Skip
Navigation

Timeline of West Virginia: Civil War and Statehood
January 27, 1863


Journal of the House of Delegates of the State of Virginia
(Wheeling: 1863)

Tuesday, January 27, 1863.

The following communication was received from the Senate:

SENATE CHAMBER, January 26th, 1863.

The Senate has this day passed the following bill:

House Bill No. 49, “An Act appropriating dollars to the Lunatic Asylum west of the Allegheny Mountains,” with the following amendment, in which they ask the concurrence of the House of Delegates: Strike out “thirty thousand” and insert “forty thousand,” and fill the blank in the title with “forty thousand.”

The Senate also insists upon its amendments No.’s, 2, 3, and 4, to House Bill No. 32, entitled “An Act staying the collection of certain debts,” and have concurred in the amendment of the House of Delegates to Senate amendment No. 5, to add after the work “Virginia” and before the word “or,” the words adhering to.”

The Senate also passed the following bill:

House Bill No. 35, entitled “An Act allowing additional compensation to Sheriffs and Collectors of the Public Revenue of the State,” with the following amendment, in which they ask the concurrence of the House of Delegates: Strike out after the work “that” in the first line and insert the following – “Every Sheriff or Collector in any county where the Public Revenue does not exceed eight thousand dollars, there shall be allowed by law 2 ˝ per cent, and in counties where it does not exceed five thousand dollars, an additional compensation to that allowed by law, of five per cent.

“Sec. 2. In all counties where Sheriffs or Collectors have not been appointed for the collection of the Revenue for the years 1861, 1862, and 1863, and have not yet filed their bonds in the Auditor’s office in the city of Wheeling, the Auditor is hereby authorized to appoint Collectors for such counties and to take from them bonds with surety for the faithful performance of their duties, and the payment of such revenue into the public treasury and for the collection of all such revenue due for the years 1861, 1862, and 1863. The Collector so appointed, shall be allowed, on all monies collected and paid into the treasury at the time prescribed by law for the payment of the Revenue for 1863, a commission of ten percent. Nothing in this Act shall be so construed as to change the commission now allowed for the collection of merchants’ or any other license.

“Sec. 3. This Act shall be in force from its passage.”

The Senate has this day the following bill:

House Bill No. 62, “An Act imposing taxes for the support of the Government,” with the following amendments, in which they ask the concurrence of the House of Delegates:

“1st. Where the words “moneys and credits” occur last in the 2d section, they are amended so as to read as follows “moneys and credits.”

“2d. In the 10th section strike out “thirty” and insert “forty,” and further along in the section strike out “forty” and insert “fifty.”

“3d. In the 11th section strike out the words “or any other house, not private, but kept for public resort for any purpose.”

“4th. In the 12th section strike out the words “or any house not private, but kept for public resort for any purpose.”

“5th. In the 17th section strike out the work “fifteen” and insert “twenty,” the words “twenty-five” and insert “thirty,” the word “thirty” and insert “forty,” the words “forty-five” and insert “sixty,” in the words “seventy-five” and insert “one hundred.”

“6th. In the 19th section strike out “seventy-five” and insert “one hundred” strike out “thirty” and insert “forty,” and strike out the words “three-fourths of.”

“7th. In the 28th section insert after the word “performances” where it first occurs in the section, the words “public show, exhibition, concert or other performance.”

“8th. In the 31st section insert after the word “performance” where it first occurs in the section, the words “except where held in a room licensed under the provisions of the preceding section of this Act.”

“9th. In the 32d section insert after the word “beer” the words “when in a city or town the population of which is over eight hundred, “ and insert after the word “dollars” in the same section, the words “and at all other places ten dollars.”

“10th. In the 37th section strike out the work “five” in both the fourth and fifth lines, and insert in lieu thereof the word “one.”

“11th. In the 39th section strike out the word “person” and insert the words “Express Company.”

“12th. Strike out the whole of the 41st section.

“13th. In the 42d section strike out in the fourth line the word “two” and insert “one,” in the fifth line strike out the words “and fifty cents,” and in the sixth and seventh lines strike out the words “for one hundred dollars or smaller sums.”

The Senate has this day passed the following joint resolution, in which they ask the concurrence of the House of Delegates:

“WHEREAS, it is represented to the General Assembly, That the rebel authorities in Virginia have arrested and now have confined in prison, many citizens, civilians and non-combatants, including men, women and children, on the pretence of their disloyalty to the pretended Southern Confederacy, for remedy, Therefore

“Resolved by the General Assembly, That the President of the United States be and he is hereby respectfully requested to order commanding officers in this State, to retaliate by arresting or causing to be arrested, such a number of known adherents to or sympathizers with the pretended Confederacy, as in his opinion may be expedient to be held in close confinement as hostages and be subjected to all respects, as nearly as may be, to the same treatment which is imposed upon loyal citizens by the said pretended Government and to make such other or further order, as in his opinion shall be necessary to effect the release of such citizens as are now or may hereafter be so arrested and confined by the rebel authorities.

“Resolved, That the Governor be, and is hereby requested to communicate the foregoing preamble and resolution to the President of the United States, together with a list of the names and condition so far as may be known to him of the persons so held in confinement, as aforesaid, with such other information pertinent to the subject as he may deem expedient.”

House Bill No. 62, with amendments, was taken up, and thereupon Mr. Wilson moved to pass it by, and the question being put, it was determined in the negative.

The question being on concurring with the Senate in its first amendment, it was determined in the negative.

The question being on concurring with the Senate in its second amendment, it was determined in the negative.

The third, fourth, seventh, eighth, ninth and eleventh, of the Senate’s amendments were concurred in.

On motion of Mr. Logan the vote refusing to concur with the Senate in its first amendment was reconsidered, and thereupon the amendment was concurred in.

The second, fifth, tenth and twelfth amendments of the Senate were not concurred in.

The question being on concurring with the Senate in the thirteenth amendment, Mr. Crothers moved to amend in the fourth line of the 42d section, by inserting after the word “dollars” the words “for the seal of a Court or Notary Public or any other seal, fifty cents,” and the question being put, it was determined in the affirmative.

The question being on the amendment, as amended, it was determined in the affirmative.

House Bill No. 49, reported with amendments from the Senate, was taken up, and thereupon, the vote on the amendment was recorded as follows:

YEAS – Messrs. Porter (Speaker), Barker, Boreman, Bumgarner, Crothers, Davis, Farnsworth, Fast, Hooten, Hale, Kramer, Kenney, Logan, Miner, Myers, Kitchen, Powell, Patrick, Rollyson, Snider, Swan, Vance, Wilson, West, Wheat, Williamson of Pleasants, Wright and Zinn – 29.

NAYS – Messrs. Davidson, Downey, Michael, Ruffner and Smith – 5.

So the amendment was adopted.

On motion of Mr. Ruffner a Committee of Conference, consisting of Messrs. Ruffner, Wilson and Zinn on the part of the House, was appointed to confer with a like committee to be appointed on the part of the Senate, in reference to House Bill No. 32, and amendments insisted upon by the Senate.

House Bill No. 35, with amendment, was taken up, and the question being on concurring with the Senate in its amendment, it was determine in the negative.

The Chairman of the Committee of Finance reported the following bill:

No. 101, “A Bill appropriating the Public Revenue for the fiscal year 1862 and 1863, and part of the fiscal year 1863 and 1864.”

The Chairman of the Committee of Propositions and Grievances reported the following bill:

No. 102, “A Bill for the relief of the sureties of George C. Kerr, late Sheriff of Marion county.”

The Chairman of the Committee for Courts of Justice reported in favor of the passage of Senate Bill No. 19, heretofore committed to them, entitled “An Act for the relief of Theodore Davis;” also in favor of the passage of the Senate Bill “increasing the compensation of Jurors.”

The following bills, on their first reading were taken up and advanced a stage:

House Bill No. 100, “A Bill to authorize the Auditor of Public Accounts to appoint Commissioners of the Revenue in certain cases,”

House Bill No. 101, “A Bill appropriating the Public Revenue for the fiscal year 1862 and 1863, and a part of the fiscal year 1863 and 1864.”

House Bill No. 102, “A Bill for the relief of the sureties of George C. Kerr, late Sheriff of Marion county.

On motion of Mr. Hooton,

Resolved, That the Committee on Finance be instructed to inquire into the expediency of reporting a bill requiring the refunding to Dr. Solomon Parsons, of Tucker county, the amount paid by him into the Treasury on his merchant and physician license for the years 1861 and 1862.

On motion of Mr. Wheat,

Resolved, That the Committee for Courts of Justice inquire into the expediency of reporting a bill exempting the Baltimore and Ohio Railroad Company from the payment of the taxes of 1861 and 1862 in consequences of the losses in real and personal property by rebel raids.

Senate Bill No. 19 was taken up, and thereupon, on motion, the further consideration of the bill was passed by for the present.

On motion of Mr. Crothers,

Resolved, That the Committee on Finance inquire into the expediency of allowing Samuel Wilson, Sheriff of Hancock county, his delinquent list for 1860.

The Senate joint resolutions reported this morning were taken up, and thereupon Mr. Ruffner moved to amend by laying them on the table and ordering them to be printed, and the question being put, it was determined in the negative. Mr. Farnsworth demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:

YEAS – Messrs. Porter (Speaker), Boreman, Bumgarner, Davidson, Davis, Fast, Hawxhurst, Hale, Logan, Myers, Kitchen, Patrick, Ruffner, Rollyson, Smith, Vance, Wilson, West, Wheat, Williamson of Pleasants, Wright and Zinn – 22.

NAYS – Messrs. Barker, Bowyer, Crothers, Farnsworth, Hooton, Kramer, Keeney, Michael, Miner, Snider and Swann – 11.

The joint resolution of the Senate in reference to “the sale of the Alexandria and Washington Railroad under two deeds of trust,” heretofore reported from the Senate, was taken up, and thereupon Mr. Patrick moved to lay on the table, pending which, the hour of recess having arrived, the Speaker vacated the Chair.

2 ˝ O’Clock, P.M.

The House re-assembled.

The unfinished business at the hour of recess was taken up, and the question being on laying on the table, Mr. Kramer demanded the yeas and nays, which demand being sustained, the question was put and determined in the affirmative.

On motion of Mr. Crothers the resolution authorizing the Governor to appoint a Janitor for the Public Buildings, heretofore offered and laid on the table, was taken up, and the question being on the adoption of the same, it was determine in the affirmative.

Engrossed House Bill No. 50, “An Act entitled “An Act to amend and re-enact section 48 of chapter 58 of the Code of 1860” was taken up, and thereupon the question being on the passage of the bill, it was determined in the affirmative.

On motion of Mr. Ruffner the title of the bill was amended by striking out the words “entitled an Act.”

Engrossed House Bill No 70, “An Act making an appropriation to rebuild a bridge over Stony River on the North Western Turnpike, in Hardy county,” was taken up, and the question being on the passage of the bill, the vote was recorded as follows:

YEAS – Messrs. Boreman, Bumgarner, Crothers, Davidson, Farnsworth, Fast, Hawxhurst, Hooton, Hale, Keeney, Logan, Michael, Miner, Kitchen, Parsons, Ruffner, Smith, Swan, West, Wheat, Wright and Zinn – 22.

NAYS – Messrs. Porter (Speaker), Kramer, Snider, Wilson, and Williamson of Pleasants – 5.

Engrossed House Bill No. 68, “An Act to amend and re-enact the Act passed May 15th, 1862, entitled “An Act to re-organize the Kanawha Board” was taken up, and the question being on the passage of the bill, it was determined in the affirmative.

Engrossed House Bill No. 65, “An Act for the relief of Wm. Dickinson, Jr., of the county of Kanawha,” was taken up, and the question being on the passage of the bill, Mr. Snider demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:

YEAS – Messrs. Crothers, Patrick, Ruffner, Smith, Wilson and Wheat, 6.

NAYS – Messrs. Porter (Speaker), Bumgarner, Davidson, Farnsworth, Fast, Hooton, Hale, Kramer, Keeney, Michael, Kitchen, Parsons, Snider, Swan, West, Williamson of Pleasants, Wright and Zinn – 18.

Engrossed House Bill No. 58 “An Act to legalize the appointment of Ferdinand Lewis as administrator of the estate of Solomon Michael, Sr., late of Hardy county,” was taken up, and the question being on the passage of the bill, it was determined in the affirmative.

Engrossed House Bill No. 82 “An Act in reference to the troops raised within the boundaries of the proposed State of West Virginia,” was taken up, and the question being on the passage of the bill, it was determined in the affirmative.

Engrossed House Bill No. 83, “An Act allowing mileage to the delegates of the Convention” was taken up, and the question being on the passage of the bill, the vote was recorded as follows:

YEAS – Messrs. Porter (Speaker), Barker, Boreman, Bumgarner, Crothers, Davidson, Farnsworth, Hawxhurst, Hale, Keeney, Michael, Kitchen Parsons, Patrick, Rollyson, Ruffner, Swan, West, Wheat, Williamson of Pleasants, Wright and Zinn – 22.

NAYS – Messrs. Davis, Fast, Hooton, Kramer, Smith Snider and Wilson 7.

Engrossed House Bill No 98, “An Act to amend the second section of chapter four of the Code of Virginia in relation to districting the State for Representatives in Congress” was taken up, and the question being on the passage of the bill it was determined in the affirmative.

Engrossed House Bill No. 59, “An Act giving the consent of the State of Virginia to the county of Berkeley being admitted into and becoming part of the State of West Virginia” was taken up, and the question being on the passage of the bill, it was determined in the affirmative.

Engrossed House Bill No. 81, “An Act authorizing the Governor to postpone the May election for the year 1863,” was taken up, and the question being on the passage of the bill, Mr. Davis demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:

YEAS – Messrs. Porter (Speaker), Barker, Boreman, Bumgarner, Bowyer, Crothers, Davidson, Farnsworth, Fast, Hawxhurst, Hooton, Hale, Kramer, Keeney, Logan, Michael, Miner, Kitchen, Parsons, Ruffner, Snider, Swan, Wheat, West, Williamson of Pleasants, Wright and Zinn – 26.

NAYS – Messrs. Davis and Smith – 2.

Engrossed House Bill No. 67, “An Act to incorporate the Citizens’ Railway Company of the City of Wheeling” was taken up, and the question being on the passage of the bill, on motion the bill was laid on the table.

Engrossed Bill No. 80, “An Act making appropriations to the proposed States of West Virginia when the same shall become one of the United States” was taken up, and thereupon, on motion of Mr. Miner, the bill was laid on the table.

The unfinished business at the hour of adjournment on yesterday, it being the motion to strike from the roll the names of “Geo. B. Dunton” and “A. McGinnis” was taken up, and thereupon Mr. Ruffner offered the following:

Resolved, That the names of Messrs. Dunton and McGinnis be omitted from the roll of the House, because of their non-appearance for so long a period.

Mr. Kramer moved to indefinitely postpone the motion and amendment, and the question being put, it was determined in the affirmative.

On motion of Mr. Logan,

House Bill No. 67, heretofore laid on the table, was taken up, and the question being on the passage of the bill, it was determined in the affirmative.

On motion of Mr. Hawxhurst,

Resolved, That the Committee for Courts of Justice inquire as to the expediency of repealing an Act passed January 31st, 1862, changing the manner of examining the polls, and certifying elections for certain officers in this Commonwealth, and re-enacting the 8th chapter of the Code of 1860 on the same subject.

House Bill No. 54, on its second reading, “A Bill entitled “An Act allowing certain claims out of any money derived from assessment of fines for the non-performance of military duty under the order of the Governor by his proclamation of September, 9th, 1862, was taken up, and thereupon Mr. Kramer offered a substitute, and the question being on the adoption of the same, it was determined in the affirmative. The question being on the engrossment of the bill, it was determined in the affirmative.


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

West Virginia Archives and History