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Richmond, Virginia
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Proceedings of the Virginia House of Delegates on Thursday, February 10, covering Senate actions on bills, reports on road improvements, debates on educational appropriations for colleges and academies, and various motions on infrastructure and court timings.
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THURSDAY, FEB. 10.
The Senate have passed the bills—1, Incorporating the Leesburg-and Snickers Gap Turnpike Company; 2, Providing for the recovery of the hires of slaves accruing during the pendency of appeals, writs of error and supersedeas.
They have postponed indefinitely the bills—1, Amending the act entitled an act to reduce into one the several acts to the better securing the payment of rents, and preventing the fraudulent practices of tenants, and to regulate the practice of suing out and prosecuting writs of Replevin; 2, Regulating farther the practice of suing out and prosecuting writs of scire facias.
Mr. Gilmer from the Select Committee, reported a substitute to the bill "to provide for opening and repairing the roads of the Commonwealth"
[This bill being one of much importance, we sketch an outline of its leading provisions: Sec. 1, requires the County Courts annually to appoint persons as Road Commissioners: 2. When application for a new road or alteration of old one, necessary for the public convenience in traveling to court-houses, ware houses, ferries, mills, &c. it is to be referred to some three of the Commissioners, to be reported on by them to the Court: 3, When the Commissioners report, summonses shall issue to proprietors of the lands through which the road is to pass, preparatory to a writ of ad quod damnum. If the application is successful, the cost to be charged to county levy—if unsuccessful, to be borne by applicant: 4, Gives County Courts power to discontinue roads: 5, Directs the County Courts to divide all the public roads into precincts, and appoint a Surveyor for each, to continue in office until a successor is appointed, and charged to keep his precinct cleared and in good order: 6, Requires the Clerk to deliver a copy of the appointment of surveyors to the Sheriff who shall notify the surveyor: 7, Requires all male laboring persons of 16 years or more to work on public roads—if he fails to attend when duly required, with tools, &c. or refuse to find a substitute, he is liable to a fine not exceeding $1 per diem; 8, Requires the surveyor to keep his precinct smooth and clear and 30 feet wide at least: 9, Defines his duties and privileges as to finger posts, taking wood and stone, impressing horses and carriages in certain cases, &c.: 10, Authorizes the purchase of gun powder for the purpose of blowing rock, &c.: 11. Authorizes the Court to contract for building bridges, a majority of the acting Justices being present, and directs the manner of proceeding when the bridge connects two Counties: 12. Empowers the County Courts to execute this system, to assess and levy upon each tithable a sum not exceeding [something], and upon lands and rents of houses and lots [something] per centum on the amount payable on the same property, in revenue, to the Commonwealth: 13, Authorizes such County Courts as may deem it expedient, to let the opening and repairing of public roads to the lowest bidder, of whom bond and security are to be taken—the cost to be defrayed as specified in 12th section: 14, Authorizes the Courts to permit gates to be erected across roads not turnpiked or mail roads, two thirds of the Court concurring; and gives to the Superior Courts of law the power of discontinuing the same: 15, Punishes obstructions placed in roads: 16, Requires the owners of dams, over which roads shall pass, to keep them in repair; 17, Prohibits horse racing in public roads: 18, Vests the power of establishing landings for produce, &c. in the county Courts; 19, Directs the mode of proceeding in such case; 20, Places such landings on footing of public roads; 21, Empowers the County Courts to discontinue them; 22, Authorizes opening roads to such landings; 23, Appropriates the penalties arising under the act, and prescribes the mode of recovering the same.]
Mr. Jones called up the report of the Committee of Schools and Colleges, adverse to the petition for the division of the funds of the Hampton Academy, and moved to amend the same by declaring it reasonable—which motion he supported by argument and a statement of the condition of the fund.
The motion was opposed by Messrs. Goode and Semple, and negatived.
Mr. Williams of Harrison called up the bill appropriating $2000 from the Literary Fund to the Benefit of Hamden Sidney College, and proposed to add a new bill, appropriating 750 to Randolph Academy, in the county of Harrison.
This motion gave rise to a long and desultory debate, in which Messrs. Williams of Harrison, Venable, Watkins, Preston, Goode, Christian, Maxwell, Davisson, Miller of Powhatan, Gilmer, Wilson, and Semple took part, and incidentally embracing the policy of the State in regard to education and literature, the merits of Hamden Sidney, and of the University. Mr. Williams of Harrison having alluded to the attempt made in 1822 to endow a Presbyterian Theological Seminary at Hamden Sidney, as an argument to prove that that institution was not particularly attached to the principles of the acts of religious freedom—explanations were made by Messrs. Venable, Watkins, and Miller of Powhatan, exempting the College from any connexion with the Theological Seminary, which so far from being a conception of the trustees of the college, was deprecated by them as an injury to the college itself. Mr. Preston admitted that the literary institution at Hamden Sidney was opposed to the institution of the Theological Seminary, and for an excellent reason, that the literary institution was crushed by the weight of the prejudice against its neighbor, located within a stone's throw. The institution was sectarian—Presbyterian the blue—Hudibras' Presbyterians.
Mr. Watkins vindicated Hamden Sydney against the attack of Mr. Preston.
Reference having been made by Mr. Maxwell to the act of religious liberty, its author and the University. Mr. Gilmer made an animated appeal, extolling all three; which also drew from Mr. Maxwell in reply, a beautiful panegyric upon Mr. Jefferson, and a warm eulogium upon the University.
Mr. Jackson moved to postpone the bill indefinitely, and addressed the House at length in opposition to the principle of this appropriation, and in favor of concentrating patronage upon primary education.
This motion gave rise to further debate, and was finally carried in the affirmative—ayes 78.
Mr. Dromgoole, from the Senate, brought a message that the Senate had agreed to the resolution for proceeding this day to the election of a Governor and three Councillors.
On motion of Mr. Hamilton, the Committee on Roads and Navigation, were instructed to enquire into the expediency of making a farther appropriation to the Rappahannock Company.
On motion of Mr. Keller, leave was given to bring in a bill changing the times of holding the county courts of Tazewell, Russell, Scott, Grayson, Lee, and Washington.
On motion of Mr. Moore, the road bill was taken up, a substitute offered by him, and both ordered to be printed.
On motion of Mr. Spurlock, the House adjourned.
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Domestic News Details
Primary Location
Virginia
Event Date
Thursday, Feb. 10.
Key Persons
Outcome
senate passed bills on turnpike incorporation and slave hires recovery; postponed bills on rents and scire facias; road bill substitute reported and outlined; motion to divide hampton academy funds negatived; appropriation bill for hamden sidney college and randolph academy postponed indefinitely by 78 ayes; senate agreed to election of governor and councillors; instructions to committees on roads and courts; road bill ordered printed; house adjourned.
Event Details
The House of Delegates session included reports on Senate actions, a detailed substitute bill for road opening and repair with provisions for commissioners, surveys, labor requirements, fines, bridges, levies, and penalties; debate and rejection of dividing Hampton Academy funds; extended debate on appropriations to Hamden Sidney College and Randolph Academy involving education policy, religious freedom, and institutions like the University of Virginia, resulting in postponement; messages and motions on elections, further appropriations, court timings, and adjournments.