Richmond Enquirer

RICHMOND, DECEMBER 16.

LEGISLATURE OF VIRGINIA.

EXTRACTS FROM THE JOURNALS OF THE HOUSE OF DELEGATES.

Monday, Dec. 13.—A communication was received from the Senate, stating that they had passed the bill 'concerning the Superior Court of Law for the county of Fauquier.'—Also, that they had agreed to the resolution for appointing a joint committee to examine the state of the Banks.

Mr. Gordon, from the joint committee appointed to announce to Thomas M. Randolph, Esq. his appointment to the office of Governor, informed the House, that they had performed that duty, and that the following letters had passed between them and the Governor:

Communication from the Committee to Thomas M. Randolph, Esq. 11th Dec. 1819.

Sir—We are instructed by the General Assembly to announce to you that you have been elected Chief Magistrate of the Commonwealth for the ensuing year.

We tender you, sir, our cordial congratulations on this distinguished proof of the high estimation in which you are held by your country.

At a time like the present, it was peculiarly proper that we should call to the head of the Executive department, a citizen of well tried integrity, firmness and ability.

Under your administration, we have every reason to expect that the spirit of internal improvement now so happily pervading the councils of Virginia will be cherished, invigorated, and enlightened; that the rights, interests and dignity of the state as a member of the confederacy will be maintained; and, in the event of an interruption of our peaceful relations abroad, that the security of our maritime frontier will occupy the full portion of public attention to which it is entitled.

We request you, sir, to accept the assurance of our high respect and esteem.

Reply to the foregoing Communication.

Richmond, Dec. 11th, 1819.

GENTLEMEN:—I feel as much satisfied at the communication you now make, as my anxiety, about the exact performance of the manifold duties it is about to impose, will allow. The habits of very active agricultural life, are scarcely ever sufficiently precise to suit situations, which require a constant and minute attention, to forms of considerable variety. I will apply myself, strictly, and faithfully to the task, throughout this year; and I trust that steady application, and honest zeal, will insure fair consideration, and favorable construction, for whatever may at any time seem to be done less perfectly than might have been expected. The able support to the office of Chief Magistrate, which a very judicious selection has provided in the council of state, gives me hope, that all the duties of the Executive department will be performed to the general satisfaction.

My wishes and hopes correspond fully with yours, upon the subject of internal improvement. I had formerly entertained a hope, as a private citizen, that the state would be able, at some time, by well concerted and arranged operations, to convert all the bank stock it possessed, into road, river, and canal stock; by executing with the proceeds of its sale, or by means of its transfer to contractors, judicious improvements of that kind, in the parts most wanting them. That the benefit resulting from it, would be mutual to the citizens and the treasury, is sufficiently obvious.

Much apprehension is felt at present, for the stability of the once settled condition of the relations between the national and state governments.

The preservation to the latter, of all their constitutional rights, in an entire state, is justly believed to afford the only means, to ensure union and tranquillity, without investing any power in the central authority, which might prove dangerous to liberty, if sufficiently strong to control, of itself, the distant and weighty extremities of a wide-spread population. Some endeavors to check the progress of a decline so fatal in its aspect, are confidently expected in the state, from the present Legislature.

If our peaceful relations abroad should at any time be interrupted, the maritime frontier of the state, as extensive as it is made by the extraordinary number, depth, and length, of the inlets it affords to the sea, can be defended without doubt from state resources alone; as fully as should be expected on such occasions; when the plunder of one day, is considered amply redeemed, by the blood of the plunderer on another.

Science every year furnishes additional knowledge, and means, for the preservation of the health of troops, in garrison, or in the field. The losses from sickness, sustained by those of Virginia, in the last war, are not likely ever again to recur.

I request you, gentlemen, to accept the assurance of my highest esteem, individually, yourselves, and to tender my sincere homage to your respective houses.

T. M. RANDOLPH.

On Mr. Gordon's motion, a writ of election was ordered for Albemarle, to supply Mr. Randolph's place.

Mr. Magill from the committee for courts of justice, presented a report on the petition of Mary Brady for a divorce. It states that she had been deluded into matrimony by her husband under the cloak of religion; but that he had soon thrown off the mask, became extremely dissipated, cruel, and abandoned even to the commission of adultery in the petitioner's bed: that he had 'deserted her and her child, gone to the western country, &c. The petition is therefore declared reasonable.—Mr. Magill also presented a resolution from the same committee, recommending the commonwealth to release its right to certain land in Harrison county, to John Smith for life, and remainder to Ralph Morrow in fee. These resolutions were agreed to by the House.

Mr. Bowyer, from the committee of privileges and elections, made a report on the sheriffs' returns of the delegates elected to serve in the present G. Assembly; the returns from 89 counties and from Norfolk, Williamsburg, and Richmond cities, were in the form prescribed by law: those from 9 counties, and from Petersburg, were not according to law: from three counties there are no returns at all.

The Speaker laid before the House the following letter from the Judges of the court of Appeals:

To the Honourable the Speaker of the House of Delegates.

Richmond, Dec. 6, 1819.

SIR—The reports of the decisions of the Court of which we are members, for nearly three years back, are in arrear and unpublished. The very respectable gentleman who has heretofore published such reports, has been prevented by various causes from performing that duty.—The accounts of the decisions of that period are, in most instances, locked up in his office. While this circumstance produces to us some inconvenience in the discharge of our public duties, it may be highly detrimental to the best interests of the community. For want of a knowledge of these decisions, our fellow citizens are disabled from conforming thereto; counsel cannot advise their clients of the actual state of the law of our country, and judges render decrees and judgments, which, when these decisions come to be inspected, will, in many cases, be reversed. This is a state of things which we humbly conceive, requires some correction. It is important that the expositions of the law, by the court of the last resort, should be as much promulgated as the acts themselves which have been expounded.—Experience has shewn, that, when left to private enterprise only, this important function will not be sufficiently attended to. Hence arises the necessity, in our opinion, to place the subject under public patronage.—We are of opinion that a suitable character ought to be appointed, under the authority of the legislature, to publish these reports: and that they should be promulgated shortly after the decisions have been made.—We are also of opinion, that, to ensure the services of a proper character, and to compensate him for his constant attendance in the court, to the injury of his business in other courts, an adequate salary ought to be given him, in aid of the emoluments arising from the sale of his books.—We do not doubt but that, on these terms, a gentleman might be procured who would perform the work with fidelity, perspicuity and brevity.—The example of the National Legislature in having lately furnished a Reporter to the Supreme Court of the United States, is, in our opinion, worthy of imitation.—With great respect, we have the honour to be,

Sir, your obedient Servants,

SPENCER ROANE
FRANCIS T. BROOKE,
WM. H CABELL,
JOHN COALTER.

This letter was referred to the committee for Courts of Justice.

On motion of Mr. Thompson, leave was given to bring in a bill, 'to require the officers of bodies politic and corporate to reside within this State, and for other purposes.'

On motion of Mr. Mayo, the petition from Washington county, on the subject of the navigation of the north fork of Holstein river was withdrawn—and at his motion, a resolution was then passed for requesting the Board of Public Works to enquire into the expediency of directing their engineer to examine the situation of the Middle Fork of the Holstein river, from the state line of Tennessee to the highest point of which it is susceptible of navigation by boats—to report to the next Legislature as to the practicability of improving its navigation.

The C. for C. of J. was discharged from further consideration of the act of Maryland respecting the boundary between that state and Virginia: and the said act was then referred to the committee of the whole House.

On motion of Mr. Brown of Bath, the C. of R. and I. N. was instructed to enquire into the expediency of amending the act of 1818, appointing a commissioner to examine the obstructions to the navigation in the Ohio river.

On Mr. Clarke's motion, the same committee was instructed to make a similar enquiry as to the charter for establishing a turnpike road from Manchester to Petersburg.

On motion of Mr. Smith of Isle of Wight, leave was given to bring in a bill 'To repeal an act entitled An act to reduce into one act the several acts, against Usury.' and to regulate the rate of interest within this Commonwealth.'

Mr. Holt submitted a resolution for adopting the following rule for the House: 'Any member offering a petition to the consideration of the House shall state the substance thereof in a concise manner, and the reading thereof shall be dispensed with, unless required by some member of the House'—which resolution was, on Mr. Wooding's motion, laid on the table.

On motion of Mr. Mayo, leave was given to bring in a bill, to amend the laws 'concerning attorneys prosecuting in the county and superior courts of law on behalf of the Commonwealth, and for the more effectual collection of fines incurred under the penal laws of this Commonwealth.'

Petitions were read—From Barbara W. Pettus of Hanover, for a divorce from her husband Hugh M. Pettus—From the children and legatees of James Reaborn, dec'd. of Montgomery, for leave to sell certain land—From Robert Bray, an emancipated man of colour, to remain within the commonwealth—From Thomas Briscoe, Administrator de bonis non of John MeMillan, of Prince William, for leave to sell certain slaves—From Morton Bearcroft of Northumberland, for a similar leave to sell an orphan's share in a mill—From Brett Stovall of Patrick, to be exonerated from a certain penalty for inadvertently issuing two fee-bills for the same service as surveyor—From John Kelly, for a release of the commonwealth's right to certain escheatable lands in Greenbrier—and from Samuel Craddock, late of Pittsylvania, wife, in consequence of erroneous information concerning the law, had intermarried with his first wife's sister, and prays permission to return to the state, without being liable to the penalty of the law.—Referred to the C. for Courts of Justice.

Petitions were received from sundry inhabitants of Tyler county, praying that the ferry from the lands of R. Greer in the town of Sistersville, to those of D. Dye on the opposite shore of the Ohio river, may be confirmed, and another ferry from the land of John MeCoy be discontinued:—also, the petition of J. MeCoy in opposition thereto—a petition for a town to be established on the land of Peter Myers in Montgomery—and one from certain citizens of Charlotte county, praying that that county may be added to the Superior Chancery court of Lynchburg.—Referred to the C. of P. and G.

Petitions were presented—From Abram Duke, sheriff of Nansemond, praying relief from costs and damages imposed upon him by the General Court for failing to pay into the treasury the taxes due in November last—From Daniel Arnold, of Buckingham, praying compensation as witness, for attending a court martial ordered in 1817—From William Dews of Pittsylvania, claiming his pay for fifteen months, as a private soldier in the revolutionary war—From Thomas Moss, administrator of David Motley, deputy sheriff in Loudoun county, claiming a certain credit at the auditor's office—From Edward Worsham of Dinwiddie, claiming reimbursement of a certain sum he had over-paid by mistake into the treasury—From John Richardson of Lynchburg, praying relief from the penalty of a recognizance he had entered into as security for Nicholas Moore—From John Hacker, an old revolutionary soldier, who claims pay and rations for 91 days' service in the year 1777—From Lemuel Bent, clerk of the corporation court of Winchester praying remission of a fine imposed for failing to pay into the treasury in due time the taxes for 1818—Referred to the Committee of Claims.

A petition was read, from the Ashby's Gap turnpike company, praying the commonwealth to subscribe 2-5ths of the capital stock necessary to erect a bridge over Shenandoah river: and seeking also certain alterations in their charter.—Referred to the C. of Roads and Internal Navigation.

Tuesday, Dec. 14.—Mr. Yancey from the C. of Roads and Internal Navigation, reported a resolution acceding to a petition from the county of Berkeley, which prays for an act incorporating a company to establish a turnpike road from Shepherdstown in Jefferson county, passing through Martinsburg, to the state line in the direction of Old Town in Maryland—Agreed to.

Mr. Magill, from the C. for C. of Justice, reported a resolution for rejecting the petition of Rebekah Shearman for a divorce—Agreed to.

On motion of Mr. Lovell, Resolved that the committee for courts of justice be instructed to enquire into the expediency of so amending the several laws erecting counties, bounding and bordering upon the Ohio river, in such manner as to include the said river within the bodies of the said several counties.

On motion of Mr. Haymond, leave was given to bring in a bill 'concerning entries in certain cases.'—On motion of Mr. Wooding, the C. for C. of Justice were instructed to enquire what amendments ought to be made to the act 'reducing into one the several acts concerning slaves, free negroes and mulattoes.'—On motion of Mr. Sexton, leave was given to bring in a bill to amend the acts 'incorporating the town of Winchester.'—On motion of Mr. Wilson, of Monongalia, and of Mr. Henderson of Wythe, respectively, leave was given to bring in bills, changing the times of holding certain courts in the 11th and 13th Judicial Districts.

A petition from Russell county, praying that the overseers of the poor may be authorized to bind poor boys apprentices to the farming business, when no trade offers, was referred to the C. for C. of J.

Petitions were received—from sundry persons, for the formation of a new county out of parts of Monongalia and Harrison;—from the citizens of Flesherville, in Lewis county, that the name of that town may be changed to Weston;— from the serjeant and other citizens of Petersburg, that the sheriff of Dinwiddie county may be required to collect all muster fines within that corporation, and the serjeant be exempted from performing that duty:—a counter petition from Princess Anne county, against the removal of the seat of justice from Kempsville:—Referred to the C. of P. and G.

A petition was presented from the citizens of Wheeling and its vicinity, praying the legislature to reduce the capital for building a toll bridge across the Ohio river at Wheeling, to the sum of $147,000: and that the Board of Public Works may subscribe 2-5ths of the whole sum.—Also, a counter petition on the same subject;—Also a petition from the counties bordering north on the river Ohio to improve the public roads in those counties;—and one from sundry citizens of Harrison county, residing on Simpson's creek and branches, praying a repeal of the law declaring that creek a navigable stream; also a petition of Thomas Meaux, of New Kent, praying leave to run a dam, across Ware Creek, abutting on the lands of James Banks dec'd, in the county of James City:—All which were referred to the C. of R. and I. N.

Petitions were received from Martin E. Carter for the remission of a fine: from John Stutler, for his pay and land bounty, due for services as a volunteer against the Indians in 1774: from C. Boyle, for a pension, as a soldier in the state line; and from Richard Nickens, a free man of colour, in Lancaster county, who served in the navy of this state during the revolutionary war, for a pension and present relief.—Referred to the Committee of Claims.

The Senate have adjourned till the 27th instant.

Extracts from the minutes of the Board of Principal Assessors.

Dec. 8th.—The county of Frederick was this day passed, deducting 12s per cent. from the District of Robert White, assistant assessor, excepting the towns of Winchester, Pugh Town and Berryville.

Hampshire and Hardy counties were also passed, without alteration.

Pendleton county was passed, deducting 12d per cent. from Oliver McCoy's district.

Rockingham passed, deducting 12 1/2 per cent from Reuben Harrison's district.

Augusta passed, adding 25 per cent. to James A. McCue's district.

Rockbridge passed without alteration.

Bath passed, adding 12 1/2 per cent. to William Stillington's district: and deducting 25 per cent. from Wm. McClung's district in said county.

Botetourt passed without alteration.

Dec. 9.—Jefferson and Berkeley passed.

Shenandoah county passed, deducting 12 per cent from Charles Buck's district in said county.

10.—Grayson, Wythe, Washington and Scott counties passed without alteration.

Lee passed, adding 20 per cent, to the amount of valuation.

11.—Giles passed, deducting 25 per cent. from the amount of valuation.

Russell, Tazewell, Monroe, Greenbrier, Montgomery and Randolph passed without alteration. Lee passed, deducting 6 per cent from the amount of valuation.

12th.—Brooke county passed, adding 13 1/3 per cent to the amount of valuation of the lands—and 150 per cent to the valuation of lots in the town of Wellsburg in said county.

Ohio, Tyler, Mason, Cabell and Kanawha counties passed without alteration.

14th.—On the 6th inst. 20 per cent was added to the table of assessment of Charles Browning in the county of Albemarle—this day, it was reduced to 12 1/2 per cent addition.

The Board have gone through the assessment tables of all the counties; and are about deciding certain principles for their further government.