Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-01-11
Wedues81u. ,Janu1TU 10.

member OF the Executive Council, so as 10 SUBSTITUTE
the lIih day oil February next, instead of Saturday next.
Mr.. May was not for unnecessary huste, but saw no
necessity for the delay proposed, and moved To lay the
resolution and amendment ON the tuble-which motion
was agreed TO.
On motion of Mr.. GooDwYS,
Resulted, That the Committee Of Roads, &c, be in.
structed 10 inquire into the exprdiency OF securing TO the
Legisln ture The right to tax all Railroad and Canal Com
panies who petition the Legislature for any modification
Of their charters.
On motion of Mr.. SnERRARD,
Resoired, That The Committee for Courts OF Justice
he instructed 10 inquire into the OK pediency at 30 mndl.
flying the 4lst section Of the oct entitled " an acl rednc.
ing into one the several acts concerning slaves, Tree ne.
groes and mulaiioes,' passed March I'd, Icy, rs To au
thorlze persons holding 4 life estate in slaves. or their
increase, to remove the same beyond The limits of this
ColnII"nwealtl, without mourning u forfeiture.
On motion Of Mr.. FISHER,
ResOleed, That the Committee on Counts OF Justice
be Instructed TO inquire into The expediency Of SO amend
ing The penal laws OF This Commonwealth, Us 10 more
etiectually prevent frivolous and vexulious prosecutions,
by placing in tie hands of the Juries, who try The causes,
the power 10 allow or withhold cosls in every misde.
Ineannr case whatever.
On motion of MIR. Buck,
Rcs0ircd, That the Committee on Claims be instruct.
ed 10 inquire into the expedicncy OF allowing some com.
pensaliDn 10 citizens OF VIrginIa, who were Soldiers OF
the Revolutionary Army, and who assisted in the reduc'
ton OF the British forces nt York To~a, but whose term
of service did not amount to six months, and who con-
sequen,ly are prrcIuded from Tue benefit of the law Of
the 9Th June, lS32.
On motion of MI. CHarMas of Giles, a resolution Of
enquiry was adopted, as 10 allowing lu james Albert The
sum of S2S 81, as compensation for trouble, expence,
&c, incurred in arrrsting John Lucas, charged with the
commission of murder.
On Mr.. TAYLoEs motion, 4 resolution OF enquiry was
directed into the expediency al amending the laws in
relation 10 fisheries, aud the privileges Of fishermen oil
the Potomac River, and its branches.
On MIR. VESABLE's motion, 4 resolution Of enquiry
was directed to be made by the Committee ON Roads,
&c. into The propriely of enacling n law authorizing the
Upper a pponattOx Company to engage in the transport
alinn of produce on he river a ppo,natIn1.
On the motion Of Mr.. ROBERTSON OF Richmond, the
following resolution was adopted :-ResolDtd, That so
much Of the Governors hlpssagc as relates 10 the Rich
mond and Petersburg Rail Road Company, be referred
to inc Committee Of Roads and Internal Navigation.
On MIR. MAY's motion, the following resolution was
adopted :-ReS0irrd, That the Committee OF Courts of
Justice he instructed 10 enquire into the exPediency OF
diminishing the number ri The monthly and quarterly
terms Of the County and Corporation Courts.
On motion Of Nj. CHAPMAa OF Giles, The Committee
of Privileges and Elections were instructed to bring in
q bill, providing that The officers conducting the Elec.
lions in tiles and Mercer counties shall comparc the
polls al Giles Cnurt.lunsc.
On Mr.. TKIFLErrs motion, leave wus given to bring
in a bill In explain and amend the act Of Feb, le22,
concerning Elk aud Guyandotte Rivers.
On Mr.. GKAYs motion, So much at The Governor
Message as relates 10 The Militia was referred TO the Com.
mittee on that suhject-wilh instructions to enquire
what amendments are necessary in the various Militia
Laws.
MAJCR EN ERAL. .
On motion cf Mr.. LEYBuRS, the House took up the
resolution laid upon the table by him a few days since,
for the election Of a Alajor.General, in The place of Gen.
Campbell, elected Governor.
The resolution was amended, on MIR. LEYBURN's and
Mr.. YAScEY's motion, sn as to read as follows:
Rrsoired, That this House proceed, by joint vote with
the Senate, on the 18th instnnt, IL the election Of a MAJOR;
General, to supply The vacancy accustomed by the cleo
liun Of Gen. David Campbell as Governor Ut this COM
monwealIh.
Mr.. FISHER suggested The insertion OF the word eds
qualification" so Ms to test the sense Of the House, but
Withdrew his suggestion.
Mr.. MALLORY thought the House was acting hastily:
IF the Governor refused 10 vacate the Office oil MAJOR.
General, hlr. N. was not prepared to say that he could
be compelled to do SO. lie was the Commander.in.
ChirG-nnd it was by no means certain the offices were
incompatible. Colonels were appointed brigade insPec-
tors, and captains ad lutants, without yacatlny their oil.
fees. The resolution should lie a few day L,nger. An
occasion might require the services Of the division, and
The Governor might contend for his rightto command 1t.
For one, MIR. Nj. was taken by surprise on the question,
and therefore moved 10 lay the resolution on the table.
Mr.. May asked Mr.. Mallory to withdraw the motion,
so as To allow The gentleman from Rockbridge to give
his views on the subject. MIR. Mallory %lhereupon with
drew his motion.
MIR. LrypuRs stated that the Governor was not averse
10 n settlement of The question-Though that gentleman
had doubts, he was inclined 10 the opinion, that The OF.
fees did not conflict, and it would be- agreeable 10 him
10 have On expression Of the Legislature. Many MEN,
beers entertained the opinion that the question ought 10
be presented, and MIR. l. had himself laid The resolution
on The table, so that there might be no premature deci-
sion. He absoIved himself from a want OF courtesy 10
wards the Governor. AS Commander. michel, Inc Go.
vernon controls and regulates all. Would lie, in case OF
The service of Ills division being required. descend from
his present high place to take the office OF Major Gene.
raj Such n course would create cnnlusion-and such
n want Of system was not contemplated oy our poiicy.
It was important to have n full and well.organIzrd mill.
tia, aud 10 have every office properly filled. so that, when
necessary, each officer could al once take his post. Mr..
l.. had M special interest in this questionable had no
personal friend to elevate and his only purpose was TO
test 4 mnvled question.
Mr.. Mar renewed the motion 10 lay on the table, but
/ withdrew il, for Mr.. MalIory's motion 10 refer the reso.
luton 10 The Committee for Courts Ut Justice, as best
qualified to decide the question.
hlr. TAYloE moved lis reference to a select commit
tee-whiCh motion prevailed, and the following gentie-
men we're appointed said committee, viz:
Messrs. Mallory, Tayloe, Leyburn, May, Cabel,
CrntchGeld, Kinney, Lucke,l and Randolph.
MIR. MAY called up the bill "to authorize the Circuit
SUPERIOR Court of Law, &c for Augusta county, to
hold and continue its intermediate Terms fur The peri.
cd of sixty days, if the business of the Court shall rem.
der it necessary"-wi,h the Substitute proposed ty the
Committee for Courts OF Justice. The Substitute en-
acts sslllat all intermediate terms of the Circuit Superior
Courts Of Law and Chanccry, including those which
NAV have been heretofore appointed 10 be held and have
not yet commenced or expired, shall and may be CONT.
nucd and held for SO long q period as the Judges thereof
respectively shall think proper, any law TO the contrary
notwirh nding This Substituted bill was adopted
and WINS ordered 10 be engrossrd.
Several other bills had their I'd reading.
On motion Of Mr.. MoRGAS,
Resoi1cd, That the Committee of Privileges and
Elections be instructed to inquire into the expcdiency Of
50 amending the ''act concerning general elections in
this Commonwealth, as TO provide that, il the officers
and commissioners appointed 10 conduct separate cleo.
tiuns, shall fail to make The oath or affirmation required
BY said act, they shall ne nevertheless proceed To take the
POLLS, for which, they were So appointed, and make onth
or affirmation afterwards, verifying lhe correctness Of the
same.
A report, of tie Committee for Courts of Justice was
rend. on OH instruction TO that committee ~ inquire
into the expedicncy Of SO amending the law, as 10 re-
ouire the presence Of one magistrate only in all aPphca-
ions for REIMBURSEMENT Of dover, instead Of two, as
now rsquired-The report concludes with The following
Resolution:
p.si.L O ,Lc n,;n;nn Of Ills cnnnliiIee. That il is