WHEELING, June 20, 1863.
WHEELING, June 20, 1863.
In pursuance of section 5, of the Ordinance providing for the organization of the State of West Virginia, passed by the Constitutional Convention of said State, February 19, 1863, a portion of the members of the House of Delegates of said State of West Virginia met this day in the Linsley Institute, in the city of Wheeling.
On motion of Daniel Lamb, P. G. Van Winkle was appointed temporary Speaker, and Lee Roy Kramer temporary Clerk.
On motion of Mr. Lamb,
Resolved, That the chairman call the counties in alphabetical order, and when a county is called the delegate or delegates claiming to represent such county shall advance to the Speaker’s desk, give in their names to the Clerk, and if no objection be made to their being sworn, proceed to take the oath prescribed by the 5th section of 3d article of the Constitution. If objection be made, the question to be disposed of by the House. A list of the members sworn shall be kept by the Clerk.
Resolved, That when the members present have been sworn in, if a quorum be present, the House proceed to elect by ballot their Speaker, Clerk, Sergeant-at-Arms, Doorkeeper and Janitor; which being done, a message shall be sent to the Senate to advise them that the House has been organized and is ready to proceed to business.
The counties were called and the following persons answered to their names: Barbour county, Joseph Teter, jr.; Boone, Robert Hagar; Braxton, Felix Sutton; Brooke, H. W. Crothers; Doddridge, Ephraim Bee; Greenbrier, A. W. Mann; Hancock, William L. Crawford; Harrison, Nathan Goff; Hampshire, George W. Sheets; Hardy, John Michael; Jackson, D. J. Keeney; Kanawha, Lewis Ruffner and Spicer Patrick; Lewis, P. M. Hale; Logan, James H. Hinchman; Marion, Isaac Holman and John S. Barns; Marshall, Joseph Turner and Michael Dunn; Mason, Lewis Bumgarner; Monongalia, Lee Roy Kramer and John B. Lough; Morgan, Joseph S. Wheat; Monroe, Lewis Ballard; Ohio, Daniel Lamb and Andrew F. Ross; Pendleton, John Boggs; Preston, W. B. Zinn and James C. McGrew; Putnam, George C. Bowyer; Roane, Joseph M. McWhorter; Taylor, L. E. Davidson; Tyler, Daniel Sweeney; Upshur, Jacob Teter; Wetzel, Samuel I. Robinson; Wirt, Albert Foster; Pleasants and Wood, H. N. Crooks and P. G. Van Winkle; Calhoun and Gilmer, W. T. Wiant; Clay and Nicholas, Anthony Rader; Webster and Pocahontas, Benoni Griffin; Tucker and Randolph, Cyrus Kittle; Wyoming, McDowell and Raleigh, William S. Dunbar.
All of whom came forward and were qualified.
Mr. Kramer nominated for Speaker, Spicer Patrick; who was unanimously elected. Messrs. Lamb and Kramer were appointed to conduct the Speaker elect to the chair, which duty being performed, that officer returned appropriate acknowledgments for the honor conferred.
Lewis Ruffner nominated for Clerk, Gibson L. Cranmer. Cyrus Kittle nominated Granville D. Hall. Mr. Cranmer received nine votes, and Mr. Hall thirty-five votes. Mr. Hall was declared elected, and appeared and took the oath of office.
Mr. Kramer nominated for Sergeant-at-Arms, Sanford G. W. Morrison; who was unanimously elected, and it was so declared. Mr. Morrison appeared and was qualified.
Mr. Lamb nominated William Holliday for Doorkeeper, and Mr. Holliday being unanimously elected, was so declared, and was qualified.
Mr. Lamb also nominated for Janitor, John Charnock; who was unanimously elected and so declared. Mr. Charnock came forward and assumed the oath of office.
On motion of Mr. Kramer,
Resolved, That the Speaker be authorized to appoint two Pages to this House.
Under this resolution, the Speaker appointed Masters R. J. Bullard and J. K. Duncan.
On motion of Mr. Crothers,
Resolved, That the Sergeant-at-Arms be instructed to procure desks and chairs sufficient for the members of this House.
On motion of Mr. Lamb,
Resolved, That the Senate be informed of the organization of the House and its readiness to proceed to business.
Messrs. Van Winkle, Hale and Kittle were directed to so inform the Senate, and returning reported the performance of that duty.
On motion of Mr. Lamb,
Resolved, That a standing committee on Elections and Privileges, to consist of five menbers, be appointed to examine and report upon the certificates and other evidences submitted to them touching the rights of all persons claiming to have been elected members of this House; and also upon such other petitions and matters respecting elections and returns, or relating to the privileges of members and officers of this House, as may from time to time be referred to them.
Mr. Lamb, on behalf of the late Constitutional Convention, submitted the following report:
To the Legislature of West Virginia:
The Executive Committee appointed by the late Constitutional Cenvention, beg leave most respectfully to report:
The second session of the Constitutional Convention was held in the city of Wheeling, commencing on the twelfth day of February last, to take into consideration the alteration in the Constitution of West Virginia, proposed by the act of Congress, approved December 31, 1862, entitled, “An Act for the admission of the State of West Virginia into the Union and for other purposes.” The Convention adjourned on the twentieth day of February, having unamimously adopted the amendment proposed by Congress.
It then devolved upon the Executive Committee to cause the Amended Constitition to be submitted to the people of West Virginia, according to the ordinance for that purpose passed by the Convention. In the language of the ordinance, it became our duty to take such measures, and to doall such things, no inconsistent with the ordinance, as we might deem expedient to cause the vote on the ratification of the Amended Constitution to be fully, fairly and impartially taken in every part of the proposed State; and to procure the admission of the said State into the Union, if the Amended Constitution thereof should be ratified by the people.
The poll on the question of ratification was taken in the several counties, where it was possible to hold the election, on the twenty-sixth day of March last. The votes of all such persons entitled to vote on the question as were at the time in the armies or service of the United States, were taken in conformity with the ninth section of said ordinance, from the 12th to the 26th of March, including both of the said days, by commissioners appointed by this Committee for the purpose, and acting under the instructions herewith submitted. (A.) The result was the ratification of the Amended Constitution, by twenty-eight thousand three hundred and twenty-one votes in its favor and five hundred and seventy-two against it. Of these votes, 26,632 in favor of ratification and 534 against it were given within the limits of the proposed State. The particulars are stated in the certificate dated April 16, 1863, signed by the President of the Convention and the members of this Committee, and annexed to this report. (B.) We also submit herewith the several returns, certificates and poll books upon which our certificate is founded, to be preserved as part of the records of the New State.
It will be seen that there were ten counties within the limits of West Virginia in which owing to the presence of rebel forces, no vote was taken; and several others were, from the disturbed state of the country, the vote was very small. The emigration of many who were once citizens and voters among us, and the raids and devastation to which so large a portion of our territory has been subjected, have contributed materially to reduce the vote. Yet the entire vote given in the forty-eight counties at the Presidential election in November, 1860, was by 46,894; and the whole number of voters in March, 1863, must have been less than this amount. We may therefore assume, as an unquestionable fact, that our Constitution, submitted as it was under very unfavorable circumstances, has been approved and ratified by a large majority of all the lawful voters of West Virginia.
The amendment proposed by Congress having thus been made by the Convention and ratified by the people, a certificate of these facts, dated April 16, 1863, under the hand of the President of the Convention, and countersigned by the members of this Committee, as required by the tenth section of the ordinance, was transmitted to the President of the United States. A duplicate of this certificate is herewith submitted. (C.) Upon the presentation of this certificate to him, the President of the United States promptly issued his proclamation of April 20, 1863, declaring the act of Congress to take effect and be in force from and after sixty days from that date.
As soon as this proclamation was received, the Executive Committee, in accordance with the ordinance passed by the Constitutional Convention on the 19th of February, 1863, entitled “An Ordinance to provide for the organization of the State of West Virginia,” issued their proclamation of April 22, 1863, making known that on the twenty-eighth day of May, 1863, an election would be held at the several places of voting in the forty-eight counties to be included in the State of West Virginia, for the election under the Amended Constitition thereof, of Senators and Delegates, a Governor, Secretary of the State, Treasurer, Auditor, Attorney General, three Judges of the Supreme Court of Appeals, a Judge for each Circuit, and the following officers for each county, that is to say, a Clerk of the Circuit Court, Sheriff, Prosecuting Attorney, Surveyor of Lands, and Recorder; and that pursuant to the said ordinance, the Senators and Delegates so to be elected, are to asesmble at the city of Wheeling, on Saturday, the 20th day of June, 1863, at eleven o’clock in the forenoon, and proceed to organize themselves in their respective Branches as the Legislature of West Virginia.
A copy of this proclamation of April 22, 1863, accompanies this report. We also herewith return a list of the county superintendents appointed by us for superintending the election in the several counties, and copies of the poll-books, forms and instructions issued prusuant to the last mentioned ordinance.
The election was held in pursuance of the said Ordinance and Proclamation; and as required by the 18th clause of the 4th section of the ordinance, we respectfully submit herewith all the returns and evidences relating to the said election which have been received by us. An abstract or general statement of the same is annexed to this report.
We further respectfully report that from the returns and evidences relating to said election, it appears to us that the following persons were duly elected to the officers stated below, that is to say:
Arthur I. Boreman, of Wood county, to the office of Governor;
J. E. Boyers, of Tyler county, to the office of Secretary of the State;
Campbell Tarr, of Brooke county, to the office of Treasurer;
Samuel Crane, of Randolph county, to the office of Auditor;
Aquilla B. Caldwell, of Ohio county, to the office of Attorney General;
Ralph L. Berkshire, of Monongalia county, William A. Harrison, of Harrison county, and James H. Brown, of Kanawha county, to the offices of Judges of the Supreme Court of Appeals;
Elbert H. Caldwell, of Marshall county, to the office of Judge of the first circuit;
John A. Dille, of Preston county, to the office of Judge of the second circuit;
Thomas W. Harrison, of Harrison county, to the office of Judge of the third circuit;
Chapman J. Stuart, of Doddridge county, to the office of Judge of the fourth circuit;
Robert Irvine, of Lewis county, to the office of Judge of the fifth circuit;
George Loomis, of Wood county, to the office of Judge of the sixth circuit;
Daniel Polsley, of Mason county, to the office of Judge of the seventh circuit;
Henry Jefferson Samuels, of Cabell county, to the office of Judge of the eighth circuit;
[No returns for Judge of the ninth circuit.]
John W. Kennedy, of --------- county, to the office of Judge of the tenth circuit;
And that Chester D. Hubbard, of Ohio county, and John H. Atkinson, of Hancock county, were duly elected Senators for the first Senatorial district;
James Burley, of Marshall county, and Aaron Hawkins, of Marion county, Senators for the second Senatorial district;
Edward C. Bunker, of Monongalia county, and John J. Brown, of Preston county, Senators for the third Senatorial district;
Daniel Haymond, of Ritchie county, and Edwin Maxwell, of Doddridge county, Senators for the fourth Senatorial district;
William E. Stevenson, of Wood county, and E. S. Mahon, of Jackson county, Senators for the fifth Senatorial district;
Daniel D. T. Farnsworth, of Upshur county, and William D. Rollyson, of Braxton county, Senators for the sixth Senatorial district;
Greenberry Slack, of Kanawha county, and John M. Phelps, of Mason county, Senators for the seventh Senatorial district;
John B. Bowen, of -------- county, and W. H. Copley, of -------- county, Senators for the eighth Senatorial district;
The returns and evidences for the ninth Senatorial district are respectfully submitted to the Senate.
And James Carskadon, of Hampshire county, and Aaron Bechtol, of Morgan county, Senators for the tenth Senatorial district.
The Executive Committee have, pursuant to the ordinance, given notice of their election to the officers so appearing to be elected.
By the ordinance of February 19, 1863, section 5, it is made the duty of the Executive Committee to provide suitable rooms and accommodations for each Branch of the Legislature.
In accordance with this provision, we have procured rooms for each Branch, and several committee rooms, in the Linsley Instutite, in the city of Wheeling. The contact for that purpose with the Rev. R. V. Dodge, is annexed to this report. Some expenses have been incurred for furniture and fitting up the rooms for the accommodation of the Legislature; the bills for which will be submitted.
By a resolution of the Constitutional Convention, passed February 20, 1863, it was
“Resolved, That so much of the seven thousand dollars, appropriated by the Legislature of Virginia, to pay the expenses of this body, and of the elections ordered by it, as may remain unexpended at the time of our adjournment, be placed at the disposal of the Executive Committee of this Convention, to defray the necessary expenses incurred in carrying into execution the ordinances of this Convention, and the schedule annexed to the original Constitution; and that the said Executive Committee render their account thereof to the Legislature of West Virginia at their first session.”
We respectfully ask your honorable body to appoint a committee before whom we can render and settle our account of the money received under the foregoing resolution; and that said committee be instructed to receive and report upon such claims as may still remain unpaid for expenses incurred in carrying into execution the ordinances of the late Constitutional Convention, and the schedule annexed to the original Constitution, including the expenses of all elections held under or by virtue of the said ordinances and schedule. All of which is respectfully submitted.
J. W. PAXTON,
P. G. VAN WINKLE,
E. B. HALL,
E. H. CALDWELL,
WHEELING, June 19, 1863.
On motion of Mr. Van Winkle,
Resolved, That the report of the Executive Committee be made a part of the Journal of this House.
On motion of Mr. Ruffner,
Resolved, That the rules of the last House of Delegates of Virginia, be adopted as the rules of this House, so far as they are applicable, for the present, and that the Clerk procure the printing of one hundred copies thereof for the use of the members.
Resolved, That a committee of five be appointed to report permanent rules of order to regulate our proceedings.
On motion of Mr. Lamb,
Resolved, That the returns and evidences relating to the election of May 28, 1863, for Governor, Secretary of the State, Treasurer, Auditor, Attorney General, Judges of the Supreme Court of Appeals, and Judges for the Circuit Courts, with so much of the report of the Executive Committee of the Constitutional Convention as relates thereto, be referred to a joint committee to consist of three members of the Senate and three members of the House of Delegates, to examine and report thereon; and that the said committee be instructed to report a joint resolution declaring the result, in conformity with the 18th clause of the 4th section of the ordinance of said Convention, entitled “An Ordinance to provide for the organization of the State of West Virginia.”
Ordered, That Mr. Lamb inform the Senate of the adoption of this resolution.
Under the foregoing resolution, the following gentlemen were appointed: Messrs. Lamb, Goff and Bowyer.
On motion of Mr. Ruffner,
Resolved, That the Clergy of the city be invited by the Speaker to open the sessions of this House each morning with prayer.
On motion of Mr. Van Winkle,
Resolved, That when this House adjourn to-day, it adjourn to meet on Monday next at ten o’clock, A. M.; and at the same hour from day to day until further order.
A message from the Senate announced the organization of that body and its readiness to proceed to business.
A message from the Senate announced concurrence in the joint resolution raising a committee to count the vote for State and district officers; and that Messrs. Brown, Hubbard and Burley were appointed on the part of the Senate.
Mr. Lamb, from the joint committee to count the vote reported the following resolution:
Resolved, by the Legislature of West Virginia, That Arthur I. Boreman be and he is hereby declared duly elected to the office of Governor of this State; J. E. Boyers to the office of Secretary of the State; Campbell Tarr to the office of Treasurer; Samuel Crane to the office of Auditor; Aquilla B. Caldwell to the office of Attorney General; Ralph L. Berkshire, William A. Harrison and James H. Brown resprectively to the office of Judge of the Supreme Court of Appeals; Elbert H. Caldwell to the office of Judge of the first circuit; John A. Dille to the office of Judge of the second circuit; Thomas W. Harrison to the office of Judge of the third circuit; Chapman J. Stuart to the office of Judge of the fourth circuit; Robert Irvine to the office of Judge of the fifth circuit; George Loomis to the office of Judge of the sixth circuit; Daniel Polsley to the office of Judge of the seventh circuit; Henry Jefferson Samuels to the office of Judge of the eighth circuit; and John W. Kennedy to the office of Judge of the tenth circuit; and that provision be made by law for filling as speedily as possible the vacancy which appears to exist in the office of Judge of the ninth circuit.
The resolution was adopted and Mr. Lamb directed to communicate its passage to the Senate.
The Speaker announced the Committee on Privileges and Elections to consist of the following gentlemen: Messrs. Ruffner, Barns, Keeney, Crothers, and Crooks.
Mr. Zinn offfered the following, which was laid on the table:
Resolved, That a committee of three be appointed to inform the Governor that the House of Delegates is now organized and ready to receive any communication he may think proper to make.
A message from the Senate announced concurrence in the adoption of the resolution reported from the joint committee to count the vote.
Mr. Lamb annoucned that the Governor elect was present and prepared to assume the oath of office; and moved that the Senate be invited, by a committee of three appointed for the purpose, to witness the inauguration.
The motion was agreed to, and the following gentlemen were appointed the committee: Messrs. Lamb, Bee, and Ruffner.
The Senate, having in response to the invitation, appeared in the chamber of the House, Arthur I. Boreman, Governor elect of the State of West Virginia, on invitation of the Speaker, advanced to the Speaker’s stand, and the oath of office was administered to him by Samuel P. Hildreth, a notary public.
After the Senate had returned to its chamber,
On motion of Mr. Kramer, the House adjourned.
Timeline of West Virginia: Civil War and Statehood: June 1863