Virginia Argus

Virginia Legislature.

HOUSE OF DELEGATES.

Saturday, Dec. 10

A number of petitions were presented, read and referred to different committees.

The following resolutions (which lay on the table) as reported from the committee of propositions and grievances, were taken up and read:

The committee of propositions and grievances have according to order, had under their consideration, sundry petitions to them referred, and have come to the following resolutions thereupon:

1 Resolved as the opinion of this committee, that the petition of sundry inhabitants of the county of Kanawha, praying that all that part of said county contained within the following bounds, to wit, beginning at the corner of Mason county in Tense's Valley, thence a direct line to the mouth of the Spruce Fork of Coal River, thence up said fork until it intersects the line of Giles County, and with said line to the Tazewell line, and with the same to the Tug Fork of Great Sandy River, intersecting the state line of Kentucky, and with the same to the mouth of Great Sandy River, thence up the Ohio to the mouth of Little Guyandotte, and corner of Mason county, and with the Mason line to the beginning, may form one distinct county, is reasonable.

2. Resolved, as the opinion of this committee, that the petition of sundry inhabitants of the lower part of the county of Northumberland, praying that all that part of their said county, lying within the following bounds, to wit, beginning at the head of Mile Creek and running a direct line to Thomas Hutching's gate, may be added to and made a part of Lancaster county, is reasonable.

Resolved, as the opinion of this committee, that the petition of sundry other inhabitants of the county of Northumberland in opposition thereto, be rejected.

The question being put upon agreeing to the 1st resolution, it passed in the affirmative.

A motion was made to amend the second resolution by striking out at the end of it, the words "is reasonable," and inserting in lieu of them, the words "be rejected;" and the question being put on the proposed amendment, it passed in the affirmative.

The question being then put on the resolution as amended, it was agreed to by the house.

The third resolution was amended and agreed to of course.

Ordered, that a bill be brought in pursuant to the first resolution; and that the committee of propositions and grievances do prepare and bring in the same.

Ordered, that the committee of privileges and elections, be discharged from the further consideration of the petition of John Jones of Warwick county, complaining of the undue election and return of Dixon Brown, one of the delegates returned to serve in this present general assembly, from the said county of Warwick, and that the said John Jones have leave to withdraw his petition.

Monday, December 12.

A number of petitions were presented, read and referred.

The speaker laid before the house, a letter from the honorable John Tyler, which was read in the following words :

Greenway, December 11, 1808.

SIR,

I received yesterday evening your very polite communication by express, announcing my appointment to the office of Chief Magistrate of this state. To be thus called on by so decided a vote of the legislature, to a station so high and responsible, covers me with obligations, and leaves no room for me to doubt the part I ought to act on the occasion ; more especially when I hold it the indispensable duty of every good citizen to obey the voice of his country, when elected to a service not beyond his mental and bodily energies to perform.

Under the influence of this motive, and that love of country which ought to glow in the bosom of every member of society, and which I can truly declare I have always cherished with delight in my own, from the commencement of my political life to the present day, be pleased to inform the honorable assembly, that I will accept the honor conferred, and will proceed to the execution of the duties confided to me, (with the aid of the council of state) in due time.

But when I recollect the characters who have gone before me in this department of state, how justly they deserved and received the applause of their country for their fidelity and public virtue; and moreover, when I consider the critical situation of our country at this awful period, I confess I approach the altar with fear and trembling.

But I know my country is just and will indulge a generous forbearance for those errors which may unintentionally fall to my share.

That the deliberations of the assembly may be governed by all that moderation, wisdom and firmness, by which Virginia has been so often distinguished, and which is so essential in the present crisis, is the devout prayer of their and your very obedient fellow citizen,

JOHN TYLER.

On motion, Ordered, that the 28th rule of this house be for the present suspended, and that Messrs Otey, Murdaugh, Egmon, Semple, Wirt, Wooding, Leftwich and Woodson, be added to the committee appointed to examine into the state of the armory; making the number of said committee consist of 21 members.

A petition was presented and read from Ambrose Hundley, of King and Queen County, praying compensation for a slave who was some time since supposed to have been murdered by another slave;

And the question being put on the reference of the said petition, it passed in the negative;

Resolved, that the said petition be rejected.

A message from the Senate by Mr. Nelson—

Mr. Speaker—The Senate have passed the bill, "Concerning elections in certain cases," with several amendments, to which they desire the concurrence of the House of Delegates. And then he withdrew.

The house proceeded to consider the said amendments, and the same being twice read, were agreed to by the House.

Ordered, That the Clerk acquaint the Senate therewith.

Ordered, That writs of election issue to the counties of Amherst and Nelson, to supply the vacancy in the representation from the county of Amherst, occasioned by the acceptance by David S. Garland, one of the Delegates returned to serve in this General Assembly from the said county of the office of Register of the Land-Office,

Mr. Yerby from the committee of Propositions and Grievances, presented the following report and resolution :-

The committee of Propositions and Grievances have, according to order, had under their consideration the petition of sundry inhabitants of the county of Harrison, to them referred, and have come to the following resolution thereupon:

Resolved, as the opinion of this committee, that the petition of the said inhabitants of the county of Harrison, praying that all that part of their said county contained within the following boundaries, to wit: Beginning at the mouth of Peck's run, including its waters, down Hacker's creek to the mouth, including its waters, thence down the west fork to the mouth of Isaac's creek, then up the same including the waters thereof to its head, from thence to the Wood county line, the nearest point, thence with the same to Mason county line, thence with the line of Kanawha and Randolph counties to the head of Buchanan river, and down the same to the beginning, may form one distinct county, is reasonable.

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

Ordered, That a bill be brought in pursuant thereto, and that the committee of Propositions and Grievances do prepare and bring in the same.

Mr. Sheffey, from the committee of Propositions and Grievances, presented the following report and resolution :-

The committee of Propositions and Grievances have, according to order, had under their consideration sundry 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 Ashlin, praying that he may be authorised by law to erect a dam from his own land in the county of Fluvanna, across the Rivanna river, to the land of George Pickett on the opposite shore, for the purpose of working a grist and other mills, is reasonable.

2. Resolved, as the opinion of this committee, that the petition of Carter B. Berkeley (guardian of Elizabeth Edmonia Churchill) of the county of Middlesex, praying that the ferry established from the lands of William Fitchett, of the county of Mathews, across Piankatank river, to the land now the property of his said ward, may be put down and discontinued, be rejected.

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

Ordered, That a bill be brought in pursuant to the first resolution, and that the committee of Propositions and Grievances do prepare and bring in the same.

Mr. Semple from the committee for Courts of Justice, presented the following report and resolutions.

The committee for Courts of Justice have, according to order, had under their 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 Thomas Hord and Robert Baylor, praying that a fine imposed upon them by the court of Essex county, for not keeping their mill dam in repair, be rejected.

2. Resolved, as the opinion of this committee, that the petition of the trustees and others, inhabitants of Shepherd's Town, in the county of Jefferson, praying that the several acts relative to the said town, may be explained and amended, so that the said trustees may be authorised as they formerly were, by a law which is supposed by some of them not to be now in force, to levy a tax on property in the said town, is reasonable.

3. Resolved, as the opinion of this committee, that the petition of James Glenn and others, inhabitants of the county of Jefferson, praying that an act may pass, empowering the Executive to grant to certain persons in the said petition mentioned, commissions as officers of a volunteer troop of cavalry, to be attached to the 55th regiment of militia, be rejected.

4. Resolved, as the opinion of this committee, that so much of the memorial of sundry persons inhabitants of Albemarle county, as complains of the law exempting from militia duty, the students of William and Mary College, and all other seminaries of learning in this state, is reasonable.

5. Resolved, as the opinion of this committee, that the residue of the said memorial, proposing that all able bodied men be required to perform militia duty, be rejected.

The 1st, 2d, 3d and 5th resolutions being read a second time, were agreed to by the House.

The 4th resolution being read a second time, a motion was made to amend the same by striking out at the end thereof, the words "is reasonable" and inserting in lieu of them the words "be rejected;" and the question being put on the proposed amendment, it passed in the negative; the question being then put on the resolution as reported, it was agreed to by the House.

Ordered, that bills be brought in pursuant to the 2d and 4th resolutions, and that the Committee for Courts of Justice do prepare and bring in the same.

Mr. Semple from the Committee for Courts of Justice, presented the following report and resolution :

The committee for Courts of Justice have, according to order, had under their consideration the petition of Margaret Brough to them referred, and have agreed upon a report, and come to a resolution thereupon, as follow :

It appears to your committee, that in the year 1786, the petitioner was married to a certain Thomas Brough, who received in consequence of his said marriage, a considerable estate in real and personal property. That in the course of a few years thereafter the said Thomas Brough sold the whole of the property so received by him, expended the proceeds thereof, and shortly thereafter abandoned the petitioner without providing for her any kind of support.

It further appears to your committee, that some time about the year 1802 or 1803, the said Thomas Brough removed from this state, to the state of North Carolina, carrying thither with him, a young woman whom he there afterwards married, and has since returned with her to this state, and is now residing with her in the county of Charlotte, recognising her as his wife.

It further appears to your committee, that the petitioner from the time of her said intermarriage, to the present
sent time, has supported the character of a virtuous and good woman.

It further appears to your committee that the mother of the petitioner, has lately devised certain property to trustees, for the benefit of the petitioner; that the said trustees are anxious to relinquish the said trust, so soon as they can do so, without leaving it in the power of the said Thomas, to exercise a right over the said property.

Resolved, as the opinion of this committee, that the petition of the said Margaret Brough, praying that an act may pass, divorcing her from the said Thomas Brough, is reasonable.

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

Ordered, that a bill be brought in pursuant thereto, and that the Committee for Courts of Justice do prepare and bring in the same.

A letter from the Governor, enclosing for the consideration of the General Assembly, the proceedings of the Executive on the claim of John Warden, esq. to compensation for certain services rendered to the Commonwealth, which lay on the table, were taken up and read, and on motion, referred to Messrs Sheffey, Peyton, Semple, Hooe, R. Stanard, E. Watts, Otey, Harris, Ritchie, Hairston, Faris and Lightfoot.

Ordered, That leave be given to bring in a bill, "To suspend the operations of executions during the Embargo, and 90 days after it is raised;" and that Messrs. Pope, Thompson, J. Allen, Preston, Wirt, Otey and Noland do prepare and bring in the same.

Tuesday, Dec. 15.

Mr. Semple, from the committee for courts of Justice, presented the following report:

The committee for courts of Justice have, according to order, had under their 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 sundry persons, owners of lots in Planter's Town, praying that a further time may be allowed for improving the lots in the said town, is reasonable.

2. Resolved, as the opinion of this committee, that the petition of the freeholders and house keepers of St. Mary's parish, in the county of Caroline, setting forth, that they have directed the proceeds, arising from the sale of the glebe of the said parish, to be applied to the establishment of an academy in the same, and praying that an act may pass providing a constitution for the said academy, and securing for the benefit thereof, the property which may belong to the said academy, is reasonable.

3. Resolved, as the opinion of this committee, that so much of the petition as is to them referred, of the mayor, recorder, aldermen and common council-men of the town of Petersburg, as prays that the citizens of the said town may in future be authorised to exercise their electoral franchise at their courthouse in the said town, be rejected.

4. Resolved, as the opinion of this committee, that such other part of the said petition as is to them referred, as prays that the jurisdiction of the court of hustings of the said town may be extended, be rejected.

The said resolutions being severally twice read, were agreed to by the house.

Ordered, that bills be brought in pursuant to the first and second resolutions, and that the committee for courts of justice do prepare and bring in the same.

Mr. Yerby from the committee of propositions and grievances made the following report:

The committee of propositions and grievances have, according to order, had under their consideration sundry petitions to them referred, and have come to the following resolutions thereupon:

1. Resolved, as the opinion of this committee, that the petition of sundry inhabitants of the county of Hampshire, praying that a law may pass, increasing the reward for killing wolves within the said county, is reasonable.

2. Resolved, as the opinion of this committee, that the petition of sundry inhabitants of the county of Monroe, praying that all that part of the said county contained within the following bounds, to wit, beginning at the top of Peters' mountain where the road crosses above Jacob Miller's and running to the most north-easterly corner of the tract of land the said Miller lived on, thence a direct line to the mouth of Indian creek may be added to, & made a part of the county of Giles, be rejected.

3. Resolved, as the opinion of this committee, that the petition of sundry other inhabitants of the county of Monroe, in opposition thereto, is reasonable.

The said resolutions being severally twice read, were agreed to by the House.

Ordered, that a bill be brought in pursuant to the first resolution, & that the committee of propositions and grievances do prepare and bring in the same.

Ordered, that leave be given to bring in a bill "to amend the several acts made and provided for the relief of special bail in certain cases;" and that the committee to which is referred the subject of the judiciary system, do prepare and bring in the same.

Ordered, that leave be given to bring in a bill "for reducing the fees of the Clerks of courts in this commonwealth, in certain cases;" and that Messrs. Watson, Harris, Banks, Morrow, Lightfoot and Semple, do prepare and bring in the same.

Ordered, that leave be given to bring in a bill "to amend and explain the act, entitled an act, more effectually to prevent malicious and vexatious suits;" and that Messrs. W. Brockenbrough, E. Watts, Cheatham, Tyler, Edmunds and Storrs, do prepare and bring in the same.

Ordered, that leave be given to bring in a bill "to alter the senatorial districts within this commonwealth;" and that Messrs. Sheffey, Congleton, Kinney, Given, Mallory (of E. City) Castleman, Shannon, Simon, Lightfoot, Rozzel, Henderson, Holt and Davis, do prepare and bring in the same.

Ordered, that leave be given to bring in a bill "allowing the owners of lots in the town of Beverly, in the county of Randolph, a further time to build thereon;" and that Messrs. Gibson, Martinea, Prunty, Edgington, Estill and Irwin, do prepare and bring in the same.

Ordered, that leave be given to bring in a bill "to legalize the appointment of overseers of the poor in Hampshire county;" and that Messrs. Donaldson, Higgins, Cunningham, Lowther and Simon, do prepare and bring in the same.

Ordered, that leave be given to bring in a bill "to reduce the fees of sheriffs in certain cases;" and that the committee appointed to bring in a bill concerning the fees of clerks of courts, do prepare and bring in the same.

Ordered, that leave be given to bring in a bill "to extend the jurisdiction of the quarterly terms of county and corporation courts in certain cases;" and that Messrs. Peyton, Barbour, Wirt, Holt, Graham and Tyler, do prepare and bring in the same.

Ordered, that leave be given to bring in a bill "to relinquish the commonwealth's right to a lot of ground in the town of Wheeling to Thomas Baird;" and that Messrs. Irwin, Prunty, Miller, Congleton, Beirne, Hull and Bowe, do prepare and bring in the same.

The residue of the sitting was occupied in reading and referring petitions.

WEDNESDAY, December 14.

Mr. Semple from the committee of courts of justice, made the following report:

The committee of courts of justice have according to order, had under their consideration, so much as is to them referred, of the petition of sundry inhabitants of Frederick county, and have come to the following resolution thereupon:

Resolved, That such part of the said petition as prays that an act may pass appointing trustees of an academy in the town of Stevensburg in the said county, investing them with power to receive and hold property for the benefit thereof, is reasonable.

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

Mr. Semple from the committee for courts of justice, made the following report:

The committee for courts of justice have according to order had under their consideration the petition of Elizabeth Sponslar, Alias Kimberland, to them referred, and have agreed upon a report and come to a resolution thereupon, as follow:

It appears to your committee that in a short time after the marriage of the petitioner in the year 1799, with her husband Martin Kimberland, without alleging any reason therefor, he absented himself from her about eighteen months: that some time after his return to the county of Wythe, where the petitioner resided with her father Daniel Sponslar, the said Martin was charged with an attempt to shoot the said Daniel, examined therefor, but acquitted; that some time afterwards he abandoned the petitioner and removed to the state of Kentucky, where he was convicted of horsestealing, and was for some time imprisoned therefor; that he afterwards removed from that state, but has not returned to Virginia, and has now been absent therefrom about five years:

Resolved, As the opinion of this committee, that the petition of the said Elizabeth Kimberland, praying that an act may pass for dissolving her said marriage, is reasonable.

The said resolution being read a second time was agreed to by the House.

Mr. Semple from the committee for courts of justice, made the following report:

The committee for courts of justice have according to order, had under their consideration the petition of James Nimmo, surviving executor of William Wishart, deceased, to them referred, and have come to the following resolution thereupon:

Resolved, As the opinion of this committee, that the petition of the said James Nimmo, praying that he may be released from the amount of a judgment obtained on behalf of the commonwealth in the general court, in the year 1808, against the petitioner as executor as aforesaid, on a writ of scire facias sued out in the year 1799, reviving a judgment obtained against the testator in his lifetime, in the year 1783, is reasonable.

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

Ordered, That bills be brought in pursuant to the said resolutions, and that the committee of courts of justice do prepare and bring in the same.

Mr. Semple presented, from the committee for courts of justice, a bill "Subjecting students at seminaries of learning to militia duty;" which was received and read the first time, and ordered to be read a second time.

On motion, Ordered, That the said bill be now read a second time; the said bill was accordingly read a second time, and on motion, ordered to be committed to the committee appointed to examine the subject of the militia laws.

Mr. Yerby from the committee of propositions and grievances, made the following report:

The committee of Propositions and Grievances have according to order, had under their consideration the petition of sundry inhabitants of the county of Campbell to them referred and have come to the following resolution thereupon:

Resolved, as the opinion of this committee, that the petition of sundry inhabitants of Campbell and the adjoining counties, praying that the inspection of tobacco heretofore established in the town of Brookneal within the said county of Campbell, may be revived, and that the owners of lots within the said town may be allowed the further time of five years to build on and improve the same, is reasonable.

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

Ordered, that a bill be brought in pursuant thereto, and that the committee of Propositions and Grievances do prepare and bring in the same.

Mr. Yerby from the committee of propositions and Grievances, presented the following bills;

A bill "For dividing the county of Harrison;"

A bill "For dividing the county of Kanawha, and for other purposes;" and

A bill "Authorising John Ashby to erect a dam across Rivanna river:" which were received and read the first time, & ordered to be read a second time.

A message from the Senate by Mr. Currie--

Mr. Speaker,-- The senate have disagreed to the amendment of the House of Delegates to the Senate's amendment to the resolution for the removal of two members from the Council of State, which amendment of the Senate proposed the said removal to take place on the second day of January next; and they have agreed to the resolution to proceed on this day to the choice of a Judge of the General Court, to supply the vacancy occasioned by the election of John Tyler, esq. to the office of Governor.

The House proceeded to re-consider their amendment to the amendment of the Senate to the said resolution for the removal of two members of the Privy Council; when on motion, resolved, that this House do recede from their said proposed amendment.

On motion, Resolved, That this House do agree to the said amendment of the Senate:

Ordered, that leave be given to bring in a bill "To establish public warehouses, and for other purposes;" and that Messrs. Willis, Graham, Taylor, Crutchfield, Barbour, Strother, Murdaugh, Noland, Slaughter, Purdie and Sheffey, do prepare and bring in the same.

Ordered, that leave be given to bring in a bill "To explain the act, entitled an act, concerning Clement Shackleford, as administrator of the estate of John Allgood, dec." & that Messrs. W. Brockenbrough, Redman, M. F. Brockenbrough, Daniel, Cabell, Watson and E. Watts, do prepare and bring in the same.

Ordered, that leave be given to bring in a bill "Making provisions for opening a road from Botetourt courthouse to the Sweet Springs;" and that Messrs. Semple, Estill, Beirne, Dickenson, Blair, M'Claughlin, Morrow, M'Farlane, Lundy, Jeffries, Rowland and M'Clanahan, do prepare and bring in the same.

Ordered, that leave be given to bring in a bill "To amend the several laws regulating elections;" and that Messrs. Daniel, Cabell, Watson, Walker, Slaughter, Lundy, Ritchie and Hairston, do prepare and bring in the same.

Ordered, that leave be given to bring in a bill "To amend an act, entitled an act, concerning public roads;" and that Messrs. Noland, Strother, Pope, Sheffey, J. Allen, Graham, Miller, Peyton, Corbin, Congleton, Willis, Edmonds and Barrett, do prepare and bring in the same.

On motion, Resolved, that the committee appointed to enquire into the state of the Manufactory of Arms, be authorised to send for persons, papers and records, for their information.