Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1847-01-01
LEGISLATURE OF VIRGINIA.
TUESDAY, DECEMBER 20, 1916.
HOUSE OF DELEGATES.

bill 10 incorporate the Big Spring manufacture
ing company 10 the county Of BoletouIt, which
was read The first time
A communication was received from The Co.
vernon, enclosing the proceedings Of certain cil-
zens of Marshall county on the subject OF Con-
vention 10 amend the Constitution. Laid on the
table and ordered to be printed.
BILLS PASSED.
The following engrossed bills were read third
time and passed:
A bill 10 authorize the Lynchburg and Salem
Turnpike Company TO McAdamize their road,
and for o,her purposes;
A bill authorizing The Hamilton Lodge, No. 80,
Of the lndepeuden, Order Of Odd Fellows, in the
City OF Williamsburg, 10 hold limited amount
OF property, and regulating their tenure; and
a bill 10 facilitate the transfer OF stock in Joint
stock companies Of this State.
The engrossed bill, subscribing on the part of
the State for two-hhhs OF the capital stock OF the
Giles, Fayelle and kanawha Turnpike Company,
was laid ON The table in consequence Of The thin
ness OF The House.
The bill on its second reading, providing for the
construction Of a turnpike road from the North
Western road to The town OF New Marlinsville,
in the county of Welzel, was taken up The
BURDETT. On motion Of Mr.. BURDETT,
il was recommied.
The bill on lis second reading, (,he House
being him. making an annual appropriation Of
$4,000 dollars 10 The primary schools, was laid on
the table.
THE VOLUNTEERS.
Mr.. STEPHENSON referring 10 the publca-
ton by Capt, E. c. Darlington, Jr., [made in the
Times and Compiler OF this, Tuesday, morning)
said that i, exhibited strange difficulty which
had arisen between The Executive and that officer
which he thought ought to receive the attention
OF the House, and in order 10 bring the matter
tetore ii he offered The following resolution:
Resolred, That the Secretary Of the Common
wealth OF Virginia be requested 10 furnish this
House with copy of a correspondence between
himself, as Adjulanl General, and Captain Car
rington, in relation TO the expenses incurred by
said Carrineton'S company OF volunteers.
Mr.. STEPHENSON said, as he understood
The difficulty, Capt. Darlington had incurred ex-
peDses for clothing his company before il was
mustered into The service OF the United States,
and that the Governor had refused 10 pay these
expenses out OF The fund appropriated by the Le-
sislalure. He understood that the Governor re-
fused on the ground tina, the appropriation was
for provisions only, and not for clothing. The
Governor had taken ground not designed by The
Legislature, and thrown on Capt. Darlington the
burlhen Of debt which he ought not 10 be forced
TO pay 1t was not his design, nor did he believe
il 10 be The design OF this House, that any such
responsibility should be thrown on any OF The Of.
6cers ofthe new regiment. He had voted for the
bill, as he believed the House did, with the de-
sign that all expenses whether for provisions or
any thing else necessary for the volunteers, were
to be paid out of the appropriation II would be
hard, indeed, il a young man, who had by hisex-
ertions raised volunteer company, should be
compelled to pay for their clothing. Forthe in
formation Of the House, he stated that, in con
versaion with the Governor, he learned tina, the
whole expenses TO be paid out of The appropria-
lion for the volunteers would not exceed thou.
sand dollars;-sc that the refusal to pay the bill
for clothing did not result from a want OF funds,
but from something else He offered the resolu-
ton TO get the correspondence before the House,
so as to relieve Capt. Darlington from his en-
barrassment.
The resolution was then adopted.
Mr. DORMAN, soon after the adoption OF
Mr. Slephenson's resolution, arose, and, after re-
ierring 10 it, expressed the opinion that The diff
Guilty referred TO by Mr.. Stephenson, could be ca
silly settled by the House. He had no doubt that
it was entirely the result OF misconstructon.-
He felt satisfied that The Governor had acted con-
scienliousy, according TO his construction OF the
law. But he believed it 10 be misconslruction.
He felt assured that it was the intention Of the
L.
legitimate expenses for those things necessary for
The comfor, and wants OF the volunteers were 10
be paid. But he was convinced this matter could
be all settled 10 The satisfaction of the Governor
and Capt. Carrington; and the resolution he
would now offer, he believed would have that Ell
Iect. He would have made it JOINT resolution;
but the Senate was not in session, and would not
be possibly until too late 10 meet the emergency,
as the volunteers were probably soon 10 be order
ed on their way 10 Mexico. He proposed the fol-
lowing resolution:
Resolved, BY The House Of Delegates, That it
be certified to the Governor OF this Common
wealth, that this House, in passing The law ap.
proprating ten thousand dollars for the relief OF
The Virginia regiment Of volunteers, intended
TO embrace all proper expenses incurred by the
officers in charge Of The several companies; and
that liberal construction ought 10 be given TO
said law in disbursing The appropriation afore.
said.
Mr.. STEPHENSON said the resolution met
his concurrence. He was prepared 10 vote Tor H.,
and hoped the House was. II il were adopted, il
would do away with The necessity for the resolu-
ton he had introduced.
Mr.. BOCOCK was not prepared to vote for
the resolution. He had not read the correspond
ence, and did not know what construction the
Governor had placed upon the law. The resolu-
lion, Mr. B. said, was a strange one and pre-
sumed to say what the Legislature meant in pass
ing law He commended that il was beyond The
power OF the House of Delegates TO construe a
law Tor those who had 10 execute H. II could
neither consrue nor change the law. j, may be-
The Governor had construed The law properly; il
so. The Legislature could not change his construc-
ton, and nothing les, than the legislature could
change The lao. Mr.. B. said the resolution proposed
novel proceeding, aud he preferred 10 await 10 see
The true nature oflhe difficulty and learn whether il
was in the power ofthe House TO heal it. No one
would be more reluctant than he 10 involve
Young man in a responsibility which did not pro-
perly belong 10 him. bui he could not consent TO
depart from the fundamental principle that il
takes both The House OF Delegates and the Sc
nate 10 act 10 The matter OF changing and defn-
ing law.
Mr. JONES of Chesterfield, confessed himself
10 be in a situation like that of the gentleman
from Buckingham, (Mr. Bucock.) He had not
seen the correspondence alluded TO. He was
nevertheless inclined to believe from what he had
heard among the members Of the House, that The
construction OF the law BY the Governor was diff
ferent from thai he (Mr. J intended In voting for
il. But he could see no advantage from The adoption
of the resolution. What would the Governor do
were il sent 10 himl He might declare that he
CONQUERED 10 The sentiments OF The resolution,
but adhered 10 his opinion that bis construction
had been the proper one-that j! had been just and
liberal. He might, loo, question The right oil The
House 10 cons,rue the LAY for him. MT. J. thought
il better not 10 adopt such resolution.
Mr.. DORMAN said he would cheerfnlly &C
quiesce in the seruples oil gentlemen, and con-
sent that the resolution be laid on The table. 10
give time 10 examine the correspondence. de
moved that il be laid on the table.
The motion was agreed 10.
MIR. BOCOCK suggested the proprieiy OF OBJ
tanning additional information TO that called Tor by
Mr.. SIephenson's resolution. He moved 10 re-
consider the vote by which that resolution was
adopted: which motion was agreed TO; and Mr.
BOCOCK offered the following amendment 10
MIR. Stephenson's resolution, TO be added at The
end } which Mr.. S. accepted; and, as amended
The resolution was adopted:
"Also, with a copy Of the claims. which have
heen preferred for payment under the act OF the
OH Of December, stating The reasons which have
prevented The payment Of such as have been re-
jected."