of the State of West Virginia
(Wheeling: John F. M'Dermot, Public Printer, 1863)
[passed bill about duties of townships and resolution appointing joint committee to determine how much money coming to state from Virginia bill appropriating funds to new state]
WEDNESDAY, July 15, 1863.
Prayer by Rev. J. T. McLure.
Journal read and approved.
Mr. Kramer from the committee on Military Affairs to whom was referred a petition, numerously signed by citizens of Harrison county, relative to a plan of military organization, reported it inexpedient to legislate on the subject.
The same gentleman, from the same committee, to whom was referred House Bill No. 8, entitled “A Bill relating to exemptions from military duty,” which had been returned from the Senate with amendments from one to seven, reported it back with the recommendation that the second, third, fourth, sixth, and seventh amendments be concurred in, and the first and fifth be disagreed to.
Mr. McGrew, from the committee on Forfeited and Unappropriated Lands, reported House Bill No. 29, entitled “An Act to provide for the issuing of grants, where entries have been heretofore made.”
Mr. Lamb, from the Committee on the Judiciary, reported House Bill No. 30, entitlted “A Bill to provide for the trial of offences committed in counties in which the administration of justice may be interrupted by war or insurrection.”
The bills were respectively read the first time.
A communication from the Senate announced the passage of House Bill No. 16, entitled “A Bill to regulate criminal proceedings against negroes,” and Senate Bill No. 4, entitled “A Bill for the apppointment of a Quartermaster General, and prescribing in part his duties,” and the rejection of 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.”
The Senate Bill was read the first time and referred to the Committee on Military Affairs.
Engrossed House Bill No. 26, entitled “A Bill defining in part the powers and duties of townships” was taken up, read the third time and passed with its title.
The YEAS were - Messrs. Patrick (Speaker), Ballard, Barns, Bee, Boggs, Bumgarner, Copley, Crawford, Crooks, Crothers, Davidson, Dawson, Dunbar, Dunn, Fleming, Foster, Goff, Griffin, Hagar, Hale, Hinchman, Holman, Keeney, Kittle, Kramer, Lamb, Little, Lough, Mann, McGrew, McWhorter, Michael, Rader, Robinson, Ross, Ruffner, Sheets, Shriver, Sutton, Sweeney, Teter of Barbour, Teter of Upshur, Turner, Van Winkle, Wheat, Wiant, and Wright – 47.
The NAYS were – None.
On motion of Mr. Van Winkle,
House Bill No. 27, entitled “A Bill providing for and regulating township meetings and elections,” on its second reading, was taken up.
On motion of that gentleman it was amended by striking out “Saturday,” in the ninth line, and substituting “Thursday;” and by inserting after the word “cases” in the two hundred and eighty-ninth line, the following: “And when all are disposed of, the ballots shall be destroyed, in presence of the board or a committee thereof;” and by filling the blank in the second line of the schedule with the words “fourth Thursday of September.”
The bill was then ordered to engrossment.
On motion of Mr. Wheat,
Ordered, That the Committee on Taxation and Finance be requested to inquire into the expediency of reporting a bill or otherwise authorizing the Auditor of State, to appoint a special commissioner to assess the property of the Baltimore and Ohio Railroad Company subject to taxation within the State of West Virginia, and that per diem and mileage be allowed, to be paid out of any moneys in the treasury not otherwise appropriated; and to report the same to the next House of Delegates.
On motion of Mr. Davidson,
Ordered, That the committee on the Judiciary inquire into the expediency of appointing revisors to prepare a Code of General Laws for the State, to be reported in whole, or in part, to the next session of the Legislature for their revision.
Mr. Kramer offered the following joint resolution, and it was adopted:
Resolved by the Legislature of West Virginia, That a joint committee be appointed, consisting of three on the part of the House, and two on the part of the Senate, to ascertain and adjust the amount coming to this State under the act of February4, 1863, passed by the General Assembly of Virginia, entitled “An Act making an appropriation to the proposed State of West Virginia, &c.,” and to cause the said moneys to be passed to the credit of the treasury of this State; and make report to the Legislature at as early a day as convenient.
Messrs. Kramer, Foster and Goff were appointed the committee on the part of the House.
On motion of Mr. Hager,
Ordered, That the committee on elections and privileges be instructed to report, by bill or otherwise, requiring all ministers of the Gospel whose loyalty is questioned, before preaching to or instructing a congregation in this State, to make oath or affirmation to support the Constitution of the United States, and the Constitution of this State.
Mr. Fleming introduced the following joint resolution:
WHEREAS, by the Act of Congress, approved July 2, 1862, entitled “An Act donating public lands to the several States and territories which may provide colleges for the benefit of agriculture and the mechanic arts,” there is granted to the several States under the conditions and subject to the restrictions mentioned in the said act, an amount of public land to be apportioned to each State equal to thirty thousand acres for each Senator and Representative in Congress, to which the States are respectively entitled by the apportionment under the census of eighteen hundred and sixty; and whereas, there is not within the limits any State the quantity of public lands subject to sale at private entry at one dollar and twenty-five cents per acre, to which said State may be entitled under the provisios of the said act, the Secretary of the Interior is thereby directed to issue to such State land script to the amount in acres for the deficiency of its distributive share, said scrip to be sold by said States, and the proceeds thereof applied to the uses and purposes prescribed in the said act of Congress and for no other use or purpose whatever.
And whereas, it is, among other things, provided by the said act of Congress that no State shall be entitled to the benefits of the said act unless it shall express its acceptance thereof, by its Legislature, within two years from the date of the approval of the said act by the President; be it therefore
Resolved by the Legislature of West Virginia, That the act of Congress, aforesaid, with all the conditions and provisions therein contained, be, and the same is hereby, accepted by this State.
Resolved, That the foregoing resolution and preamble be certified by the Governor, under the seal of this State, to the President of the United States and the Secretary of the Interior.
On motion of Mr. Van Winkle, the resolution was referred to the committee on Education.
On motion of Mr. Dunbar,
Ordered, That the sixth section of article third of the Constitution be referred to the committee on the Judiciary, in regard to removing officers elected or appointed for neglect of duty – to report by bill or otherwise.
On motion of Mr. Wiant,
Ordered, That the committee on the Judiciary be instructed to inquire into the expediency of allowing further time for the officers elected for the county of Gilmer, and other counties similarly situated, to qualify and give the bonds of their offices.
On motion of Mr. McGrew, the Senate joint resolution respecting the appointment of a committee to examine the condition of the Lunatic Asylum at Weston, was taken from the table.
Mr. Van Winkle offered the following addition by way of amendment, and it was adopted; “and that the said committee also ascertain and report whether a portion of said building can be fitted up as a temporary penitentiary: without detriment to the building in view of its original purpose.
On motion, the House adjourned.
Timeline of West Virginia: Civil War and Statehood: July 1863