Richmond Enquirer

General Assembly of Virginia.

HOUSE OF DELEGATES,

Tuesday, April 2, 1839.

A communication was received from the Senate, stating that they have passed the bills entitled—an act to authorize a separate election at the house of John Edwards in the county of Grayson—an act to incorporate the Trustees of the Roanoke Classical and Scientific Institute—an act changing the time of holding the Circuit Superior Court of Law and Chancery of the county of King and Queen, and an act to authorize the Sergeant of the city of Richmond to appoint a deputy in certain cases.

They have also passed the bill, entitled "an act imposing taxes for the support of Government," with an amendment. They insist on their 2d, 3d, 4th and 9th amendments to the bill entitled, "an act to repeal and amend certain acts respecting the Banks of this Commonwealth." to which the House of Delegates disagreed.

They agree to the amendment proposed by the House of Delegates to their 13th and so much of the 4th to take out the 1st section of their 14th amendment, but disagree to the 1st and 2nd amendment as proposed to amendment to the said bill, and to so amendment as proposes to strike out the 3d and 4th sections of the said 14th amendment.

The House took up the bill to repeal and amend certain respecting the Banks of this Commonwealth.

The following are the two first sections of the bill:

1. Be it enacted by the General Assembly, That the act, entitled an act to suspend the act increasing the capital of Banks in this Commonwealth, shall be, and the same is hereby repealed.

2. Be it further enacted, That so much of the "Act establishing general regulations for the incorporation of Banks," passed the 22d of March, 1837, as prohibits the banks of this State from issuing notes or bills for less than 10 dollars, and after the 1st day of July, 1840, for less than $20, shall be suspended: Provided, The power is hereby reserved to the Legislature at any time hereafter to prohibit the issuing and circulation of bills or notes for less than twenty dollars.

The Senate originally proposed to strike out these two sections. On returning the bill to the House, they proposed on the 29th March, to amend the amendment of the Senate, so far as to agree only to strike out the 1st section of the bill, and to amend the 2d section by adding after the word "suspended," the words "for five years"—On Tuesday, the Senate returned the bill, disagreeing to these amendments of the House.

The House now moved to recede from the amendment of the House to the Senate's amendment, about the 1st section—thus in fact abandoning the 1st section altogether.

Upon which, Mr. Watkins moved to lay the whole bill upon the table, and carry the whole question before the People.

Mr. Tunstall would not agree to this. He wished the House to stand firm, and test the question who were the Democracy—whether the Senate, with its 32 members, removed from responsibility, were to control 134 delegates, fresh from the people, or not. [Mr. T. was here reminded that the question was confined to the motion to lay on the table.]

Mr. Barbour called the ayes and noes.

The motion to lay on the table was further opposed by Messrs. Robertson and Witcher.

Mr. Witcher stated his belief, that there was some undue influence at work in reference to this matter—that the Bank of Virginia did not wish any action on the subject—and that there were gentlemen in both Houses who did not like to take the responsibility of going against Banks, but who were yet anxious to defeat this bill. Mr. W. thought it would be well for the people to examine the question, whether the Senate was really a revisory body, or whether it was not thwarting and defeating the popular will: he would throw the responsibility of the defeat of this bill upon the proper quarter, &c.

Mr. Robertson disclaimed all knowledge of any influence or interference on the part of the Bank of Virginia or any of its officers.

Mr. Smith of Isle of Wight reminded the House, that if this bill were laid on the table, still there would be an increase of the banking capital under the act of 1837.

He was in favor of laying it on the table.

Mr. Venable said the law of 1837 would be a dead letter, because there was a provision in it requiring it to take effect within three months, &c.

Further remarks were made by Messrs. Witcher, Watkins, Smith of Isle of Wight, May, Robertson, Sherrard, Bard and Crutchfield: and the question being taken on laying the bill and amendments on the table, it was decided in the negative by the following vote:

Ayes—Messrs. Gilmer, (Speaker,) Holloway, Wood, M'Clintick, Haskins, Thornburg, Cox, Carson, Waite, Deskins, Chapman, Smith of Gloucester, Watkins, Hall of Grayson, Taylor of Halifax, Flowers, Armstrong, Smith of Isle of Wight, Wright, Richmond, Farley, Anderson, Orgain, Banks, Taylor of Matthews and Middlesex, Goode, Barnett, Alexander, M'Pherson, Cloud, May, Gay, Carroll, Sturm, Smith of Rockingham, Thomas, Culbertson, Bare, Conn, Urquhart, Clarke, Prince, Crockett of T.—43.

Noes—Messrs. Bayly of Accomac, Cropper, Southall, Cabell, Stuart, Kinney, Cobbs, Mitchell, Snodgrass, Shanks, Peyton, Hoffman, Flood, Toler, Fox, Corbin, Cardwell, Broadus, Wilson, Vaughan, Lorimer, Ball, Edmunds of Fauquier, Tidball, Payne, Hale of Franklin, Wade, Sherrard, Barton, Daingerfield, Turner, Odell, Park, Martin, Reynolds, Smith of Kanawha, Tayloe, Conway, Beard, Ramey, Taylor of Loudoun, Smith of Matthews & James City, Haymond, Clayton, Dunlap, O'Ferrall, Hodges, Whitehead, Cunningham, Watts, Langhorne, Yerby, Fitzgerald, M'Connell, Woolfolk, M'Coy, Tunstall, Witcher, Venable, Roberts, Ratcliffe, Shands, Pendleton, Robertson, Dorman, Davis, Crutchfield, Fitzhugh, Stephenson, Goodson, Walker, Crockett of Wythe—72.

So the House refused to lay the bill and amendments on the table.

The question then recurred on Mr. Venable's motion to recede from the amendment to the Senate's first amendment. This proposition of Mr. Venable was supported by Messrs. Watkins and Smith of Isle of Wight and was opposed by Mr. Sherrard. Mr. Crutchfield would vote for the proposition, under the hope that some better arrangement would be adopted.

The question was taken by ayes and noes, on the call of Mr. Sherrard, and rejected by a vote of ayes 56, noes 75. The House then determined to insist upon their amendment to the 1st section.

The House next agreed to recede from their amendment to the 2d section; and the question came on about fixing the time, for which the restriction on the Banks issuing small notes may be suspended. Some debate took place on the propriety of restricting the issue of small notes. Mr. Watkins warmly contended for the restriction, and asked what Bank was the most powerful and solvent? Was it not the Bank of the U. States which had no authority to issue less than $5 notes?—He contended, that unless this restriction were imposed on the Banks, and the Banks were compelled to furnish themselves with a larger basis of specie, the bubble would burst again. He was in favor of allowing but one year longer to issue small notes.

Mr. Tunstall replied to Mr. Watkins; and contended, that the people had asked for no such restriction and the argument drawn from the Bank of the United States, is not sound, because that Bank does not supply the ordinary circulation of the people.

The debate was continued by Messrs. Sherrard and Robertson in opposition to the restriction. Finally, the House agreed to the proposition of Mr. May, which was to add after the word "suspended" in the second section, the words "for one year."

When the amendment from the Senate, concerning the classification of notes offered for discount, came up, Mr. May moved to recede from the disagreement of the House, with a view of amending it in another way.

The House agreed to Mr. May's proposition, and then he proposed to amend the section, by striking out so much of the section as relates to the classification of discounts, and retaining only the following at the end of the section:

"It shall be the duty of the Banks to keep a list of all applications for discounts, the names of the parties thereto, endorsers and amounts, and the decisions thereon. No person or company shall at any time owe any one Bank of this Commonwealth, as drawer or acceptor, a sum exceeding $50,000, nor as endorser, a greater sum than $50,000."

Mr. May went into a long and able argument against the proposed classification.

Much debate ensued, in which Messrs. Botts, Watkins, Venable and May participated. Mr. May's amendment was adopted. And the question came on upon agreeing to the Senate's amendment thus amended.

Mr. Venable called for the ayes and noes.

Mr. Woolfolk expressed his gratification that they were called, in order that the people might see who were disposed to encourage the great capitalists, at the expense of the smaller.

Mr. Tunstall controverted this position with great zeal. He defied any gentleman to answer the argument of the member from Petersburg (Mr. May)—and contended, with him, that it is frequently better for the Banks to discount the note of a large manufacturer, who might have a hundred mouths to feed, than to loan the same amount in small sums to individuals, who might not profitably employ it.

Mr. Watkins replied to Mr. Tunstall, and argued that these small sums might be loaned out for the accommodation of small dealers or manufacturers, &c.

Mr. May was sorry the ayes and noes had been called, as it might present him in the character of voting for a branch of the Senate's proposition, which he thought objectionable; but which he would vote for, under the hope of making some compromise with the Senate.

Mr. Botts declared that he objected to the idea of compromise, and would vote against the amendment—not because he did not think the Banks were sometimes in error, in lending out large sums, but because he was willing to leave the Banks at liberty to judge of each case as it occurred.

Further debate took place, in which Messrs. Smith of Isle of Wight, Venable and Kinney participated—And the amendment was adopted by the following vote:

Ayes—Messrs. Gilmer, (Speaker,) Bayly of Accomac, Southall, Holloway, Cabell, Stuart, Kinney, M'Clintick, Cobbs, Mitchell, Hoffman, Haskins, Flood, Thornburg, Toler, Fox, Corbin, Cardwell, Cox, Carson, Broadus, Wilson, Vaughan, Lorimer, Ball, Edmunds of Fauquier, Tidball, Waite, Payne, Deskins, Hale of Franklin, Wade, Sherrard, Barton, Smith of Gloucester, Watkins, Hall of Grayson, Daingerfield, Turner, Odell, Park, Flowers, Armstrong, Martin, Smith of Isle of Wight, Reynolds, Smith of Kanawha, Wright, Tayloe, Conway, Richmond, Farley, Beard, Ramey, Taylor of Loudoun, Anderson, Orgain, Banks, Taylor of Matthews and Middlesex, Dortch, Goode, Clayton, Dunlap, Barnett, O'Ferrall, Hodges, Whitehead, Cunningham, Watts, Langhorne, Yerby, Alexander, Fitzgerald, Woolfolk, M'Pherson, Cloud, M'Coy, May, Gay, Carroll, Shands, Ratcliffe, Sturm, Pendleton, Leyburn, Dorman, Smith of Rockingham, Thomas, Culbertson, Bare, Conn, Davis, Urquhart, Crutchfield, Fitzhugh, Clarke, Prince, Crockett of T., Goodson, Walker, Crockett of Wythe—101.

Noes—Messrs. Cropper, Wood, Shanks, Peyton, Servant, Chapman, Botts, Smith of Matthews & James City, Haymond, Tunstall, Harris, Venable, Robertson, Smith of Russell, Stephenson—15.

The other amendments to the Bill were acted on. The House receded from its disagreement to some of them, and insisted as to others.—And the bill was returned to the Senate.

The Speaker laid before the House a communication from the Governor, covering a Report of the Progress of the Geological Survey, by Professor Rogers—which was ordered to be printed.

On Mr. Goode's motion, the vote rejecting the engrossed bill respecting the Lunatic Asylums of this Commonwealth was re-considered—and the bill was then re-committed to the Committee.

The bill, extending the term of office of the Commissioner of the Revenue, upon its second reading, was indefinitely postponed.

The bill, directing the collection from the Richmond and Petersburg Railroad Company, of certain money loaned them, was rejected, by a vote of 41 to 31.

On motion of Mr. Watkins, the House adjourned.

Wednesday, April 3.

A Communication was received from the Senate, stating that they had passed the bills entitled—An act divorcing Elizabeth Watson from her husband Richard P. Watson—An act to amend the act authorizing the erection of a Market House in the Public Square in the Town of Warrenton in the County of Fauquier—An act to provide for the completion of that part of the Road from Price's Mountain to Cumberland Gap, which passes through the County of Lee—An act to authorize the County Court of Norfolk County to change the landings of the County Ferry—An act authorizing the reconveyance of certain lands therein mentioned to Lewis Rawlings—An act regulating the Proceedings against joint defendants—An act authorizing the sale of certain Real Estate belonging to Marianna Bolling, deceased—An act to establish the Town of Buffalo in the County of Mason—An act concerning devises made to Schools Academies and Colleges—An act exempting the Night Watch from Military Duty, in time of Peace—An act incorporating the Battersea Manufacturing Company, and amending an act entitled an act to incorporate the Battersea Manufacturing Company—An act incorporating the Rockfish Navigation and Blue Ridge Turnpike Company—An act allowing the Staunton and James River Railroad Company further time to begin their road—An act providing for the State's subscription to the stock of the Pittsylvania, Franklin and Botetourt Turnpike Company—An act incorporating the Mason, Cabell and Kanawha Agricultural Society—An act incorporating the Powhatan Railroad Company—An act providing for the repair of the Public Ware-house in the town of Buchanan—An act incorporating the Grave Creek Turnpike Company—An act concerning the Giles, Fayette and Kanawha Turnpike Company—and an act amending an act providing for the better security of persons charged with criminal offences.

They have also passed the bills, entitled an act to authorize James Bream and Danl. Roffner to erect a Toll-bridge across Elk River in the County of Kanawha—An act to incorporate the Pearisburg Academy Association; and an act authorizing the County Court of Monongalia to raise money for certain purposes, with amendments.

[These amendments were concurred in by the House.]

And they have agreed to the resolution relative to the location of the Staunton and Parkersburg Road.

The following Communication was received from the Register of the Land Office—which was read and laid on the table.

LAND OFFICE, April 3d, 1839.

To the Hon. Speaker of the House of Delegates:

Sir—Through you I now respectfully resign into the hands of the Legislature, my trust as Register of the Land Office. With high respect,

Your obedient servant

W. SELDEN.

On motion of Mr. Tayloe, Resolved, That this House will, with the consent of the Senate, proceed to-morrow to elect a Register of the Land Office of the Commonwealth, in place of W. Selden, Esq., resigned.

Mr. Cunningham submitted the following resolution:

Resolved by the General Assembly of Virginia, That the Governor be, and he is hereby requested, to present to Thomas M. Nelson, late a Major in the Army of the United States, and a citizen of Virginia, a sword, with suitable devices, in testimony of the high sense entertained by the General Assembly of his gallantry and good conduct in the battles of Chateaugay and Lake Erie; and of his brave and patriotic services generally, during the late war with Great Britain.

Messrs. Cunningham and Goode supported the resolution, and paid warm tributes to the heroism and gallant services of Major Nelson.

The resolution was agreed to unanimously; and, on motion of Mr. Goode, the word "unanimously" was inserted in the resolution.

Mr. Tayloe moved a suspension of the rules, for the purpose of reconsidering the vote by which the bill for the improvement of the Rappahannock River was rejected. The motion was supported by the mover and Mr. Crutchfield, and opposed by Messrs. Venable and Southall.

Mr. Venable called for the ayes and noes—which were ayes 40, noes 63. So the House refused to suspend the rules.

Mr. Crutchfield moved to suspend the rules, with a view to reconsider the bill to construct a Railroad from Gordonsville to Orange Court House. Mr. C. stated that the bill proposed a subscription of three fifths by the State, but that its friends now would be content with two-fifths.

Mr. Woolfolk supported the motion.

Mr. Venable called for the ayes and noes, which were ordered—and were ayes 50, noes 56. So the House refused to suspend the rules for the purpose indicated.

On motion of Mr. Ball, the report of the Committee of Propositions and Grievances, rejecting the prayer of the petition of Charlotte F. Helm, for a divorce, was taken up.

Mr. B. moved to amend the resolution of the committee, by declaring the petition reasonable. Mr. May opposed, and Mr. Hall supported the motion. The amendment prevailed—ayes 55, noes 37—and the resolution, as amended, was agreed to.

Mr. Robertson presented the petition of sundry citizens of Richmond, to raise a volunteer company of Light Infantry Greys in said city.

Mr. Haymond presented the petition of citizens of Marshall County, asking for assistance in constructing a road from Wheeling to Clarksburg.

On motion of Mr. Rayner, the bill providing for the improvement of a portion of the road from Hillsborough to Harper's Ferry, (laid on the table yesterday) was taken up, read, and ordered to be engrossed.

ENGROSSED BILLS.

Engrossed bills were taken up. The following were passed:—A bill to provide for the extension of the Northwestern Turnpike Road from Winchester to Berry's Ferry—A bill changing the time of meeting of the overseers of the poor, the assessment of county levies, and payment of county claims and taxes—A bill divorcing Mary Cloud from her husband William Cloud—A bill authorizing the sale of certain lands therein mentioned devised to Mary Price for life, and for other purposes—A bill providing for a supply of water for the extinguishment of fire at the Armory, and for other purposes—A bill incorporating the Shepherdstown Savings Institution.

Various bills were ordered to be engrossed.

DUELLING.

The bill to remove the disabilities of persons who have been engaged in duelling, being read a second time, Mr. Alexander moved its indefinite postponement.

Messrs. Langhorne, Servant and Hodges opposed the motion, and at some length exposed the baneful tendencies of the existing law on the subject of duelling.

Mr. Langhorne read by way of argument, a substitute, which he proposed to offer, if the motion failed, of which the following are the leading features:

1. To repeal all the laws now in force against duelling.

2. That when a duel shall hereafter be fought and death to either of the combatants shall ensue, the party killing his adversary shall forfeit one half of his estate to the exclusive use of the widow and children of such person killed.

3. That the friend or second of the individual who shall kill his adversary, shall be subjected to the same forfeiture as the principal.

4. When the principal or second shall not own more property than the worth of five hundred dollars, he, or they, shall be forever prohibited from owning or holding property in this Commonwealth.

5. If any person or persons shall dispose of or conceal their estate for the purpose of avoiding the forfeiture, he, or they, shall be guilty of felony, and shall suffer confinement in the Penitentiary for a term of not less than 10 nor more than 15 years.

6. This act is not intended to operate against a citizen who may be engaged in a duel beyond the U. S.

Mr. Stuart declared his intention to vote against the postponement, to enable the friends of the bill to perfect it, but should vote against the bill on its passage.

Mr. Peyton expressed the same intention.

Mr. May supported the motion, and called upon all who were in favor of preserving the existing laws against duelling, to vote for the indefinite postponement.

The ayes and noes were ordered, and were, ayes 73, noes 33, as follows:

Ayes—Messrs. Gilmer, (Speaker,) Southall, Wood, Cabell, Kinney, Cobbs, Mitchell, Snodgrass, Merritt, Haskins, Flood, Thornburg, Toler, Fox, Wilcox, Cardwell, Cox, Carson, Broadus, Wilson, Vaughan, Edmonds of Fauquier, Waite, Deskins, Hale of Franklin, Wade, Sherrard, Smith of Gloucester, Hall of Grayson, Turner, Odell, Parke, White, Armstrong, Martin, Smith of Isle of Wight, Reynolds, Wright, Tayloe, Shadwick, Conway, Farley, Ramey, Taylor of Loudoun, Anderson, Orgain, Banks, Dortch, Goode, Clayton, Dunlap, Watts, Alexander, Fitzgerald, M'Pherson, M'Coy, May, Gay, Harris, Venable, Ratcliffe, Leyburn, Dorman, Smith of Rockingham, Thomas, Conn, Urquhart, Crutchfield, Clarke, Prince, Stephenson, Crockett of Wythe—73.

Noes—Messrs. Bayly, Cropper, Holloway, Stuart, M'Clintick, Peyton, Hoffman, Servant, Ball, Barton, Chapman, Watkins, Smith of Kanawha, Richmond, Smith of Matthews & James City, Haymond, O'Ferrall, Hodges, Langhorne, Yerby, Woolfolk, Tunstall, Carroll, Roberts, Shands, Sturm, Smith of Russell, Culbertson, Bare, Fitzhugh, Crockett of T., Goodson, Walker—33.

So the bill was indefinitely postponed.

Mr. Sturm of Russell moved to suspend the rules for the purpose of reconsidering the vote rejecting the engrossed bill to construct a road from Brandonville to the Northwestern Turnpike.

Messrs. Carroll, Woolfolk, and Haymond supported, and Messrs. Yerby, Sherrard, Smith of Isle of Wight, and Crutchfield opposed the motion.

The motion was lost—ayes 37, noes 60.

The House took the usual recess.

Evening Session.

On motion of Mr. Servant, Resolved, That leave be given to bring in a bill to amend an act (passed March 27th, 1825,) empowering the County Court of Elizabeth City to erect two toll-bridges, and for other purposes.

On motion of Mr. Fitzhugh, Resolved, That leave be given to bring in a bill to extend for two years the provisions of the act, entitled "an act to incorporate the Hartford Silk and Manufacturing Company," passed March 24th, 1837.

On motion of Mr. Ball, leave was given to bring in a bill to amend the law concerning patroles.

Bills were taken up on their second reading:

The bill authorizing the loan of arms to Concord Academy, on its second reading, was opposed by Mr. Watkins, and laid on the table.

The bill appropriating $2,500 to make alterations in the Hall of Delegates, being read a second time, was opposed by Mr. Watkins, and supported by Mr. Dorman and Mr. Woolfolk. Mr. Cardwell moved an indefinite postponement of the bill. Lost—Ayes 44, noes 50.

Mr. Watkins called the ayes and noes on the engrossment of the bill, which were ordered, and were ayes 52, noes 44. So the bill was ordered to be engrossed.

Then a motion was made that the Speaker vacate the Chair for the purpose of signing enrolled bills. After which the House adjourned.

Thursday, April 4.

A communication was received from the Senate as follows:

The Senate have passed the bill entitled An act to incorporate the trustees of the Princess Anne Academy.

They have also passed the act to incorporate the trustees of Matthews Academy with amendments.

And they have agreed to the Resolution for the election of a Register of the Land Office—They adhere to their 2d, 3d and 4th amendments to the bill entitled, "An act to repeal and amend certain acts respecting the banks of this Commonwealth," to which the H. of Delegates insisted on their disagreement—And also adhere to their disagreement to the 1st amendment proposed by the House of Delegates to their first amendment, and disagree to the 2d amendment proposed to their said first amendment—And also adhere to their disagreement to so much of their fourth amendment of the House of Delegates, as proposed to strike out the 4th section of their 14th amendment.

They recede from their disagreement to that part of the 5th amendment of the House of Delegates, which proposed to strike out the 3d section of their 14th amendment, and agree to the amendment proposed by the House of Delegates to the said section, with an amendment.

Mr. Venable moved that the House recede from their vote insisting on their 1st amendment, with a view to a concurrence with the Senate. Mr. V. thought it would be better to take the bill in its present shape, than defeat it altogether.

Mr. May concurred with the views of Mr. V. The scientific provisions of the Senate, he felt convinced would prove inoperative. Their prohibition of $5 notes would prove no prohibition. The Bank of Va., by the Senate's amendment, could exchange its $5 notes with any other bank, and thereby give them circulation. Mr. M. ridiculed such inefficient legislation; but, as its inefficiency would subserve his views, he would profit by it.

Mr. Watkins saw what he had anticipated. All the legislation on this subject was designed for the banks and not for the people. Gentlemen would take a bank of ninepence capital sooner than have no bank. He wished the Senate had stood firm and yielded no jot or tittle of its first amendments. It did not go far enough for him even then. He would arrest the banking mania which was delugating the country.

Mr. Yerby commented on the inconsistency of Mr. Watkins—his concurrence in the bill as it went from the House, and his warm opposition to it now. Mr. Yerby thought the voice of the people of Virginia had declared unequivocally in favor of banks, and in opposition to the specie humbug. Five dollar notes were the most useful species of circulation for all classes of the people.

Mr. May would agree with the gentleman from Goochland that he was a man of common sense on most subjects; and a man of science on banking. He could not understand the gentleman's views on this subject. He was too learned to be understood. For himself, however objectionable the amendments of the Senate were to him, he had no alternative but to submit to power, which he could not control. The Senate could checkmate and dictate to the House; and, being determined so to do, he would profit by its unyieldingness when he could.

Mr. Crutchfield said it was doubtful whether he could get back here next winter. His friend Col. Jefferson had drawn black lines around Pittsylvania, and he was a great man with some in that county. But if he did return, he would go for relieving the Banks of the unwise restrictions imposed upon them. At present he could do nothing better than to accept the amendments of the Senate.

Mr. Botts was opposed to yielding every thing to the dictation of the checkmating department. The House, the true exponent of popular sentiment, had by an overwhelming majority adopted the bill in its original shape—it had yielded much since by way of compromise—he would yield no more. Mr. B. called for the ayes and noes, which were ordered.

Mr. Tunstall could not agree with his friend from Henrico. If he could not get all the good he wished, he would take the greatest amount he could. He repudiated the specie humbug notions of the day, and commented with much tartness upon individuals presiding over rag machines, recommending to the people a solid, hard-money currency.

The House receded, ayes 86, noes 20.

The House then agreed to the 1st amendment of the Senate.

Mr. May moved that the House recede from so much of their 1st amendment as proposed to strike out the 4th section of the Senate's 14th amendment.

Mr. Smith of Isle of Wight opposed the motion, and called for the ayes and noes, which were ordered, and were—ayes 101, noes 14.

Mr. May then moved to agree to the Senate's amendment—and Mr. Smith of Isle of Wight moved to amend the amendment of the Senate, by striking out the following proviso: "Provided, however, That nothing herein shall be so construed as to prohibit the circulation of Bank notes, under the denomination of $5, except by the Bank or Banks which shall have emitted or issued the same."

Mr. Smith of Isle of Wight contended, that under this proviso the Banks might circulate one and two dollars, issued by other Banks.

Mr. May controverted that position; and hoped the House would hold on to the amendment of the Senate: as he confessed it was the only thing which sweetened the other parts of the Bill.—He said, under this proviso one Bank might circulate $5 notes issued by another: and thus the people might be supplied with small notes.

Mr. Watkins asked for a Conference with the Senate—and this proposition gave rise to some conversation, in which Messrs. Smith of Isle of Wight, Tunstall, Watkins, May, Ball, and Langhorne, took part.

The question on asking a Conference was lost by a large majority.

Mr. Smith called for the ayes and noes on striking out the Proviso.

Mr. Watkins did not believe, that John Brockenbrough and "W. H. Macfarland, who were honorable men, would evade the law, by using the small notes of each other: but he was not for giving any such pretext to the Banks, and he was against striking out the Proviso.

The question was then taken on striking out, and it was rejected by the following vote:

Ayes—Messrs. Holloway, M'Clintick, Haskins, Cox, Carson, Servant, Deskins, Chapman, Watkins, Hall of Grayson, Taylor of Halifax, Flowers, Armstrong, Smith of Isle of Wight, Wright, Shadwick, Richmond, Farley, Anderson, Orgain, Banks, Smith of Matthews & James City, Goode, Alexander, Woolfolk, M'Pherson, Ratcliffe, Smith of Rockingham, Thomas, Smith of Russell, Culbertson, Bare, Conn, Urquhart, Clarke, Prince, Crockett of T.—33.

Noes—Messrs. Bayly of Accomac, Cropper, Southall, Wood, Cabell, Stuart, Kinney, Cobbs, Mitchell, Snodgrass, Hoffman, Merritt, Flood, Thornburg, Toler, Fox, Corbin, Wilcox, Cardwell, Broadus, Wilson, Vaughan, Lorimer, Ball, Edmunds of Fauquier, Tidball, Waite, Sherrard, Barton, Smith of Gloucester, Daingerfield, Turner, Odell, Park, White, Martin, Reynolds, Smith of Kanawha, Tayloe, Beard, Ramey, Taylor of Loudoun, Taylor of Matthews & Middlesex, Haymond, Clayton, Dunlap, Barnett, O'Ferrall, Hodges, Whitehead, Cunningham, Watts, Langhorne, Yerby, M'Connell, M'Coy, May, Tunstall, Gay, Harris, Carroll, Venable, Roberts, Shands, Sturm, Pendleton, Robertson, Leyburn, Dorman, Crutchfield, Fitzhugh, Goodson, Crockett of Wythe—70.

The Senate's amendment was then agreed to.

The following amendment of the Senate to the House's amendment (on the classification of discounts) next came on: Before the words retained by the House, insert "the Banks accepting the provisions of this act, or that increasing the banking capital of the Commonwealth, passed March 25th, 1837,' and the Bank of Kanawha, in lieu of the classification in its charter, shall class all applications for discounts into three classes, the first class shall consist of all applications for sums of $1,000 and under the 2d class for sums over $1,000, and not exceeding $10,000, and the 3d class for sums over $10,000 and not exceeding $20,000.'"

Mr. May was willing to accept the amendment, which he said, would strip away the objection which he felt for the original amendment of the Senate. Under this provision, all that the Bank would have to do, would be to make one of its clerks classify the discounts, without forcing the Bank to give a preference to one class before another. They would be at perfect liberty to discount any note they might think proper, without regard to the class in which it was found.

Some conversation took place upon this amendment—when Mr. Smith called upon the Clerk to read the whole section in connexion, and that the word "and" be introduced, to order to express the continuity better.—This motion gave rise to some little badinage—and among other things, Mr. Sherrard remarked, that although he found many provisions in the Bill, not very palatable to him, yet he could find nothing in this section, which could be improved by amendment—He was for taking it, without an if or an and.

Mr. Smith's proposition was rejected; and the amendment of the Senate was agreed to.

The other amendments were then accepted, (the House receding from its disagreement)—and all the amendments being exhausted, the Bill was finally passed without making any new amendment, and it thus became the Law of the Land.

The House proceeded to execute the joint order of the day, which had for its object the election of a Register of the Land Office, in place of William Selden, Esq., just resigned.—Mr. Tayloe of King George put in nomination Valentine Y. Conway, the delegate from Lancaster and Richmond.

Mr. Smith of Kanawha nominated Fleming B. Miller, late of Botetourt, and now of Greenbrier.

Mr. Corbin nominated Stafford H. Parker of Caroline, now Speaker of the Senate; which nomination was supported by Mr. M'Pherson.

The usual message was communicated to the Senate, and Mr. Bondurant reported that they were ready to proceed to the election.

The call of the roll was as follows:

For Stafford H. Parker.—Messrs. Kinney, M'Clintick, Hoffman, Merritt, Haskins, Thornburg, Corbin, Cox, Carson, Vaughan, Servant, Waite, Payne, Deskins, Wade, Chapman, Hall of Grayson, Taylor of Halifax, Odell, Park, White, Flowers, Armstrong, Smith of Isle of Wight, Wright, Shadwick, Richmond, Farley, Beard, Anderson, Orgain, Taylor of Matthews & Middlesex, Smith of Matthews & James City, Clayton, Whitehead, Alexander, Woolfolk, M'Pherson, Cloud, Gay, Carroll, Sturm, Smith of Rockingham, Thomas, Smith of Russell, Culbertson, Bare, Conn, Crutchfield, Clarke, Prince, Crockett of T., Goodson—43.

For V. Conway—Messrs. Gilmer, (Speaker,) Bayly of Accomac, Cropper, Southall, Wood, Cabell, Stuart, Cobbs, Mitchell, Snodgrass, Peyton, Flood, Toler, Fox, Wilcox, Cardwell, Broadus, Wilson, Lorimer, Ball, Edmunds of Fauquier, Tidball, Hale of Franklin, Sherrard, Barton, Turner, Botts, Reynolds, Tayloe, Ramey, Taylor of Loudoun, Banks, Goode, Haymond, Dunlap, O'Ferrall, Hodges, Cunningham, Watts, Langhorne, Yerby, M'Connell, Tunstall, Harris, Roberts, Robertson, Leyburn, Dorman, Urquhart, Fitzhugh, Stephenson, Walker, Crockett of Wythe—56.

For Mr. Miller.—Messrs. Bayly of Accomac, Cobbs, Holloway, Thornburg, Vaughan, Hale of Franklin, Wade, Chapman, Smith of Gloucester, Watkins, Martin, Smith of Kanawha, Goode, Haymond, Dunlap, Barnett, May, Harris, Venable, Shands, Pendleton, Robertson, Dorman, Crockett of Wythe—24.

Scattering—1.

Mr. Tayloe, from the Joint Committee, reported as the state of the vote, Parker 43, Conway 56, Miller 24, scattering 1. Necessary to an election 73.

There being no election, the roll was called a second time, as follows:

For Stafford H. Parker—Messrs. Kinney, M'Clintick, Hoffman, Merritt, Haskins, Thornburg, Corbin, Cox, Carson, Vaughan, Servant, Waite, Payne, Deskins, Wade, Chapman, Hall of Grayson, Taylor of Halifax, Odell, Park, White, Flowers, Armstrong, Smith of Isle of Wight, Wright, Shadwick, Richmond, Farley, Beard, Anderson, Orgain, Taylor of Matthews & Middlesex, Smith of Matthews & James City, Clayton, Barnett, Whitehead, Alexander, Woolfolk, M'Pherson, Cloud, M'Coy, May, Gay, Carroll, Venable, Ratcliffe, Sturm, Pendleton, Smith of Rockingham, Thomas, Smith of Russell, Culbertson, Bare, Conn, Crutchfield, Clarke, Prince, Crockett of Wythe, Goodson—55.

For Valentine Y. Conway—Messrs. Gilmer (Speaker,) Bayly of Accomac, Cropper, Southall, Wood, Cabell, Stuart, Cobbs, Mitchell, Snodgrass, Flood, Toler, Fox, Wilcox, Cardwell, Broadus, Wilson, Lorimer, Ball, Edmunds of Fauquier, Tidball, Hale of Franklin, Sherrard, Barton, Smith of Gloucester, Daingerfield, Turner, Botts, Martin, Reynolds, Smith of Kanawha, Tayloe, Ramey, Taylor of Loudoun, Banks, Goode, Haymond, Dunlap, O'Ferrall, Hodges, Cunningham, Watts, Yerby, M'Conneil, Tunstall, Harris, Roberts, Robertson, Leyburn, Dorman, Urquhart, Fitzhugh, Stephenson, Walker, Crockett of T.—56.

Scattering 2.

Mr. Tayloe reported from the Joint Committee, the following as the state of the vote: For Parker 55, Conway 56, scattering 2—necessary to a choice 73.

So Mr. Parker was declared duly elected.

Mr. Smith of Kanawha called up the Kanawha Bank Bill—and on his motion, all the amendments of the Senate were agreed to.

Mr. Kinney called up the Revenue Bill, with a slight amendment from the Senate, which was agreed to.

The engrossed bill "providing for the improvement of a portion of the road from Hillsborough to Harper's Ferry" was indefinitely postponed.

ENGROSSED BILLS.

The following bills were read a third time and passed:

Authorizing the County Courts to have proper indexes made to their Deed Books—To amend the charter of the Moorefield and Alleghany Turnpike Company—Incorporating the Potomac Coal and Iron Company, and the Petersburg Towing Company—Declaring Reedy Creek, Booth's Creek, and McElroy's Fork of Middle Island, public highways—Allowing compensation to the Militia of this Commonwealth in lieu of camp equipage and rations—And incorporating the Scotland Washington Turnpike Company.

The engrossed bill "to provide for the improvement of the Navigation of Sleepy Creek" was read and rejected.

On Mr. Crutchfield's motion, the House adjourned.

Yesterday's Proceedings.

We have no room for a satisfactory synopsis of the Proceedings of the House yesterday. On Mr. Ratcliffe's motion, a Sword was unanimously voted to Col. Archibald Henderson of the Marine Corps of the U. S.

The amendments of the Senate to the Bill concerning the Richmond, Fredericksburg and Potomac Railroad Bill, were amended, on Mr. Crutchfield's motion, and returned. Sixteen engrossed bills were passed: among these the bill "Providing for certain alterations and repairs to the Hall of the House of Delegates." (ayes 60, noes 44)—And the Bill "Concerning the Lunatic Asylums of this Commonwealth."