The Enquirer

VIRGINIA LEGISLATURE.

HOUSE OF DELEGATES.

Friday, October 21.

A report from the committee for Courts of Justice, was taken up and read as follows:--The Committee for Courts of Justice have, according to order, had under consideration sundry petitions to them referred, & have come to the following resolutions thereupon--1. Resolved, as the opinion of this committee, that the petition of John Griffith, stating that he has lately brought into this state, from the state of Maryland, a negro woman slave, by the name of Motly, which slave, he is informed, has become forfeitable to the commonwealth; and praying that a law may pass releasing the commonwealth's right to the said slave, and authorising him to hold her as his property within this state, is reasonable. 2. Resolved, as the opinion of this committee, that the petition of James Strange, John Strange, Elizabeth Tingle, late Elizabeth Strange, Sarah Hall, late Sarah Strange, and Peggy Gold, late Peggy Strange, setting forth, that they are the children and legal representatives of William Strange, late of the county of Randolph, who died intestate: that by virtue of a certificate from the commissioners appointed for adjusting the claims to unpatented lands in the counties of Monongalia, Yohogania and Ohio, Edward Jackson and John Fink were entitled, as tenants in common, to four hundred acres of land in that part of Monongalia county, now included in the county of Randolph; that the said Jackson and Fink by their respective assignments for a valuable consideration, assigned their rights in the said land to the petitioners' father, who became possessed of said land, but from neglect, or perhaps from ignorance, he failed to enter his certificate in the Register's Office, and obtain a patent for the said land within the time prescribed by law; and therefore praying that a law may pass affording to the petitioners such relief as the case may require, is reasonable. 3. Resolved, as the opinion of this committee, that the petition of Nick Scott, a man of color, praying that an act may pass permitting him to reside as a free person within this commonwealth, is reasonable. 4. Resolved, as the opinion of this committee, that the petition of the Stockholders in the Morgantown Circulating Library, praying that a law may pass incorporating the said Stockholders under the name of the Morgantown Circulating Library, is reasonable.

The said resolutions being twice read, were, on questions severally put thereupon, agreed to by the House.

Mr. Anderson of Augusta, from the committee of Claims, presented a report, which was received & read as follows: The committee of Claims have, according to order, had under their consideration several petitions to them referred, agreed upon reports, and come to sundry resolutions thereupon. It appears to your committee from the petition and evidence of James Bell, of the county of Augusta, that on the day of July, 1813, he was detailed from the 32d regiment, & served his tour of duty in the militia; that he was impressed with a belief that each member of the regiment was in their turn to serve before he was again detailed--but was again drafted on the 29th August last, 1814: that not being at home at the time and aware of the detail, he did not answer to his name; that returning home immediately after, he pursued the detachment, overtook it in twelve miles, and offered his services by substitute; that the officer commanding the detachment refused his service because his name was not on his rolls, and the detachment being filled by another man in consequence of his absence; that nevertheless the court martial fined him in the sum of ninety six dollars:--Resolved, therefore, as the opinion of this committee, that the petition of James Bell, praying for a remission of the fine aforesaid, is reasonable.

It appears also to your committee, from the petition and evidence of William Archer & Harry Heth, that two negro men, their slaves, were condemned to be hanged by the county court of Chesterfield on the charge of burglary; that they were each valued at four hundred dollars; that before the day of execution they broke jail and have never been heard of since; and that he made application to the Auditor for their values, which was refused by him, in consequence of their not being actually executed:--2. Resolved, therefore, as the opinion of this committee, that the petition of William Archer, and Harry Heth, praying compensation for the value of the aforesaid slaves, and interest thereon from the time of the sentence of the court for their execution, is reasonable.

It appears also to your committee, from the petition and evidence of David Hayhurst, jr. of Monongalia county, that he was fined by the court martial in the sum of ninety-six dollars, for failing to perform a tour of duty, when he was under the age prescribed by law:--3. Resolved, therefore, as the opinion of this committee, that the petition of David Hayhurst, jr. praying for a remission of the fine aforesaid, is reasonable.

The said resolutions, being twice read, were, on questions severally put thereupon, agreed to by the House.

On motion of Mr. Tyler, leave was given to bring in a bill "Restricting floating seines from fishing within the sweep of regular fisheries, and for other purposes."

On motion of Mr. Medley, leave was granted to bring in a bill "Annexing the county of Halifax to the District for which a Superior Court of Chancery is held at Lynchburg."

On motion of Mr. Garland, Resolved, that the Executive be requested to lay before this House an estimate of the unsatisfied demands against this commonwealth; also what sum will be necessary for the support of our present military force in the field until the first day of January next; also, Resolved, that the Auditor of Public Accounts be requested to lay before this House an estimate of the debts due to this commonwealth, distinguishing such as will probably be brought into the Treasury in the course of the ensuing year.

On motion of Mr. Mercer, Resolved, that the Executive be requested to lay before the House of Delegates a detailed statement of all such sums expended in defence of the commonwealth, as are chargeable on the government of the United States, and are not included in the report made by the Executive to the House of Delegates, at the last session of the General Assembly, in relation to this branch of the public expenditure.

A petition of sundry persons, for liberty to raise a sum of money, by lottery, for the purpose of building a meeting house in the town of Paris, Virginia, to be free to all denominations of people to preach in, provided they set agreeably to the laws of the country, and keep good order;--A petition of Philip Hembrough Gallego, & Hembrough and of Dilsey Gallego, his father and mother, who were emancipated by Joseph Gallego of the city of Richmond, and have purchased their grand son of John Graham, to whom he formerly belonged, praying that the said Philip Hembrough Gallego, when emancipated, may be permitted to enjoy his freedom in this commonwealth; were referred to the C. for C. of Justice.

A petition was presented and read of the trustees of the Waes Charity School of the Town of Fredericksburg, representing that they are desirous of introducing into their institution the Lancastrian system of education; that to derive the whole benefits of the system, it is necessary to have a house or room fitted up for the special purpose: and praying a grant from the legislature, of part of the square, in the said town, on which the court-house now stands?-- also, a petition of sundry inhabitants of the counties of Hanover and Henrico, that a law may pass authorising a turnpike road from the city of Richmond to the Meadow-Bridges; also, a petition of sundry freeholders and citizens of Albemarle, Fluvanna and Louisa, praying that William Wood be authorised to open the river Rivanna, as high as Milton, (allowing him a reasonable time to complete the navigation) & after its completion, that he be permitted to receive by toll such a sum of money as commissioners appointed by the three counties may conceive the improvement is worth; and a petition of Alexander Walker proprietor of the ground on which the tobacco warehouses in the town of Fredericksburg are situated, praying for reasons set forth therein, that a part of the said ground may revert back to him and agreeing thereupon, to erect on the balance of the ground, such new and substantial buildings as, by the inspectors or commissioners named for the purpose, may be deemed sufficient to contain all the tobacco which may be in future inspected, and at the same time render it less subject to fire or other casualties.--Referred to the C. of P. & O.

A petition of the Inspectors at Rocket's warehouse, praying an increase of their salaries to 100l per annum, being the sum allowed to the Inspectors at Shockoe warehouse, was rejected.

Saturday, Oct. 22.

A Communication was received from the Senate, stating that they had passed the bill "Making further appropriations for the support of government?" also the bill "To amend the several acts of Assembly prescribing the mode of ascertaining the taxable property within the commonwealth, and of collecting the public revenue" with amendments, in which the H. of D. concurred.

An engrossed bill "To amend the penal laws of this Commonwealth" [originally moved by Mr. Magill,] was read a third time and passed.

The following Resolutions, from the Committee of P. & G. were read: 1. Resolved, as the opinion of this committee, that the petition of sundry inhabitants of the county of Montgomery, praying that an act may pass, compelling the owners of dams across the river Roanoke, to construct slopes therein, so as to admit a free passage of fish, is reasonable? Resolved, as the opinion of this committee, that the petition of Robert Cave, proprietor of the land whereon the town of Mechanic, in the county of Orange, was established, praying that the act establishing the said town may be repealed, is reasonable.--And the said resolutions, being twice read, were, on questions severally put thereupon, agreed to by the House.

The following Letters, which had accompanied the Communication of the Governor of the 20th Inst. were taken up and read:

James Barbour, Esq. Governor of Virginia,

SIR,

I take the liberty of informing the Executive, that there are three prisoners in the jail of the Superior Court of Prince George county, sent on for trial in that court, two of whom are charged with the crime of larceny, and the third with homicide; that against a person sent forward for murder but bailed, and who failed to appear, a capias has issued; that there is no prosecutor for the commonwealth: that the court offered to every member of the bar the office of prosecutor, which was rejected absolutely and peremptorily on the ground of inadequacy of compensation, and that day wages ought not to be accepted by a member of the bar, as it tended to degrade him: that the grand jury are still in session, and that the civil business of the court will in all likelihood be dispatched on Tuesday or arrive on Wednesday. David Robertson, esq. whose abilities as a public prosecutor are unquestionable, declared that he had determined to resign the office of prosecutor in every court in judge Randolph's circuit after this spring. and that he had continued in office under the expectation that the legislature would have increased the compensation, and given a salary which would be adequate. and in that event he would have willingly continued to act: that he had no objection to the office of prosecutor, but that $5 per diem was a compensation which he felt would degrade him if he accepted it.

I am, with great respect,

Your most ob't serv't.

JAMES SEMPLE.

Prince George, April 24th, 1814.

I have several times written to you and given information relative to the situation of the commonwealth's business in some of the courts in the 2d circuit. It was with difficulty that I overcame my scruples relative to the propriety of that course, nor should I have adopted it, had not several of my brethren advised me that it was not objectionable. Confiding in this advice, and being desirous of promoting the public interests, and of saving from lengthy imprisonment in the noxious jail of Norfolk Superior Court, I have determined again to lay before the Executive some facts of which I have been apprised relative to the commonwealth's business in that court. I beg leave in the first place, however, to remind you of a letter addressed to the Executive by the General Court two or three years since, on this subject, and to apprise you that it is believed that no member of the Norfolk bar will accept the office for the fees allowed by law, at this time. Since the trial of Myers, that office has been steadily refused by the bar, and it is believed will certainly be again refused, if offered to each member.

Alexander M'Rae, esq. announced by a letter written a few days since, that he had, about the 20th of March, resigned the office of prosecutor in that court, and he was induced to renew his declaration, least the first should not have reached me, and the court should come on before the fact was known. Applications have been made to me by four persons confined in the jail of the Superior Court of Norfolk on a charge of murder, who had been sent on by the examining court for trial, to be admitted to bail, and the records of the proceedings in the county court accompanied the petitions.--They are still confined in jail. A female prosecuted for bigamy, was bailed by judge Brockenbrough and myself since the last term, and she is to be tried at the approaching term, if the grand jury have a bill sent out, and they should consider her to be guilty. Judge Brockenbrough informed me at the last General Court, that who shot the adjutant from Winchester, had been convicted of murder in the first degree, and that he had awarded a new trial--In addition, it may not be amiss to add that, at every court, some one or more, generally 4 or 5, are tried for larceny in that court; and it can hardly be expected that there will be less of crime in Norfolk now, when several thousand troops are there, than before that force was stationed there. It was once said by Mr. Vining, that he would prosecute in that court if the Executive would compensate him, as others were compensated, who were paid by the Executive, and he could have timely notice.

I am, with respect,

Your most obedient servant,

JAMES SEMPLE.

His Excellency James Barbour,

Governor of Virginia.

A Report from the Committee of Claims was read, as follows:

It appears to your committee from the petition and evidence of Charles M. Webb, a private belonging to Captain William Stephens' company of mounted riflemen, of the county of Orange, that he, being in service at Hampton, in January last, unfortunately lost his horse, worth sixty dollars, being killed accidentally;--1. Resolved therefore, as the opinion of this committee, that the petition of Charles M. Webb, praying remuneration for the value of the said horse, is reasonable.

It appears also to your committee from the petition and evidence of John Brady, of the county of Fauquier, that in May last he was drafted to perform a tour of duty; but from great bodily indisposition and debility, he was unable to attend the place of rendezvous, as also the court of enquiry for the assessment of fines, & in consequence thereof was fined in the sum of seventy-two dollars; and that by the certificate of Richard Cockran, the surgeon of the regiment, he was then and is now entirely unfit for military duty. 2. Resolved therefore, as the opinion of this committee, that the petition of John Brady, praying for a remission of the fine aforesaid, is reasonable.

The said resolutions being twice read, were, on questions severally put thereupon, agreed to by the House.

On motion of Mr. Field, leave was granted to bring in a bill "to revive an act to amend the act entitled, an act to amend the several laws concerning slaves, passed the 17th day of January, 181--"--also a bill "To amend an act making provision for the sale of public property in certain districts, passed January 10th, 1810"

On motion of Mr. Watson, leave was granted to bring in a bill "Allowing further time for the completion of water grist mills in particular cases."

On motion of Mr. Yancey a Committee was appointed to revise and amend the laws concerning public roads.

A petition of Wm. Hamlett, praying indemnity for 5 hhds. of tobacco which were burnt in May 1780 at Cedar Point Warehouse in the town of Petersburg, was rejected.

SIR.	Cedar Fields, May 5th, 1814.