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Timeline of West Virginia: Civil War and Statehood
July 15, 1863


Journal of the Senate
of the State of West Virginia

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

Wednesday, July 15th, 1863.

The Senate was opened with prayer by the Rev. Mr. De Hass after which the Journal was read and approved.

Mr. Carskadon, from the committee on Privileges and Elections reported the following bill, which was read the first time, laid on the table, and ordered to be printed:

Senate Bill No. 6, “A Bill to provide for persons in the military service to vote by sending their ballots.”

Mr. Maxwell, from the committee on Courts of Justice and General Laws, to whom the same was recommitted, reported back.

House Bill No. 19, “A Bill to regulate the recovery of claims where the State is a party interested,” and again recommended its passage.

Mr. Brown, from the committee on Finance and Claims, to whom the resolution in regard to the public printing was referred, reported the following bill, which was read the first time, laid on the table, and ordered to be printed:

Senate Bill No. 7, “A Bill relating to the public printing.”

On motion of Mr. Bunker,

Resolved, That so much of the Governor’s Message as refers to a Superintendent of the Public Works, be referred to the committee on Internal Improvements and Navigation , with instructions to report by bill or otherwise.

On motion of Mr. McCann,

Senate Bill, No. 1, “A Bill to provide Commissioners of Immigration,” was taken up, read the third time, and passed with its title:

Yeas—Messrs. Phelps, (President,) Atkinson, Bechtol, Bowen, Brown, Bunker, Burley, Copley, Farnsworth, Hawkins, Haymond, Mahon, Maxwell, McCann, Rollyson, Slack, and Steveson—17.

Nays—Mr. Carskadon—1.

Ordered, That the clerk inform the House of Delegates thereof, and ask their concurrence.

On motion of Mr. Maxwell,

Senate Bill No. 2, “A Bill regulating proceedings in criminal cases,” was taken up, read the third time, and passed with its title:

Yeas—Messrs. Phelps, (President,) Atkinson, Bechtol, Bowen, Brown, Bunker, Burley, Carskadon, Copley, Farnsworth, Hawkins, Haymond, Mahon, Maxwell, McCann, Rollyson, Slack, and Stevenson—18.

Nays—None.

Ordered, That the clerk inform the House of Delegate thereof, and ask their concurrence.

On motion of Mr. Stevenson, the Senate substitute entitled “A Bill to provide for the division of t he several counties of the State into townships,” for House Bill No. 5, “A Bill to provide for the division into townships of the several counties in the State, “ was taken up, and read by sections for amendment.

On motion of Mr. Stevenson, the first section was amended by striking out of the 4th line the words, “board of,” and out of the 5th, 6th and 7th lines the words “designate by name, each township hereby created, and shall at the said first meeting,” and inserting after the word “meeting” in the 5th line the words “after being commissioned.”

Mr. Burley offered the following substitute for the first section:

“The commissioners appointed and named in the schedule of this Act, being three from each county, are hereby appointed commissioners to divide their respective counties into townships, in accordance with the provisions of the first and thirteenth sections of the seventh article of the Constitution, and shall, as soon as practicable, proceed to make such division, either by adopting or altering the present Magisterial District, as they may deem proper. When a city or incorporated town necessarily constitutes part of two or more townships and is divided into wards, the boundaries of such city or town, shall, if practicable, be so located that parts of the same ward are not thrown into different townships.

Mr. Phelps, (Mr. Carskadon in the Chair,) offered the following as a substitute for the substitute of Mr. Burley:

The persons named in the schedule of this Act, being three for each county of the State, are hereby appointed commissioners to divide their respective counties into townships, in accordance with the provisions of the first section of the seventh article of the Constitution; and shall, as soon as practicable, proceed to make such division. Where a city or incorporated town necessarily constitutes part of two or more townships, and is divided into wards, the boundaries of such townships within such city or town, shall, if practicable, be so located that parts of the same ward are not thrown into different townships.

Mr. Phelps, (Mr. Carskadon in the Chair,) offered the following as a substitute for the substitute of Mr. Burley:

The persons named in the schedule of this Act, being three for each county of the State, are hereby appointed commissioners to divide their respective counties into townships in accordance with the provisions of the first section of the seventh article of the Constitution; and shall, as soon as practicable, proceed to make such division. Where a city or incorporated town necessarily constitutes part of two or more townships, and is divided into words, the boundaries of such townships within such city or town, shall, if practicable, be so located that parts of the same ward are not thrown into different townships.

Pending the consideration of said substitute, the Senate took a recess until 2½ o’clock.

2½ o’clock, P.M.

On motion of Mr. Farnsworth, the bill and amendments pending at the hour of recess were laid on the table.

On motion of Mr. McCann, the following bills were taken up, read the second time, and referred to the committee on Courts of Justice and General Laws:

House Bill No. 21, “A Bill defining the jurisdiction and powers of the Supreme Court of Appeals and the Judges thereof:”

House Bill No. 22, “A Bill to prevent the encouragement of Invasions and Insurrections;”

House Bill to provide seals for the several Courts and Recorders;”

House Bill No. 24, “A Bill for the relief of Milton Well;”

House Bill No. 25, “A Bill to provide for the appointment and qualification of Deputy Sheriffs, Recorders and Clerks.”

On motion of Mr. Maxwell, the following bills were taken up, read the second time, and referred to the committee on Finance and Claims:

House Bill No. 15, “A Bill to prescribe the manner in which money may be paid into the treasury of the State;”

House Bill No. 20, “A Bill to authorize the payment of outstanding claims for the tuition of indigent children.”

Mr. McCann moved to take up the House resolution in relation to the election of United States Senators on Monday next, but it was lost.

The said Senate substitute for House Bill No. 5, was taken up, and the substitute offered by Mr. Phelps, for the substitute of Mr. Burley, was rejected.

Mr. Brown then moved to amend the substitute of Mr. Burley, by striking out the words “being three from each county,” and inserting the words “being one from each magisterial district.”

But on motion of Mr. Burley, the bill and amendments were laid on the table.

And on motion of Mr. Mahon, the State adjourned.


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

West Virginia Archives and History