Martinsburg Gazette

Virginia Legislature.

HOUSE OF DELEGATES,

Saturday, December 23.

On motion of Mr. Dorman, the Committee of Courts of Justice were instructed to enquire into the expediency of explaining, or amending, the second section of the act of the General Assembly, entitled an act to reduce into one the several acts concerning public roads, and for establishing public landings—so as to require the Sheriff, in charging the Jury, in addition to requisitions of said section, to charge them to combine with the disadvantages which the freehold may sustain, a just regard to the advantages which the owner of the land will derive from the opening of the road through the same.

Mr. Marshall, from the Committee of Privileges and Elections, made a report on the memorial of Wm. G. Holloway and others, of the county of Alleghany, complaining of the ineligibility of Joseph Damron, a Delegate returned to represent the said county in the present House of Delegates.

The memorial charges that Mr. Damron, at the time of being elected, was surveyor of the county; Deputy Sheriff for said county; and commissioner in chancery to settle accounts and take Depositions: either of which offices in the opinion of the Memorialists, was sufficient to disqualify him. The Committee observe that the memorial was not presented to the House until the 12th December, whereas the General Election law requires such memorials contesting the seats of members, to be presented within ten days after the meeting of the Assembly. They however considered it their duty notwithstanding, to enquire into the principles involved in the Memorial, and they report the following opinions thereon, in the form of resolutions.

1. That the office of county Surveyor is a lucrative office in the meaning of the constitution, and that its resignation since his election, by Mr. Dameron, does not affect the question of eligibility.

2. That the office of Deputy Sheriff is also such lucrative office, the Deputy, so far as fees are concerned, occupying the place of the principal.

3. That a commission to take Depositions and settle accounts, is not such lucrative office, but an appointment under the controul of the Court.

4. That Mr. Dameron is not entitled to hold his seat.

On motion of Mr. Marshall, the report of the Committee was laid on the table until Thursday next.

Tuesday, Dec. 31.

Mr. Southall from the Committee of Courts of Justice, reported various bills.

Mr. Gallaher presented a document connected with the application for a new county, out of a part of Frederick.

On motion of Mr. Smith of Mason and Jackson, the bill incorporating the Point Pleasant and Charlestown Turnpike Company, was taken up and recommitted.

Mr. Parriott from the Committee of Manufactures, reported sundry bills.

Mr. Jannoy presented the memorial of the Little River Turnpike Company.

DEPOSITES,

Mr. Barbour from the Select Committee on the Deposites, reported sundry resolutions. Mr. B. stated that a report would have accompanied these resolutions, but for his indisposition. He asked that the resolutions be read—which being done,

Mr. Roane said he had had the fortune to be one of the Committee, and the misfortune to be in a minority upon it. He had differed in all things from the majority, but had thrown no impediment in their way. As one of the minority, he desired promptly to submit his views on this grave, novel, and important subject, and he had put them in the form of resolutions, which he hoped would be printed and issued to the world in company with the resolutions of the committee. Mr. R. wished his resolutions to be considered as a substitute.

Resolutions of the Select Committee on the Deposites.

The Select Committee to whom was referred so much of the Governor's Message as relates to an agreement entered into on the 22d of October last, between the Bank of Va. and its office of Discount at Norfolk, and the Secretary of the Treasury of the United States, have according to order had the same under consideration, and now report in part, thereon, the following resolutions:

1. Resolved, as the sense of this Committee, that the said agreement is injurious to the People of this Commonwealth; and ought to be rescinded; that its terms and conditions may be greatly prejudicial to the Bank of Va. by subjecting its dealings to an inspection more full and rigid than that which is reserved to this state by the charter of incorporation: that allurements to over-trade and make excessive issues of its paper upon expectations which may be fatally illusory, may bring upon the country heavy calamities, and upon the solvency of the Institution perils and jeopardy, that may only be averted by submitting to any impositions however severe, that the Secretary of the Treasury will dictate.

2. That the critical examination to which the Bank has agreed to submit its books, and transactions, not to the Secretary alone, but to any agent or agents, that he may appoint, (tending necessarily to a disclosure of the affairs of the people, and fiscal means of the Commonwealth) is degrading to the State and hurtful to its citizens and its several Banks: That the stipulation to give collateral security for its fidelity and ability to perform this new duty, at the will of the Secretary, gives a more absolute dominion to that federal officer, over the acts of the Bank, and by the power which he retains to discharge it at pleasure from the service of the Government, the stability of the Institution, the rights of the Stockholders, and the interests of the State, are subjected to the caprice of an individual holding office under another Government, and who is in no wise responsible to the power of this Commonwealth.

3. That while this Committee disclaims the expression or intimation of any opinion in reference to the constitutionality of the existing Bank of the U. States, it nevertheless conceives that the power of the Secretary of the Treasury to establish and supply a national currency through the agency of the state Banks, or otherwise, is not sanctioned by the federal constitution, and if such attempt be persevered in, much of harm may follow to the good people of this Commonwealth, as well as to its other banking establishments already in existence; by giving to the favored bank an undue ascendency, over the circulating medium of the country, visiting it with the evils of a vicious and spurious currency, in which the speculator, the broker, and the politician, may prosper, at the expense and hazard of the farmer, the laborer, the mechanic, and the merchant.

4. That the recent removal of the Federal Deposites from the Bank of the U. States and its branches, at the instance, and upon the responsibility of the President of the United States, ought to be, and is regarded, as an alarming usurpation of power, and a breach of the public faith, most seriously felt in the distress which its sudden and unexpected operation inflicts upon the community, and which, if submitted to, converts our free system, founded and secured to us by a government of law, into one guided, controlled, and acting by WILL.

5. And regarding the assent of Virginia to the said agreement as giving countenance to this act of unwarrantable power in the Federal Executive, the Commonwealth owes it to itself and to the Constitution, to employ promptly all proper means to revoke and annul the same, to the end that this portion of the public treasure may hereafter be lodged in the places where by law it ought to be deposited, and that it may be again subject to the constitutional control of Congress.

6. Resolved, that the Treasurer of this Commonwealth be instructed to use all the influence of his situation, to procure a recision of the contract between the Bank of Virginia and its office at Norfolk, and the Secretary of the Treasury of the U. States.

The bill making further provision for taking depositions in certain cases, gave rise to an animated discussion, in which it was supported by Messrs. Wilson of Botetourt and Gregory. The bill was passed, 55 to 50.

The bill to incorporate the Augusta Springs Company likewise produced a warm discussion. Mr. Sims opposing and Mr. Michie supporting it. The bill was passed, ayes 47, noes 46.

Mr. Rutherford presented the petition of P. J. Chevaille and others, praying to be incorporated as the Richmond Flour Manufacturing Company.

Wednesday, Jan'y. 1.

Reports were made from the Committee of Courts of Justice, by Mr. Southall—and from that of Roads by Mr. McDowell.

On motion of Mr. Faulkner, the Committee of Roads were instructed to enquire into the expediency of incorporating a Joint Stock Company, with a capital not exceeding $25,000, to construct a Turnpike Road from Martinsburg to Shepherdstown in the county of Jefferson, or to some other point on the Potomac river.

Resolved, That should the Company so incorporated, select to construct a road between Martinsburg and Shepherdstown, that the said Committee be further instructed to enquire into the expediency of inserting a provision in the Charter, allowing a stone bridge recently constructed at the expense of the county of Berkeley over the Opequon, to be taken and received as part of the 3/4ths of individual subscription, pre-requisite to a subscription of 1/4ths by the State, and that Commissioners be appointed to ascertain on oath, its value to the Company.