The Enquirer

EXTRACTS FROM THE JOURNAL OF THE HOUSE OF DELEGATES.

Tuesday, Dec. 27.

The House, according to the order of the day, resolved itself into a committee of the whole House on the state of the commonwealth, and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Preston reported that the committee of the whole House on the state of the commonwealth had, according to order, had under consideration a bill "To amend an act, entitled an act Concerning appointments to civil offices," had gone through the same and made several amendments thereto, which he handed in at the Clerk's table.

On motion, Ordered, That the said bill with the amendments be laid upon the table.

Engrossed bills for "Legalising the appointment of overseers of the poor in Hampshire and Warwick counties." "Establishing an inspection of flour in the county of Amherst," "To amend the penal laws of this commonwealth," --"Exonerating William Armistead sheriff of Elizabeth City county, from the damages of a judgement therein mentioned," "Dissolving a marriage solemnized between West Alricks and Anne Peyton," "Allowing a further time to the owners of lots in the town of Martinsville to improve the same"-were severally read a third time, and passed.

Ordered, That the clerk carry the said bills to the Senate and desire their concurrence.

On motion, Ordered, That the committee to whom is referred the subject of the Manufactory of Arms, have leave to sit during the sitting of the House.

Ordered, That leave be given to bring in a bill "Authorising the remission of damages in certain Cases;" and that Messrs. Sheffey, W. Brockenbrough, Cabell, Semple, E. Watts, Johnson (of Powhatan) J. Allen and Wirt do prepare and bring in the same.

On motion, Resolved, That this House will on Friday next, proceed by joint ballot with the Senate to the choice of an Auditor of Public Accounts for one year.

On motion, Ordered, That the committee of Privileges and Elections be discharged from further consideration of the petition of William Craig, complaining of the undue election of John M'Kinny, one of the Delegates returned to serve in this present General Assembly from the county of Lee.

Mr. Sheffey, from the committee to which was referred so much of the Governor's communication as relates to the upper navigation of James river, made a report, which was received, and on motion, ordered to be laid upon the table.

Wednesday, Dec. 28.

Engrossed bills for "Exonerating John Swearingen, sheriff of Brooke county, from the damages of a judgment therein mentioned:"-"Releasing the damages due on a judgment obtained on behalf of the commonwealth, against Benjamin Winslow and Winslow Parker:"-"Establishing an inspection of tobacco in the town of Petersburg;" were severally read a third time and passed.

Ordered, That the Clerk carry the said bills to the Senate and desire their concurrence.

A motion was made that the House should come to the following resolution:

Resolved, that the Senators of this state in the Congress of the United States be instructed, and the representatives from this state be requested, to obtain the passage of a law, extending relief (during the present embarrassment of our commercial affairs) to those against whom judgments have been or shall be obtained in the federal court.

On motion, Ordered, that the said resolution be laid upon the table.

THURSDAY, December 29.

Engrossed bills for "Remitting certain damages and interest to Samuel Ritchie;" --"Increasing the reward for killing wolves, in certain counties therein mentioned:" "Fixing the permanent seat of justice for the county of Nelson,"-'To incorporate the Halifax Manufacturing Society"-were severally read a third time and passed.

Ordered, That the Clerk carry the said bills to the Senate and desire their concurrence.

A bill "Exonerating James Williams, from the amount of a judgment therein mentioned," was read a second time, and the question being put on engrossing the said bill and reading it a third time, it passed in the negative.--Resolved that the said bill be rejected.

Mr. J. Allen from the committee of Claims, made the following report:

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 Thomas Harris, praying for an increase of his pension, and also to be allowed a bounty in land, for his services during the American revolutionary war, be rejected.

It appears to your Committee, that David Moffet, in the month of December, 1806, was ordered to convey two criminals from the County of Loudoun, to the court-house of Wood county: that the horse impressed for the purpose was unable to perform the journey, and was left; that the time lost and money expended in bringing back the said horse, amounted to sixteen dollars, which amount was allowed by the county court of Loudoun;

2. Resolved, therefore, as the opinion of this committee, that the petition of David Moffet, praying that he may be allowed the aforesaid sum of sixteen dollars, is reasonable.

The 1st resolution being read a second time, was agreed to by the House.

The second resolution being read a second time, was on motion, ordered to be laid upon the table.

The following report, (which lay on the table) was taken up and read;

The committee to whom was referred so much of the Governor's communication and the documents accompanying the same, as relates to the upper navigation of James river, have, according to order, had under consideration the subject to them referred, and have agreed to the following report and resolutions:

It appears to your committee, that by virtue of the act of the General Assembly, passed in the year 1784, entitled, An act for clearing and improving James river, the James river company in consideration of connecting the upper navigation of James river with tide water, and improving, extending and keeping the same in repair, were granted certain tolls upon vessels and commodities passing the river, and that the said tolls were granted on the express condition, among others, of making the river well capable of being navigated in dry seasons by vessels drawing one foot water at least from the highest place practicable to the great falls -that the said company without having made the river so navigable have received the tolls established by the said act since the first day of October in the year 1795.

It also appears to your committee, that by an act passed in the year 1785, entitled, 'an act to amend an act, entitled, an act for clearing and improving the navigation of James river,' it was declared that Crow's ferry at the mouth of Looney's creek, in the county of Botetourt, should be forever taken and deemed the highest place practicable within the meaning of the first recited act.

It also appears to your committee, that by an act of the General Assembly passed 30th January, 1805, entitled, an act concerning the James river company, it was enacted, that from and after the first day of January, 1807, the said James river company should not demand nor receive any of the tolls allowed by the above recited act, unless they should make the river well capable of being navigated as abovementioned. And in order to ascertain the fact, whether the river should be made so navigable, it was further enacted, that Charles Yancey, Hudson M. Garland, Charles Beale, Joseph Grigsby and Jabez Leftwich, or a majority of them, should without delay, when required by the said company, during the next dry season view the said river between the points above mentioned, and whenever the said commissioners, or a majority of them, should report that the navigation above the great falls was improved in the manner directed by the first recited act, that from thenceforth the said company should be entitled to the full tolls.

It further appears to your committee, that no view was had of the river previous to the said first day of January, 1807, but by an act passed on the 31st of December, 1806, a further time of one year was given the said commissioners to perform the said duty and the said company to complete the navigation, which time was by another act passed on the 7th January, 1808, prolonged for one year from the passage thereof; by the latter act, Daniel Couch and Charles Davis were added to the former commissioners and a majority of the whole number authorised to carry the purposes of the act passed on the 30th January, 1805, into effect.

It further appears to your committee, that on the 17th of October last, five of the said commissioners, viz. Charles Beale, Joseph Grigsby, Jabez Leftwich, Daniel Couch and Charles Davis met, and the river being in a proper situation, did proceed in a boat drawing one foot water, and did actually view the river from Crow's ferry to the basin in the city of Richmond.

It also appears to your committee, from the report of the said commissioners, that the river was not at the time well capable of being navigated by vessels drawing one foot water, but that in Hamilton's falls, Shepard's island, Mitchell's island, at Varner's falls, at Campbell's shoals, and immediately below, at the Quarry falls, Tobacco hills, Grassy islands, Cashaw falls, Nicholas Davis's fish dam and Hardwick's island, above Lynchburg, there was not a sufficient depth of water, as the boat hung in some places and rubbed in others, and below Lynchburg the boat hung once and rubbed several times.

It also appears to your committee, from the affidavits of Joseph Paxton, John Booker and Bird Goodwin, that they attended the said commissioners, that they have been long acquainted with James river, that at the time they attended the commissioners the river was unusually low: that they have never known it but once or twice lower than it then was, and had it been six or eight inches higher they would still have considered it as low in a dry season.

It also appears to your committee, from the affidavits of William Harrison, John Creesy, Allen Lavender, Samuel Thurman, William Cox and Samuel Burks, that they have been long acquainted with the navigation of James river, that in October last the river was unusually low, that they were severally engaged from the middle to the last of said month in voyages from Lynchburg and points above and below down the river to Richmond, that their boats brought from five thousand to nine thousand pounds weight each and although the river was low and in a dry season, yet that it admitted of safe and easy navigation and that great improvements have been lately made in the river.

It further appears to your committee, from the affidavit of Thomas Dodd, that in the month of October last he came down the river from Beale's bridge and Smith's shoals with a load of hemp and butter, weighing about 4500 lbs. that he had generally five men on board above and through the Blue Ridge to navigate the boat and four afterwards; that his boat hung and rubbed several times, that the river was in a very low state and had it been three or four inches higher he should still have considered it low; that in his opinion there is a foot water from Crow's ferry to Richmond and including the obstructions stated by him, thinks the navigation safe and easy.

It also appears to your committee from the affidavit of the said John Creesy, that during the last summer he brought down from Jackson's river upwards of three tons of hemp, that he then considered the river low and in a dry season tho' higher than in the month of October, that the navigation from Beale's bridge down was very good, that he accompanied the commissioners from Lynchburg and that the whole weight contained in the trial boat including all the persons was 5292 lbs.

It also appears to your committee from the affidavits of several of the persons abovementioned who state themselves as experienced watermen, that it is not unusual for boats to hang or rub, but that it is never regarded as a matter of any consequence.

Your committee beg leave further to report that colonel Edward Carrington and Doctor William Foushee appeared before them and as the agents of the James river company submitted the following proposition.—That in order to avoid a painful and unnecessary contest on the fact of their having complied or not complied with the terms of their charter in relation to the navigation of James river, and in order to promote the interest of the commonwealth and of the public who may have occasion to use the river, the company would turnish under the direction of such officer as may be appointed, by the executive, by the commissioners or by the legislature, such reasonable force as the legislature, executive or the officer to be appointed might direct, to work upon the river in the year ensuing or the summer succeeding it, to be applied to such points in the river as have been objected to by the commissioners. This proposition was made on condition that the act passed the 30th of January 1805, herein before recited, should be repealed:

Resolved, as the opinion of this committee, that the James River Company have not made the river well capable of being navigated in dry seasons by vessels drawing one foot water pursuant to the terms of their charter.

Resolved, as the opinion of this committee, that the further time of twelve months be allowed the said company to complete the improvements and to make the river so navigable, and that in the mean time they be permitted to receive full tolls.

The said resolutions being read a second time, were agreed to by the House.

Ordered, That a bill be brought in pursuant to the 2d resolution, and that the committee who made the said report, do prepare and bring in the same.

A bill "To amend an act, entitled an act, concerning appointments to civil offices," (which lay on the table, with several amendments, as reported from the committee of the whole house on the state of the commonwealth) was taken up, and the said amendments read, and a proposition made further to amend the same.

A motion was then made to postpone the further consideration of the said bill, with the amendments, to the 1st day of March next. Ayes 72. Noes 50. This bill was founded on Mr. Daniel's resolution. It simply contemplated the exclusion of the members of the Legislature from appointment to such vacancies as they might themselves create, as well as to such offices for a time, which they also might create.

FRIDAY, Dec. 30.

The House proceeded to appoint, by joint ballot with the Senate, an Auditor of Public Accounts for one year-Samuel Shepard was re-elected.

Engrossed bills--"For removing certain causes from the Court of Amherst county, to that of Nelson county,"-"Concerning Philip Dawe,"—"To incorporate the trustees of an Academy in the town of Manchester,"-were severally read a third time and passed.

Mr. Pope from the committee to which it was committed, presented a bill "To suspend the operation of executions during the continuance of the embargo, and ninety days after it is raised," with an amendment, which he handed in at the clerk's table, where the same was read;

On motion, Ordered, that the said bill with the amendment, be referred to a committee of the whole house on the state of the commonwealth, and that 250 copies of the said amendment, be printed for the use of the members of the General Assembly.