Constitutional Whig

GENERAL ASSEMBLY.

HOUSE OF DELEGATES.

TUESDAY, DEC. 20.

Mr. Miller presented the petition of Abraham Depp, a free man of colour in Powhatan, stating that his former master John Depp, had emancipated him by deed in 1801—that by the omission of a technicality [the word "seal,"] that deed had been set aside, by which he had lost not only his liberty, but a handsome estate conveyed to him by it—that if that deed had been sustained, he would not be compelled to leave the State, under the law passed since its date—and asking in consideration of the circumstances, either that the Legislature would authenticate the deed of 1801, or allow him to remain for five years in the Commonwealth to settle up his affairs. The petition was referred.

On motion of Mr. Wilson of Botetourt the Committee of the Militia was instructed to enquire into the expediency of establishing in each Brigade, a camp of instruction for Militia Officers.

Mr. Brown presented the petition of the Judges of the General Court, asking a change of the time of the meeting of that Court, from the 15th to 1st Dec. annually.

On motion of Mr. Brown, the Committee of Courts of Justice was instructed to enquire into the expediency of dispensing with Grand Juries at future meetings of the General Court, unless by special order of one of the Judges.

Mr. Rives, by directions of the Committee of Agriculture and Manufactures, asked for power to send for persons to testify touching the enquiry respecting the flour inspection in this city.

On motion of Mr. Chambliss, the Committee of Courts of Justice were instructed to enquire into the expediency of changing the time of holding the Terms in the First Judicial Circuit.

On motion of Mr. Rives, leave was given to bring in a Bill to amend the several Acts authorising a Lottery to open and improve certain Public Roads in Morgan county.

On motion of Mr. Hans, leave was given to bring in a Bill to establish a town on the lands of Solomon Wyatt, in the county of Randolph.

On motion of Mr. Patteson, the Committee of Propositions and Grievances was instructed to enquire into the expediency of authorising Salcon Purdy to lay off a town on his lands in the county of Ohio.

Petitions presented—By Mr. Patterson of Buckingham, from citizens thereof, asking the improvement of James River. By Mr. Fitzhugh, from the Trustees of the Wheeling University, By Mr. Carrell, of Brooke, from the President and Directors of the Wellsburg and Washington Turnpike Company, asking further time to complete their road. By Mr. Hooper, from the Trustees of Randolph Mason College, for pecuniary aid. By Mr. McIlhenny, from the President and Directors of the Leesburg and Snickers' Gap Turnpike Company. By Mr. Booker, from Lewis Throgmorton, to be reimbursed certain expenses in repairing a water wheel at the Arrow. By Mr. Brown, from sundry mechanics of Petersburg, asking for certain enactments to prevent slave mechanics from going at large, within the limits of said town, and prosecuting their trades, without the due control and superintendence of their owners. By Mr. Goode, from Somerville's Executor, concerning sale of Real Estate. By Mr. McIlhenny, from sundry citizens of Loudoun, asking a Company to be incorporated, to improve the navigation of Goose Creek. By Mr. Kilgore, from David Sloat, asking to be exempted from paying for license for selling foreign goods. By Mr. Kilgore, from the Delegates of the Convention assembled at Jeffersonville, to take into consideration the subject of a Turnpike Road from Cumberland Gap, through Lee, Russell, Scott, Tazewell, Giles and Botetourt, to intersect Price's Turnpike, at some point on Craig's Creek.

Bills passed—1, Granting a Lottery to improve the navigation between Buck Bay and Linkhorn Bay; 2, To authorize a special term of the Superior Court of Law and Chancery for Augusta—[On motion of Mr. Bowyer, who explained the necessities of the case, the term was fixed at 60 days]— 3, To amend the charter of the city of Williamsburg; 4. To authorize a Lottery to build a bridge over the Shenandoah: from Port Republic to New Haven.

By Our Reporter having been called out of the House of Delegates on Saturday, before its adjournment, the following proceeding which took place after he left the Hall, was omitted. The interest of the subject claims for it a place.

DELINQUENT LANDS.

Mr. Gallatin, in offering the following resolutions, remarked, that the bill extending the time for redeeming Delinquent Lands, having passed both Houses, he thought the present a proper time to propose a revision of the whole system. It had been stated the other day, that not more than one man in the State, fully understood the existing laws upon the subject of lands. If so, (and he feared there was some truth in the remark,) certainly it was high time to do something. He was for rendering the whole matter plain and simple. He did not wish unnecessarily to disturb the system, but he had no idea of seeing valuable lands rendered liable to forfeiture for the gross inaccuracies and irregularities of commissioners and sheriffs. The people of Jefferson were always able and willing, to pay the taxes on their lands—they were willing that the land itself, should be liable for the Commonwealth's taxes—but they could not consent to have their homes taken from them, after a lapse of forty years, for no fault of theirs. Mr. G. had never heard of a sale of land in his county, for taxes, according to the provisions of the laws on this subject, existing prior to 1817; and yet many delinquencies for previous years are presented, and the lands threatened with forfeiture. There was absolute and crying injustice in such a course, and he hoped the remedy would be cheerfully accorded. He would give the Commonwealth every facility for the collection of taxes; but he would reduce the rate of damages; and if the remedy was not used, either by a sale of personal estate, or of a portion of the land itself, on the premises, he would interpose a bar to all further proceedings.

The resolutions follow:

1. Resolved, That the Committee of Finance be instructed to enquire into the expediency of revising the land laws of this Commonwealth, and of reducing into one the several acts providing for the collection of taxes upon lands, so as to simplify the whole system.

2. Resolved, That said Committee be instructed to enquire into the expediency of so amending the law for the collection of land taxes, as to provide that when personal property cannot be found, a portion of the land itself shall be made liable to sale upon the premises.

3. Resolved, That said Committee enquire into the expediency of reducing the rate of damages upon the delinquent lands to six per cent. per annum.

4. Resolved, That said Committee enquire into the expediency of providing a period of limitation, after which the Commonwealth's failing to avail itself of the legal method of collecting taxes upon land, shall be barred from all farther proceedings against delinquents.

The resolutions were adopted.

The New York Journal of Commerce of Friday, 2 o'clock, P. M. says "it is now ascertained that no specie goes by the packet to-day, and without any supply of bills from this quarter, exchange has not varied in price. Salt has fallen a good deal. Turks Island has been sold at 47 a 48 cents, and is dull at that. Flour and cotton, no change to day. Weather cold."

Messrs. and Mrs. Carruth Have been arraigned, and their Trial is postponed until the second Monday of February.

MR. CLAYTON, of Delaware.—It is within the recollection of our readers, that this gentleman has been compelled by ill health to resign his seat in the Senate of the United States, which he filled with distinguished honor to himself and advantage to the country.

GENERAL ASSEMBLY.

HOUSE OF DELEGATES.

Wednesday, Dec. 21.

On motion of Mr. Parriott, leave was given to bring in a bill to amend the act to provide for opening and improving a road from the Pennsylvania line by way of Elizabethtown to the Ohio river.

Mr. Wood of Albemarle presented a petition and resolutions of sundry citizens of Albemarle, on the subject of delinquent lands—in connection with which Mr. Wood offered the following resolution, which was agreed to:

Resolved, That the Committee of Finance enquire into the expediency of providing some more convenient method of exonerating lands returned delinquent by the mistakes of the Commissioners of the Revenue, or the frauds or the mistakes of the Collectors.

On motion of Mr. Wood of Frederick, the Committee of Finance was instructed to enquire into the expediency of so amending the delinquent land law as to provide that the taxes may be paid at the county seat of each county in the Commonwealth, where such delinquent lands may be

Mr. Broadus presented a petition from Culpeper, asking the repeal of the delinquent land law of the last session. [Mr. Broadus stated that the hardships to which that law had exposed his constituents were almost inconceivable. There were near 700 cases of delinquency in that county, which would bring little or nothing into the Treasury. The petitioners also thought the relief afforded by the 21st and 22d sections, too expensive.]

In connection with the petition, Mr. Broadus offered a resolution proposing that the delinquent land law of last session, be confined in its operation, to that part of the State west of the Blue Ridge.

Mr. Williams of Harrison opposed the resolution as invidious. He could not consent that the citizens of the West should be subjected to a law somewhat penal, while those of the East were exempted. He had another objection. He was opposed to local legislation—to one county having one code of laws, another county another.

Mr. Broadus replied, that the people beyond the mountains had asked for the law, and if it imposed some hardships upon them, it was also advantageous as a means of settling disputed titles. To the East, it was a law of hardship without any benefit. Their titles were not disturbed.

Mr. Wood of Albemarle further illustrated the operation of the law, which as it operated upon the Trans-Alleghany part of the State, was valuable as facilitating the settlement of titles, while on the East it operated only by exacting dues, trifling in amount, and often fictitious. But, he thought a repeal of the law would be of dangerous tendency, by leaving in force the laws previously existing and argued in favor of a modification.

Mr. Wirtzell supported the resolution, and expatiated at considerable length and with great force on the hardships of the law of last session. He reminded the House that the Delinquent Land Law had been claimed and pressed as a Western measure, and it could not be pretended that its repeal so far as the East was concerned, was invidious to the West. It had been urged upon this House, first and last, as a measure necessary for the settlement of titles in Western Virginia. So far, he was willing to leave the law in full force.

The resolution was also supported by Mr. Marshall, who enumerated instances of the burthensome operation of the law of last Session, and while he was willing to extend its benefits to the Western part of Virginia, in the quieting of disputed titles, could not consent that it should extend to Eastern Virginia, where it had the effect of subverting titles.

Mr. Preston rose to rescue the law of the last session from the imputations cast upon it, which he did with great success, while he did not oppose the adoption of the resolution.

After some further debate among Messrs. Wirtzell, Preston, Broadus, Gallaher, Brodnax, Morris and Miller, the resolution was laid on the table, with the understanding that the whole subject was already referred under Mr. Gallaher's resolutions, adopted on Saturday.

On motion of Mr. King, the Committee of Roads, &c. was instructed to enquire into the expediency of authorizing the Board of Public Works, to subscribe on behalf of the State, for additional stock, equal to two-fifths of the Capital Stock, in the Dismal Swamp Canal Company, to be paid out of the monies due by said Company to the State.

Petitions were presented By Mr. Wood of Albemarle, from Henry Sprouse of that county, asking to have his name changed. Mr. Bryce of Goochland, presented a petition for a precinct election in the lower end of that County Mr. Wood of Albemarle presented a petition from sundry citizens of that County and Nelson, complaining of the law concerning Delinquent Lands. Mr. Morris presented a petition from citizens of Jackson County, for appointing Commissioners to fix the seat of justice. Mr. Moore, a petition from sundry citizens of Rockbridge, for the incorporation of a company to construct a Turnpike Road from the head of the Blue Ridge Canal, to McCorkle's farm in said County. By Mr. Wilson of Cumberland, from Daniel Brown, asking to have Randolph's Creek made navigable, from his mill to Willis's River in Cumberland. Mr. Allen, presented the petition of Berry Cabell for a pension.

HENRICO ELECTION.

Mr. McIlhany moved to take up the Report of the Committee of Privileges and Elections, declaring Jno. G. Williams ineligible to represent the County of Henrico—to which the House agreed.

Mr. Brodnax moved to strike out the word "ineligible," and insert eligible.

Mr. Williams rose and addressed the House at length, in favor of his right to hold his seat.

Mr. Powell of Spotsylvania, followed in support of the Report, in a brief and cogent speech.

Mr. Williams added a few words of explanation.

Mr. Moore briefly addressed the House in support of the report of the Committee, and on the difference of phraseology between the old and new Constitutions.

The question was then put on striking out "ineligible" and inserting eligible, and negatived, as follows:

AYES—Messrs. Banks (Speaker,) Wood of Albemarle, Faulkner, Goode of Berkeley, Anderson of Botetourt, Wilson of do., Campbell of Brooke, Gholson, Shell, Rives, Daniel, Patteson of Chesterfield, Broadus, Brodnax, Jones, Marshall, Hale of Franklin, Bryce of Goochland, Erskine, Spencer, Roane, Jordan, Shield, Harwood, Poindexter, Street, Knox, Byrne, Webb, Cabell, Fisher, Harvey, Parriott, Robertson, Miller, Dupuy, Land, Shands M'Dowell, Cobb, and Moncure—42.

NOES—Messrs. Grinalds, Drummond, Persinger, Garland, M'Cue, Brooke, Cameron, Patteson of Buckingham, Bolling, Spurlock, Richardson, Wilson of Cumberland, Ball, Chilton, Stephenson, Stillman, Helms, Woods of Franklin, Wood of Frederick, Bryce and Smith of do., Snidow, Smith of Gloucester, Bruce, Sims, Carskadon, Poston, Mullen, Johnson, Grayely, Gallaher, Summers, Allen, Hays, Lawson, M'Ilhaney, Cordell, Caldwell, Hudgins Smith of Mason and Jackson, Goode of Mecklenburg. Billingsly, Henry, Kelly, Preston, Davis, Adams, Iiner, Witcher, Swanson, Gilliland, Zinn, Carter of Prince William, Moore, M'Mahon, Cline, Jessee, Kilgore, Bare, Carson, Powell, Crump, Hargrave. Gillespie, M'Coy, Keller. Morris, Crockett, and Brown—70.

The House then, without a division, adopted the report of the Committee, thus reversing the decision of last year, and declaring a resident of Richmond not eligible to represent Henrico.

The Speaker presented a letter from the Governor, enclosing the statement of the condition of the N. W. Bank, which on motion of Mr. Moncure, was laid on the table.

On motion of Mr. Marshall, a writ of election was ordered to issue to the Sheriff of Henrico.

HOUSE OF DELEGATES.

Thursday, Dec. 22.

The Speaker presented a petition from Nansemond, on the removal of free negroes; which Mr. Wynn, the Delegate from that county, said embodied the general wish.

Mr. Sims offered a resolution, directing the Committee of Finance to enquire into the probable cost of arming the militia of this Commonwealth, and if it is not expedient for that purpose, to put the Armory into active operation.

After some remarks as to the most suitable disposition of the resolution, among Messrs. Morris, Sims, and Bryce of Goochland, it was adopted and referred to the Committee on Militia Laws.

On motion of Mr. McIlhany, the Committee of Courts of Justice was instructed to enquire into the expediency of authorising a classification of the Magistrates of each county, and of allowing them a per diem compensation for their services, while actually sitting in Court; and also into the expediency of empowering one Justice of the Peace to take acknowledgment of Deeds.
On motion of Mr. Bryce of Frederick, the House took up the report of the Committee of Courts of Justice, declaring it not expedient to abolish imprisonment for debt—which at his motion was postponed to the 2d Tuesday in January.

Mr. Stevenson presented a petition from citizens of Fayette, on the subject of the location of the County seat of Justice.

Mr. Bruce presented a memorial from the County of Halifax, representing the necessity of revising the Militia Laws.

On motion of Mr. Gholson, the House took up the report of the Committee of Courts of Justice, declaring it not expedient to extend the jurisdiction of a single magistrate.

Mr. Gholson moved to amend by declaring it expedient, and addressed the House at considerable length in favor of the amendment, exhibiting a variety of striking facts and illustrations, and a thorough knowledge of this subject. Mr. G., in conclusion, requested that the vote on the amendment might be considered a test vote, and Mr. Caldwell asked for the ayes and noes.

The motion to amend was opposed with great earnestness by Mr. Chandler, and supported by Mr. Knox.

Mr. Moore explained that he should vote for the amendment in order to enquire into the subject, but would not consent to consider it a test vote.

Mr. Brodnax delivered a long and ingenious argument against the amendment.

Mr. Knox replied—when the vote was taken as follows:

AYES—Messrs. Banks, (Speaker,) Wood, of Albe., Goode of Berk., Campbell of Brooke, Gholson, Snell, Spurlock, Rives, Ball, Chilton, Marshall, Stillman. Helms, Hale of Frank., Wood of Fred., Smith of Fred., Hail of Grayson. Erskine, Spencer, Sims, Carskadon, Poston, Mullen, Johnson, Gravely, Jordan, Gallaher, Berry, Hays, Lawson, McIlhany, Cordell, Caldwell, Smith of Ma. & Jack., Goode of Meck., Knox, Billingsly, Henry, Webb, Fitzhugh, Parriott, Davis. Adams, Hiner, Witcher, Gilliland, Zinn, Land, Carter of Pr. Wm., Moore, McMahon, Cline, Jesse, Kilgore, Bare. Carson, Cobb, Moncure, Gillespie, McCoy, McCulloch, Keller, King—63.

NOES—Messrs. Grinalds, Drummond, Persinger Garland, McCue, Brooke, Cameron, Campbell of Bedford Faulkner, Anderson & Wilson of Bot., Patteson of Buck., Bolling, Daniel, Tod, Richardson, Patteson of Ches., Pendleton, Broadus, Wilson of Cum., Brodnax, Jones, Ritchie, Stephenson, Woods of Frank, Bryce of Fred., Snidow, Smith of Glou., Bryce of Gooch., Bruce, Roane, Shield, Summers, Dabney, Carter of Lan. and Rich., Allen. Poindexter, Street, Kelly, Preston, Cabell, Chandler, Leigh, Fisher, Harvey, Swanson, Miller, Dupuy. Shands, McDowell, Powell, Hargrave, Newton, Morris, Crockett, Brown, Harwood—57.

The amendment was thus agreed to, and the report of the Committee reversed.

A petition was presented by Mr. Spurlocke, from Geo, L. Burton for a landing on the lands of John Vancouver, on Big Sandy.

Mr. Top presented the petition of James and Sarah Luck, praying for the passage of a law for their relief from a judgment rendered against them in the Superior Court of Caroline, for a violation of the act concerning incestuous marriages.

Mr. Caldwell offered the following resolution, which was rejected: That the Committee of Courts of Justice enquire into the expediency of extending to Constables the power of executing the writ of Ca. Sa. in all cases where the sum does not exceed the jurisdiction of a magistrate, and to enquire into the expediency of making the office of Constable more responsible.

On motion of Mr. Daniel, leave was given to bring in a bill authorising Samuel Pannill to erect a toll bridge across Staunton River.

On motion of Mr. Faulkner, a Select Committee was appointed to enquire into the expediency of modifying or repealing so much of the 1st section of an Act passed the 25th February, 1824, entitled "An Act authorising the Courts of certain counties to provide a mode of opening and repairing the roads within this Commonwealth," as limits the County Court of Berkeley in its right to assess upon the lands and taxable property of said county for the purposes therein specified, more than 12 1/2 per cent. upon the amount of the taxes payable upon the same property by the laws of the Commonwealth.

On motion of Mr. McIlhany, Loudoun was comprehended in the enquiry.

The engrossed bill authorising depositions of witnesses to be taken in civil cases, where the witness lives at a distance, being read,

Mr. Gallaher moved a rider, exempting females from attending as witnesses in civil cases, and authorising their depositions to be read.

Mr. Campbell of Brooke opposed the rider.

Mr. Faulkner expressed regret at the presentation of the rider, as it was calculated to endanger the bill. Whereupon,

Mr. Gallaher offered to withdraw it; but the motion was superseded by a motion of Mr. Williams of Harrison, to postpone the bill and rider, indefinitely.

Mr. Faulkner then addressed the House at some length in favor of the bill.

He was succeeded by Mr. Campbell of Brooke on the other side, when the vote was taken and the bill and rider postponed—Ayes 59, Noes 41.

On motion of Mr. Byrne, the House adjourned