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Richmond, Henrico County, Virginia
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Extracts from Virginia House of Delegates journals for Dec. 18-19, 1804, covering report and resolution on Robert Campbell's divorce petition based on wife's adultery with Elias Bates, Senate bills on Holston River navigation and public printer amendments, executive expenditure approval, treasurer accounts committee appointment, clerk's office review, James River navigation memorial referral, Norfolk marine insurance petition, and bill postponements.
Merged-components note: Continuation of Virginia legislature journal extracts across components.
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EXTRACTS FROM THE JOURNALS OF THE HOUSE OF DELEGATES.
Tuesday, Dec. 18th, 1804.
Mr. Johnston reported from the committee for courts of justice, that the committee had, according to order, had under their consideration the petition of Robert Campbell, to them referred, and had agreed upon a report and come to a resolution thereupon, which he handed in at the clerk's table, where the same was twice read and agreed to by the house, as follows:
It appears to your committee by the oath of Samuel M'Craw that he has been well acquainted for some years past with both the petitioner and Anne his wife; that the conduct of the petitioner towards his said wife during that time, has always appeared to the deponent to be tender, affectionate and unexceptionable: that for many years their happiness appeared to be mutual; but that within the period of about eighteen months last past, frequent unfortunate differences happened between the said parties, in which the said Anne generally spoke of an unfortunate connection of her husband in trade with a certain John Hicks, as the principal cause of complaint; but finally confessed to the deponent that she was more attached to another person than her husband, and that she should from Richmond, the place of her residence, depart, with the said person, as her future friend and protector. That sometimes at the instance of one, of the petitioner, and sometimes of the said Anne, the deponent heard their mutual complaints, in none of which when the said Anne was in a proper temperature of mind, did she accuse the petitioner of any ill-treatment towards her. That shortly after their final difference, which produced a separation between them in April last, the deponent was requested to draw articles of separation between them, which being done, they were accordingly executed by the said parties. That a letter dated at New-Haven, 25th November, 1804, addressed to the deponent, and signed, "formerly Anne Campbell, now Anne Bates." and exhibited to the committee, is in the proper hand writing of the wife of the petitioner; in which said letter, the deponent, who stated to your committee that he is in the habit of corresponding with the said Anne relative to certain property conveyed to him as the mutual trustee of the said parties, is directed to address his letters in future to Anna or Elias Bates, instead of Anne Campbell: the said Anne stating in the said letter that she was married to the said Elias Bates. The deponent is also directed by the same letter, to pay the amount of orders which might be drawn by her under the signature of Anna Bates.
It further appears to your committee, by the oath of the said deponent, that there is no issue of the marriage of the said Robert Campbell and Anne his wife.
It further appears to your committee, by the oath of Luman Bishop, that he has also been long acquainted with the said Robert Campbell and Anne his wife; that he frequently visited them while they lived together, and for some years much happiness appeared to subsist between them. That the deponent for some time lived a near neighbor to the said Robert and Anne, and that the said Robert always appeared to the deponent to behave and conduct himself as a kind and affectionate husband towards the said Anne. That some short time previous to the period at which a separation took place between them, the deponent heard of, and witnessed many disputes and quarrels between the petitioner and his wife, in all of which the said Anne alone seemed to be blamable; that she was often in a state of intoxication, and in that situation frequently disagreed and quarrelled with her husband. That not long before the said separation the said Anne confessed to the deponent, that the aforesaid Elias Bates possessed her affections, and that she should continue no longer with the said Campbell, but live with the said Bates. That in consequence thereof, the deponent requested the said Anne not to continue her visits to his family; and as the said Bates at that time rented a room in the dwelling house of the deponent, he communicated to him the confession made to the deponent by the said Anne, and desired the said Bates to leave the room rented by him; but as the deponent could not compel him to do so, in consequence of his agreement with the said Bates, the latter continued to keep possession of the said room, at which place, the deponent had many reasons to believe, that the said Anne made several visits to the said Bates. That the said Anne informed the deponent that she had written a note to the said Bates, appointing therein a time and place for seeing him, and that the said Bates met her accordingly-- and that the deponent has no doubt from certain expressions and insinuations made to him, as well by the said Anne as the said Bates, that there was a carnal intercourse between them before the separation of the said Anne from the said Robert Campbell, her husband--That the deponent forthwith communicated to the petitioner the evidences which he had of the inconstancy of the said Anne; but the petitioner discredited such communication, and averred that in all the afflictions which he had experienced, his confidence in her chastity and fidelity had remained unimpaired.
But when at last convinced by the positive information of the deponent, he exhibited the utmost distress and shed tears abundantly.
It further appears to your committee, by the oath of Hendley Dunnington, that some time in or about the month of April last, the deponent being about to sail to Norfolk from Rocketts landing, in the sloop Betsy, and as captain thereof, the said Elias Bates engaged of him a passage for two persons in the said sloop, to Norfolk: and mentioned that the room so engaged by him, was intended for himself, and a woman who was to accompany him. That the said Elias Bates soon afterwards, with Anne Campbell before named, went as passengers with him to Norfolk: that on their way thither there appeared to be a mutual attachment between them, and that they constantly slept together in the same bed.
It further appears to your committee by the oath of Abraham Husted, jun. that he went as a passenger to Norfolk with Capt. Hendley Dunnington, and in company with the aforesaid Elias Bates and Anne Campbell; that during that time the deponent several times observed the said Elias and Anne lying together in the same bed, and from many other circumstances, is well satisfied that the said Bates had an illicit intercourse with the said Anne.
It further appears to your committee, that the articles of separation between the aforesaid Robert Campbell and Anne his wife, bearing date the 9th day of April, 1801, alluded to in the evidence of Samuel McCraw, and exhibited to the committee, have been duly admitted to record in the Richmond District Court, by which said articles, it appears among other things to your committee, that the said Robert and Anne have agreed to separate forever as man and wife.
Resolved, therefore, that it is the opinion of this committee, that the petition of the said Robert Campbell, praying that an act may pass for divorcing him from his aforesaid wife, is reasonable.
Ordered, That a bill be brought in pursuant to the said resolution, and that the committee for courts of justice do prepare and bring in the same.
Wednesday, Dec. 19.
A communication from the Senate by their clerk:
The Senate have passed the bill, entitled, an act, appropriating a sum of money for the purpose of opening the navigation of Holston river.
A message from the Senate by Mr. Sheffey:
Mr. Speaker--The Senate have passed the bill, entitled an act, to amend the act, entitled an act, directing the mode of appointing the public printer, prescribing his duties and for other purposes therein mentioned.
Mr. Miller, (Powhatan) from the committee appointed on the part of this house, to examine jointly with a committee from the Senate, the executive expenditure for the last year, reported the following resolution:
Resolved, as the opinion of this committee, that the expenditures made by the Executive of this commonwealth, during the last year, out of the contingent fund, were authorized by law, custom, or usage, except the disbursements made to Samuel Brooks and others, as compensation for their aid in detecting Thomas Logwood, a counterfeiter of the notes of the bank of the United States, which we consider justified by the necessity of the case.
And the said resolution being twice read, was, upon the question put thereupon, agreed to by the house.
On a motion made,
Resolved, That a committee be appointed on the part of this house, to examine jointly with a committee from the Senate, the treasurer's accounts for the last year; and a committee was appointed of Messrs. Campbell, Coleman, (Caroline) Burwell, Callaway, Chappell, Neal, Finnie, Brown, M'Farlane, Penn and Ellington.
Mr. Edwards, from the committee appointed to examine the clerk's office, made the following report:
The committee find, that the papers from the year 1775 to 1805, both years inclusive, are properly arranged in the office.
That the journals, written or printed, from the year 1769 to the year 1805, both years inclusive, except for the years 1783 and 1784 which are bound but unfinished, are deposited in the office, and except also the journal of 1799, which from information received by the committee, will shortly be completed in manuscript and deposited in the office.
The enrolled bills from 1776 to 1805, both years inclusive, are filed in the office and neatly deposited in tin cases.
Your committee beg leave to suggest the propriety of employing some person to finish the manuscript journals of 1783 and 1784.
Ordered, That the said report do lie upon the table.
On motion,
Resolved, That the manuscript journals of the proceedings of this house, for the years 1783 and 1784, be completed under the inspection of the clerk of this house, on the best terms that can be obtained.
A memorial from sundry merchants, traders, masters and owners of vessels and other persons, was presented and read, stating many inconveniences and hardships arising under an act passed at the last session of the legislature, entitled an act, for improving the navigation of James river: and praying that the said act may either be repealed, or amended in such manner as to remove the said grievances;
Ordered, That the said memorial be referred to Messrs. Storrs, Tazewell, Selden, King, Semple, Johnston, Clarke, Cheatham and Riddick, who are to take the matter thereof into consideration and report the same, with their opinion thereon, to the house.
A petition from a number of the inhabitants of Norfolk borough, praying the passage of a law to incorporate another company for marine insurances in the said borough; referred to the committee for courts of justice.
The several orders of the day for the house to resolve itself into a committee of the whole house on the bill, to prevent slaves being brought into this state, and on the state of the Commonwealth, being read;
Ordered, That the same be put off till to-morrow.
And then the house adjourned till to-morrow 12 o'clock.
HUGH J. CRAWFORD,
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Domestic News Details
Primary Location
Virginia
Event Date
Tuesday, Dec. 18th, 1804 And Wednesday, Dec. 19, 1804
Key Persons
Outcome
house agreed to report recommending divorce bill for robert campbell; approved executive expenditures with note on counterfeiter detection; appointed treasurer accounts committee; referred james river navigation memorial and norfolk insurance petition; postponed bills on slaves and commonwealth state; ordered completion of 1783-1784 journals.
Event Details
House of Delegates considered committee report on Robert Campbell's divorce petition, detailing testimonies from Samuel M'Craw, Luman Bishop, Hendley Dunnington, and Abraham Husted jun. regarding Anne Campbell's attachment to and intercourse with Elias Bates, prior separation articles from April 1801, and no issue from marriage; resolved petition reasonable and ordered divorce bill. Received Senate communications passing bills for Holston River navigation funding and public printer amendments. Approved report on executive contingent fund expenditures, justifying counterfeiter detection payments. Appointed joint committee to examine treasurer's accounts. Received report on clerk's office records arrangement, suggesting completion of 1783-1784 journals, which was resolved. Referred memorial from merchants on James River navigation act hardships to committee. Referred Norfolk inhabitants' petition for new marine insurance company to courts of justice committee. Postponed committee of the whole on bills to prevent slave importation and state of the commonwealth.