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Martinsburg, Berkeley County, West Virginia
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Proceedings of the Virginia House of Delegates from December 26, 1823, to January 1, 1824, covering petitions, resolutions on land sales, forfeited properties, road improvements, penitentiary reforms, tobacco inspections, and handling of Tennessee resolutions, with several bills passed or referred.
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Friday, Dec. 26 -On Mr. Marshall's motion, the 33d rule of the House was again suspended;-and a petition was presented from John E. Blackwell and others, devisees of the late General John Blackwell of Fauquier, praying for leave to dispose of certain lands in Ohio county, or any other part of the estate, as may be most conducive to the interests of John I. Blackwell, &c -Referred to the Committee for Courts of Justice.
Saturday, Dec 27-. On motion of Mr. Marteney, the resolution offered by him on yesterday, was taken up, and he offered the following as a substitute:
"Resolved. That the C. of F have be instructed to inquire into the expediency of providing by law for the sale of all the lands forfeited to the literary fund. also all lands sold for the non-payment of taxes and redeemed by the commonwealth."
Mr. Sherrard offered the following addition as an amendment:
"And to authorize the correction of all errors or frauds which have been committed by the commissioners of the revenue or other public officers in relation thereto"-
And the resolution as amended was agreed to.
Mr. Gustin offered the following resolve, which was agreed to:
Resolved, That the C. for C. of J. be instructed to enquire into the expediency of amending, altering or explaining the 27th section of an act "to reduce into one act the several acts and parts of acts concerning the county and other inferior courts, and the jurisdiction of justices of the peace within this Commonwealth," by adding to that section after the words "Constable or other officer." the following words, "and his securities;" or any other amendment to that effect. so that it may be lawful for the party injured to notify the constable and his securities on failure of the said constable to make return of his execution as therein directed, with leave to report, &c.
On Mr. Colston's motion it was Resolved, That the C. of Roads and Internal Navigation, to whom was referred the memorial of the committee appointed by the Convention at Washington, on the 6th Nov. 1823, on the subject of the Potomac navigation, have leave to report by bill or otherwise.
Mr. Kincheloe offered a resolution instructing the Board of Public Works, to cause the Engineer to lay out a road from Clarksburg to Point Pleasant. Mr. K. made a statement showing the importance of the road, and the great inconvenience encountered by the people from the want of it.
On suggestion of Mr Colston, the resolution was so modified as to request the Board of Public Works to inquire into the expediency of laying out the road in question, and it was agreed to by the House.
Mr. Rives, of Nelson, offered the following Resolutions.
Resolved, That the Penitentiary Committee be instructed to enquire into the expediency of adopting the solitary cell system.
Resolved, also, That they be instructed to enquire into the expediency of abolishing imprisonment in the public jail or penitentiary house for less than five years, and substituting in lieu thereof the punishment of public castigation and incarceration in the county jails.
And Resolved, furthermore, That they be instructed to enquire into the expediency of introducing the tread or stepping mill into the penitentiary of this state, with leave to report on these different subjects by bill or otherwise.
Monday, Dec, 29.-The engrossed bill "discontinuing the inspection of tobacco at Bollingbrook Warehouse in the town of Petersburg;" was read a third time, and passed.
The engrossed bills-"concerning Edward Shekon and Wm. S. Richardson"-and "concerning John B. Richardson," were laid upon the table.
TENNESSEE RESOLUTIONS.
Mr, Tyler, in redemption of the promise made by him some days ago, moved that the bill and resolutions be laid on the table, for the purpose of taking up the Preamble and Resolutions on the subject of a Congressional Caucus. He said he acquitted himself of a duty incumbent on him by submitting this motion.but if the House thought proper to postpone their consideration to a future day they would do so. The motion prevailed, Ayes 85, Noes 52.
Mr. Colston moved to refer them to a Committee of the Whole, and that they be made the order of the day for to-morrow. He was induced to make this motion that certain members now absent who wished to take part in the debate, might be allowed to do so.
After considerable debate upon the subject in which Messrs. Tyler, Colston, Davis and Mallory took part, Mr. Everett moved that the resolution be indefinitely postponed. This motion carried in the affirmative-Ayes 77-- Noes 76. This is as it should be.
Tuesday, Dec. 30.-On motion of Mr. Fatte.
of B.
Resolved, That the Committee of Finance be instructed to enquire into the expediency of altering the mode of taxing houses of private entertainment, with leave to report, &c.
Wednesday, Dec. 31.--A resolution reported by the C. of Roads and I. Navigation was read in favor of granting the petition of the Dismal Swamp Company who pray the legislature would give them the power to make such alterations in their tariff as may be found consistent with equity; under the express restriction that their annual dividends shall at no time exceed 15 per cent.-Agreed to by the House
Thursday, Jan. 1.-The House received a Communication from the Senate, stating, that they had passed the following bills, viz. "an act, to amend the act, entitled an act, incorporating a company to establish a turnpike road from Shepherdstown to Winchester":-An act, incorporating the Lewisburg circulating Library Company in the county of Greenbrier.'-'An act concerning the town of Smithfield in the county of Jefferson, -and 'an act authorizing Bernard Pitzer, to erect a dam across Jackson's River.'
Mr. Gustin submitted the following Preamble and Resolution, which were rejected;
Whereas the prosperity of all free and independent people depends in a great measure on the choice of their representatives--and all elections ought to be free and impartial--And whenever it may appear, that any amendment or alteration in the existing laws are necessary to promote that great object, they ought to be made ;
Resolved, Therefore, that the committee of Privileges and Elections be instructed to examine the general law of elections, being "an act reducing into one act the several acts concerning the elections of Members of the General Assembly, and for other purposes, passed Jan. 27th, 1818." And enquire whether any, and if any, what amendments are necessary. And that they report by bill or otherwise.
The bill yesterday reported by the Committee of Roads and Internal Navigation for incorporating the Chesapeake and Ohio Canal company" was taken up; and on motion of Mr. Watkins of P. Edward ordered to be printed for the use of the members.
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Domestic News Details
Primary Location
Virginia
Event Date
Dec. 26 To Jan. 1
Key Persons
Outcome
various resolutions agreed to or referred; tennessee resolutions indefinitely postponed (ayes 77, noes 76); bills passed including tobacco inspection discontinuation and senate communications; some resolutions rejected.
Event Details
The Virginia House of Delegates considered petitions for land disposal, resolutions for selling forfeited lands and correcting errors, amendments to court acts, reports on Potomac navigation, road layout from Clarksburg to Point Pleasant, penitentiary reforms including solitary cells and tread mill, tobacco inspection bill passed, Tennessee resolutions postponed and indefinitely rejected after debate, taxation on entertainment houses, Dismal Swamp Company petition granted, Senate bills passed, election law amendment resolution rejected, Chesapeake and Ohio Canal bill ordered printed.