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Timeline of West Virginia: Civil War and Statehood
January 15, 1863


Journal of the House of Delegates

THURSDAY, January 15, 1863.

Prayer by Rev. Mr. Clark, of the M. E. Church.

The following communication was received from the Senate:

SENATE CHAMBER,
January 14th, 1863.

The Senate has this day refused to concur with the House of Delegates in the passage of No. 12, H. B., entitled “An Act authorizing the Counties of Upshur and Preston, to issue County Treasury Notes, for the purpose of paying the volunteers of said Counties.”

The Senate has this day passed the following bill:

No. 3, House Bill, entitled “An Act to declare that the Council of the City of Wheeling shall consist of two Boards or branches.” with the following amendment, in which they ask the concurrence of the House of Delegates: Add to the end of the 10th section the words “But the First Branch may propose or concur with amendments, as on other propositions.”

The Chairman of the Committee for Courts of Justice reported in favor of the passage of the following Senate Bills.

Senate Bill, No. 11, “An Act to amend and re-enact the tenth section of chapter 170 of the Code of Virginia.” Also,

Senate Bill No. 18, “An Act to authorize Charles B. Waggoner, Trustee, to sell certain property in Mason county.”

The Chairman of the Committee for Roads and Internal Navigation, reported the following bill, which was read the first time:

No. 68, “A Bill to amend and re-enact the act passed May 15, 1862, entitled ‘an act to reorganize the Kanawha Board.’”

The Chairman of the Committee of Propositions and Grievances, reported the following bill, which was read the first time:

No. 69, “A Bill to amend and re-enact the first section of an act entitled ‘an act to incorporate the City of Wheeling, in Ohio county, passed March 11, 1836.’”

Mr. Logan presented a petition of sundry citizens of Wheeling, numerously signed, praying for the extension of the stay law, which was referred to the appropriate Committee.

House Bill No. 3, reported from the Senate this day with amendment, “an act to declare that the Council of the City of Wheeling shall consist of two Boards or Branches,” was taken up, and thereupon on motion of Mr. Logan, the amendment of the Senate was concurred in.

The Chairman of the Committee on Roads and Internal Navigation, reported the following bills, which were read the first time:

No. 70, “A Bill making an appropriation to rebuild a bridge over Stony River, on the Northwestern Turnpike, in Hardy county.

Engrossed H. B., No. 43, “A Bill for the relief of Elisha Morgan of the County of Wetzel, from certain liabilities, was taken up, and thereupon the vote was recorded as follows:

YEAS----Messrs. Porter, (Speaker,) Barker, Boreman, Bumgarner, Bowyer, Davidson, Farnsworth, Fast, Hawxhurst, Hale, Hooton, Keeney, Logan, Michael, Myers, Henderson, Kitchen, Parsons, Patrick, Rollyson, Smith, Swan, West, Wheat, Williamson of Pleasants, Wright, and Zinn----27.

NAYS----Messrs. Kramer, Ruffner, Snider, Vance, Wilson, and Williamson of Wirt----6.

Engrossed H. B., No. 56, “A Bill to authorize the purchase on behalf of the State, of the Branch of the Northwestern Bank of Virginia, at Jeffersonville, in the County of Tazewell, and to provide for the outstanding liabilities of said Branch,” was taken up, and thereupon, on motion of Mr. Wilson, the further consideration of the bill was passed by for the present.

House Bill, No. 32, on its second reading, “A bill providing for the amending and re-enacting of an act passed by the General Assembly, on the 8th day of February, 1862, entitled ‘an act staying the collection of certain debts,’” was taken up, and thereupon, on motion of Mr. Ruffner, the 3rd section was amended by the following substitute:

“Sec. 3. In all debts or liabilities accruing before the 26th day of July, 1861, the debtor is required, upon demand of the creditor, to pay the interest due thereon within----months after demand thereof, and upon failure therein, may be proceeded against as if this act had never been passed,” and the question being put, it was determined in the affirmative.

Mr. Ruffner moved to fill the blank with “six,” and thereupon Mr. Logan moved to fill the blank with “ninety days,” whereupon the question being put on the first motion, the blank was filled with “six.”

Mr. Hooton moved further to amend, by striking out the 3rd section, when Mr. Kramer moved the previous question, which motion being seconded, the main question was put and determined in the negative.

Mr. Zinn moved further to amend the 3d section after the word “thereof” by inserting the following words “as though this act had never been passed” and the question being put it was determined in the negative, and thereupon Mr. Farnsworth moved further to amend the 3d section as follows:

“Be it further enacted, that in all debts in which judgments have been rendered and docketed in accordance with the provisions of this act passed July 26, 1861, and February 8, 1862, providing for the staying the collection of certain debts, and if any debtor shall fail to pay one-fourth part with interest and (costs if any ) on any and all liabilities within three months, and one-fourth and interest in six months, and one-fourth and interest in nine months and the last fourth and interest in twelve months after the passage of this act, but if the debtor shall fail in any one of these payments any such creditor may proceed to enforce the payment of any such debt, claim or judgment as if this act had never been passed.”

Mr. Wheat moved to amend the amendment as follows: Except the counties of Mason, Putnam, Kanawha, Boone, Clay, Fayette, Jackson, Roane, Braxton, Nicholas, Webster, Wayne, Campbell, Randolph, Tucker, Hardy, Hampshire, Pendleton, Morgan, Berkley Alexandria, Fairfax and Prince William,” and the question being put it was determined in the negative, and thereupon Mr. Davidson moved to amend the amendment by inserting “six, twelve, eighteen and twenty four” in lieu of “ three, six, nine and twelve” and thereupon Mr. Wilson demanded the yeas and nays, which demand was sustained, when on motion of Mr. Boreman, the further consideration of the bill was passed by for the present.

On motion of Mr. Boreman,

Resolved, That this House, with the concurrence of the Senate, proceed to the election of a Public Printer at eleven o’clock A. M. on Saturday next.

On motion of Mr. Hooton,

Resolved, That that portion of the Governor’s message of the 12th January, 1863, that refers to the act passed by the General Assembly at its session of 1860-1, limiting the time for bringing actions to recover real estate west of the Allegheny mountains to ten years, be referred to the Committee of Courts of Justice and that they report by bill or otherwise.

On motion of Mr. Smith,

Resolved, That the Committee on Roads and Internal Navigation inquire into the expediency of reporting a bill providing for the relief of the Contractor on the Clarksburg and Wheeling Turnpike Road.

On motion of Mr. Smith,

Resolved, That the Committee of Courts of Justice enquire into the expediency of reporting a bill regulating the freedom of the Press.

On motion of Mr. Davis, the House adjourned.


Timeline of West Virginia: Civil War and Statehood: January 1863

West Virginia Archives and History