the question of the fence law, was read a second time and ordered to be engrossed to be read a third time. No. 267. Senate bill entitled an act to incorporate the James river coal company. The amendment proposed by the committee on propositions and grievances, as follows: 9th, 10th and 11th lines of 4th section, strike out the words, "that the taxable property of said company shall be assessed at a rate not exceeding one-half of one per cent. for a period of ten years," was agreed to. The bill was ordered to its third reading. No. 196. House bill for the relief of William W. Phelps, late sheriff of Wythe county, was read a second time and ordered to be engrossed to be read a third time. On motion of Mr. Armstrong, the house adjourned until to-morrow at 10 o'clock A. M. THURSDAY, APRIL 23, 1874. Prayer by Rev. George C. Vanderslice, of the Methodist church. The journal was read by the clerk. A communication from the senate, by their clerk, was read as follows: In Senate, April 22, 1874. The senate have passed house bills entitled An act to provide for the completion of the Black Lick and Cove plaster bank turnpike, in Wythe county; No. 138. An act to incorporate the town of Smithville, in the county of Charlotte; No. 228. An act to enlarge the corporate limits of the town of Goodson, Virginia; No. 310. An act to incorporate the Lexington gas company; No. 326. And An act for the relief of James O. Swanson, of Pittsylvania county; No. 356. They have passed, with amendments, house bill entitled An act to authorize the county of Essex to vote on the question of the fence law; No. 345. They have passed a bill entitled An act to amend and re-enact sections 1 and 3 of chapter 200 of the Code of 1873, as amended by an act approved March 27th, 1874, entitled an act to amend and re-enact sections 1, 2, 3, 4, 5 and 9 of the 200th chapter of the Code of 1873, in relation to grand juries; No. 340. In which amendments and bill they respectfully request the concurrence of the house of delegates. No. 345. House bill, was referred to the committee on agriculture and mining. No. 340. Senate bill, was read twice and placed on the calendar, the rules having been suspended. (on motion of Mr. Williams) requiring itsreference to a committee. No. 319. Senate bill entitled an act to provide for a new registration in the city of Manchester, was reported from the committee on privileges and elections. Mr. Holbrook stated that had he been present when the vote was taken on the passage of senate bill No. 133, entitled an act for the encouragement of land purchasers and actual settlers in Virginia, and to repeal an act approved March 29, 1873, entitled an act for the encouragement of immigration, he would have voted in the affirmative. Mr. Lucas entered a motion to reconsider the vote by which house bill No. 235, to exempt additional property from levy or distress upon contracts hereafter made, was dismissed. The speaker laid before the house the following communication from the governor: COMMONWEALTH OF VIRGINIA, GOVERNOR'S OFFICE, Gentlemen of the Senate and House of Delegates: As your session is rapidly drawing to a close, and the chances for maturing further legislation are hourly diminishing, I am constrained by a strong sense of duty to call your attention to a subject which, in my opinion, should be immediately considered. The constitution of the State ought to be amended thoroughly and without unnecessary delay. Many of its provisions, which are properly within our control, are as odious to the people as they are mischievous in operation. The longer we live under it, the greater the inclination to endure and to become reconciled to even such of its provisions as are vicious and demoralizing. Occasional and partial changes of some of its particulars only serve to increase the difficulty of ridding the State of the residue of the evil. It will hardly be questioned that general public sentiment demands a thorough revision of that instrument. What is wanted is a new constitution which, without impairing any existing right, will in all respects conform to the habitudes, ideas and necessities of the people of Virginia, as far as may be consistent with our federal and inter-state obligations. The difficulty lies in the choice of a mode for accomplishing the desired changes. The creation of a constitutional convention at this time would produce popular agitation, not to be desired, and would involve expenses which the treasury is in no condition to bear. If on the other hand the general assembly should assume the task of revising the entire constitution, such action would probably prove not less expensive than the work of a convention of the people, while it may well be questioned if the legislature would be justified in entering upon this delicate and responsible task, for the performance of which it was not elected. A different mode of changing the constitution would, in my opinion, avoid the objections which apply to other plans. A commission, com posed of five or seven statesmen, combining the greatest experience, ability and weight of character to be had, would be likely to frame such a constitution as would commend itself to the approval of the legislature and the people. Such a commission would involve but slight expense, and if now created its labors could be completed in time to be submitted to the present legislature at its next annual session. A constitution, thus perfected and carrying with it such sanction and weight of influence, would probably receive very little or no alteration at the hands of the legislature, and would, after being agreed to by two successive legislatures, be likely to be ratified by the people in the mode prescribed by the twelfth article of the present constitution. It is not doubted that an amendment in the nature of a substitute for the whole constitution-an amendment embracing the entire frame-work of the organic law of the State-would be equally as admissible under that article as the separate amendment of any single provision. It is held to be clear that so far as that article attempts to restrain the people from changing the constitution, it is wholly ineffectual for such purpose; yet in making such change, otherwise than through a regular convention of the people, it is urged by leading minds that we are bound to proceed in the mode prescribed by the present constitution, and, without expressing any opinion upon that question, I suggest it as safest, in effecting the proposed amendment, through the action of the legislature, and without a convention, to conform to the mode so prescribed. Our object should be to secure an amended constitution by the best means at our command and with such speed as the circumstances will allow. In view of the fact that any amendment, made in accordance with the requirements of the twelfth article, must be approved by two successive legislatures before being submitted to a vote of the people, two years of delay will be avoided by providing at your present session for the proposed commission. If such amendment should fail of being perfected and agreed to by the legislature during the present biennial term, it would necessarily have to be approved by the successive legislatures to be elected towards the close of the years 1875 and 1877, respectively, before it could be submitted to the people for ratification. Such delay of two years must result from a failure to take proper action before your approaching adjournment, for it is hardly to be supposed that a commission, constituted at your next and last session, could complete its work in a satisfactory manner and in time for your revision during that session. The existing constitution is a great barrier to the return of the public prosperity. Its framers were, in large proportion, strangers by birth and previous residence, and aliens in sentiment to our people. The whole scheme, context and composition of the constitution show their unacquaintance with the wants of the State, and even with the rules of the English vernacular. That instrument imposes upon the impoverished and sparse population of Virginia a frame-work of State and local government, so complicated and costly, that it must of necessity be oppressive in any but a wealthy and densely settled State. After Virginia had been stripped of a third of her territory, and more than half of her material values-when the legislature should have been reduced in numbers one-half, and the government conformed to the diminished size and resources of the State-the legislative department was made relatively larger, its sessions twice as frequent, and the whole machinery of the government more expensive, than when the State was powerful, rich and prosperous. The constitution is full of details which belong only to the domain of ordinary legislation. It puts unusual and needless restrictions upon the legislative power, which cripple the government in its efforts to equalize the burthens of taxation, and to restore the State credit. It contains provisions and allusions touching our past history which are irritating and offensive to a majority of the people, and which were designed to stigmatize deeds and facts such as illustrate the honor of Virginia and the heroism of her dead sons. It even lays sacreligious hands upon the bill of rights, in some respects mutilates that great instrument, and seeks to lower it from the controlling relation its authors intended it to bear to the organic law of the State, by making it a part of the body of the constitution as if inherent and inalienable rights were possible to be abrogated like any ordinary constitutional provision. It abolishes our ancient, honest and manly mode of voting by the living voice, and substitutes the secret ballot-a source of fraud, dissimulation and falsehood. These are some of the obnoxious features of the present constitution. It is hoped no time will be lost in relieving the State of its burthen. The idea of a constitutional commission is not new, and did not originate here. The plan bas worked well elsewhere, and it is believed that if now fairly tried it will prove satisfactory. JAMES L. KEMPER. On motion of Mr. Dooley, the communication was laid on the table and ordered to be printed. Mr. Round presented petition of citizens of Prince William county for protection to sheep by a tax on dogs, which was referred to the committee on propositions and grievances. The morning hour having expired, the house proceeded to the business on the calendar. The following senate bills were taken up out of their order on the calendar, read a third time and passed: No. 340. Senate bill entitled an act to amend and re-enact sections 1 and 3 of chapter 200 of the Code of 1873, as amended by an act approved March 27th, 1874, entitled an act to amend and re-enact sections 1, 2, 3, 4, 5 and 9 of the 200th chapter of the Code of 1873, in relation to grand juries. No. 243. Senate bill entitled an act to provide a charter for the town of Lexington. No. 254. Senate bill entitled an act providing for the re-assessment of lands in this Commonwealth, as required by the constitution, was, on motion of Mr. Stuart, taken up out of its order on the calendar. Pending its consideration, The hour of 11 o'clock A. M. having arrived, special order No. 311. House bill for the assessment, levy and collection of taxes on railroad, canal and other companies, came up. Mr. Riddlebarger offered an amendment to the bill, in the nature of a substitute. Mr. Fulkerson moved to amend the substitute by striking out, in third and fourth lines of second section, the words "the proceeds of onefifth of which shall be applied to the support of the public free schools of the State," and inserting "one-fifth of which shall be collected in national bank notes, United States treasury notes, gold or silver coin, and applied to the support of public free schools," which was rejected— yeas 41; nays 66. On motion of Mr. Fulkerson, the vote was recorded as follows: YEAS-Messrs. Armstrong, Bickings, Blair, Cecil, Matt Clark, Cox, Finney, Flood, Friend, Fulkerson, T. S. Gibson, Grayson, Haden, Hamilton, Harris, Hill, Holbrook, Wm. Hoskins, J. T. Hoskins, Howard, Lamkin, Lipps, Lipscomb, Longley, Lucas, May, McGonigal, McMullan, Moss, W. A. Nash, Nickens, Norton, Pannill, Richmond, Round, Scruggs, Stovall, Syphax, Webb, Whittaker, and Yager-41. NAYS-Messrs. Allen, Anderson, Armentrout, Beaton, Boykin, Branch, Brooks, Brown, Campbell, J. A. Carter, Jack Carter, P. J. Carter, A. J. Clark, Cockerille, Coghill, Crank, Davis, Dooley, Fitzpatrick, Franklin, Gardner, P. Gibson, Gilman, Graves, Harrison, Henderson, Hoenniger, Hudgin, Hunter, P. K. Jones, R. S. Jones, Jordan, Koiner, B. W. Lacy, Lee, Lewis, Lightner. Lovell, Lovenstien, Loving, Lybrook, Magruder, Massey, Montague, Morris, J. L. Nash, Neeley, O'Neal, Ould, Pendleton, Popham, Powell, Riddlebarger, Rogers, Shumate, Strother, Stuart, Swann, Taliaferro, Taylor, Wallace, Wharton, Williams, Winn, Withers, and Mr. Speaker-66. Mr. Dooley moved to amend the substitute offered by Mr. Riddlebarger by striking out in 31st line, 1st section, "$25,000" and insert "$12,000," which was agreed to-yeas 69; nays 41. On motion of Mr. Riddlebarger, the vote was recorded as follows: YEAS-Messrs. Anderson, Beaton, Bickings, Blair, Boykin, Branch, Brown, Campbell, J. A. Carter, P. J. Carter, Cecil, A. J. Clark, Cockerille, Coghill, Dooley, Fitzpatrick, Flood, Franklin, Friend, Fulkerson, P. Gibson, Gilman, Graves, Grayson, Haden, Hamilton, Henderson, Hill, Hoenniger, Howard, Hunter, Jett, P. K. Jones, R. S. Jones, Jordan, Koiner, J. H. Lacy, Lamkin, Lovenstein, Loving, Lucas, Lybrook, Magruder, Montague, J. L. Nash, W. A. Nash, Neeley, Norton, O'Neal, Ould, Pannill, Pendleton, Popham, Riddlebarger, Rogers, Round, Scruggs, Sellers, Shumate, Stuart, Taliaferro, Taylor, Van Auken, Wallace, Webb, Wharton, Whittaker, Williams, and Mr. Speaker-69. NAYS-Messrs. Allen, Armentrout, Armstrong, Brooks, Jack Carter, Matt Clark, Crank, Critz, Davis, Finney, Gaines, Gardner, Goodwyn, Harris, Harrison, William Hoskins, John T. Hoskins, Hudgin, James, B. W. Lacy, Lee, Lewis, Lightner, Lipps, Longley, Lovell, Massey, McGonigal, McMullan, Morris, Morrison, Moss, Nickens, Powell, Richmond, Stovall, Strother, Swann, Winn, Withers, and Yager-41. Mr. Riddlebarger moved a reconsideration of the vote by which the amendment was agreed to, which was rejected-yeas 45; nays 64. On motion of Mr. Winn, the vote was recorded as follows: |