The Virginian

December 5 - The Speaker laid before the House a letter from the Governor, transmitting a Report from the Rector and Visitors of the University, which, being read, on Mr. Mason's motion, was ordered to be laid upon the table. The Speaker also laid before the House a letter from the Governor communicating the death of General Call, which being read, on Mr. Mason's motion, was ordered to be laid upon the table. The Speaker then proceeded to appoint the following committees:
Committee to examine the Treasurer's accounts jointly with a Committee from the House of Delegates-Messrs. Dade, Chapman, Mason, Wethered and Walton.
Committee to examine the Penitentiary Institution, jointly with a Committee from the House of Delegates-Messrs. Morgan, Sharp, Carter, Fleming, Martin, Smith and Osborne.
Committee to examine the Armory-Messrs. Dade, Thomas and Dringoole.
Committee of Claims-Messrs. Fry, Clopton, Mann, Jones, Peyton, Bernard and Riley.
Committee of Internal Improvement- Messrs. Cabell, Clopton, Wyatt, Julia, Saunders, Dringoole, Taylor and Smith.
Committee of General Laws- Messrs. Taylor, Fry, Clopton, Morgan and Mason.
HOUSE OF DELEGATES
Saturday, Dec. 8-A communication was received from the Senate that they had agreed to the resolutions for selecting a Governor on Wednesday, & a Brigadier General to the 5th Brigade on Friday next.
Mr. Nash moved to go into the election of Governor.
Mr. Patterson rose, suggested that some difficulty existed as to the propriety of entering into the election at this time since the constitution only provided for an annual election of Governor, and it had not been twelve months since the present Governor was elected. He also expressed a wish to have more time to inquire into the course of the Governor, before the vote.
Mr. Nash said he would precipitate no member into the election; and, from his knowledge of the Governor, he was confident that he least feared the strictest scrutiny into his conduct so Mr. Nash therefore concurred in the motion of Mr. P. to postpone the election until the 7th January. This motion gave rise to a protracted conversation, in which Messrs. Colston, Eppes, Preston, Bay, Hubbard, Rives, Campbell, Johnson, Sharp, Gholson and Harvie, took part. The constitutionality of going into the election was insisted upon, the Governor having been elected for the unexpired year of Gov. Tyler, which would end on the 11th December. The motion to postpone was lost by a large majority.
Mr. Patterson then moved to postpone it until that day week. This motion also failed. And the House having resolved to proceed to the election, Mr. Nash supported by Mr. Jarvis nominated Gov. Giles. The foregoing gentleman having replied to the avowal of any objections that might be entertained to Mr. Giles, Mr. Preston rose and made a few remarks to show that from Mr. Giles' opinions on the subjects of internal improvements by the State and our system of primary education, had undergone a change since his election.
He was replied to by Mr. Nash, who said he was not aware of any material change of opinion and particularly in relation to the first subject. When he nominated Mr. Giles at the last session, he represented him as opposed to wild schemes that had been projected, but not to judicious practicable and useful improvements. And, as to the Primary school System the Message did not necessarily imply an approbation of its details as they now stand. On that subject, he said the attention of some of our ablest men had been bestowed and after report and project were submitted at the last session by General Taylor, to which, Mr. Nash said he should feel it his duty again to call the attention of the House, if no other member did so. But, he contended, that if an old man like Gov. Giles, who has been so long confined at home by disease, should change his opinions after looking into details and facts that had not before been within his reach, it was creditable to him rather than otherwise.
Upon counting the ballots they stood for Giles 143-Scattering 57. Gov. Giles was thereupon declared duly elected.
On Mr. Chalmers' motion, the Committee for Schools and Colleges were instructed to inquire into the expediency of repealing the provision of the law allowing the Lieutenant Governor and senior member of the council one hundred pounds each for their services as directors of the Literary Fund.
On motion of Mr. Tapp, the Committee of Courts of Justice were instructed to inquire into the expediency of amending the act concerning county courts and the election of magistrates. He said his object was so to amend the law, that on appeals from the decisions of a single magistrate, the party substantially prevailing shall be entitled to his costs.
Mr. McWhorter obtained leave to bring in a bill to amend the act on the subject of suing out and prosecuting writs of scire facias to repeal letters patent.
A resolution from the Committee of Courts of Justice, declaring reasonable the petition of L. Jones, administrator of John Hamlin, deceased was read and concurred in.
On Mr. Epps' motion, so much of the Auditor's Report, as relates to the militia, was referred to the Militia Committee.
Mr. Booker offered a resolution to instruct the Committee for Courts of Justice to inquire into the expediency of requiring the jailors to address a letter to the master of each runaway as soon as committed, and to reduce the period that runaways shall remain in jail before sold. Agreed to.
Mr. Rives of Prince George, from the Committee of Privileges and Elections, presented a report upon the petition of Wm. Ford, complaining of the undue election of Richard C. L. Moncure of Stafford, which was read and ordered to be laid on the table. (The report states the notice given was illegal.)
Mr. Gordon, from the Committee for courts of Justice, reported in favor of granting the petition of Lewellyn Jones, adm't of John Haunb.- Ur. praying for permission to sell certain slaves belonging to the estate and investing the proceeds as to the Legislature may seem best. This report was agreed to by the House.
Mr. Hill from the Committee of Propositions and Grievances, reported two resolutions, 1st, according to the petition of sundry residents and owners of property in Mount Sydney, in Augusta county, who pray that it may be established as a town: and 2nd, declaring reasonable the petition of sundry inhabitants of Shenandoah county, who pray for the establishment of a separate election district in a part of the said county. Both resolutions were concurred in by the House.
Mr. Mallory offered a resolution, which was agreed to, instructing the Committee of Schools and Colleges to inquire and report the best mode of ensuring the due application of the annual quota of the Literary Fund to the Primary Schools.
Mr. Kelley of Fauquier, obtained leave to bring in a bill to appoint additional commissioners for viewing and marking out a road from Thornton's Gap to Fauquier Courthouse.
Petition presented—by Mr. Massie, from sundry inhabitants of Nelson praying that the overseers of the poor of that county, be authorized to sell the land and poor-houses thereof, and purchase other lands and erect other buildings.
Petitions were presented—by Mr. Massie, from sundry inhabitants of Amherst, Nelson and Albemarle, for a law authorizing the Courts of these counties to appoint commissioners, to lay out a road from Lynchburg to Charlottesville—and by Mr. McElhenny, from sundry inhabitants of Hanover that so much of the act of 1820 as imposes tolls for the navigation of the Great Kanawha, may be repealed, or the tolls moderated. Ac.-Referred to the Court R. and I Navigation.
Mr. Rutherford presented petitions of sundry citizens of Richmond, praying that the members of the Fire Companies may be exempted from militia duty—and also a petition of the Fire Companies themselves, to the same effect—Referred to the Militia Committee.
Mr. George H. presented a petition of the Board of School Commissioners of Scott county, praying that a sum of money be placed in their hands for the benefit of the Sunday schools in that county—Referred to the Comt of schools and Colleges.
Adjourned until Monday one o'clock.
Monday, Dec. 10. A communication was received from the Senate that they had agreed to the resolution on the subject of a survey of the route for a canal road from James river to the Chesterfield coal pits, with an amendment which was agreed to.
On Mr. Chalmers' motion the second auditor was requested to furnish the Comt of Schools, and Colleges with journal of the proceedings of the Directors of the Literary Fund.
On Mr. Newton's motion the C. of R. and I N were instructed to inquire into the expediency of providing some further means to complete the road from Staunton to Point Pleasant.
Mr. Pitts offered resolutions instructing the militia committee to inquire into the expediency of abolishing the appointment of Brigade Inspector & to require the Colonel of each county to train the officers for a fixed compensation per day, and to perform all the duties of the Inspector and of requiring the adjutant to attend such training and be paid, and of attaching pay to the appointment of sergeant Major—agreed to.
Mr. Rogers offered a resolution to inquire into the expediency of changing the time of paying in the public revenue—negatived.
On Mr. Carter's motion, a resolution was adopted making it the duty of the Speaker at the commencement of each session to appoint a committee to act jointly with one from the Senate to inquire into the condition of the Banks.
Mr. Colston presented a bill concerning a convention full privileges for taking the sense of the free holders or present voters on the question of a convention. It was read and made the order of the day in committee of the whole on Wednesday—and 500 copies ordered to be printed.
On Mr. Nash's motion, a committee was appointed to wait on Gov. Giles and inform him of his election, consisting of Messrs. Nash, Irvine, Booker, Caperton, Tazewell, P. Barton and J. B. Christian.
Mr. Thompson of N made an unsuccessful motion that the House adjourn until 12 o'clock instead of one. This motion was opposed on the ground that the committees had not time to mature the business for the House to act upon.
Mr. Fitzhugh offered a resolution to instruct the Comt of Courts to inquire into the expediency of amending the act of limitations of actions, &c so as to extend the rule in relation to the pleas of non est factum, or non assumpsit and nil debet—agreed to.
On Mr. McWhorter's motion, so much of the Auditor's report as suggests an amendment to the act concerning idiots and lunatics, was referred to the Committee of Claims.
The report to the Committee of P and Elections presented on Saturday by Mr. Rives of P. George was taken up and read on his motion— It refers to the in memoriam of Wm. Ford contesting the election of R. C. L. Moncure, on the ground that the notice of objections to certain voters was not as explicit as the law requires, being in general terms that the voters objected to, were not qualified according to law.
The House confirmed the report of the committee 3 to 2 by which Moncure retains his seat.
Several petitions were presented.
Tuesday, Dec. 11 - Mr. Fanar moved that the Committee Schools and Colleges be instructed to inquire into expediency of granting aid to the Academy of Hampden Sydney College.
Mr. Rives of Campbell, moved so to amend the resolution as to make the inquiry extend to all the colleges and academies in the state; but at the suggestion Mr. Mason modified his motion as to embrace New London Academy. Mr. Tapp wished Staunton Academy to be added. Mr. Wilson insisted on the amendment of Mr. Rives, which was opposed by Mr. Farrar, and adopted by the House—and in that form the resolution passed.
On motion of Mr. Jones of Chesterfield, the Committee of Courts of Justice, were instructed to inquire into the expediency of amending the law concerning executions.&
Mr. Epps moved the Militia Committee report reasonable the petitions of Citizens of Richmond and Norfolk for exemption from Militia duty—agreed.
Sundry bills were printed and acted on in their second reading.
Wednesday Dec. 12 -A communication was received from the Senate that they had agreed to the resolution re-appointment of a committee to wait on the governor his re-election, and had accordingly appointed a committee. Also had agreed to the resolution to appoint a committee to examine the Banks and had appointed their committee. Whereupon, the Speaker, appointed, on the part of the House of Delegates, the following committee: Mr. T. Claiborne of Cumberland, Chalmers, May, Wickham, Newton, Otey, Hamilton, Rutherford, Barton, Rives, of Campbell and Thompson of Norfolk.
The order of the day the subject of a Convention, being read, Mr. Colston moved that it be discharged. Mr. Page moved that the consideration of the subject be postponed until the 5th January on the ground that all the members might have an opportunity of being present. This motion was supported by Messrs. Newton and Gholson, opposed by Mr. Colston. It was negatived.
The House then resolved itself into a committee of the whole on the bill. Mr. Gholson in the Chair.
Mr. Hubbard moved to strike out the provision of the bill restricting the right of voting on question of convention to the free holders & substituting a provision permitting all white citizens twenty-one years of age, to vote. This motion gave rise to some debate, in which it was answered by the mover, West, in and Cole, and opposed by Messrs. Page and Wicher—and negatived by the committee.
An unsuccessful motion on the part of Mr. Wickham, that the committee rise.
Mr. Newton then offered an amendment requiring the sheriff and commissioner of the revenue of each county to make out, and after the polls are taken, transmit to the executive a list of all those freeholders who appeared and did not vote at the polls. This amendment was discussed at some length by Messrs. Newton and Colston. It was lost, 18 to 71 votes.
The Committee then rose, and Mr. Gholson reported the bill, with a verbal amendment to the House which was agreed to, and the bill had leave to lie on the table. Mr. Colston gave notice he should call it up on this day.