Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1865-12-06
Virginia Legislature.
SENATE
TUESDAY, December 5, 1865,

daily attendance Of some Of the city clergy who shall
open the sessions with prayer.
The resolution was adopted
Mr.. GILMER, of Richmond, offered a resolution for
the appointment of a committee Of five 70 revise and
amend the rules and regulations for the government
Of the Senate
The resolution was adopted, and the following
committee appointed
Messrs. Giimer, Trout, KellO Coleman and Boil
ing.
Mr.. ROBINSON OF Norfolk. asked leave to introduce
bill amending the 81 article Of the Sd section OF the
Constitution, and that committee Of five be APP
pointed 70 consider and report on the same.
Leave was granted and the following gentlemen
were appointed a committee for that purpose
Messrs. Robinson, Gilmer, Carter, Lee and
Meade
Leave was granted the committee to retire, and on
their return,
Mr. ROBINSON announced that he was authorized
70 present bill, identical with the one now before
the other House, and the rules being suspended the
bill was ordered respectively TO its frst and second
readings and ordered 70 be engroSsed.
Mr.. DELANEY presented petition from alter
Powell Sheriff of Fairfax, 10 be allowed to collect
taxes Referred To the Committee on Courts Of JUS
tice.
An invitation was read requesting the attendance
. Of members az a religious meeting, 10 be held al
I 73O p NJ, in the hall OF the House OF Delegates
under the auspices OF John W. Iatum OF the 90
/ ciety Of Friends.
Mr.. RosINsoN asked leave to introduce bill to
| amend an act concerning Indian Pole Bridge, and
another to incorporate the Norfolk City Railroad
| Company. Granted.
M TEorT was granted leave to report a bill to
! Incorporate the Virginia Insurance Company.
A message was received from the House request
ing the concurrence Of the Senate in the election Of
a Public Printer at O'clock ConcuTed IN.
Amessage from the House requested the concur
renee of the Senate in the passage OF bill en-
I titled;
An act to repeal the second section of an act
passed on the 18th day Of May, 1902; entitled IAN
act giving the consent of the Legislature Of virginia
\ 10 the formation and erection OF new State within
the jurisdiction Of this State. Also, repeating the
act passed on the 3lst day Of January 1868, emit
tied ian act giving the consent OF the state OF Nlr-
ginia TO the county OF Berkeley being admitted into
and becoming part Of the State Of West Virginia
/ Also, repeating the act passed on the 4th day Of
/ February 1868 entitled IAN act giving the consent
| TO the admission of certain counties into the new
state Of West Virginia upOh certain conditions, and
Withdrawing consent 10 the transfer OF jurisdiction
over the several counties in each OF the said acts
mentioned.
The bill was ordered TO a second reading.
Mr. MEADE thought the bill one of Sital ippOr
lance, and moved that it be read third time
Agreed TO.
Daring the reading, the PRESIDENT was compelled
firmly TO reprmand some disorder in the lobby.
Mr. ROBISsOS withdrew some objections TO the
bill which he said he should support
Mr.. GILNER had examined the bill carefully and
approved II highly.
Mr.. MERCER moved to lay the bill the table
until printed, as never having seen it, he was not
willing 70 commit himself pro or con, but wanted TO
vote intengibly.
Mr.. MEADE urged the immediate passage OF the
bill which was OF vital importance
Mr. GILMER stated that he had carefully studied
the bill upon which the best legal talent OF the state
had been exhausted, and upon the correctness OF
which he would stake his reputation rs lawyer and
a senator. days delay might cause the loss TO the
| nf Inv and tinuo la nj
Mr.. MERCER withdrawing his motion TO lay upon
the table the bill was put upon It's passage, and
passed without a dissenting voice.
Mr.. ROBINSON moved a suspension Of the rules, Tor
the purpose of communicating 10 the House the pa
sage OF the bill and the rules bein suspended, Mr..
Robinson was appointed 10 wait upon the House
with the communication.
Mr.. Boiling offered a resolution for the appoint
ment OF three Pages by the President the compensa-
ton Of said Pages to be fixed hereafter.
Mr.. KELLO moved to amend by substituting two
for three.
Mr. GuNER favored the original resolution, and
hoped the member flOm southampton would with
draw his amendment
The amendment was withdrawn and the resolution
adopted
mittee Of three members on the part OF the Senate
and i've on the part Of the House, be appointed 10
take into consideration that portion of the Governors
message relative to the public printing. The resolu-
ton lies over until to-day.
On motion, the Senate adjourned till - N. TO-DAY
HOUSE OF DELEGATES.
The House met at noon, the Speaker, Mr.. BALD
WIN in the Chair.
Prayer BY the Rev. Mr.. Jeer, of the Third Baptist
Church Of this city.
Mr. WooDsON, from Special Committee on the pc
ttiOn of citizens of jefferson and Berkeley, intro
duced Bill repeating
SECTION , OF Act passed May 18th, 1862, author
izing the erection of the State Of West Virginia.
Be it further enacted that the consent of the Lee
giSature of Virginia be, and the same Is hereby
given that the counties OF Berkeley, Jefferson and
Frederick shall be included in and form part OF the
State Of West Virginia whenever the voters OF said
counties shall ratify and assent TO the said ConStu
ton at election held for the purpose at such time
and under such regulations as the Commissioners
named in the schedule may pre>crib'.
Mr. WOODSOS asked for a suspension of the rules !
requiring It 70 be printed, because he wished the bill
to be passed at His reason for pressing 1t 10
immediate vote that as Congress has not ratI-
fled, as yet the cessiOn Of these two counties to /
West Virginia, that an effort will be made TO get that
body TO do at the earliest day The friends OF the
bill desire to fOrestall such action, and prevent e-
gal contamination OF the act.
The rules were accordingly suspended, when, at |
ter second and third reading, the bill passed The
following is a copy Of the bill:
An act TO repeal the second section Of an act .
passed on the 18th day of May. 1862 entitled, An |
act giving the consent of the Legislature of Nr-
within the jurisdiction OF this State; also repeating
the act passed on the 3lst day OF January, 1868
titled An act giving the consent of the State OF Er-
ginia to the county OF Berkeley being admitted into
and becoming part Of the state of West Virginia;
also repeating the act passed the 4th day Of Feb
ruary, 1868 entitled An act giving consent to the
admission Of certain counties into the new State OF
West Virginia upon certain conditions, ana With |
drawing consent to the transfer Of jurisdiction over
the several counties in each OF said acts NEIL |
toned whereas it sufficiently appears that the con
dtions prescribed in the several acts Of the General
Assembly Of the restored government Of Virginia |
intended to give consent to the transfer
from this State To the State of West Nir- !
ginia of jurisdiction over the counties OF
jefferson and Berkeley, and the several other coun-
ties mentioned in the Act Of February Attn, 1895,
acknowledgement, have not been complied with
And the consent of Congress- required by the Con-
stituton of the United States not having been OBJ
tanned in order TO give effect TO such transfer so
that the proceedings heretofore had on this subject
are simply inchoate, and said consent may properly
be withdrawn. And this General Assembly regard
ing the contemplated dsintegratOn of the Com.
mOuwealth even, if within its constitutional cOmpe-
tency, as liable TO many objections OF the graveSt
character not only IN respect 10 the counties OF JET
ferSon and Berkeley, over which the State OF West
Virginia has prematurely attempted 20 exercise iu-
rsdicton but also TO the several counties above
referred to
SECTION /. Bet therefore Enacted by the Gene
raj Assembly, Of TlrgiHiG, That the Second Section
of the Act passed on the 18th day Of May, 1862,
titled An Act giving the consent Of the Legislature
of Virginia 10 the formation and erection of a new
State within the jurisdiction Of this State be and
the same is hereby repealed.
SECTION ,. And be il further enacted that the Act
passed on the 3lst day of January, 1858 entitled
An Act giving the consent Of the State of Virginia
10 the county Of Berkeley being admitted into. aud
becoming part Of the State Of West Virginia be,
and the same is hereby repealed
SECTION 8 And be II further enacted that the Act
passed on the 4th day of February, 1868, entitled
An Act giving consent 10 the admission Of certain
counties into the new State Of West Virginia upon
certain conditions" be- and the same IS in like man
ner, hereby repealed
SECTION 4. And be il further enacted that all
/ consent in any manner heretofore given, or in
| tended 10 he given. by the General Assem-
/ bly Of Virginia 70 the transfer from Is jurs-
diction 10 the jurisdiction of the State of West
Virginia Of any Of the counties mentioned in either
of the above recited acts be- and the same hereby
withdrawn, aud all acts ordinances and resolutions
heretofore passed purpOrting TO give such consent
are hereby repealed This act shall be in force from
and after its passage.
RESOLUTIONS.
On motion of Mr. +. STEARNS il was
ReSOlred That the use Of the House of Delegates