of the State of West Virginia
(Wheeling: John F. M'Dermot, Public Printer, 1863)
Thursday, July 9th, 1863.
The Journal was read and approved.
Mr. Maxwell, from the Committee on Courts of Justice and General Laws, reported the following bill, which was read the first time and ordered to be printed:
Senate Bill No. 2, “A Bill regulating proceedings in criminal cases.”
Mr. Maxwell, from the same committee, reported back the following bill, recommending that it pass with amendments:
House Bill No. 12, “A Bill to fix the terms of the several courts.” Said bill was taken up.
Mr. Farnsworth moved, as an amendment to the amendments of the committee, to strike out the third and fourth sections of the said bill, which was agreed to.
On motion of Mr. Maxwell, the title of said bill was stricken out, and the following substituted: “A Bill fixing the terms of the Supreme Court of Appeals;” and the word “that” was inserted before the word “two,” in the first line.
The bill, as amended, was then read the third time and passed with its amended title:
Yeas—Messrs. Phelps (President) Atkinson, Bechtol, Bowen, Brown, Bunker, Burley, Carskadon, Copley, Farnsworth, Hawkins, Haymond, Hubbard, Mahon, Maxwell, McCann, Rollyson, Stevenson and Young –19. Nays—None.
Ordered, That Mr. Maxwell inform the House of Delegates thereof, and asked their concurrence in said amendments. Mr. Bunker , from the Committee on Military Affairs, reported back the following bill, with a recommendation that it pass, with amendments:
House Bill No 8, “A Bill relating to exemptions from military duty.”
O n motion of Mr. Hubbard, the Senate took up the resolution of Mr. Farnsworth in relation to candidates for the office of United States Senator:
Mr. Farnsworth offered the following substitute for the same:
WHEREAS, It will soon become the duty of the Legislature of West Virginia to elect two persons to represent the State in the Senate of the United States; and whereas, the future prosperity and happiness of our people are inseparably connected with the perpetuity of the Union and the vindication of the authority of the National Government and the success of its arms; and whereas past experience has taught us, that some who have aspired to and obtained high positions, have thought more of party than of their country, and have proved recreant to their trust in the hour of trial, and were willing to make a dishonorable compromise, and thereby sacrifice the honor and dignity of the nation: therefore in order to avoid such a recurrence, and that the unconditional loyalty of West Virginia may be distinctly understood, and that the sentiments of those who aspire to the high position of Senator of the United States may be made known, be it.
Resolved, by the Legislature of West Virginia, That a joint committee of two from the Senate and three from the House be appointed to address those who may be named or put in nomination for election to the Senate of the United States, and ascertain their views in reference to supporting the General Government in all its efforts to suppress the wicked and unprovoked rebellion which now desolates the land, and also to make it known that the Legislature of West Virginia desires no man to be a candidate for that exalted position who cannot in this respect show a clean record, and who will not pledge himself to a cordial and earnest support of the administration in all its efforts to crush the rebellion and thereby restore peace to the whole country.
Mr. Stevenson moved to amend the same by striking out the words “have thought more of party than of their country, and,”
But on motion of Mr. Brown, the substitute and amendment were laid on the table.
A message from the House of Delegates, by Mr. Crothers, informed the Senate that the House had refused to concur in the Senate amendments to House Bill No. 12, “A Bill to fix the terms of the several courts.”
On motion of Mr. Hubbard, the Senate receded from its said amendments to said bill and title; and the question then recurred upon the first amendment proposed by the Committee on Courts of Justice and General Laws, viz:
In the first article of the third section, strike out all after the words “in the first circuit,” and insert in lieu thereof the following : “For the country of Hancock on the first Tuesday of February, May, August, and November: For the county of Brooke on the second Tuesday of February, May, August and November; For the county of Marshall, on the third Tuesday of February, May, August, and November; and for the county of Ohio, on the first Tuesday of March, June, October, and December.”
This amendment was rejected.
The second amendment proposed by the committee was to strikeout the fourth section, which was agreed to.
The third amendment proposed by the committee was to insert the following as an additional section, which was adopted:
“Section thirty-four of chapter one hundred and fifty-eight of the said Code of Virginia is hereby repealed.”
The bill, as amended, was then read the third time and passed with its title:
Yeas.—Messrs Phelps, (President,) Atkinson, Bechtol, Bowen, Brown, Bunker, Burley, Carskadon, Copley, Farnsworth, Hawkins, , Haymond, Hubbard, Mahon, Maxwell, McCann, Rollyson, Stevenson, and Young—19.
Ordered, That the clerk inform the House of Delegates thereof, and ask concurrence in said amendments.
And on motion of Mr. Farnsworth, the Senate took a recess till 3 o’clock, P.M.
3 o’clock, P.M.
Mr. Hubbard moved that the Senate take up House Bill No.7, “A Bill concerning the Hempfield Railroad Company, “ which was agreed to.
On motion of Mr. Burley, the 76th line was amended by inserting after the word “company,” in the seventy-seventh line, the words “and be subject to all the restrictions imposed by the same.”
The bill, as amended, was then read the third time and passed with its title:
Yeas—Messrs. Phelps, (President,) Atkinson, Bechtol, Bowen, Burley, Carskadon, Copley, Farnsworth, Hawkins, Hubbard, Mahon, McCann, Stevenson and Young—14. Nays—Messrs. Brown, Bunker, Haymond, Maxwell, and Rollyson—5.
Ordered, That the clerk inform the House of Delegates thereof, and ask their concurrence in said amendment.
On motion of Mr. Bunker,
House Bill No. 8, “A Bill relating to exemptions from military duty,” was taken up.
The first amendment proposed by the committee, to insert after the words “officers,” in the 6th line, the words “the members of both branches of the Legislature of the State and their respective officers during the session of the Legislature and for ten days previous thereto,” was adopted; as was also the second amendment, to strike out after the words “said courts,” in the 11th line, the words, “and of the circuit and corporation courts,” and also the third amendment to strike out all of the first section from the 28th line to the 47th line inclusive, of the engrossed copy.
On motion of Mr. Maxwell, said bill was amended by inserting before the words “Court of Appeal,” in the 10th line, the word “Supreme.”
On motion of Mr. Farnsworth, it was further amended be inserting before the work “ministers” in the 13th line the word “loyal.”
Mr. Bowen moved to amend the 13th line by adding after the word “Auditor” the words “and one of his clerks,” but the motion was lost.
Mr. Stevenson moved that the bill be laid on the table and printed, as amended, which was disagreed to.
On motion of Mr. Stevenson said bill was further amended by striking out of the 21st and 22d lines the words “the officers of the several banks established by law and their respective branches;” and by striking out of the 25th and 26th lines the words “all to! Gatherers on any canal, river or turnpike company in the State.”
On motion of Mr. Stevenson, the bill was then laid on the table.
Mr. McCann offered the following resolutions, which were laid on the table:
Resolved, by the Legislature of West Virginia:
1.That the thanks of this Legislature are hereby extended to Major General Grant and Admiral Porter, and to let the brave officers, soldiers and sailors under their commands for the courage, energy and perseverance which they so signally evinced in the siege of Vicksburg and resulted in its surrender on our national anniversary.
2d. That we deeply sympathize with the families of the men who bravely fell in that victorious conflict. We deplore their loss and shall ever hold them in honored and grateful remembrance.
3d. That the Governor be requested to forward copies of the foregoing resolutions to Gen. Grant and Admiral Porter, with the request that the same may be communicated to the men under their commands.
Mr. Ruffner informed the Senate that the House of Delegates had concurred in the Senate amendments to No. 12 House Bill, “A Bill to fix the terms of the several courts.”
Mr. Farnsworth moved to take up the substitute and amendment, in relation to candidates for the offices of United States Senator, which was disagreed to.
And on motion of Mr. Farnsworth the Senate adjourned.
Timeline of West Virginia: Civil War and Statehood: July 1863