES, ETC.
Resolution admitting depositions of,
as evidence in civil suits; referred, 298
Adverse report; agreed to, 369
TESTIMONY.
See Witnesses.
THANKSGIVING DAY.
Resolution for observance of,
44
THERMOMETER.
Resolution for purchase of, for use of
hall, 57
THOMAS, H. W.
Communication from governor nomi¬
nating, judge of ninth circuit, 430
Resolution to proceed with election of' '
judge of ninth circuit, 430
Agreed to by senate, 433
Elected, 435-6
THRIFT, SAUNDERSON.
Petition for payment for slave con¬
demned to sale and transportation;
referred, 276
Adverse report; agreed to, 280
TIMBER.
Resolution giving vendor a lien thereon
for purchase money; referred, 275
TOLL BRIDGES.
Resolution to authorize private indi¬
viduals to erect; referred, 50
S. B, 46, Extending time for rebuild¬
ing at Buchanan; read twice, and
referred, 139
Reported ywith amendments; laid on
table, 164
Taken up, and placed on calendar, 252
Amendments of committee agreed to,
and amendments engrossed, 253-4
Passed house, 295
Petition of citizens of Botetourt for
building on, at Buchanan; refer¬
red, 139
TOMAHAWK COAL MINING COMPANY,
IN CHESTERFIELD.
Resolution for incorporating; referred, 263
H. B. 208, Therefor; reported, and read
1st time, 267
Read 2d time, and engrossed, 355
Passed house, 358
Passed senate, 428
TRANSPORTATION COMPANIES.
See Express and Transportation Com¬
panies.
TREASURER.
House joint resolution for election of;
amended and adopted, 51
Agreed to by senate with amendment;
agreed to by house, 54
Joint order for election of, taken up;
proceedings thereon, 139-40
Election of, 142-3
Report of committee to examine office
of; laid on table, 444-5
TREASURY.
H. B. 217, To amend law for enforcing
payments into; reported, and read
1st time, 279-80
Read second time, and engrossed, 356
Passed house, 373
Passed senate, - 428
H. B. 218, To amend Code as to time
of paying taxes into; reported, and
read 1st time, 280
Read 2d time, and engrossed, 356
Passed house, 373
TREDEGAR COMPANY.
S. B. 121, To incorporate; communi¬
cated; twice read, and referred, 383
Reported, and placed on calendar, 399
Passed house, 403
TRESPASSES.
Resolution to amend Code in relation
to; referred, 37
See Hunting, &c.
Resolution to amend Code so as more
effectually to provide against, on
lands; referred, 66
See Hunting, &c.
Resolution for imposing additional pe¬
nalties for; referred, 78
Committee for courts discharged, and
referred to agriculture, &c. 101
See Hunting and Fishing.
Letter in relation to; referred, 168
TURNPIKES.
Resolution for transferring Raleigh and
Grayson, to sundry counties; refer¬
red, 36
Resolution to transfer Holston, to
Bland county; referred, 38
Resolution for change of location of
Floyd and Christiansburg; referred, 45
Resolution for transferring, to counties;
referred, 45
H. B. 39, Therefor; reported; read
twice, and printed, 92
Laid on table, 119
Taken up, and recommitted, 139
Resolution to transfer the Luray and
Front Royal, to several counties; re¬
ferred, 50
Resolution for transferring Wilson's,
Creek and South Fork, to sundry
counties; referred, 57
INDEX.
543
Resolution for transferring portions of
the Wytheville and Salem, and Floyd
courthouse and Grayson, to Carroll
county; referred, 76
Resolution for transferring part of Pitt¬
sylvania, Franklin and Botetourt; re¬
ferred, 141
Resolution for transferring part of the
Lynchburg, Franklin and Floyd; re¬
ferred, 141
Resolution for transferring the Salem
Station and Rappahannock, to Fau¬
quier; referred, 157
Petition of A. J. Smith and others, for
charter to reconstruct, &c. Sweet
and White sulphur springs road;
referred, 173
Resolution for transfer of the Estilville
and Pattonsville, to Scott county;-
referred, < 190
H. B. To transfer Pound gap road to
Wise county; referred, 247
H. B. 144, For transferring, to counties
in which they lie; reported, and read
1st time, 212
Read 2d time; amended, and en¬
grossed, 302-8
Passed by, 316
Passed house; 324
Passed senate with amendment, and
referred, 383
Reported, and placed on calendar, 399
Amendments of senate agreed to by
house, 415
S. B. 118, In regard to abandoned;
communicated; twice read, and re¬
ferred, 329
Reported with amendments, and placed
on calendar, 336
Passed house with amendments, 344
Amendments of house agreed to by
senate, 357
TYLER, NATHANIEL.
Arrested and placed in custody of ser-
geant-at-arms, 123
Discharged, 126
UNDERWOOD, HON. J. C.
Joint resolution instructing, to resign
his seat in the United States senate;
referred, 307
Reported, and placed on calendar, 342
Unsuccessful motion to take up, 386
Substitute presented, and pending, 388
Taken up; amendment rejected; en¬
grossed, 409-10
Passed house, 416
UNION.
Senate joint resolution approving the
president's policy for reconstruction
of; communicated, 263
Substitute reported, and placed on
calendar, 275
Taken up; amended, and agreed to, 283-4
House amendment agreed to by senate, 288
Resolution appointing speaker of house
chairman of committee on part of
house under §aid joint resolution;
agreed to, 290
House committee to wait on president,
announced, 294
Report of committee printed, 330
UNION BANK OF RICHMOND.
S. B. 132, To incorporate; communi¬
cated, 435
Twice read, and referred, 443
Passed house, 461
UNION CAR WORKS MANUFACTURING
COMPANY.
H- B. 149, To incorporate; presented,
and referred, 188
Reported, and read 1st time, 215
Read 2d time, and engrossed, 317
Passed house, 325
Passed senate, 427
UNION MANUFACTURING COMPANY
OF FLUVANNA.
S. B. 141, To incorporate; communi¬
cated, 439
Twice read, and referred, 443
Reported, and placed on calendar, 459
Passed house, 461
UNION THEOLOGICAL SEMINARY.
Memorial of directors for payment of
interest due them; referred, 136
UNITED STATES LAND TAX.
307, Joint resolution in relation to;
reported, and read 1st time, 445
See Taxes.
UNITED STATES SENATORS.
Joint resolution for election of, and joint
resolution as to election of Messrs.
Segar and Underwood; laid on table, 67-8
UNIVERSITY OF VIRGINIA.
Memorial of, for payment of annuity;
referred, 77
H. B. 142, Making" an appropriation
to; presented, and referred, 132
Reported, and read 1st time, 211
Unsuccessful motion to take up, 267
Passed by, . 316
Recommitted, 333
Substitute reported, and placed on
calendar, 336-7
Prssed by, 347, 353
Read 2d time, and engrossed, 374
Passed house, 379
Passed senate, 404
UNLAWFUL ENTRY AND DETAINER.
Resolution to amend Code in relation
to; referred, 263
544
INDEX.
UNLAWFUL GAMING.
See flaming.
UNLAWFUL MARRIAGES.
See Marriages.
UNRECORDED DEEDS, ETC.
See Deeds and Contracts.
USURY.
Resolution to amend law in relation to;
referred, 49-50
H. B. 63, Therefor; reported; read
twice, and printed, 113
Taken up; amendment rejected; laid
on table, 156
Petition of citizens of Richmond for
change of; referred, 298
S. B. 22, Amending Code in relation
to; communicated, 310
Twice read, and referred, 311
Committee for courts discharged, and
referred to finance, 330
Reported with amendments, and placed
on calendar, 341
Taken up; amendment to first amend¬
ment of committee pending, 367
Sundry amendments rejected; hill re¬
jected; reconsidered, and passed by, 370-1
Motion to reconsider 3d reading re¬
jected, and bill rejected, 379
Reconsidered, and passed by, 386
Taken up, and passed house, 415
Motion to reconsider entered, 416
Passage of hill reconsidered, and bill
rejected, 418-19
Motion to reconsider rejection entered, 423
Passed by, 431
Motion to reconsider rejection; rejected, 446
Petition of citizens of Albemarle in re¬
lation to; referred, 337
VACCINE AGENT.
Resolution as to legislation necessary
in regard to; referred, 217
VAGRANTS.
Resolution for reducing into one, acts
relating to; referred, 33
Resolution for reporting vagrant law;
referred, 70
H. B. 38, For punishment of; reported;
read twice, and printed, 91
Amended, and engrossed, 119
Passed house, 133
Passed senate, 168
Resolution for amending act in relation
to; referred, 231
Resolution for revising law of present
session; referred, 232
VALLEY MINING, EXPLORING AND
MANUFACTURING COMPANY.
H. B. 195, To incorporate; presented
and referred, 228
Reported, and read 1st time, 256
Read 2d time, and engrossed, 318
Passed house, _ 334
Motion to reconsider passage rejected, 338
Passed senate with amendment, and
referred, 383
Reported, and placed on calendar, 309
Amendment of senate agreed to by
house, 401
VALLEY RAILROAD COMPANY.
Resolution for incorporating; referred, 190
H. B. 152, Therefor; reported, and read
1st time, 215
Passed by, 317
Amendment offered, and bill laid on
table, 348
Placed on calendar, ' 350
Passed by, . t 353,359
Dismissed, - *» 404
Petition of citizens of Rockbridge for;
referred, 252
Petition of citizens of Augusta in re¬
lation to; referred, 258-63
Petition of citizens of Botetourt in
favor of; referred, 268
Proceedings of meeting in Botetourt
in relation to; referred, 314
Message from governor in relation to;
referred, . 314
Petition of citizens of Augusta in re¬
lation to; referred, 337
S. B. 84, To incorporate; communi¬
cated, 385
Twice read; referred, and reported, 399
Amendment, rejected, and hill passed
house, 403
VAUGHAN, W. B. L.
Resolution for an election precinct at
storehouse of, in Pittsylvania; re¬
ferred, 140
H. B. 95, Therefor; reported, and read
1st time, 151
Read 2d time, and engrossed, 173
Passed house, 176
Passed senate, 457
VIRGINIA.
Joint resolutions in relation to the divi¬
sion and restoration of the state; pre¬
sented; unsuccessful motion to lay
on table; motion to refer; pending, 96
Referred to select committee, 99
Committee announced, 100
Report of committee and joint resolu¬
tion (No. 167); read 1st time, 182
Report of minority and joint resolu¬
tion; presented, 187-8
Reports printed, 240
Taken up, and passed by, 316-17
Amendment rejected; resolution en¬
grossed, 334
Passed house, 347
Agreed to by senate, 429
INDEX.
545
Resolution for election of' commission¬
ers to West Virginia; agreed to, 445
Joint resolution of Mr. Robertson to
restore the ancient commonwealth
of; referred, 99
Resolution and appeal of Mr. Hans-
brough in favor of reunion; re¬
ferred, 114
Resolution for equitable division of
public debt between, and West Vir¬
ginia; referred, 121
Reported, and read 1st time (joint
resolution 158), - 221
Passed by, 316-17
Laid on table, 348
H. B. For relief of the people of; re¬
ferred, 298
Adverse report; agreed to, 384
VIRGINIA, ATLANTIC AND OHIO
RAILROAD COMPANY.
H. B. To incorporate; presented, and
referred, 298
Committee of propositions discharged,
and referred to roads, &c. 3®6
VIRGINIA CANAL COMPANY.
Resolution for re-enacting act, incorpo¬
rating; referred, 103
Report of committee, with dbcuments;
printed, . 152-3
H. B. 102, For reviving charter; re¬
ported, and read 1st time, 153
Passed by, 243
S. B. 89, To incorporate; communi¬
cated, and placed on calendar, 269
Passed house, 271
Joint resolution in relation to the act
amending charter; read 1st time, and
placed on calendar, . 306-7
Read 2d and 3d times, and passed
house, 308
Passed senate, 310
H. B. 295, Giving consent of state to
the action of West Virginia in re¬
gard to; referred, 407
Reported, and read 1st time, 413
Taken up, and pending, 416
Read 2d time; engrossed, and passed
house, 420
Passed senate, 429
VIRGINIA CENTRAL RAILROAD CO.
Resolution authorizing, to borrow
money; referred, 08
H. B. 24, Therefor; reported; read three
times, and passed house, 74
Passed senate, . 00
Resolution as to completing, to Coving¬
ton; referred, 222
VIRGINIA AND CUMBERLAND GAP
RAILROAD COMPANY.
II. B. 189, To incorporate; presented,
and referred, 241
Reported, and read 1st time, 246
Read 2d time, and engrossed, 291
Passed house, 300
S. B. 92, To incorporate; communi¬
cated, 295
Twice read, and referred, 298
Reported, and placed on calendar, 305
Passed house, 310-11
VIRGINIA EMIGRATION COMPANY.
Resolution for incorporating; referred, 70
VIRGINIA FIRE AND MARINE INSU¬
RANCE COMPANY.
II. B. 65, To amend charter; presented,
and referred; committee announced;
bill reported; read twice, and en¬
grossed, 114
Passed house, 116
Passed senate, 117
VIRGINIA GUANO COMPANY.
H. B. 283, To incorporate; referred, 370
Reported, and read 1st time, 376
Recommitted, 405
S. B. 154, To incorporate; communi¬
cated, 439
Twice read, and referred, 443
Reported, and placed on calendar, 459
Passed house, 461
VIRGINIA IMMIGRATION COMPANY.
H. B. 114, To incorporate; reported,
and read 1st time, 164
Read 2d time; amended, and engrossed;
title amended, 224-5
Passed house; motion to reconsider;
rejected, 234
Passed senate with amendments, 273
Placed on calendar, 275
Senate amendment agreed to by house, 276
VIRGINIA IMMIGRATION AND LAND
COMPANY.
S. B. 53, Incorporating; twice read,
and referred, 305
Reported, and placed on calendar, 312
Passed house, 315
H. B. To amend charter; presented,
and referred, 377
VIRGINIA IMMIGRATION SOCIETY.
S. B. 161, To incorporate; communi¬
cated, 439
Twice read, and referred, 443
Reported, and placed on calendar, 459
Passed house, 461
VIRGINIA INDUSTRIAL ASSOCIATION.
H. B. 252, To incorporate; presented,
and referred, 314
Reported, and read 1st time, 330
Read 2d time, and engrossed, 405
Passed house, 409
Passed senate, 428
546
INDEX.
VIRGINIA INSURANCE COMPANY.
H. B. 9, To incorporate; presented,
and referred, 43
Reported, 54
Read 1st time, 56
Read 2d time, and engrossed, 68
Passed house, 69
Passed senate, 91
S. B. 53, Incorporating; communi¬
cated, 302
Twice read, and referred, 305
Reported, and placed on calendar, 312
VIRGINIA INSURANCE, LOAN AND
TRUST COMPANY.
Resolution for incorporating; re¬
ferred, 129-30
H. B. 93, Therefor; presented, and re¬
ferred, 130
Reported, and read 1st time, 145
Read 2d time; amended, and laid on
table, 174
Taken up, and placed on calendar, 231
Amended, and engrossed, 242-3
Passed house, 296
Passed senate, 458
VIRGINIA IRON AND MANUFACTU¬
RING COMPANY.
H. B. 82, To incorporate; referred, 131
Reported, and read 1st time, 138
Read 2d time, and engrossed, 165
Passed house, 171
Passed senate with amendments; re¬
ferred, 226
Reported, and placed on calendar, 235
Amendments of senate agreed to, 238
VIRGINIA IRON MINING AND MANU¬
FACTURING COMPANY OF BATH
AND ALLEGHANY.
H. B. 133, To incorporate; presented,
and referred, t 158
See Bath Iron Mining and Manufactu¬
ring Company.
VIRGINIA AND KENTUCKY RAIL¬
ROAD.
Resolution for completing; referred, 66
Petition of citizens of Virginia there¬
for; referred, 131
H. B. 188, Releasing state's interest in;
presented, and referred, 189
Reported, and read 1st time, 246
Read 2d time; amended, and en¬
grossed, 284
Passed house, 293
Resolution as to condition of, and as
to action necessary to be taken; re¬
ferred, 215
S. B. 102, Disposing of state's interest
in, on certain conditions; communi¬
cated, 295
Read twice, and referred, 298
Reported, and placed on calendar, 305
Passed by, 311, 314
Amended, and passed house, 323
House amendment agreed to by senate, 328
Petition of citizens of Washington
county in relation to; referred, 321
VIRGINIA LAND AND AID IMMIGRA¬
TION COMPANY.
See Virginia Immigration Company.'
VIRGINIA LAND AND IMMIGRATION
COMPANY.
H. B. To incorporate; presented, and
referred, 163
VIRGINIA LAND, TRUST AND IMMI¬
GRATION COMPANY.
H. B. 43, To incorporate; reported;
read twice, and printed, 97
Laid on table, 119
Unsuccessful motion to take up, 158
Taken up, and placed on calendar, 231
Passed by, 238
Again passed by, 242
Unsuccessful motion to take up, 276
Taken up, and amended, 282
Engrossed, 283
Passed house, - 300
Passed senate, 324
VIRGINIA LOAN AND TRUST
COMPANY.
H. B. 138, To incorporate; presented,
and referred, 168
Reported, and read 1st time, 186
Read 2d time; amended, and en¬
grossed, 303-4
Passed house, 316
Passed senate, 378
VIRGINIA MILITARY INSTITUTE.
Memorial of visitors claiming benefits
of land donated by congress; re¬
ferred, 37
Resolution for allowing visitors to bor¬
row money; referred, 96
Resolution for preparing map of state
by cadets of; referred, 181
Resolution for discontinuing annunity
to; referred, 290
Committee discharged, 306
VIRGINIA AND NORTH CAROLINA AC¬
CIDENT INSURANCE COMPANY.
S. B. 66, To incorporate; communi¬
cated, 248
Read twice, and referred, 250
Reported with amendment, 289
Laid on table, 299
Taken up, and placed on calendar, 307
Passed house with amendment, 315
Amendment of house agreed to by
senate, 340
INDEX.
547
VIRGINIA AND NORTH CAROLINA
LAND, EMIGRATION AND COLONI¬
ZATION SOCIETY.
Resolution for incorporating; referred, 100
S. B. 17, Therefor; communicated; read
' twice, and referred, 215
Reported with amendment, and placed
on calendar, 266
Amendment of committee agreed to by
house, and bill passed, 276
House amendment agreed to by senate, 305
VIRGINIA PORCELAIN AND EARTH¬
ENWARE COMPANY, IN AUGUSTA.
S. B. 15, To incorporate; communi¬
cated, and referred, 86
Reported, and passed house, 97
VIRGINIA SAVINGS BANK.
II. B. 255, To incorporate; presented,
and referred, 321
Reported, and read 1st time, 337
Read 2d time, and engrossed, 405
Passed house, 409
Passed senate, 429
VIRGINIA SLATE COMPANY.
H. B. 291, To amend charter; report¬
ed, and read 1st time, 400
Read 2d time, and engrossed, 405
Passed house, 409
Passed senate, 429
VIRGINIA STATE INSURANCE CO.
H. B. 8, To incorporate; presented, 54
Read 1st time, 56
Read 2d time, and engrossed, 68
Passed house, 69
Passed senate, 94
VIRGINIA STEAM SUGAR REFINING
COMPANY.
H. B. 147, To incorporate; presented,
and referred, 189
, Reported; and read 1st time, 215
Read 2d time, and engrossed, 317
Passed house, 825
Unsuccessful motion to reconsider pas¬
sage, 832
Passed senate, 838
VIRGINIA AND TENNESSEE RAIL
ROAD COMPANY.
H. B. 127, Authorizing, to borrow
money; presented and referred, 154
Reported, and read 1st time, 176
Taken up, and passed house and senate, 191
H. B. 166, Authorizing increase of
capital stock; referred, 216
Reported, and read 1st time, 226
pQiSSpd t)y 31 /
Read 2d "time; amended, and recom-
m it,ted 348
Reported with amendments, and placed
on calendar, 850
Passed by, 353
Amended, and passed house, 379-80
Passed senate, 427
H. B. 186, Authorizing increase of cap¬
ital stock; presented, and referred, 241
Reported, and read 1st time, 246
Passed by, 317
Dismissed, 349
Memorial of citizens of Pulaski, Bland
and Giles as to manner of collecting
freights on road; referred, 271
Petition of citizens of Wythe against
action of, in compelling goods to be
consigned to houses in Lynchburg;
referred, 290
See Railroads.
VIRGINIA VALLEY IRON AND MAN¬
UFACTURING COMPANY.
S. B. 87, To incorporate; communi¬
cated, 284
Twice read, and referred, 288
Reported, and placed on calendar, 312
Passed house, 316
VIRGINIA WHITE LEAD, PAINT AND
OIL COMPANY.
Resolution for incorporating; referred, 130
H. B. 81, Therefor; reported, and read
1st time, 137
Read 2d time, and engrossed, 165
Passed house, 171
Passed senate, 245
VOTING.
Resolution for repealing act providing
for, by ballot; referred, 60
See Constitution of Virginia.
WARRANTS.
Resolution to amend Code in relation
to, for small claims; referred, 71
H. B. 90, Therefor; reported, and read
1st time, 145
Read 2d time, and engrossed, 173
Placed on calendar, 236
Passed house, .238
Passed senate, 320
Resolution for amending law in rela¬
tion to, for small claims, so as to
limit jurisdiction of single justices, 271
Resolution to allow fee to justices for
trial of, between individuals; referred, 370
WARWICK MANUFACTURING COM¬
PANY OF RICHMOND CITY.
S. B. 29, To incorporate; communi¬
cated; twice read, and referred, 171
Reported with amendment, 180
Amended, and passed house, 218
House amendments agreed to by
senate, 232
WASHINGTON COLLEGE.
Memorial of trustees in relation to the
548
INDEX.
interest on state securities due to;
referred, 55
Memorial of the president of, for an
appropriation for professorships in:
referred, 111
Memorial of, and II. B. 211, Modify¬
ing charter; referred, 263
Reported, and read 1st time, 270
Read 2d time, and engrossed, 355
Passed house, 359
Passed senate, 419
WASHINGTON COUNTY.
Resolittion authorizing, to borrow
money for county purposes; re¬
ferred, 54
H. B. 55, Therefor; reported; read
twice, and engrossed, 106
Passed house, 113
Passed senate with amendments, 175
Amendments of senate agreed to by
house, 176
Resolution authorizing court to sell
stock in Virginia and Tennessee
railroad; referred, 72
H. B. 56, Therefor; reported; read
twice, and engrossed, 106
Passed house, 113
Passed senate, 175
Resolution authorizing court of, to
establish and control ferries, -with¬
out summoning justices; referred, 105
WASTE LANDS.
H. B. 48, To prohibit the further entry
of; reported; read twice, and printed, 101
Engrossed, 117
Passed house, 118
Passed senate, 118
Resolution as to number of warrants
for, from 17th April -1861 to 2d
April 1865, 115
Response of register; referred, 122-3
Resolution for amending Code in re¬
lation to; referred, 267
II. B. 241, Therefor; reported, and
read 1st time, 312
Read 2d time, and engrossed, 374
Passed house, 380
Passed senate, 428
See Land Warrants.
WATKINS, F. N.
Requested to take the chair in absence
of speaker, 304
WATSON, E. A.
S. B. 30, Authorizing Amherst circuit
court to make allowance for wards
of; twice read, and referred, 133
Reported with amendment, 227
Amendment of committee agreed to,
and bill passed, 232
Motion to reconsider amendment; re¬
jected, and bill communicated, 236
Amendments of house agreed to by
senate, 248
Petition of, for allowance for support
of her children; referred, 135
WEEDON, F. A.
Remonstrance of, against repeal of
fence law; referred, 216
Committee discharged, 240
WEIGIIMASTER OF LIVE STOCK.
Memorial of salesmen, asking for re¬
moval of, at state scales; referred, 120
Petition of Andrew Nolen in relation
to; referred, 127
Committee discharged, 181
WEIGHTS AND MEASURES.
See Sealer of Weights and Measures.
WELLS, T. H.
Resolution for report on proposals of,
for furnishing artificial limbs to dis¬
abled soldiers; referred, 137
Adverse report; agreed to, 152
WESTERN LUNATIC ASYLUM.
See Lunatic Asylums.
WEST POINT LAND COMPANY.
Resolution to amend charter so as to
increase capital; referred, 38
WEST VIRGINIA.
H. B. 2, Repealing acts admitting cer¬
tain counties into; reported, and
passed house, 33
Passed senate, 41
Senate joint resolution for communi¬
cating passage to congress and gov¬
ernor; communicated, 43
Agreed to by house, 44
Resolution referring governor's mes¬
sage as to settlement of accounts of,
with Virginia, 52
Resolution for equitable division of
public debt with Virginia; referred, 121
158, Joint resolution therefor; report¬
ed, and read 1st time, 221
Passed by, 316-17
Resolution for election of commission¬
ers to, in relation to the restoration
of the state and adjustment of pub¬
lic debt; agreed to, 445
Agreed to by senate, 450
Commissioners elected, 453-456
Joint resolution of senate for supply¬
ing vacancy; communicated, 456
WHEAT, M. D.
Memorial of, for repeal of stock law;
referred, 35
Committee for courts discharged; re¬
ferred to agriculture, &c. 55
INDEX.
549
WHITEHALL MINING AND MANUFAC¬
TURING COMPANY.
H. B. 97, To incorporate; presented,
and referred, 128
Reported, and read 1st time, 152
Read 2d time, and engrossed, 173
Passed house, 176
Passed senate, 225
WHITE, J. R.
Petition of; referred, 262
WHITE, RICHARD AND GEORGE.
Petition of, in regard to the Sweet and
White sulphur springs turnpike; re¬
ferred, 252
WHITE-THORN CREEK.
S. B. 124, Making, a lawful fence;
communicated, 378
Twice read, and referred, 384
Reported, and placed on calendar, 406
Passed house, 408
WHITFIELD, JOHN F.
Resolution constituting, with others, a
corporation for manufacturing pur¬
poses; referred, 49
WIGTON, WILLIAM.
Petition of, in relation to land on
Kegotank island; referred,
362
WILD FOWL.
Petition of citizens of Accomack as to
skiffing for; referred, 53
Committee discharged, and z-eferred to
committee on oysters, 63
WILLIAM AND MARY COLLEGE.
Petition of faculty for an appropria¬
tion to; referred, 146
WILLIAMSBURG CITY.
Order of common council in reference
to charter; referred, 189
150, Joint resolution in relation to; re¬
ported, and read 1st time, 215
Read 2d time, and engrossed, 317
Passed house, 325
Passed senate, 381
WILLOUGHBY, WESTIL.
Petition of, for pay as assistant pro¬
secuting attorney in Alexandria; re¬
ferred, m us
Adverse report; agreed to, 120
WILLS.
Resolution for recognizing validity of,
made during late war; inferred, 60
Resolution for scaling specific legacies
in, made during the war; referred, 167
H. B. 272, For adjustment of liabili¬
ties under, made during the war;
reported, and read 1st time, 362
Read 2d time; amended, and en¬
grossed, 423, 426
Passed house; title amended, 437
Committee of conference appointed, 449
Report of committee; agreed to by
senate and house, 460-61
WILSON, R. J. T.
Petition of, for refunding license tax
to; referred, 39
Adverse report; agreed to, 63
WILSON'S CREEK AND SOUTH FORK
TURNPIKE.
Resolution for transferring, to sundry
counties; referred, 57
WINCHESTER.
H. B. 274, To authorize common coun¬
cil to borrow money; referred, 358
Reported, and iread 1st time, 362
Read 2d time, and engrossed, 401
Passed house, 409
Passed senate, 417
WINCHESTER AND POTOMAC RAIL¬
ROAD COMPANY.
Resolution authorizing, to extend road
to connect with the Manassas gap
road; referred, 100
H. B. 126, For relief of; presented,
and referred, 170
Reported, and read 1st time, 176
Read 2d time, and engrossed, 245
Rejected; reconsidered, and passed by, 300
Passed by, 316
Recommitted, 324
Substitute reported, and placed on cal¬
endar, 329
Adopted, and passed house, 333
Passed senate, 398
S. B. 67, Amending charter; communi¬
cated, and referred, 235
Reported, and placed on calendar, 246
Passed by, 248
Again passed by, 252
Taken up, and pending, 259
Amendment offered, and rejected, 268
Passed house, 269
WINCHESTER AND SALEM RAILROAD.
Petition of citizens of Rockbridge for;
referred, 281
WINE, ARDENT SPIRITS, ETC.
Resolution to amend laws in relation
to retail of, so as more effectually to
guard against abuse of privilege; re¬
ferred, 271
H. B. 230, Therefor; reported, and
read 1st time, 298
Read 2d time; amended, and en¬
grossed, 354-5
Passed house, 373
Passed senate, 428
550
INDEX.
WISE COUNTY.
Petition of citizens for change of Pound
gap road; referred, 45
Resolution authorizing, to build a toll
bridge across Pound river; referred, 84
Resolution for legalizing proceedings
of county court; referred, 89
WITNESSES.
Resolution confining admission of par¬
ties to certain cases; referred, 53
H. B. In relation to; presented, and
referred, 189
S. B. 39, Repealing act of restored gov¬
ernment relating to; communicated, 233
Read twice, and referred, 235
Substitute reported, and placed on
calendar, 341
Amended, and ordered to 3d reading, 367
Passed house, 371
Amendment of house disagreed to by
senate, and committee of conference
agreed to, 435
Committee announced, 439
Report of committee agreed to by
house, 447-8
Agreed to by senate, 449
H. B. 258, In relation to testimony of
colored persons; reported, and read
1st time, 341
Read 2d time, and engrossed, 367
Passed house, 372
Resolution for select committee for
payment of, in case of Messrs.
Pollard, &c.; referred, 145-6
Committee announced, 146
H. B. 105, Therefor; reported; read
twice; engrossed, and laid on table, 154
Taken up, and placed on calendar, 228
Taken up; read 3d time; proceedings
thereon; recommitted, 233
Substitute reported; placed on calendar, 246
Amended, and passed by, 248
Passed house and senate, 254
H. B. 276, To amend Code as to, in
prosecutions for gaming; reported,
and read 1st time, 368
Read 2d time, and engrossed, 451
Passed house, 462
WOODSON, B. B.
Petition of, for law authorizing him to
discharge duties as clerk of Cum¬
berland circuit court; referred, 43
II. B. 4, For relief of; read 1st time, 47
Read 2d time, and engrossed, 51
Passed house, 55
Passed senate, 73
WOOLLEN AND COTTON GOODS.
Resolution to incorporate manufactory
of, in Richmond; referred, 49
WORKS OF IMPROVEMENT.
See Internal Improvements.
WRITS.
Resolution requiring credits on bonds,
&c. to be endorsed on; referred, 52
Adverse report of committee; dis¬
agreed to, 80
II. B. 36, Therefor; reported; read
twice, and engrossed, 91
Motion for indefinite postponement
lost, and bill laid on table, 118
See Appeals and Supersedeas.
WRITS OF ELECTION.
Resolution to issue, to fill vacancy in
Richmond city, 34
Order for writ rescinded; new writ
issued, 48
WRITS OF ENQUIRY.
Resolution for dispensing with, in ac¬
tions on open accounts; referred, 121
WRITS OF ERROR.
Resolution to amend Code of 1849 in
relation to; referred, 36
H. B. 121, Therefor; reported, and
read 1st time, 170
Read 2d time, and engrossed, 245
Passed house, 297
Passed senate, 349
See Appeals, &c.
WYTHE COUNTY.
Resolution to change place of voting
in; referred, 38
H. B. 13, Therefor; reported, 64
Read 1st time, 68
Read 2d time, and engrossed, 69
Passed house, 76
Passed senate, 185
WYTHEVILLE AND SALEM TURNPIKE.
Resolution for transferring a portion
of, to Carroll county; referred, 76
See Turnpikes.
YEATES FREE SCHOOLS, IN
NANSEMOND.
Petition of trustees to sell their lands;
referred, 362
H. B. 284, Therefor; reported, and
read 1st time, 376
Read 2d time, and engrossed, 400
Passed house, 401
Passed senate, 412
YORK Rl^ER LAND, TRUST AND
IMMIGRATION COMPANY.
Resolution for incorporating; referred, 34
YORK RIVER RAILROAD COMPANY.
H. B. 59, Authorizing, to borrow money;
referred, 88
Reported; read three times, and passed
house, 106
Passed senate, HO