Virginia Argus

VIRGINIA LEGISLATURE.

House of Delegates.
Monday, December 8th, 1806.

Mr. Harrison (of Amelia) made the following report from the committee of propositions and grievances:

The committee of propositions and grievances have, according to order, had under their consideration sundry petitions to them referred. and have come to the following resolutions thereupon :

1. Resolved, as the opinion of this committee, that the petition of sundry inhabitants of the county of Amherst, praying that a law may pass for a division of their said county, is reasonable.

2. Resolved. as the opinion of this committee, that the petition of James Waugh, praying that a law may pass authorising him to establish a ferry from his land in the county of Amherst. across the Fluvanna river to the land of Tamerlane William Whiting Davies, in the county of Bedford, is reasonable.

3. Resolved, as the opinion of this committee, that the petition and remonstrance of Tamerlane William Whiting Davies, in opposition thereto, be rejected.

4. Resolved. as the opinion of this committee, that the petition of John Chowning. of the county of Lancaster, praying an increase of the rates of ferriage at his ferry across the Rappahannock river, is reasonable.

5. Resolved, as the opinion of this committee, that the petition of Allen Rice. praying that a law may pass. authorising him to establish a ferry from his land in the county of Kanawha, across Mud river, to the opposite shore, is reasonable.

6. Resolved. as the opinion of this committee, that the petition of sundry inhabitants of the county of Wood, praying that a law may pass. re-establishing the ferry at the mouth of Cow creek. from the land of Alexander Henderson across the Ohio river, is reasonable.

7. Resolved. as the opinion of this committee, that the petition of John Jones, praying that a law may pass, authorising him to establish a ferry from his land in the county Kanawha. across Kanawha river,to the land of John Hunter, on the opposite shore, is reasonable.

The first resolution being read a second time, a motion was made to amend the same, by striking out at the end thereof the words "is reasonable," and inserting in lieu of them the words "be rejected:" and the question being put on the proposed amendment, it passed in the negative.

The question being then put upon the resolution as reported, it was agreed to by the house.

The 2d, 3d. 4th, 5th 6th. & 7th resolutions being severally read a second, time were on question put thereupon, agreed to by the house.

Ordered, that bills be brought in pursuant to 1st. 2d, 4th, 5th, 6th, and 7th resolutions; and that the committee of propositions and grievances do prepare and bring in the same.

Mr. Smyth (of Wythe) from the committee for courts of justice, made the following report :

The committee for Courts of Justice have according to order, had, under their consideration, several petitions to them referred, and have come to the following resolutions thereupon:

1. Resolved, That it is the opinion of this committee, that the petition of sundry inhabitants of Mason county, praying that the quarterly courts of the said county may hereafter be held in the months of April, June, September and November, instead of those appointed by law for holding the said courts. is reasonable.

2. Resolved, That it is the opinion of this committee, that the petition of Samuel Jones Catlett, praying that he may be authorised by law to remove certain slaves from Georgia into this state, be rejected.

The first resolution being read a second time, was on the question put thereupon, agreed to by the house.

The second resolution being read a second time, was, on motion, ordered to be laid upon the table.

The speaker laid before the house a letter from Lewis Harvie, esq. which was read in the following words :

SIR,

The appointment which has been conferred on me by the voice of a majority of the legislature, is accepted by me with a lively sense of my obligation to that honorable body. To have obtained the approbation of gentlemen whose situation has enabled them by personal observation to appreciate justly the motives which have influenced me in the course I have pursued, is a circumstance most truly grateful to my feelings. It shall be my most anxious study to merit the favor they have bestowed, by an unremitted effort to discharge with propriety the duties assigned to me. An impartial attention to interests of the several sections of the state, shall be the unchangeable rule of my conduct. A consciousness of my own limited capacity, induces me to apprehend that I may commit many errors; but that those errors will solely proceed from the weakness of my judgement, I may confidently assert, since the highest ambition of which my nature is susceptible, is to promote the happiness of my native country. As the seat I occupied in the legislature is vacated by my qualifying to the privy council, my duty to my former constituents induces me to request that a writ of election may be ordered to supply the vacancy. In thus taking leave of those gentlemen with whom I had been associated in the office of legislation, I should not do justice to my feelings was I to withhold the expression of those sentiments of esteem and affectionate regard with which their characters have inspired me : I pray you, sir, to tender them my warmest acknowledgments, and accept for yourself the assurance of my high consideration.

LEWIS HARVIE.

On motion, Ordered that the said letter be laid upon the table.

On motion, Ordered. that a writ of election issue to the city of Richmond, to supply the vacancy occasioned by the acceptance by Lewis Harvie, esq. of the office of a member of the privy council or council of state.

On motion, Ordered, that the letter of General Alexander Spotswood, together with the two manuscript volumes accompanying the same be referred to Messrs. Minior (of Spottsylvania) Singleton, C. B. Harrison, Love and Foushee.

On motion, Ordered. that the committee appointed on the part of this house to examine the treasurer's accounts, have leave to sit during the sitting of the house.

On motion, Ordered. that the resolutions from the state of Kentucky, proposing an amendment to the constitution of the United States, which were during the last session of the legislature postponed for consideration, be referred to the committee of the whole house on Monday next.

On motion, Ordered. that so much of the Governor's communication as relates to the manufactory of arms, be referred to Messrs. Baker. Hawes, Davis. Burne. Robertson, Henderson, Watkins, Chappel Powell. Lightfoot. Hite, A. S. Hooe and Perry; and that they do report thereupon to the house by bill or otherwise.

Ordered, that leave be given to bring in a bill, " To amend an act, entitled an act, more effectually to provide for the payment of taxes upon lands within this commonwealth;" and that Messrs. Kinney, Prunty, Jones (of Nottoway) Marteney, Lowther. Nicholls, Moncure, Jarrott, Tavenner, Graham, Smyth (of Wythe) Stricker and Dyer, do prepare and bring in the same.

Ordered, that leave be given to bring in a bill, " To appropriate a certain sum of money to discharge and satisfy a judgment of the high court of appeals, in behalf of the representative of Doctor Thomas Walker against this commonwealth ;" and that Messrs. Minor (of Spottsylvania) Lampkin, Bar-top, Lundy and Coles, do prepare and bring in the same.

Ordered, That leave be given to bring in a bill, " To alter the court day of Caroline county :" and that Messrs. Coleman (of Caroline) Hawes, Mercer, Wm. Hooe and Gaines, do prepare and bring in the same.

Ordered, that leave be given to bring in a bill, "To amend the act.entitled an act for the relief of persons who have been or may be injured by the destruction of the records of county courts ;" and that Messrs. Lindsay, Rozzell, Morris, Mason and Hill, do prepare and bring in the same.

Mr. Leftwich presented, according to order, a bill, "Concerning the town of Liberty in the county of Bedford," which was received and read the first time, and ordered to be read a second time.

A petition was presented and read, from Nathaniel Hart. praying that he may be divorced from his wife Eliza Hart :

Also. a petition from a number of the citizens of Norfolk borough, praying certain alterations in the charter and police of said borough ;

Ordered, that the said petitions be referred to the committee for courts of justice ; that they do examine the matter thereof. and report the same with their opinion thereupon to the house.

A petition was presented and read, from a number of the inhabitants of Harrison county, praying for a division of the said county :

Also. a petition from a number of the inhabitants of Ohio county, praying for a division of the said county ;

Also, a petition from a number of the inhabitants of Goochland county, praying that the rates of passing Carter's ferry, across James river, may be reduced;

Also, a memorial of John Woodson, of Goochland county, in opposition thereto;

Also, a petition from Jacob Eib and others, praying that a ferry may be established from the lands of said Jacob, across the West Fork river, to the lands of Benjamin Wilson and Daniel Davisson, on the opposite shore;

Ordered, that the said petitions be referred to the committee of propositions and grievances; that they do examine the matter thereof and report the same with their opinion thereupon to the house.

A petition was presented and read from John Welsh, praying compensation for his trouble and expenses in bringing a certain John Abbot, a horse thief, from the state of North Carolina into this state;

Also, a petition of William Farris of Campbell county, praying compensation for taking and keeping in confinement for some time, a lunatic in the said county, by order of a magistrate;

Ordered, That the said petitions be referred to the committee of claims; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the house.

A petition was presented and read from William Wilson and John Mackey, praying compensation for their trouble and expense in bringing to justice in the county of Rockbridge. a negro man slave, the property of John Standif, who had been guilty of a felony ; and the question being put
on the reference of the said petition, it passed in the negative.

Resolved, that the said petition be rejected.--Adjourned.

Tuesday, December 9.

Ordered, that Mr. Hawes be added to the committee to whom was referred that part of the Governor's communication which relates to the Penitentiary system.

A bill, " Concerning the town of Liberty in the county of Bedford," was read a second time, and ordered to be engrossed and read a third time.

Mr. Harrison (of Amelia) reported from the committee of propositions and grievances, that the committee had, according to order, had under their consideration sundry petitions to them referred, and had come to several resolutions thereupon, which he handed in at the clerk's table. where the same were twice read and agreed to by the house as follows:

1. Resolved, as the opinion of this committee, that the petition of sundry inhabitants of the county of Goochland, praying that a law may pass for establishing a town and an inspection of tobacco, on the land of Samuel Woodson, at or adjoining the court house of their said county, is reasonable

2. Resolved, as the opinion of this committee, that the petition of Thomas Burchinal, praying that a law may pass, establishing a town on his land in the county of Monongalia, is reasonable.

3. Resolved, as the opinion of this committee, that the petition of Henry Dering, praying that a law may pass, establishing a ferry from his land adjoining a mill near Morgan Town in the County of Monongalia, across Monongalia river, to the lands of Noah Ridgway and William Tingle, on the opposite shore, is reasonable

Ordered, that bills be brought in pursuant to each of the said resolutions : and that the committee of propositions and grievances do prepare and bring in the same.

Mr. Smyth (of Wythe) reported from the committee for Courts of justice, that the committee had, according to order, had under their consideration several petitions to them referred, and had come to several resolutions thereupon, which he handed in at the clerk's table, where the same were twice read and agreed to by the house as follows ;

1. Resolved, that it is the opinion of this committee, that the petition of sundry inhabitants of the borough of Norfolk. praying that an act may pass, authorising the pavement of the streets in the said borough upon the plan in the said petition mentioned, is reasonable.

2. Resolved, that it is the opinion of this committee, that the petition of sundry inhabitants of the said borough, praying that an act may pass, authorising the appointment of a mathematical surveyor, and processioners for the said borough, under the regulations in the said petition prescribed ; that the common hall of the said borough may be required to procure the necessary instruments and apparatus for the said surveyor, and that he may be compelled to perform certain acts in the said petition mentioned, is reasonable.

3. Resolved, that it is the opinion of this committee, that the petition of sundry inhabitants of the said borough, praying, for the reasons therein mentioned, that the act entitled" An act concerning the docks and wharves in the borough of Norfolk," may be so amended as to authorise the fixture of flood-gates at the lowest bridge on the Back creek, an arm of Elizabeth river, is reasonable.

Ordered, That bills be brought in pursuant to each of the said resolutions, and that the committee for courts of justice do prepare and bring in the same.

Mr. Foushee from the committee of claims made the following report :

'The committee of claims have, according to order, had under their consideration several petitions to them referred, agreed upon a report, and have come to the following resolutions thereupon:

It appears to your committee, from the depositions of Charles Byrne, Thomas Payne and John Fairfax, that a sorrel horse, the property of William G. Payne, which he stated he allowed one hundred dollars for, was pressed by the sheriff of Monongalia county for the purpose of removing a criminal from Morgan Town District Court to the Penitentiary house; and that he has never been returned, in consequence of an injury sustained whilst performing that service ; which injury has rendered him nearly useless. That the warrant of impressment and appraisement were lost, but that he was appraised at fifty or fifty-five dollars;

1. Resolved, therefore, as the opinion of this committee, that the sum of fifty-five dollars, as compensation to William G. Payne, should be allowed for the injury his horse sustained in the service of the commonwealth, is reasonable.

2. Resolved, also, as the opinion of this committee, that the petition of James Johnson, stating that whilst sheriff of Pittsylvanian county, he did in the year 1800, over-pay into the treasury fifty-eight dollars twenty six cents, on account of militia fines, for which he has never been reimbursed, as appears by the Auditor's certificate; and praying that the said fifty eight dollars and twenty-six cents may be refunded to him, is reasonable.

3. Resolved, also, as the opinion of this committee, that the petition of James Waughin, stating that in the year 1804, he was high sheriff of the county of Fairfax, from unavoidable circumstances he failed
In the collection of the public revenue for the said county, and judgment was obtained against him in the general court, for the principal, interest, damages and costs; which from the Auditor's certificate, has since been paid into the treasury by the said James Waugh, and praying the legislature to refund to him the amount of the damages, is reasonable.

The 1st and 2d resolutions being read a second time, were on the question put thereupon, agreed to by the house.

The 3d resolution being read a second time, was on the question put thereupon, disagreed to by the house.

Ordered, That bills be brought in pursuant to the 1st and 2d resolutions: and that the committee of claims do prepare and bring in the same.

Mr. Harrison (of Amelia) presented, from the committee of propositions and grievances, a bill "For dividing the county of Amherst:"

Mr. Smyth (of Wythe) presented, from the committee for courts of justice, a bill "Concerning the attendance of witnesses in the inferior courts:"

Mr. Coleman (of Caroline) presented, according to order, a bill "Altering the court day of Caroline county;"

Mr. Miller (of Powhatan) presented, according to order, a bill, "Making provision for the payment of such warrants as have been drawn on the treasury, and towards the discharge of which there is no fund appropriated;"

Mr. Minor (of Spottsylvania) presented, according to order, a bill, "Making an appropriation for the payment of a public debt due to the representative of Doctor Thomas Walker, dec." which said bills were severally received and read the first time and ordered to be read a second time.

Mr. Smyth (of Wythe) presented, from the committee for courts of justice, a bill, "To amend the act, entitled an act to extend the jurisdiction of justices of the peace"; which was received and read the first time and ordered to be read a second time:

On motion, Ordered, That the said bill be now read a second time: the said bill was accordingly read a second time, and was, on motion, ordered to be committed to a committee of the whole house on Saturday next.

Ordered, That 250 copies of the said bill be printed for the use of the members of the General Assembly.

On motion, Ordered, That a committee be appointed to enquire into the present state of the public guard; and a committee was appointed of Messrs. Mercer, Hatcher, Storrs, Jones (of Hanover) and Nelson.

On motion, Ordered, That the committee of propositions and grievances be discharged from further consideration of the petitions of John Lynch and George Cabell.

Ordered, That leave be given to bring in a bill, "To amend the penal laws of this commonwealth;" and that Messrs. Love, Watson, Brooke, Murdaugh, Jones (of Nottingham), Blakey, Minor (of Orange), Archer, Smyth (of Wythe), Prall, Newsum, Reynolds and Dillard, do prepare and bring in the same.

A petition was presented and read from Charlotte Ball of the county of Culpeper, praying to be divorced from her husband William Ball;

Also, a petition from Polly Stone of Henry county, praying to be divorced from her husband Jeremiah Stone;

Also, a petition from Daniel Rose of Prince William county, praying to be divorced from his wife Henrietta Rose.

Also, a Petition from the president and directors of the Little river turnpike company praying certain alterations in the law establishing said company;

Also, a petition from a number of the inhabitants of Loudoun county, with a prayer to the same effect;

Also, a petition of several inhabitants of Wood county, praying for an alteration in the court days of said county;

Ordered, That the said petitions with the accompanying documents, be referred to the committee of propositions and grievances; that they do examine the matter thereof and report the same with their opinion thereupon to the house.

A petition was presented and read from Thomas Buffington and others of Kanawha county, praying that a town may be established on the lands of said Thomas at the conflux of the river Guyandotte with the river Ohio;

Also, a petition of the said Thomas Buffington, praying that he may be authorised to erect a mill on the Ohio river, at the mouth of the Guyandotte river;

Also, a petition of a number of the inhabitants of the counties of Shenandoah and Rockingham, praying that a new county may be formed out of certain parts of said counties:

Referred to the committee of propositions and grievances.