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Reorganized Government
General Assembly of Virginia

July 19, 1861

The House of Delegates met at the usual hour.

Prayer by Rev. Wesley Smith.

A communication from the Senate announced the passage of House bill No. 10, to regulate the salaries of the officers of the Exchange Bank at Weston, amending by increasing the salary from fifteen hundred to eighteen hundred dollars, and dispensing with second clerk. The bill was laid on the table for the present.

Also the passage of House bill No. 4, to regulate the volunteer forces of the State not mustered into the service of the United States, with amendments, in some of which the House refused to concur.

Mr. ZINN, from the special committee on a division of the State reported a bill entitled An Act to Provide for a Division of the State, which was read by its title and ordered to be printed.

Mr. RUFFNER, from the same committee, submitted the following as a majority report:

Resolved, That while we consider the division of the State inevitable, we believe it inexpedient to legislate at present on the subject.

Messrs. Farnsworth and Hooton offered substitutes for the minority report, which were read by title and ordered to be printed.

Mr. Wilson, from the Conference Committee to consider the bill authorizing the issue of small notes, reported that the committee had agreed upon an amendment, to limit the issue to 16 per cent, on the capital stock of the Bank issuing, which report was adopted.

A message was received from the Governor, recommending the appointment of a vaccinating agent.

Referred to the Committee on Courts of Justice.

Mr. CROTHERS offered the following, which were adopted.

Resolved, That the Governor be, and is hereby requested to apply to the President of the U. S. for authority to contract with some individual or individuals, on behalf of the General Government, for necessary clothing for such of the volunteers of Northwestern Virginia as have been, or may be, mustered into the service of the United States for three years.

Resolved, That a copy of the foregoing resolutions be forwarded to our Senators and Representatives in Congress, with a request that they unite with the Governor in his efforts to obtain the authority indicated in the foregoing.

Mr. LOGAN offered the following which was adopted:

Resolved, By the General Assembly of Virginia, that the election of clerks in the various Departments of the State Government shall be made by joint vote of the Senate and House of Delegates.

Mr. CROTHERS offered the following:

Resolved, By the General Assembly, that the Lieutenant-Governor, when acting as a member of the Board of Public Works, except during the session of the Legislature, shall be allowed and paid the same per diem as members of the Executive Council receive.

Referred to the Committee on Roads and Internal Navigation.

Mr. LOGAN offered the following:

Resolved, That the Committee on Finance consider the expediency of reporting a bill refunding to the Sheriff of Ohio county sums overpaid by him into the Auditor's office for the year 1860.


Mr. CROTHERS was appointed to notify the Senate of the adoption of the resolutions requesting authority to contract for clothing, &c., and a message from the Senate announced the concurrence of that body in their adoption.

Bills on their passage were taken up.

House bill No. 5, entitled an act to prevent offenses against the Commonwealth, and providing for the organization of patrols during the war, was read a third time and after some discussion was passed by yeas 19, nays 11.

The bill provides that persons opposing or inciting others to oppose the execution of the laws of the State Government as reorganized at Wheeling, by violence or intimidation of officers in the discharge of their lawful duties shall be subject to a fine of not less than fifty or more than one thousand dollars, and imprisonment of not less than one month nor more than one year.

Also authorizes the Governor to organize patrols whose duty it shall be to apprehend all persons guilty of disturbing the peace, or whom there may be just cause to suspect of being guilty of any offence mentioned in the act, take them before a justice to be dealt with according to law, and to perform such other duties in the execution of the laws as the Governor may require.

No company is to consist of more than 100 men. Each patrol is to have a captain, and a sergeant to every 15 men. The captain is to receive $50 a month, the sergeants $40, and the privates $15.

The patrols are to be dispensed with whenever in the opinion of the Governor it can be safely done.

House bill No. 11, fixing the compensation of members of the Executive Council, was read a third time and passed.

House bill No. 12, to amend an ordinance relating to the collection of the revenue, was also read a third time, and passed.

House bill No. 13, to amend the second and ninth sections of chapter 42 of the code of 1860, was also read a third time, and passed.

House bill No. 14, to regulate the sale of munitions of war, was taken up. It was opposed by Messrs. Vance and Arnold, and supported by Mr. Smith.

Mr. SMITH moved that the vote ordering the bill to its engrossment, be reconsidered, and the bill recommitted. Adopted.

The House then took a recess.


The House reassembled at two o'clock, and proceeded to the consideration of engrossed bills.

House bill authorizing the sale of uncurrent bank notes, and authorizing the Governor to determine what bills shall be receivable in payment to the State, was read a third time, and passed.

Mr. HAWXHURST offered the following resolution:

Resolved, That the Committee on Courts of Justice, be instructed to inquire into the expediency of prohibiting the County Courts levying any tax for the payment of debts that may have been contracted in the prospect of, or for carrying on, the secession movement, whether authorized by the County Courts, the Overseers of the poor, or any other authority.

Mr. CROTHERS moved to take up from the table, House bill No. 29, to authorize the County Court of Brooke county to make sufficient appropriation to reimburse private citizens for advancements made for maintaining citizen soldiers, prior to being mustered into the service of the United States.

The bill was read a second time and ordered to its engrossment.

Mr. ARNOLD moved to take up the bill (with Senate amendment) relative to the salaries of officers of the Exchange Bank at Weston.

The bill was considered, and the House refused to concur in the amendment.

Mr. ARNOLD was appointed to notify the Senate of the action of the House on the bill.

Mr. SMITH moved to take up the substitute for the Senate bill relating to the Stay Law.

The bill was again taken up, and, after some time spent in discussing amendments, was recommitted.

Mr. Logan offered the following, which was adopted:

Resolved, That the Committee on Finance inquire into the expediency of reporting a bill to relieve the Western Virginia Agricultural Society from the payment of taxes.

The House then adjourned.

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July 26

Chapter Eight: Legislature of the Reorganized Government of Virginia

West Virginia Archives and History