Orders of Virginia Assembly of Dec. 8, 1769

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Page 373 from the Publications of the Southern History Association, September, 1904: "Orders of Virginia Assembly of Dec. 8, 1769."

Resolutions from the Virginia House of Burgesses for December 8, 1769 is reprinted in the Publications of the Southern History Association for September, 1904. A copy of these acts was sent to George Wythe in Philadelphia, sometime during the Second Continental Congress, presumably during Wythe's term there, in 1775-1776.[1]

The manuscript was copied by Jacob Bruce, Assistant Clerk of the Virginia House of Delegates, presumably at Wythe's request. In a note to Wythe, Bruce mentions "having been a little busy with Mr. Tazewell this week"; John Tazewell (d. 1781) was the first Clerk of Virginia's House of Burgesses. The article states the manuscript was found in the letters of James Duane, delegate to Congress from New York.

Bruce give Wythe's address while at Congress as "Mr. Thorns in Chestnut Street, near Third Street, Philadelphia."

Article text, September 1904

Page 373

ORDERS OF VIRGINIA ASSEMBLY OF DEC. 8, 1769.

[As seen below these "orders" were sent to George Wythe by Jacob Bruce. There is no date on the letter, which was found in the correspondence of James Duane. For this material the Association is indebted to the kindness of Dr. Thomas Featherstonhaugh, Washington, D. C.]

Ordered, that no member absent himself from the service of the House, unless he have leave, or be sick and unable to attend.

Ordered, that whenever the House is to attend the Governor in the Council Chamber the several Passages be cleared of strangers, so that the members may freely pass : and that no member shall go into, or come out of, the Council Chamber before the Speaker.

Ordered, that no member chew tobacco in the House, while the Speaker is in the chair, or in a Committee of the whole House.

Odered, that when any member is about to speak in Debate, or deliver any matter to the House, he shall rise from his seat and without advancing from thence, shall, with due Respect address himself to Mr. Speaker, confining himself strictly to the point in debate, and avoiding all Indecent and disrespectful language.

Ordered, that no member speak more than twice in the same Debate without leave.

Resolved, that a Question being once determined, must stand as the judgment of the House, and cannot again be drawn into Debate during the same session.

Ordered, that while the Speaker is putting any Question, none shall entertain private discourse, stand up, walk into, out of, or across the House, or read any printed Book.

Ordered, that no member shall vote on any Question, in the event of which he is immediately interested; nor in any

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other case, where he was not present when the Question was put by the Speaker, or by the Chairman in any Committee.

Resolved, that every member who shall be in the House when any Question is put, shall, on a division, be counted on the one side or the other.

Ordered, that each day before the House proceed on any other business, the Clerk do read the orders for talcing any matters into consideration that day; as

Ordered, that all Bills be read and dispatched in Priority and order of Time as they were brought in, un'ess the House shall direct otherwise in particular cases.

Ordered, that the Clerk of this House suffer not any Records or Papers to be taken from the Table, or out of his Custody, by any member, or other Persons.

Resolved, that besides the Speaker, fifteen members be a sufficient number to adjourn, thirty to call the House, and send for the absent members, * * * make any orders for their censure or discharge, and fifty to proceed to other Business.

Ordered, that when the House is to rise, every member keep his seat till the Speaker go out, and then everyone to follow in Order, as he sits.

Ordered, that the Journals of the House be daily drawn up by the Clerk, and, after being examined by the Speaker, be printed without delay.

Resolved, that eleven of the Committees for Religion, Privileges and Elections, Propositions and Grievances, and five of any other Committee, be a sufficient number to proceed on Business.

Ordered, that no Committee sit to do Business during the time of * * * *

Resolved, that if any Person hath procured himself to be elected, or * * * as a member of the House, or endeavored so to be by bribery or other * * * Practices,.

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this House will proceed with the utmost severity against such Person.

Resolved, that no Petition for controverting the Election of any member returned to serve as a Burgess in any future Assembly, be received by this House unless the same is presented within fourteen days from the time the member intended to be petitioned against, takes his seat in the House.

Resolved, that if any person having a right to vote for two members to serve in the General Assembly shall give a single Vote, such Person hath no Right to give his second Vote during such Election.

Resolved, that where the House shall adjudge any Petition touching Elections to be frivolous and vexatious, the House will order satisfaction to be made to the Person petitioned against.

Resolved, that any member may wave his privilege in any matter of a private nature, without the leave of the House; and, having so done, he shall not, in that instance, resume the same.

Resolved, that any Person shall be at liberty to sue out an original Writ or Subpoena in Chancery, in order to prevent a Bar by the Statute of * * itations, or to file any Bill in Equity, to examine Witnesses thereupon, * * * for the sole purpose of preserving their Testimony against any member of this House, notwithstanding his privilege; provided that the Clerk, after having made out and signed such original Writ, shall not deliver the same to the Party, or to any other, during the continuance of that Privilege.

Resolved, that every person summoned to attend this House, or any Committee thereof, as a Witness in any matter depending before them, be privileged from arrest during his coming to, attending on, or going from the House or Committee; and that no such Witness shall be obliged to attend, until the party at whose request he shall be summoned, do pay, or secure, to him, for his attendance and

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traveling, the same allowance which is made to Witnesses attending the General Court

Resolved, that if any Person shall tamper with any Witnesses in respect of their Evidence, to be given to this House, or any Committee thereof, or directly or indirectly, endeavor to deter or hinder any Person f rcwn * * * or giving evidence, the same is declared to be a high crime * * * misdemeanor, and this House will proceed with the utmost severity * * * such Offenders.

Ordered, that no Person be taken into custody of the Sergeant at Arms, * * * Complaint of a breach of Privilege, until the matter of such Complaint shall have been examined by the Committee of Privileges and reported to the House.

Ordered, that the Sergeants Fees be as followeth : To wit, For taking any person into Custody Thirteen Shillings; For every Day he shall be detained in Custody Thirteen shillings; For sending a Messenger to take any Person into Custody by a Warrant from the Speaker, sixpence per mile for going, and the same for returning, besides Fe * *

Sir: The foregoing are the standing Orders of the House of Burgesses as collected the 8th day of December, 1769, & having been a little busy with Mr. Tazewell this week have not had time to examine the Journals since that time, but expect to do it the next week, & if any more shall send them.

Wishing you your health and Mrs. Wythe's, am Sir, Your very hble Servt,

JACOB BRUCE.

[On back of above letter appeared the following.]

To George Wythe, Esq.,
at Mr. Thorns in Chestnut
Street near third Street,
Philadelphia.

Orders of Virginia Assembly of Dec. 8, 1769.

See also

References

  1. Colyer Meriwether, ed. "Orders of Virginia Assembly of Dec. 8, 1769," Publications of the Southern History Association 8, no. 5 (September, 1904), 373-376.

External links