davidaulloa/AmericanStories huggingface dataset:
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19
souTH-WEsTERN ROAD.

The important and highly meritorous bill for
incornora,inr the President and Directors OF The
South western Turnpike, was again under con-
sidera,ion In the House Of Delegates yesterday.
II was further amended, on several motions made
BY Mr.. Goodson. The bill provided, that the
Board of Public Works should borrow, on The
credit OF The State not exceeding S750OO per
annum. and not exceeding in all $685. 600, for the
purpose of making the road from Buchanan 10
the Tennessee line. Mr.. Leake submitted an
amendment proposing TO strike out this Provi-
sion. and 10 substitute In its place clause APP
propria,ing directly from The Treasury The sum Of
$4,000, 10 carry into effect the object OF the act
during the year that shall eapsc from its passage.
Upon this proposition most extended and inte-
resting debate ensued, in which Messrs. LeaSe,
Bocock and Broadus advocated, and Messrs.
Goodson Lyons, Pendleton and STROLLER opposed
the amendment. MIR. Lyons proposed an
amendment 10 the amendment, "pledsing
the faith OF The State to complete the road
az the financial condition Of The Stale shall
enable j, 10 do So" And upon this ameudlnen, the
debate was continued, but il was finally Withdrawn
at the suggestion of Mr. Pendleon, who indicated
that the friends OF the bill would consent 10 vote
for Mr.. Leake's proposition, trusting to future le
pislalures TO carry on the work and make the ne
cessary appropriations for the purpose The vote
was taken and carried in the afhrmalive-ayes
70. noes 80. The bill was further amended BY
Mr.. Marlz. reducing its width from 66 10 40 ieet;
and BY Mr.. Harvie, requiring The $4,000 TO be
expended in constructing The road from bucha-
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19
LEGISLATURE OF VIRGINIA.
"WEDNESDAY, DECEMBER u, lS45.
HOIISE OF DELEGATES.


The following resolutions were presented and
adopted:
BY Mr.. SCOTT. That The Committee for
Courts OF Justice enquire into The c1pedency Of
reporting bill No. 90, which passed this House al
lis last session.
By MIR TOLER. That the Committee on
Finance enquire into the expediency OF passing
law, requiring the County Courts or the Com
miSsioneIs Of The revenue 10 cause such toll.
bridges in their respective counties and corpo-
rations NAV not now be assessed as real estate,
TO be SO assessed.
On motion OF Mr.. NEAL ordered tina, 200
copies OF the proceedings OF the Railroal Conven-
lion, which assembled at Clarksburs, be printed.
Petitions, &C., were presented and referred
By Mr. THOMPSON Of B. or citizens of
the town OF Fincaste and county OF Botelourl,
for charter Incorporating Savings Institution
in the town OF Fincase by the name and style
Of the "Farmers' and Mechanics Savings Bank
in Fincaslle."
By MIR. HALL of Taylor. OF citizens OF
Taylor county, for the incorporation OF compa-
ny 10 construc, Railroad from some point on
the Ohio river North of the Little kanawha, 10
some point on the Potomac West OF The South
Branch.
By Mr. HOLLADAY OF the Mayor and
Common Council of the Town OF Fredericksburg
for the passage of an act authnrislne said Mayor
and Council 10 subscribe 10 the improvement OF
the Rappahannock river.
By Mr. FAIRFAX. OF citizens Of Preston
and Randolph counties, for the formation OF a
new county out of parts Of the same. Also, OF
citizens of Hardy county, 10 be embraced with
in the bound, OF a new county 10 be formed on!
OF parts Of Preston and Randolph counties
BY Mr. HARPER. or The Trustees OF Wash
ington College in The county OF Rockbridge, for
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19
ESSIONAI.

In the Senate, The business of ballotrg lor
elleciing the standing comiltees was finished
We give in our report the list, a. thus comp
The selections have been Judiclous, and well
with general appreciation.
After brief discussion relative TO the enc
OF the public printing, the Senate projected Z
election otprinler The proprielors Of the ~
were elected. They are fully sensible OF ~
sponsibiity and honor thus conferred upon I"
and will, with all fidelity, endeavor 10 dl,ct
their duiy in the execution OF The public pm
In The Uohse an Interesting debate oiigl1
on The renewal OF a motion by Mr.. Levin =.
reference ofccIlain resolutions, introduced :;
Winthrop from the Legislatureoi Ms>saclo.
asking for revision Of The naturalizator {
10 a select committee, instead Of Ia the JG
COMMITTEE.
Messrs. Levin, Winthrop Owen, ami q
commended for the reference 10 select comm
on the ground that The subject ITSELF, on ne
OF lis intrinsic character, as well as IN con-
lion Of the source from which The resolution,
emanated, should be 50 referred ON ;heg,
side, Messrs. Maclay, Broadh'ad. cnifmai .
many Others, spoke al greater and less lrh-
Finally and near the usual hour u afowt"s
Mr.. Levin moved that the subject q ne n''s''
of any alteration in The naiufalizdlion 'aN>
if 50, what alteration, should b. referred 4
lee, committee After speaking on .te :,
>ublrc, thus presented for hail an hour ,
moved an adjournment; and The lior>t
inglv adjourned Till Tomorrow, al The u'it
This debate was listened 10 by sefy
audience, thar rtronsei tie galleries. 4 4
number OF auditors will doubtless IT, at,'r
the House tomorrow.
TTn0n II UtG'nt0iGg .
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19
CHRIST HEALING THE


Twenty seven thousand persons vI,''
celebrated Painting during rs exhibition -,
months in Baltimore. In Boston, snnls.
cess attended lis exhibition. The nUmtr
have seen il in Richmon al The Trinity :.
considering The Indictment whether, hd't
equal 10 The expectation OF The proprie'oi'
annex the following from the Noble -
and Journal. The picture can be seen .
and tomorrow. Yesterday says me ~
'.lhere were more persons betore lh's pan.
the Methods, Church, than has been F!e
any one time since i, arrived IA .nop'"
s,cad OF the usual lectures al anu
.s ,veIl az and ; in the evening, me- ~
I'D NEARLY every hour in The day. y;
p !, ;,Iormati6n, we learn that not less 'iai
,hon.and citizens, country people and >ia'
,not long admiring look al he beauty
,nogoificence which constitute ne scene
which is doubtless equal IN maJesiy 70 az
travail ever presented BY The hand Of w y
To see embodied, some sky OF >eFeh,S
painted The size Of lie, exhibiting all Iae =
and passions OF The human family, ahe Y /.
mankind depicted in conditions g ''
and ditIerrn, as is figured ont upon NJ =
i, would seem, was sufficient 10 ira"
most every person within twenty ~
cily.n
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19
KfrI1t11noru 1str4tttrKf.

directing him 10 bring the person OF peIsoas rsor
fore the said Court, as well as any o,hei p.'s
or persons confined therein VINO may ue .,v
as other tor The Commonwealth or Tue Pa''x
oh. ,aad which warrant The said keeper shah
obey"
II was affirmed upon the part of the Common
wealth that the words "as well as any o'hci r.
son or persons confined therein, who may DC WI
nesses either for the Commonwealth or ioi '"'
marty charged removed the disability as 10 con-
victs esliiying against convicls that they were q
community of lclons, shut out from inc ie'' y
the world and that i, would be Impossible 70 pun
ish any offence committed by Them, unless resort
was had 10 the testimony Of their fellows
II was argued, on the part OF the prisoner '"a'
The Legislature had altogether overlooked lhis mat
Ter. and had failed 10 make provision Tor ]; ina.
il was not possible that the Legislature ih'ehue"
TO remove all the disabilities, as The constructor
pu, upon The statute by the Attorney General
would do; that il could not be supposed llia' '''e
Legislature intended that a negro should Oe d
witness against white man, husoahu io' y
agains, vile, or wife Tor or against husodiu'
or that a man who had been convicted OF perjury
should be heard as witness even against con-
vic
A majority Of The Court concurrcd in sustain
ing the judgment OF the Court below, aI'ho"s"
they differed among themselves as 10 The reason
ing which led 10 the conclusion. Four OF me
Judges were for reversing the judgment. Inc
majority Of the Court relied upon the oo'n SEC
lion OF the penentary law, (which is IN 'hese
words "The Superior Court OF Law Tor the co"h-
" OF Henrico at any stated term, shall nave
power and authority 10 hear and determine snch
offences, and The same power 10 bring The ofien-
ders and witnesses into Cour as is given 10 The
special Court hereby authorized, and The same
persons shall be competent witnesses IN each
Court, as asceraining the true meaning and m
tention OF the 5Sth section
The writ Of error was, therefore, denied.
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19
GENERAL COURT OF VIRGINIA,
S.rrnn.x Dec IL lS4h
SATURDAY, Dec. IS, 1913.
qJaece Toboeou nc Conn ,0n,rroNh

Moses johnson VS.. Commonwealth.
This was an application, BY the petitioner, for
wri, of error, 10 judgment, OF the Circuit Su-
perior Court OF Henrico. The petitioner who
was convict in the Penilenliary, was indicted,
on the 10Th September, for the murder OF Felix
Ferguson. an assis,an, keeper and turnkey in
the Penilentiafy rebellion, assault, &c, and was
found guilty by the jury upon each count OF the
indictment, and sentenced, BY The Court 10 be
executed, on Friday, The 10Th Of The present
month. Upon the trial. in The Circuit Court, The
Commonwealth introduced as witness, one
Philip Mcleod, 10 whom the prisoner objected,
upon the ground, that, By the statute law Of Viz
cinia, he was disqualified, and rendered incompe-
Ten, 10 testify. The Court below ovcrruled The
objection and admitted the convict as witness,
10 which opinion OF The Court the prisoner ex-
copied, and brought the question before this Court
The prisoner relied upon The following sections
Of The act concerning witnessrs-lst vol. Revised
Code, page SIT:
/. "Be i, enacted, that no person convicted OF
any treason, murder, or other felony whatsoever,
shall be admitted as witness in any case what
soeyer. unless he be first pardoned, or shall have
received such punishment as By law ought to
be inflicted upon such conviction"
2. mo person convicted OF perjury, although
he be pardoned or punished for the same, shall
be capable Of being witness in any case"
8. mo negro, mua,to or Indian shall be ad-
mil,ed 10 give evidence but against or between
negroes mulauoes or Indians"
He ccnended, that the disability and incompe
,ency declared By the sections above cited
were moi removed by the 5Sth section of The
Penilen,iary Law, found in Isl vol. Revised Code
page 630; because that statute was ont
merely directing the mode of proceeding
10 bring the parties into Court, and did not BY TIT
spirit or terms oil il, alter or affect in any wise h
character Of the witnesses whilst in Court; tha
the whole purpose and object of the statute wer
effected BY bringing the parties into Court, ant
that their competency was 10 be there determined
BY the same principles and laws which govern il
cases of other persons. The section OF The STATUTE
under which the Commonwealth maintained hi
competency Of the witness is 10 these words-Ith
| statute ennmerales certain offences commited b.
The convcts, which shall be punished with death
further Imprisonment, solitary confinement, sc ]
"Sec $50 bring The person or persons
charged with any Of The said offences, before th
said Court for trial, the Judge Ii. e. OF Henric'
CircuD shall issue his warrant under his hant
and seal 10 the keeper Of The Jail and penitenliary
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19

nan Westward, as far as the amount approPr'd-
ted would complete il. The vote was .nen 'aAe"
upon engrossing the bill, aud il was ordered 70 US
third reading b. large MAORI y, d6 10 80 II
will probably come up to-day on us passage
Duringthe discuss on. some amusing ana goo"
natured passes" took place between Messrs. DO
cock and Lyons, on The subject OF "crises IN
land seas" &c.
We are forced 10 deter The debate until to.mor-
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19
Phren0IocicaI Notice

DR. WORSTER'S seo.a. - I.1 4,
~ place al The Odd Fellow IA ~ /,
Ing Dec. ~. The ,hird Lecture :" :
evening %. Tickets for he eoo.+ 30
single Lecture IS cts. The Laiies
cully invited free Of charge. ~ Al.
chronological Office opposite 'D 80. =.
where persons are examined ana e"I ,,uri
with synopsis Of character from :; - "V -.
hours from s o'clock A. NJ, I'LL l. q =
Dec. l9
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19
DIED.

Died, al Level Grove, his Ies.len'e. :" ~
wick county, Virginia, on F!itaE rs
cember, Captain JoHS Joss, assl IL
years eish, months and twelve cay
when very young in the RevoInAgpe' -
was present al the lnemoiaele en- go,
Guilford Court House, and io' man ,'r,,
sen,rd his county in The Safe Lfs,s'. ',s.,
died in The iull assurance I: 1aft'
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19

Weare requested TO stale, that John II. Cuslis,
Esq, will mol be candidate for reelection next
spring, TO The House Of Delegates, from the coun-
" Of Accomack. We hope our friends on the
Eastern shore will not allow MIR. G.. 10 wi,hdra W
from post which he fills so well.
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19

Messrs. Richie & Heiss have transferred their
subscription list for the Congressional Union tc
Messrs Blair & Rives, who have already pub.
lished the first No. of the Congressional Globe
|, will be work OF interest and value.
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19

We have seen letter from VIM. Smith, Esq,
Of Fauquier, which states that he will be in Rich
mond on the 31sl December, 10 enter upon The
duties andresponsibilies of Governor OF Virginia.
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19

lain. nor Mr. Richie Printer Of the Senate"
Htdne!dapS Wing.
The letter Of our Washington correspondent
shows that The very kind hopes" of the Wing
are cruelty blasted. Messrs. Richie & lIeiss
are elected Printers OF The Senate by majority
OF seven We know that this additional evidence
of the confidence Of The united Democracy OF The
Union in The late Editor of the Enquirer, will
be received with pleasure BY the Democrats OF
Virginia, to whom it will be conveyed in this
mornings paper We go further, and assert
boldly that We are satisfied that the success OF the
Editor OF The Union will be gratifying 10 large
majority of this Wing community, in spite Of the
illiberal course Of the TWO Wing papers of Rich.
mond. When we say this, We speak knowing
ly-for, wherever we have been, whether in
private or public society, we have been assured
By Wings, whose good opinion is worthy OF ap-
probation, tha, The election of man with whom
they had associated for SO many years, and who
never suffered party feeling 10 violate the obiSa-
lions Of friendship and courtesy, would give plea
sure 10 the mass Of the Wing party here.
This subject OF public Printer" has, in the
Wing dialribes, made almost as much noise as
the Oregon "war." II is now over, and We shall
examine its merits. We shall show The character
Of The fierce opposition to the "Union," IS deve-
Hoped in the debate in the House of Representa-
lives, in which Thomas H. Bayly demolished
Mr.. Clays peculiar representative, Garrett Davis
In few days, We will publish that debate. The
Wings have invested The subject with interest
they shall be dosed with their own medicine.
We SHALL also, give brief chapter on Young
Democracy" and show OF what strange materials
IL is made Of. Enough for the present.
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19

The following eloquent and conclusive paper
is from one of the ablest and mos, distinguished
Republicans in Virginia Mr.. Polk should high
ly appreciate so strong testimonial from such a
man. We shall add nothing 10 paper which
speaks It's own merits:
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19
THE GENERAL COURT

Have adjourned till the next term Gin June,
The decision in the Parkersburg case. We IN
derstand that out of The fifteen Judges, twelve
are agreed upon he subject OF The jurisdiction
OF Virginia, viz that it extends 10 The actual
raicr line, at The particular time OF any occur
renee. This line, of course is not fixed, but
shifts according 10 the rise or TALL OF water, from
.resbests or low water If this line be agreed
upop. and il strikes us 10 be 4 rational and sound
test, the onence charged upon the Parkersburg
prisoners will come within the jurisdiction OF
Virginia.
We hear that three Judges were for sustaining
low-waer mark as the line OF jurisdiction This
is laid down by Chief Justice Marshall in sin
gle case in the United States Supreme Court, and
was, al first, considered es,oppal to The Jurls-
dclon of Virginia. But Mr.. Patton boldly TOOK
"lhe bull by the horns" attacked This case al The
outset and ably and concusively proved II TO be
nothing but bundle Of assumptions OF law and
OF facts.
In view Of this great impedimen,, thrown in
the way by the great name OF Marshall, and oil
the learned and skiul efforts OF OF Ohio's FIRST
lawyers, Mr.. Vnlon the probable triumph OF Mr..
Patton and The Attorney General must be regard,
ed as signal victory. 1t is understood that
when The Court assembled, majority OF the
Judges considered themselves bound by Judge
Marshalrs decision and, OF course, were under
he impression, that Virginia had no jurisdiction
in The present case But the light thrown upon
The subjec; by The legal learning and talents OF
Messrs Patton and Baxter removed the doubts OF
some oil the members OF the Court, and decided
their voice Tor The jurisdiction OF Virginia.
This decision, which We may confidently expect,
will clearly define the rights of Virginia, and
will be eminenlly calculated 10 give peace and
safely 10 the Western borders OF our State, at
present 50 much harrassed by The Abolilionisls OF
Ohio.
We learn, that Judge McComas will immedi-
a,.ly mold a >paoi@i torn, :" uiI@i 10 aiiV- Tho
Ohio kinappers 10 give bail fol their appearance
when The General Court shall make its decision.
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19

~ dpPiOSid'S ~ '1iop6 q hOil SuCH II
man. We shall add nothing 10 paper which
speaks It's own merits:
To the Editors Of he Enquirer
LYScHRuRo, December 8, ls45.
The first annual communication of the presen,
Executive Chief Magistrate 10 Congress, is now
before the American people, and will certainly
command their hearty appreciation, whether it be
considered in regard 10 its literary merits the
ability of its arguments, the repubicansm OF
its principles, or the patriotism Of its views |
cannot imagine 10 myself State paper more re-
plete with statesmanlike views, republican prin.
ciples, peaceful desires, and unblenchins firm
ness. The style is simple and perspicuous, and
every expression clear and unequivocal. There
can be no misunderstanding OF what the Presi-
dent says, or mistake as TO what he means.
The Texas question is presented in most i'm.
posing and interesting point OF view, and the OBJ
legation Of Congress 10 admit Texas inp the
Union without obstacle or delay, enforced BY ar
gumenls the most irresistible and conclusive -
The moral and beneficial influence Of this
brilliant example Of two independent republics,
in the mids, Of profound peace, uniting their
deslinies, and embarking upon common bottom,
will be seen and felt through all time, and avert
much OF that system OF bloody conquest which
has hitherto disgraced and dishonored so many OF
The civilized nations of the earth. Ii is one Of
the proudest triumphs OF civilization, and affords
the most satisfactory evidence that the march Of
Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-19

Owe hope that neither Mr.. sprole. who we under
stand 10 he dexerous Courtier, will be elected Chap
lain nor Mr.. Richie PRINTER Of the Senate"
Hfdur sdaU's Uhi0.
The Columbian fountain., 1845-12-13
MARE ED.

AT Easton, (Pa.) on the Sd inst, by the Rev
DR.. GRAY, the Rev. .NINlAN BANNATfNE
co-pastor elect Of the + street Presbyterian
Church, Of this city, to AMELIA A., daughter OF
the late Rev. DAVID BIsHop, OF the former place
AT Locust Grove, Montgomery county, Mary
land, on Tuesday, the 9th inst, by the Rev. WM
PINKNEy, Benz AMIN BEALL, Of this city, to
Miss SUSAN ANN, youngest daughter OF Mi
chael Connolly, Esq. 81 .tsH3it
On Sunday evening last, the '7th inst, by the
Rev. DR.. MULLER, Mr.. HENRY KUHL to Miss
MARY f. FOWLER, all of this city,. M
On Sunday evening last, by the Rev. Mr. VAN
HoRsEIGII, MIR. FRANCIS NJ. JAKBOE, former
ly Of st, Mary's county Maryland, to Miss HAIR
RIET McJlLTON, of this city. 44h
On Tuesday evening last, by the Rev SEPTiMys
TUsToN, Mr.. j. w. NICHOLS TO Miss MAR
THA E. WALKER, both of Georgetown, j. y
The Columbian fountain., 1845-12-13
AN APPEAL

To the friends Of Temperance
BRETHREN: Having identified myself with
your cause for many years past, feel that may
venture, with safety, to trespass for a moment
upon your indulgence. Prompted by desire 10
honor God, we are engaged, as you are aware,
in the erection of a new Church edfice. This
enterprise is not designed to invade any other
communion, or to interfere with any other organ
lied congregation, but from the autapprpriated
materials which are yet lying, as it were, in the
open field, to rear spiritual supersrnclure to the
honor Of Jehovah's name. Thus far God and the
people have smiled upon our efforts, and our
Church edifce is now enclosed. But we need
further aid and the ladies who in part compose
the congregation, will commence a Festival on
Monday evening next, in Ibdd's Concert Hall,
for the sale Of Fancy and useful articles and Re-
freshments May not solicit from you smile
of encouragement? Be assured that any sub
stdntial eyidencc, howeuer small, of your friendly
regard, will be long and gratefully remembered
by your fellow laborer in the cause Of humanity,
SEPTlMUS TUSTON.
N. B. The Sons and Brothers Of Temperance,
and The other Benevolent Societies achose princi-
Piles naturally prompt them to deeds Of charity,
wiH not read this appeal in rain. S. L.
Washington, Dec. 8, l845.