The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-02-01
General Assembly of Virginia.
TUESDAY, Jan. 81, 1871.
GEN ATR
Lieutenant Governor MARrE in the chair
M r,raynr

Senate Joint resolution rendering to West
Virginia an arbitration Of the public debt
with House amendments was taken up,
and the first amendment agreed to. The
second amendment, which seeks to make
the arbitration final, and which the House
of Delegates desired should be lncorpo-
rated, was objected to by Mr.. PENDLEToN,
who thought it would be a grave dereltction
of duty on the part of the Senate to make
the decision final, leaving so grave matter
to the decision Of any set of men.
Mr.. WApDELL said that his opinion on the
subject remained unchanged, and he hoped
! the amendment of the House would be re-
! tanned.
| Mr.. sSowDES thought the Senate should
agree to the amendment.
! Mr.. PENN denied that it would bind the
hands Of future legislatures; and said that 1t
was in the breasts of any future Legisla-
: ture ta ratify the action of their prcQc ces-
sors, or not, as they might see fit.
Mr.. GREENE realized that Ibis was
most important matter, and that
speedy adjustment should be had. If we
allow the mere preliminaries to be q bar
through with it. He thought the matter
ought TO be left open, and that the amend
ment should be agreed To-, and the words
left in.
! Mr.. PESpLEToN said he had been accused
OF inconsistency, but such was not the
case and if the matter would not be un-
parliamentary he would characterize their
position as in "absolute absurdity." He
! did not choose to send it to the world with
fraud branded upon the very face of it.
He proposed 10 deal fairly with the credi-
tor, and we had no power to make the mat
ter final. He did not choose to bind him
A.-.1 1n. If hn nrnl a
by an illegal act.
Mr.. 1IERNDoN said it was manifest that
it was the desire to obtain a settlement.
Perhaps it was right to strike out the
words in the first amendment. He would
vote. as he had done in the first case, for
the second amendment OF the House. He
believed if the words were kept in it would
be used by the politicians Of West Virginia
as an excuse for delay that would have no
end. As far rs the language would 20, he
would say it should he binding, unless the
great principle of law should come i'll. If
the parties meet together and adiudicate
this debt the law intcrposeS, but if the
words are put i'll it must 90 back for future
arbitration. He would take from West
Virginia the opportunity Of necessarily re-
quiring IN arbitration. Nobody denies that
ii speedy settlement is necessary. We have
IL to settle i'll some way or othey, and surely
there could he no better mode than to give
the matter to Il set Of arbitrat0rS. he would
not give her single hold, for it would he
delayed until the crack OF doom.
Dir. ANDERSON, of Rockbridge, agreed
with the Senator from Spotsyiyania, and
thought the amendments should be agreed
To. There Was no clause in the ConSttu-
ton which denied the right of submitting
any great public matter TO IN arbitration,
and if the Government of the United States
has the authority to submit Il public mat
ter in which the people are interested
surely the state OF Virginia has the same
right. Iic thought the officers Of the United
States Court would lind some means TO re-
cover the amount of Il judgment should Il
Judgment be awarded, but he did not he
licve such would be the necessary result ::
and it is part of our prerogativc to SUBJ
nit the matter TO arbitration. Hc thought
we had more to lose by leaving the matter
open than could be lost by West Virginia
Mr.. Penn apolosized for 'moul6ing"
again on the subject, but thought the
smooth way with which the Senator
from Rockbridge had fixed up the matter
was an unfair way of meeting the question,
which ought not to be countenanced by
the Legislature, and the simple passage Of
! the resolution was in the teeth Of all law
Mr.. TAYLOR, of Loudoun, desired TO ask
it preceding Legislatures had not contract
ed this debt. and were we not bound in
! honor for it: He hoped the Senate would
strike out the words, as the House had
wisely done. In the first instance he had
voted for it, and his opinion WAS unchanged
now.
Mr.. ANDERSON. Of Rockbridge. asserted
F! that we would have the light TO sue the
State Of West Virginia in the matter. The
| Constitution has created an umpire for the
settlement Of public matters, and an arbi.
! trati0n in this case is the mode. An award
| in its very essence is final. If the Submis-
! sion IS final, the award is final. and we can
| bind future Legislatures morally by this
contract, and il they ignore it and repudi-
ate it, they would deserve the contempt Of
mankind. If the matter is left oneu it will
be discussed to the disgust of the whole
people. We can appeal to the Supreme
Court Of the United States, but he did not
believe this would he necessary.
Mr.. Penn called the yeas and nays. which
resulted as follows:
| iEAs.-3iessrs. Anderson of pit,sylvaDia, An
| derson ofhockbridge, ;!caZlcy, Campbell, Court
ne ney, Greere. Aerndon. ksnorick, Latham, smith
Norfolk CITY, and WadGeil ID.
! NAiS.--Mcssis. Austin. carr, Davis. Fitz-
f'cS, Giesyer' ay,t uGrlmssl lame Johnson
| fendleton, erin, Ponn, Robins, Roller, smith
OF New Kent, 1eamuh, and Terry--2o.
On motion of Mr.. PENDLEToN, the disa-
%reemcnt of the Senate to the second and
third amendments was communicated to
the House of Delegates.
! COMMITTEE REPORTS.
Mr.. HERNDoN, from the Committee for
Courts of Justice, reported bill prescrih-
ing the time for holding the corporation
courts of the Commonwealth.
Mr.. FITZPATRICK, from the Committee on
General Laws, reported Senate bill to pro-
vide for the establishment Of a Board of
Medical Examiners, with substitute: also,
Il bill to provide against killing patridgeS
and other insectlonous birds, with recon-
incubation that it do not pass and Il bill to
provide that manufacturers of manipu-
lated fertilizers shall mark each package
with 4 correct analysis Of contents Of the
same.
BILLS, ETC, INTRODUCED.
The following bills, ETC.. were intro
tuced and appropriately referred:
BY Mr. Taylor, of Norfolk city: A bill
to amend and reGnact the lst aud 7th Sec
tions of an act TO incorporate the Char
lottesyiIle and University Railroad Com
pany, passed January 10th, 1867. ..
By the same; A bill to incorporate the
Norfolk and Princess Ann Railroad Com
pany. s#ts
And by tho same: The memorial of Jas.
Barry, of the city of Norfolk, asking to be
paid for the burning of his property in said
city on the 9th Of August, 1865.
BY MIR. ANDERSON, Of Kockbridge: A re-
solution instructing the Committee on Pub
lie Institutions to inquire into the cNpe-
diency Of reporting u bill providing that
during the remainder OF the present scho-