The Enquirer

Virginia Legislature.

HOUSE OF DELEGATES.

Friday, January 3.

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 several petitions to them referred, and have come to the following resolutions thereupon:

1. Resolved, as the opinion of this committee, that the memorial of John Mayo, setting forth, that he has been recommended by the County Court of Henrico, as a person proper to be commissioned as sheriff for the said county, that George Wm. Smith, Esq. who lately discharged the functions of Governor or Chief Magistrate of this Commonwealth; refused to issue to him a commission as sheriff of said county, in opposition to the advice of the Council, because the memorialist had discharged the duties of a member of the Council since the date of the commission, under which he acted as a magistrate of the said county, and praying for such legislative expositions and remedy, as will restore to him his right, and prevent a recurrence of similar difficulties, is reasonable.

2. Resolved, as the opinion of this committee, that the petition of a number of persons, owners and occupiers of mills, & dealers in flour, praying that an act may pass for more completely regulating the inspection of flour, and bread, and the appointment of inspectors for that purpose, is reasonable.

3. Resolved, as the opinion of this committee, that the petition of a number of the inhabitants of Portsmouth parish, in the county of Norfolk, praying that an act may pass incorporating an Academy in the said Parish, is reasonable.

4. Resolved, as the opinion of this committee, that the petition of sundry inhabitants of the city of Richmond, and county of Henrico, praying that an act may pass authorising the constables of the said city and county, to execute all writs of capias ad satisfaciendum, to be issued on judgments rendered by any alderman of the said city, or justice of the peace of the said county, is reasonable.

5. Resolved, as the opinion of this committee, that the petition of Armistead Long, of Culpeper county, praying to be permitted, for reasons therein stated, to bring and hold within this commonwealth certain slaves, is reasonable.

6. Resolved, as the opinion of this committee, that the petition of Charles Austin, praying to be permitted to bring and hold within this commonwealth, a slave named Caesar, on condition that he shall export in lieu thereof a female slave, is reasonable.

7. Resolved, as the opinion of this committee, That the petition of Robert Casebolt, praying that an act may pass, authorising him to convey a fee simple estate in a certain tract of land, lying in Greenbrier county, which he holds in right of his deceased wife, and which he has bound himself by contract to convey to a certain Daniel Madeira, be rejected.

8. Resolved, as the opinion of this committee, That the petition of Sam, a mulatto man, praying that when he shall have been regularly emancipated, he may be permitted to remain in this commonwealth, he being entitled to his freedom by contract made at least ten years past, is reasonable.

The 1st, 2d, 3d, 4th, 6th and 7th resolutions, being twice read, were, on questions severally put thereupon, agreed to by the House. The 5th and 8th resolutions were ordered to be laid upon the table.

A further report from the same committee was taken up and read, as follows:

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

1. Resolved, as the opinion of this committee, That the petition of John Snyder, executor of John Snyder, deceased, stating that from an accidental cause, a balance of certain lands belonging to the estate of his testator, was not entered within the time prescribed by law, on the books of the commissioners of the Counties of Harrison, Randolph and Augusta, and praying that further time be allowed him to make the said entries, is reasonable.

2. Resolved, as the opinion of this committee, That the petition of Richard Ratcliffe, owner of the lots in the town of Providence, in Fairfax county, praying that an act may pass, limiting the number of trustees of said town, to seven, and that the purchasers of lots at any sale already made, or hereafter to be made by the trustees, be allowed the term of fourteen years to build on and improve the same, is reasonable.

3. Resolved, as the opinion of this committee, That so much of the petition of Andrew Boyd, as prays, that the titles to those lots in the town of Pattonsburg, in the county of Botetourt, which have not been sold by the trustees of the said town, may be vested in him, he having become entitled to the same by purchase, is reasonable.

4. Resolved, as the opinion of this committee, That such other parts of the said petition, as pray, that those lots in said town, which have been forfeited by the purchasers, in consequence of their not complying with the conditions of their purchases, may also be vested in the said Andrew Boyd, and that he may only be compelled to make titles to such purchasers, as have fulfilled the conditions of their several purchases, be rejected.

5. Resolved, as the opinion of this committee, That the petition of Tobias (a man of color) stating that in consideration of his fidelity and faithful services, he has been emancipated by his master, that he has obtained a promise from the owner of his wife, that on his complying with a certain condition, she shall also be emancipated, which condition he is now striving to effectuate, & praying that he, together with his wife (when she shall be regularly emancipated) may be permitted to remain in this commonwealth, is reasonable.

6. Resolved, as the Opinion of this committee, That the memorial and petition of Charles F. Mercer, Esq. Chairman of the Committee of the Representatives of the Members of the Mutual Assurance Society against fire on buildings of the state of Virginia, by order of a late general meeting of the said Society, representing numerous defects in the laws relative to said institution, and soliciting a general revisal and amendment of the said laws, in such instances as to the Legislature may appear beneficial and necessary, is reasonable.

On motion, Ordered, That the 1st resolution be laid upon the table. The 2d, 3d, 4th, and 6th resolutions, being twice read, were on questions severally put thereupon, agreed to by the House. The 5th resolution being twice read, a motion was made to amend the same by striking out so much thereof as relates to the wife of the petitioner; and on the question put thereupon, it passed in the affirmative. The said 5th resolution, as amended, was agreed to by the House.

A further report from the same committee was taken up, and read, as follows:

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

1. Resolved, as the opinion of this committee, That the petition of Francis, John, William and Charles Whitely, and Ann Skillman, (formerly Ann Whitely) brothers and sister, by half blood, of Alexander Whitely, deceased, stating, that in consequence of the illegitimacy of their said brother, all the estate of which he died seized, is liable to be escheated, and praying that the same may be equally divided between them, in the same manner that it would have been, had their said brother been legitimately born, is reasonable.

2. Resolved, as the opinion of this committee, That the petition of Charles Woodson, late escheator for the county of Prince Edward, praying that he may be legally authorised to perform certain duties in relation to the said office, which were left incomplete at the time he resigned the same, is reasonable.

3. Resolved, as the opinion of this committee, That the petition of Joseph Dilworth, setting forth that he hath a joint estate with several persons in a tract of land lying in Kanawha county, which is liable to forfeiture for the non-payment of the taxes due thereon, that he hath paid the taxes on his estimated portion thereof, and praying that an act may pass securing to him his said portion, is reasonable.

4. Resolved, as the opinion of this committee, That the petition of the Executors of Bryant McDonald, deceased, and guardians of the minor legatees of the estate of the said deceased, praying that they may be authorised to convey, in behalf of said minor legatees, a fee simple estate in a tract of land lying in the state of Kentucky, be rejected.

5. Resolved, as the opinion of this committee, That the petition of James Price, praying, for reasons therein stated, that he may be permitted to bring certain slaves from the state of Maryland, and to hold them in this Commonwealth, be rejected.

6. Resolved, as the opinion of this committee, That the petition of Joshua W. Kilpatrick, of the state of North Carolina, stating his intention to become a resident of this state, and praying to be permitted to bring with him four slaves, and to hold them in this commonwealth, is reasonable.

7. Resolved, as the opinion of this committee, That the petition of John S. Harrison, a resident of this state, stating that he owns three slaves in the state of Maryland, which from the particular manner he acquired them, he is debarred from hiring or selling, and praying that he may be permitted to bring and hold them in this Commonwealth, be rejected.

8. Resolved, as the opinion of this committee, That the petition of Elizabeth Gardner, of King & Queen county, stating that many years ago she removed from the said county to the state of North Carolina, certain slaves, for a temporary purpose, and praying that she may be authorised to bring the said slaves, with their increase into this commonwealth, and to hold them herein, is reasonable.

9. Resolved, as the opinion of this committee, That the petition of Catharine Carlyle, (a woman of color) stating, that she has been emancipated by deed from her late master, and praying to be permitted to enjoy her freedom in this commonwealth, be rejected.

10. Resolved, as the opinion of this committee, That the petition of James C. Bailey, Clerk of the County Court of Sussex, praying the remission of a fine imposed on him by judgment of the General Court, for not returning to the clerk of the said General Court within the time prescribed by law, a docket of writings admitted to record, and a list of certificates for probate and administrations granted, in the said county Court, as required by an act passed the 12th day of February last, the said docket and list having since been delivered, is reasonable.

The 1st, 2d, 3d, 4th, 5th, 9th and 10th resolutions, being twice read, were, on questions severally put thereupon, agreed to by the House. The 6th, 7th & 8th resolutions were ordered to be laid upon the table.

A report from the Committee of Propositions and Grievances was taken up and read, as follows--The Committee of Propositions and Grievances have, according to order, had under their consideration the memorial and petition of sundry inhabitants of the counties of Fauquier and Loudoun to them referred, and have come to the following resolution thereupon--

Resolved, as the opinion of this committee, That the memorial and petition of sundry inhabitants of the counties of Fauquier and Loudoun, praying that an act may pass incorporating a company to establish a turnpike road from the top of the mountain in Manassas Gap, to the Ashby's Gap Turnpike Road, so as to intersect the same, at or above the Town of Middleburg, in the county of Loudoun, is reasonable.

The said resolution being twice read, was on the question put thereupon, agreed to by the House.

A report from the Committee of Claims was taken up and read, as follows--The Committee of Claims have, according to order, had under their consideration several petitions to them referred, and come to the following resolutions thereupon

1. Resolved, as the opinion of this committee, That the petition of John D. Littlepage, stating that he was a lieutenant in the militia, in the county of Greenbrier, and was a member of the court martial that sat on the trial of captain Caperton, who was found guilty of many of the charges alleged against him, and sentenced to be cashiered; that the said Caperton afterwards brought a suit against the members of the court martial for illegal proceedings, and recovered one cent damages and costs, that he has since paid 105 dollars in consequence thereof, and praying the said sum be refunded to him, is reasonable.

2. Resolved also, as the opinion of this committee, That the petition of Jonathan Purdy, captain in the fourth regiment, in the county of Ohio, stating that through mistake the whole strength of his company were returned as delinquents; that the sheriff has collected the greater part of the fines, that the petitioner has been sued in consequence thereof, & praying that a law may pass directing the sheriff or sheriffs of Ohio county, who have collected the fines aforesaid, to refund the same to the different individuals, of whom they were collected, is reasonable.

3. Resolved also, as the opinion of this committee, That the petition of Joseph Clark and William Stevens, inspectors of tobacco at Horseley's warehouse, praying that their salaries may be increased, or that they may be authorised to retain of the first surplus monies which may come into their hands from the inspection of tobacco at the said ware-house, a sufficient sum to make up their salaries for the years 1808 and 1809, be rejected.

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

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 the petition of Ann F. Knight, to them referred, have agreed on a report, and come to a resolution thereupon, as follows--

It appears to your committee, from the statement of the petitioner, that she has been united in bonds of matrimony, with a certain Walton Knight, whom she treated with the utmost affection --regardless of which, he has behaved to her in the most harsh and unfeeling manner, and has gone so far as to inflict blows and stripes on her. That the said Walton Knight has entirely abandoned his said wife, and is now actually living in a state of concubinage with a woman of bad fame.

Resolved nevertheless, That the said petition, praying that the said Ann may be divorced from her said husband, be rejected.--The said resolution was on motion, ordered to be laid on the table.

On motion, Resolved, That 250 copies of the Census of Virginia, for the years 1800 and 1811 be printed for the use of the General Assembly, in the form it is printed by order of the government of the United States; and adding thereto, in separate columns the whole number of free persons; and three-fifths of the slaves, opposite to each county, city, or borough.

Mr. Tompson, from the committee to which was referred the communication from the late Governor, inclosing letter from the honorable Paul Carrington, jr. one of the Judges of the General Court, presented a bill, "Pointing out the conduct to be observed by Jailors."

A report from the select committee, to which sundry bills and petitions for the establishment of Banks were referred, was taken up and read, as follows--

The select committee to which were committed the bills for establishing banks at the towns of Winchester, Lynchburg and Norfolk, and to which were referred the petitions from the inhabitants of the several towns of Richmond and Portsmouth, and the vicinities thereof, for banks to be established therein, have, according to order, had the same under consideration, and have come to the following resolutions thereupon, viz--

1. Resolved, That it is expedient to increase the banking capital of this commonwealth to the amount of $4,000,000 dollars.

2. Resolved, That in augmenting the banking capital of this commonwealth, it will be proper to establish an independent bank at each of the towns of Lynchburg, Norfolk, Winchester and Richmond.

3. Resolved, That the commonwealth shall retain in each of those banks, an interest to the amount of $400,000 dollars of the capital stock thereof.

4. Resolved, That in exercising the power to which as a stockholder, the commonwealth will be entitled, respecting the direction of each of the said banks, there shall be annually elected, by joint ballot of both houses of the General Assembly, so many directors of each, as shall bear the same proportion to the whole number of directors each, as the interest of the state in the stock of each bank shall bear to the whole amount of the stock thereof; provided, that in no case shall the commonwealth be entitled to elect fewer than three directors of such banks, respectively.

5. Resolved, as the opinion of this committee, that the petition of the inhabitants of the town of Portsmouth, praying that a bank may be established in the said town, be rejected.

On motion of Mr. Mercer--Ordered, that the said resolutions be referred to the committee of the whole house on the state of the commonwealth.

Ordered, That leave be granted to bring in a bill "To extend the jurisdiction of the Superior Courts of Common Law, and providing for the appointment of Attornies for the said Courts;" and that Messrs. Jackson, Mercer, Otey, Stanard, (of Spottsylvania,) Leigh, (of Dinwiddie,) Daniel, Noland, Yancey, Campbell, Ball, Robertson, Preston, Taylor, Edmunds and Magill, do prepare and bring in the same.

Ordered, That leave be granted to bring in a bill "To amend the act entitled an act to amend the several acts prescribing the mode of ascertaining the taxable property within the commonwealth, and for collecting the public revenue, and for other purposes;" and that Messrs. Winston, Tyler, Egmon, Pegram, Lewis, (of Gloucester,) Ritchie, Tucker, Claiborne, Anderson, (of Hanover,) Maclin, Hariston, Ragland, Hankins, Hooe and Aylett, do prepare and bring in the same.