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Timeline of West Virginia: Civil War and Statehood
July 9, 1863


Journal of the House of Delegates
of the State of West Virginia

(Wheeling: John F. M'Dermot, Public Printer, 1863)

[ordered committees to look into exempting B&O RR from taxes, granting citizens same rights and protections as the usurped government gave, compensating militia, adjusting Harrison County borders, and continued discussion on election of U. S. Senators]

THURSDAY, July 9, 1863.

The House met at the usual hour.

Prayer by Rev. D. W. Fisher.

Journal read and approved.

The Speaker laid before the House two communications from the Auditor, in response to resolutions of the House asking that officer to compile for its use certain tables of information.

On motion of Mr. Ruffner, the communications were laid upon the table.

Mr. Ross from the committee on Education, reported House Bill No. 20, entitled “An Act to authorize the payment of outstanding claims for the tuition of indigent children.”

Mr. Lamb from the committee on Judiciary, reported the following:

House Bill No. 21, entitled “A Bill defining the jurisdiction and powers of the Supreme Court of Appeals and the Judges thereof;”
House Bill No. 22, entitled “A Bill to prevent the encouragement of invasions and insurrections;”
House Bill No. 23, entitled “A Bill to provide seals for the several Courts and Recorders;”
House Bill No. 24, entitled “An Act for the relief of Milton Wells;”
House Bill No. 25, entitled “A Bill to provide for the appointment and qualification of deputy Sheriffs, Recorders and Clerks.”

All the foregoing bills were on motion, read the first time this day.

The following bills, on their second reading, were respectively taken up, read the second time, and ordered to engrossment:

House Bill No. 16, entitled “A Bill to regulate criminal proceedings against negroes;”
House Bill No. 17, entitled “A Bill to amend the Act staying the collection of certain debts;”
House Bill No. 18, entitled “A Bill to prescribe the time for holding rules in the Clerk’s office of the Circuit Court for Ohio county;”
House Bill No. 19, entitled “A Bill to regulate the recovery of claims where the State is a party interested.”

On motion of Mr. McGrew,

Ordered, That the committee on the Judiciary, be instructed to take into immediate consideration chapter one hundred and eighty-four and one hundred and eighty-five of the Code of Virginia, second edition, fixing “the fees of officers,” and “costs generally;” and that they report by bill any changes they may deem necessary to be made therein.

On motion of Mr. Wheat,

Ordered, That the committee on Claims and Grievances, be requested to report a bill, or otherwise, to exempt the B. & O. R. R. Company from taxes for the years eighteen hundred and sixty-one two and three, in consequence of the loss of real and personal property by rebel raids.

On motion of Mr. Ballard,

Ordered, That the committee on the Judiciary, be instructed to inquire into the expediency of giving the loyal citizens of this State the same protection and remedies by law, that the usurped government provided for rebels by a pretended Act entitled “An Act to protect loyal citizens whose property may be sold by officers under illegal process,” passed March 5th, 1862; and by another pretended Act entitled “An Act prescribing penalties against illegal assessments and collection of taxes,” passed March 28, 1862; and by another pretended Act entitled “An Act to punish purchasers of property falsely representing themselves authorized to impress or purchase the same,” passed May 14, 1862; and by a pretended Ordinance entitled “An Ordinance for the trial of persons offending against the laws of the Commonwealth in counties in possession of the common enemy,” passed November 30, 1861.

On motion of Mr. Bee,

Ordered, That the committee on Military Affairs, be instructed to inquire into the expediency of making immediate compensation to the Home Guards who have been engaged in the defense of the State, as well as for actual service of the militia in the same cause; and that they also inquire if any and what provision has been made by the General Government for payment of such services; and if any provision has been made, what measures have been taken to secure the portion of West Virginia therein.

On motion of Mr. Davidson,

Ordered, That the committee on Counties, Townships, &c., inquire into the expediency of reporting a bill so changing the lines of the counties of Harrison and Taylor, as to include within the boundary of the said county of Taylor the families of Solomon Frum, George Bailey, Silas P. Bailey, and Samuel Bartlette.

On motion of Mr. Michael,

Ordered, That the committee on the Judiciary, inquire into the expediency of reporting a bill removing criminals from Hardy to Preston county for trial.

Mr. Dawson offered the following, which being objected to, was laid over under the rule:

Resolved , That the Executive officers of this State be required to employ the State Printer to execute such printing as may be required for their respective offices.

Mr. Ruffner offered the following, which at his request, was laid upon the table:

Resolved ,, That a committee be appointed to examine and make report upon the Permit System as established by the Secretary of the Treasury, especially with reference to its bearing upon the rights and interests of our State.

On motion of Mr. McGrew,

House Bill No. 15, entitled “A Bill to prescribe the manner in which money may be paid into the treasury of the State,” was taken from the table.

Mr. McGrew moved to amend the bill by striking out of the seventh line the words “or into the Exchange Bank of Virginia at Weston.”

On motion of Mr. Lamb, the bill was referred to the committee on Taxation and Finance.

A message from the Senate announced the passage by that body of House Bill No. 12, entitled “A Bill to fix the terms of the several courts,” with the following amendments:

1. Strike out the title and insert in lieu thereof the words,” A Bill fixing the terms of the Supreme Court of Appeals.”
2. Strike out all after the end of the second section to the beginning of the fifth section.
3. Insert the word “That” before the word “two” in the first line.

The amendments were considered one by one, and severally disagreed to.

Ordered, That Mr. Crothers so inform the Senate.

On motion of Mr. Crawford,

Ordered, That the committee on the Judiciary, be instructed to report a bill carrying out the latter part of the fifth section of the third article of the Constitution, requiring all persons before voting at any election, civil or military, to take and subscribe the oath mentioned in that section.

On motion of Mr. Zinn,

Ordered, That the Clerk of this House be requested to have printed a sufficient number of copies of a list of the names of the members of this House, to enable him to furnish each member with copies of the same.

Mr. Lamb moved the adoption of the following, which he had previously given notice of his intention to offer, as a standing rule of the House:

“The Speaker or Clerk shall have authority to administer any oaths required by the business of the House.”

The rule was adopted.

Mr. Zinn moved to take from the table the resolution offered by himself relative to the election of United State Senators, proposing to go into the election of the same on Saturday next.

On this motion he demanded the yeas and nays, and they were ordered and taken.

The YEAS were - Messrs. Ballard, Barns, Barrick, Bee, Boggs, Bumgarner, Copley, Davidson, Dawson, Dunbar, Dunn, Foster, Goff, Hagar, Hale, Hinchman, Holman, Kittle, Little, Lough, Mann, McGrew, Michael, Sheets, Teter of Barbour, Teter of Upshur, Wheat, Wright, and Zinn – 29.

The NAYS were – Messrs. Patrick (Speaker), Crawford, Crooks, Crothers, Fleming, Griffin, Keeney, Kramer, Lamb, McWhorter, Rader, Robinson, Ross, Ruffner, Sweeney, Turner, and Van Winkle – 17.

So the resolution was taken up.

On motion of Mr. Ruffner, it was amended by striking out “Saturday, the 11th,” and substituting “Monday, the 20th.”

The resolution was then adopted.

On motion of Mr. Goff, the House took a recess till three o’clock, P. M.

3 O’CLOCK, P. M.

A communication from the Senate announced that that body had receded from its former amendments thereto, and passed House Bill No. 12, entitled “A Bill to fix the terms of the several courts,” with the following amendments:

1. Strike out the 4th section.
2. Insert the following additional section:

“Section thirty-four of chapter one hundred and fifty-eight of the said Code of
Virginia is hereby repealed.”

The amendments were agreed to.

Ordered, That Mr. Ruffner so inform the Senate.

Mr. Van Winkle, from the committee on Counties, Townships, &c., reported House Bill No. 26, entitled “A Bill defining in part, the powers and duties of Townships;” which, on his motion, was read the first time this day.

On motion of Mr. Goff, the House adjourned.


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

West Virginia Archives and History