*Mr. Lamb, from the Committee on Revision and Engrossment, made a partial report, which was read by Mr. Van Winkle.
*See note, Vol. II, page 219.
Mr. Lamb moved to amend the 20th section of the 4th article, as revised, by striking out the words "unless another time be prescribed by law," which was agreed to.
Mr. Battelle moved to amend the 2d section of the 8th article, as revised, by striking out the words "not less than fifty nor more than," and inserting the word "of," in the blank, and the question was put and the amendment adopted.
On motion of Mr. Lamb the revised articles, as far as completed, were ordered to be printed under the supervision of the Committee on Revision and Engrossment. Mr. Hall, of Marion, chairman of the Committee on the Schedule, submitted the following report:
The Committee on the Schedule to the Constitution respectfully recommend that the following provisions be inserted in the schedule.
By order of the Committee,
E. B. Hall, chairman.
"1. It shall be the duty of the President of this Convention, immediately upon its adjournment, to subscribe and pause to be duly certified copies of the foregoing Constitution with this schedule annexed, and to deliver one of said copies to the governor, and the other copies to the commissioners hereinafter appointed.
"2. It shall be the duty of who are hereby appointed commissioners* with full power and authority to act for this Convention upon the receipt of such certified copy, to cause the same to be published once a week for successive weeks, in so many of the news papers published within the boundaries of the proposed State of West Virginia as they may deem necessary, and to distribute properly the printed copies of said Constitution, heretofore provided for by this Convention.
*For "Minutes of the Meetings of the Board of Commissioners appointed by the Constitutional Convention in Regular Session" see Appendix.
"3. Poll books shall be prepared under the direction of for each place of voting in the several (fifty-one) counties proposed to be included in said State, said books to contain two separate columns, one to be headed "For the Constitution," and the other "Against the Constitution," and it shall be the duty of the commissioners and officers who superintended and conducted the election in October last, or such other persons as the governor or said first named commissioners may appoint to attend at their respective places of holding elections, and superintend and conduct the election herein provided for, and if they shall fail to attend or act, any two free-holders present may act as commissioners, administer to each other the prescribed oaths, appoint a conducting officer and clerks to record the votes and qualify them.
"4. Said election shall be held on the day of , 1862, and for the causes prescribed in the code of Virginia, the polls may be kept open three days; and if at the time of said election there be in any of said counties any military or hostile assemblage of persons, or other cause to interfere with the full expression of the will of the voters they may assemble at any other place within, or convenient to, their respective counties, and hold an election as herein provided for; and if from any cause said election be not held in and for any of said counties, at the time named, the same may be held at such subsequent time or times as said first named commissioners may approve, if so done as not to materially delay the submission of the result to the legislature for its action.
"5. The commissioners, officers and clerks who shall hold said election as aforesaid shall each, before entering upon the duties of his office, take, in addition to the oath now required by the general election law, the oath prescribed by the convention, which assembled at Wheeling on the 11th day of June, 1861, and said commissioners and officers shall, as early as practicable after said election, aggregate and ascertain the number of votes cast and recorded for and the number against the Constitution, at the election so by them held and conducted, and the expenses of such election, and shall return and certify the same to said first named commissioners at Wheeling, to the following effect:
We and commissioners and conducting officers do certify that we caused an election to be held at in the county of , at which we permitted all persons to vote who desired, and were entitled to do so, under this Constitution and none other, and that we have carefully added each column of our poll books and find the following result: For the Constitution votes. Against the Constitution votes. Given under our hands this day of , 1862.
To which shall be added the following affidavit: .................................County, to-wit:
I, a justice, (or other officer authorized to administer oaths or one of the acting commissioners), in and for said county, do hereby certify that the above named conducting officer this day made oath before me that the above certificate is correct and true. Given under my hand this day of , 1862.
"6. All persons qualified to vote under this Constitution shall be entitled to vote on the question of its adoption or rejection; and said first named commissioners shall provide for taking the vote of such of said qualified voters as may at the time of said election, be in the armies or service of the United States, whether within or beyond the boundaries of the proposed State, and any other such qualified voters as may be prevented by peril or other obstacle from voting in their respective counties, may vote at any place of voting in any other of the said counties, upon making oath that they have not elsewhere voted on the question.
"7. The officers and commissioners conducting the elections shall preserve their poll books and hold them subject to the order of the said first named commissioners, who shall provide for their collection and delivery to the authorities of the State of West Virginia; shall ascertain and certify to the Governor of Virginia the result of the said election so held; and if the same results in the adoption of said Constitution, they shall request him, as provided in the 8th section of the ordinance convening this Convention, to convene, and lay before the General Assembly of the State of Virginia, for its consent, as provided in the Constitution of the United States, a certified copy of this Constitution, with the result of said vote, and to request said general assembly, as provided in the 10th section of said ordinance, to give its consent to the formation and erection of the State of West Virginia, as proposed, and to forward to the Congress of the United States such consent, together with an official copy of said Constitution, with the request that the said State of West Virginia may at once be admitted into the Union of states.
"8. Said first named commissioners shall take such steps, and do all such things as they shall deem expedient, to procure, as soon as possible, the said consent of the said general assembly and Congress to the formation, erection and admission of the said State of West Virginia; the legislature whereof, at its first session shall provide for reimbursing the expenses incurred by said commissioners in the discharge of the duties of their appointment, and may make them a reasonable compensation for their services.
"9. When the General Assembly of the State of Virginia, and the Congress of the United States shall severally give their consent to the formation, erection and admission of said State of West Virginia, as proposed, the said commissioners shall forthwith issue their proclamation, which shall be inserted, for three or more successive weeks, in the newspapers published within the limits of the said new State, declaring this Constitution in operation, and directing an election to be held in every county thereof, at the several usual places of holding elections therein, on such day, not more than sixty days after the consent of Congress shall be obtained as aforesaid, as they shall appoint, and under the superintendence of such persons or former county officers as they shall designate, by name or otherwise, for the choice and election of judges of the circuit courts, and all the State and county officers provided in this Constitution to be elected except Supervisors, and shall provide and do all things necessary to be done in holding such election, ascertaining and certifying the result, and declare the same by proclamation; and shall qualify the state officers elect, the duties of whose offices call them to act at the capital of the State, and shall designate and appoint suitable persons in each of said counties to qualify the county officers elect in their respective counties, and the judges of the circuit courts; and said commissioners shall have power, if deemed necessary, to reconvene the members of this Convention, on such day as they may prescribe.
"10. The duties to be performed by the Commissioners, officers and clerks holding and conducting said election, and the privileges of the voters, and the penalties attaching for misconduct, on the part of any person, shall be, in all things, as now prescribed by law, and in this schedule.
"11. If the first election of senators, delegates, judges and state and county officers is held not more than six months before the first day of January in any year, or within six months thereafter, their respective terms of service, except that of the governor, shall begin twenty days after such election, but shall end on the day on which they would have ended had they begun on the first day of January. The same provisions shall apply to the first elections of governor except that the third Tuesday in January shall be substituted for the first day of January.
"12. All officers elected or appointed and qualified by authority of the State of Virginia who shall remain in the exercise of the functions of their respective offices within the limits of this State up to the time this Constitution goes into operation, may continue to exercise the same within their respective counties under the authority and in the name of this State until the officers first elected or appointed under this Constitution for the discharge of similar duties are qualified.
"13. The records, books, papers, seals and other property and appurtenances of the former circuit and county Courts shall, when transferred by the Legislature of Virginia to the State of West Virginia, remain in the care and custody of the circuit court hereby established for the same county, to which all process outstanding at the time this Constitution goes into operation shall be returned, and by which new process in suits then pending or previously determined in the said former courts may be issued in proper cases. Copies and transcripts of the records and proceedings of the said former courts shall be made out and certified by the courts having the case and custody of such records and proceedings, and shall have the same force and effect as if they had been heretofore properly made out and certified by the said former courts."
On motion of Mr. Lamb, said report was taken up for consideration.
The first section being read,
Mr. Van Winkle moved to amend the same by striking out the word "copies" and inserting the word "triplicates," in the 3rd line; and striking out the words "of such copies," in the 4th line, and inserting "thereof," which was agreed to.
On motion of Mr. Hall, of Marion, the words "other copies," in the 4th line, were stricken out and the word "others" inserted.
And the first section was adopted.
The word "Constitution" was inserted in the 9th line, in lieu of the word "copy."
Mr. Van Winkle moved to amend the 2nd section by striking out all after the word "published," in the 10th line, to the word "newspapers," in the 11th line, and insert the words "in all the"; and insert after the words "West Virginia," in the 12th line, the words "willing to publish the same," which amendment was rejected.
Mr. Stevenson of Wood moved to amend the 2nd section by striking out the words "once a week for successive weeks," which was agreed to.
On motion of Mr. Van Winkle, the word "heretofore," in the 14th line, was stricken out.
The 2nd section, as amended, was adopted.
On motion of Mr. Brown of Preston, the following words were inserted in the 16th line of the 3rd section, after the word "books"; "with the oaths and forms of returns herein required, attached thereto."
Mr. Hall of Marion moved that the following words be inserted in the 22nd line, after the word "last"; "for delegates to this Convention," which was adopted.
The 3rd section, as amended, was then adopted.
On motion of Mr. Stuart of Doddridge, it was Resolved, That hereafter until otherwise ordered, this Convention will meet at 2 o'clock P. M., instead of three o'clock.
The Convention, at the usual hour, took a recess.
The Convention re-assembled.
Mr. Lamb moved that the Convention order five thousand copies of the Constitution to be printed.
Mr. Dering moved to amend the motion by inserting ten thousand instead of five thousand, which was agreed to.
And the motion of Mr. Lamb was adopted, as amended.
The question then being upon the adoption of the 4th section of the schedule, it was read, and the word "materially," in the 41st line, was stricken out.
Mr. Brown of Kanawha, moved to fill the blank in the 30th line with the "fourth Thursday of May."
Mr. Sinsel moved to amend the motion by inserting "first Thursday of April," which was agreed to - yeas 25, nays 14.
And, on motion of Mr. Dering, the vote was recorded as follows:
YEAS - Messrs. Brown of Preston, Brooks, Battelle, Chapman, Dering, Dille, Raymond, Hubbs, Hagar, Irvine, Lauck, Mahon, Parsons, Powell, Paxton, Robinson, Sinsel, Simmons, Stevenson of Wood, Stewart of Wirt, Stuart of Doddridge, Taylor, Van Winkle, Warder, Wilson - 25.
NAYS - Messrs. Brown of Kanawha, Brumfield, Cook, Dolly, Hall, Hoback, Lamb, Montague, McCutchen, Ruff- ner, Stephenson of Clay, Sheets, Walker, John Hall (President) - 14.
On motion of Mr. Van Winkle the balance of the report was passed by and the 13th section taken up.
Mr. Van Winkle moved to amend the 164th line by inserting after the word "courts," the words "within the bounds of the State of West Virginia," and insert in lieu of the word "when," in the 165th line, the word "be," and striking out all after the word "transferred" to the word "remain," in the 166th line, and inserting in the blank the words "to and," which was agreed to.
The 13th section was then adopted as amended.
And, on motion of Mr. Van Winkle, said section was taken up on its second reading.
And the question being upon the adoption of the same, it was decided in the affirmative; and the section was referred to the Committee on Revision and Engrossment.
The 4th section was then taken up and adopted, as amended.
Mr. Lamb moved to amend the 5th section by striking out all from the words "the oath" to the words "1861," and insert the following oath or affirmation:
"I solemnly swear (or affirm) that I will support the Constitution of the United 'States, and the laws made in pursuance thereof, as the supreme law of the land, anything in the Constitution and laws of the State of Virginia, or in the ordinances of the convention which assembled at Richmond on the 13th of February, 1861, to the contrary notwithstanding," which motion was adopted; after which the 5th section, as amended, was adopted.
Upon the reading of the 6th section,
Mr. Brown of Preston moved to amend the 77th line, by adding at the end thereof the words "or of the State of Virginia," which was agreed to, and the 6th section adopted.
Mr. Lamb moved to amend the 7th section by inserting at the end of the 90th line, the words "by the voters of the forty-four counties first mentioned in the 2nd section of the first article of this Constitution," which amendment was adopted, after which the said section was adopted.
The 8th and 9th sections were then read and adopted. Mr. Van Winkle then moved to amend the 10th section by striking out the words "and the penalties attaching for misconduct, on the part of any person," which was adopted.
And the question being upon the adoption of the section, as amended, it was decided in the affirmative.
The 11th section was read and
Mr. Van Winkle moved to amend the 152nd line, by striking out the words "third Tuesday of January," and insert the fourth day of March, which was agreed to, and the section adopted.
The 12th section was then read and adopted.
Mr. Hall of Marion then offered the following additional Section:
"In the event of the formation and erection of the proposed new State, the whole cost of this Convention, including the election of its members, the submission of the Constitution to the people, and all other expenses attending the premises shall be refunded to the State of Virginia."
On motion of Mr. Sinsel, the second reading of said report was dispensed with, and it was referred to the Committee on Revision and Engrossment, with power to fill the blanks.
And, on motion of Mr. Parsons, the Convention adjourned till Monday morning at 11 o'clock.
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Chapter Eleven: First Constitutional Convention of West Virginia