The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-01-26
HOUSE OF DELEGATES.


| The Journal OF yesterday was read oy the
Clerk
CLAIM OF TIRE NEW YORK AND VIRGINIA STEAM
PACKET COMPANY.
A report from the Committee on Claims, In
regard to the claims of the virginia anu S Is"
York Steamship Company against the oLh n
for the seizure and loss OF the stealisnips
! Jamestown and Yorktown was presenteu a slle
ut the request OF the committee was ordereo
/ to be printed. 49,. s,t 4,
| The report Is n long one and sets forth III
detail the allegations of the New 1oTk ail.
Virginia Steamship Company concerning tIe
seizure of the steamers by the SUI Saon,ed u
/ ginia In 1861. The committee then deemed ~ ~
| necessary TO enter into not only the nature VI
! the transactions, but also the actuai pow.
and authority of the State SfoVerhllenn ~ az
I Richmond at that time, rs well as the po"ctS
/ and restrictions of the restored Government
They then enter into the action OF the tlcnr
mond Convention in lS6f; giving the uatc vi
! the passage of the ordinance OF secession anu
/ the date of it's taking effect; and en- the other
hand, the action of the Wheeling ConFehtiou'
| ouotiug several acts of the said body deciar,
! ing null and void the action OF the hicnihoilu
/ Convention which tended TO the carrying on OF
leyying of war, and for the reorganization OF
| the State government which was In pursuance
( thereof re-organiZpd, and is now the restored
Government of Virginia, by virtue OF whose
/ authority the Legislature has It's being.
! They quote also the action OF the Alexandra
Convention in 1863 in section oil the consul.
! tuition adopted by them, which declares thal
! the General Assembly a." shall not provide LOT
| the payment of any debt or obligation created
! in the name of the State of Virginia by the
usurped and pretended State authorities
, The committee, with the view taken by
them, thought themselves preCluded from
innuiring into the merits of this case
| Though it might have been proved or conceded
that the the seizure Of these steamers was In
violation of the good faith due TO sister
State, and though it might be conceded llat
the liberal terms on which the claimants are
willing 10 place the settlement of this claim,
entitle them 10 the most favorable regard,
vet the committee could not forget that the
requirements of the organic law and the re-
strictious put on the powers OF the Legislature
could not be contraNened.
They then investigated the character OF the
proceeding by which the seizure was maze.
/ Concluding that the seizure was not tPe act OF
the legitimate authorities OF the STATE, Inc
committee did not perceive lhal 'le CHILL ""'
| 4 valid one. ~
If the act was only illegal from an assunp-
ton of authority by an officer OF the state,
the question would remain as 10 no" laf me
State was responsible Tor tne erroneous aCllohs
of its officers.
While the committee did not undertake to
say that there were not cases where justice, OF
even law required that the State should be
held responsible for such action, 1t ala not
regard the seizure of these steamers as one oil
! such classes. ,
Had the Confcdcracy succeeded, and the
| I" so called " usurped government been deemed
the esta blished government Of the Stale, the
claim would have been decided by lnttrua-
tonal law but by reason of the failure oil me
Confederacy it was the duty OF this General
| Assembly to conform t. its powers ana duties
under the restored Government.
| 1t was manifest 10 the committee tina view
ing this question in this light, the claim could
not be allowed. The seizure OF these vessels
was part and parcel OF the plan by whlcn
Harper's Ferry was captured, L volunteer anu
militia force organized, and other acts per
formed which were declared by the Wheeling
! Convention "null and void. How, then,
! could this Assembly, acting under the autho-
rity of the restored Government, recognize
! that as valid and binding which that Govern
ment has always repudiated and declared
! void?
In conclusion, the committee state:
at must be remembered that, as u promi-
nent fact the restored Government and the
! Richmond State Government We're not only op-
posing powers, and, in general sense, hostile
powers, but they were engaged III actual war
/ with each other. This state OF active hostility
! continued to the fall of the Coniederacy. by
this event the restored Government conquered,
overthrow and destroyed the State Govern
| ment at Richmond. The restored Govern
ment was established throughout the State,
I with the character and with the right OF
conuuering power. When we remember mat
the first act Of this Government was Intended
to avoid I'LL responsibility for acts OF TINS cha
racter by declaring them void and that on q
( subsequent occasion there was incorporated IN
the organic law the prohibition that the Gene
/ raj Assembly shall not provide for the pay
mcnt of any debt or obligation created III the
name of the State of Virginia by the Richmond
authorities; and that the restored Govern
ment is now the only power III the state
willing all along, and now, by the current OF
events, able, to enforce these provisions ana
prohibitons-common Sense would, as II
seems to the committee, at once, and without
hesitation, declare against this claim.
Your committee are therefore OF the
opinion that the General Assembly nave no
for l,n "a q
claim, and respectfully ask TO be discharged
from its further consideration
CODE OF 1S61.
Senate bill declaring the Code OF Virginia
for 1860 as the lawful Code of the State was
read a second time and the question of third
A lengthy and animated discussion here
ensued after which the bill was, on motion of
Mr.. LEE, laid on the table.
DOVER COMPANY.
Senate bill to incorporate the Dover Com
pany was passed with amendments
WARWICK MANUFACTURING COMPANY.
Senate bill incorporating this company was
passed without amendment.
BILLS PASSED.
Rill 10 amend and re-enact the eleventh sec
ton of chapter one hundred and nlnety-t"o OF
the Code Of 1850, providing for the PUNISH
mcnt of burglary with death, at the dlscreiloh
I of the jury
IlllautnOIlZlHp
the Armory Grounds and provide barracks for
the Public Guard
Bill 10 confirm the acts of courts held at
improper places in certain cases
THIRD ARTICLE OF THE CONSTITUTION.
The ordinance altering and amending the
third article of the Constitution was passed 1
On motion of Mr.. ROBERTSON, the House
adjourned.
Letter from John NIitchel-The Emperor and