of the State of West Virginia
(Wheeling: John F. M'Dermot, Public Printer, 1863)
[received lengthy message from Senate about HB 5 with many amendments, passed bill concerning surveyors, officials making bond, introduced several new bills and considered purchase of Linsley Institute building where they were meeting]
WEDNESDAY, July 22, 1863.
Prayer by Rev. J. B. Blakeney.
Journal read and approved.
Mr. Bowyer, from the committee on Roads and Internal Navigation, reported House Bill No. 44, entitled “A Bill conferring on the Governor the powers and duties of the Board of Public Works;” which, on his motion, was read the first time.
Mr. Lamb, from the committee on the Judiciary, reported House Bill No. 45, entitled “A Bill to remove the seat of justice of Hampshire county temporarily received to Piedmont;” which, on his motion, was read the first time.
The following message from the Senate was reported:
SENATE CHAMBER, July 21st, 1863.
The Senate has this day passed the following bills: House Bill No. 24, “A Bill for the relief of Milton Wells;” also Senate Bill No. 5, “A Bill relating to townships and township officers;” in which they ask concurrence. Also, House Bill No. 5, “A Bill to provide for the division into townships of the several counties in the State,” with the following amendments, in which they ask concurrence:
1. In the first section, third and fourth lines, (engrossed copy), strike out the words “three for each county of the State,” and insert the words “one for each magisterial district in each county of the State, a majority of whom may act.”
2. In the first section, eleventh line, after the word “division” insert the words “either by adopting, altering, increasing or diminishing the number of the present magisterial districts, as they may deem proper.”
3. Strike out the third, fourth and fifth sections, and insert the following:
“3. The said commissioners shall designate by name each of the townships laid off by them under the first section, and shall furnish a description of the boundaries thereof sufficiently accurate to identify the same, employing for that purpose a surveyor where necessary: and the provisions of this section shall in no wise prevent the commissioners from having a map of their county and townships made off on a scale of one-half inch to the mile, when deemed necessary and practicable.
“4. For their services under this Act, the acting commissioners shall be allowed one dollar and fifty cents each, and the surveyor (if one be employed) two dollars, for every day during which they are respectively engaged in the performance of the duties hereby prescribed, including the time necessarily employed by the surveyor in making the required descriptions. The claims of the commissioners and surveyor shall be audited by the board of supervisors of their county, and paid from the county treasury.
“5. The commissioners for each county shall forward a report of their proceeding under this Act, including an estimate of the white population of each township according to the United State census of 1860, and a statement of the whole cost incurred, together with said descriptions, to the Secretary of the State, who shall deposit the same among the archives thereof. They shall also deposit with the recorder of their county, to be by him carefully preserved, a duplicate of their report, including the said estimate and descriptions.”
4. Strike out the schedule and insert the following:
Barbour-David Zinn, Henry Martin, Johnson Ward, Jesse Teter, and Enoch Sears.
Boone-Adam Toney, William Workman, Alfred A. Hagar, and Allen Vannatter.
Braxton-Charles S. Hall, James W. Morrison, James J. McCoy, Jacob Shaver, and Elmore Frame.
Brooke-Adam Kuhn, John Atkinson, George Hooker, and Robert M. Wells.
Cabell-Morris Blake, John Smith, Greenville Harrison, Jeremiah Witcher, and Solomon Metcalf.
Calhoun-James Bar, Thomas Jarvis, Morgan Marks, and G. W. Blrckshire. [sic]
Clay-Samuel E. Hier, Madison Stephenson, Campbell Wood, and James Walker, Sr.
Doddridge-Jacob Yeater, George W. Snider, Joseph Summers, and Noah James.
Fayette-William Cassady, John Kinkaid, Joseph Kuhn, and Allen Huddleson.
Gilmer-James Cather, J. W. Stout, and Thomas M. Branman.
Greenbrier-John M. Copeland, Joel M. Ferron, David Creigh, Thomas Henning, Jr., George Henry, Thomas Belle, Matthew Arbuckle, and James Dolan.
Hancock-James W. Brown, Joseph W. Allison, B. J. Smith, and Jonathan Allison.
Hampshire-O. D. Downey, Wright Welton, Carlton S. Jones, James H. Trout, Thomas R. Carskadon, Wm. S. Piergit, Frederick Hoffman, Samuel Pancoast, and Peter Arnold (of Joseph).
Hardy-Samuel Babb. Aaron Baker, Charles Scott, Sanford Y. Simmons, A. Dolly, and Ferdinand Lewis.
Harrison-Luther Haymond, S. M. Ogden, Sidney Haymond, John W. Boggess, and Jacob Highland.
Jackson-George L. Kenedey, John Johnson, Robert R. Riley, Abram Slaughtr, and George Click.
Kanawha-George Belcher, J. T. Reynolds, John Atkinson, Hiram Holstein, Andrew Cunningham, David Shirkey, and John L. Cole.
Lewis-Jesse Woofter, Esaias Fetty John S. Anderson, and Mansfield McWhorter.
Logan-Thomas Buchanan, Samuel Varner, Hiram Mullins, Talbot Godley, and Squire Ellis.
Marion-William N. Hall, Samuel Higinbotham, John Meredith, Benjamin Fleming, Aaron Youst, William Fox, and David Cunningham.
Marshall-John Winters, Jeremiah Jones, William McFarland, Sr., Alexander Kimble, G. W. Evans, William Stuart, John Barley, and John Alley.
Mason-J. P. B. R. Smith, Thomas Ball, Benj. Day, Apollo Stephens, and David George.
McDowell-James P. Mitchell, Samuel Lambert, and John Charles.
Mercer-George Evans, Wallace J. Conner, Hiram Sarver, Anderson Belcher, and George W. Crook.
Monongalia-William Price, Reuben Finnell, James T. McCaskey, Thomas Tarlton, Philsman Rice, Jesse Mercer, and Jesse J. Fitch.
Monroe-Gradison D. Lancraft, F. F. Neel, Alexander Humphrey, William Scott, Samuel Clark, George Carpenter, and Andrew Prentiss.
Morgan-Jacob Cowan, Thomas Fritapoo, Christian Courtney, and Daniel Unger.
Nicholas-John R. McClutchen, George H. Stephenson, Thomas Drennan, Anthony McClung, and Alexander Groves.
Ohio-Samuel Irwin, Matthew B. Reed, Joseph Waddle, Samuel McCulloch, T. J. Stewart, John D. Maxwell, George W. Sights, and James Bodley.
Pendleton-E. C. Harper, Michael Mallow, Jr., S. Day, Simeon Harmon, Jonathan Hizer, and Reuben Vance.
Pleasants-James Williamson, R. S. Triplet, and Joseph Hubbs.
Pocahontas-D. M. Burges, William R. Moore, J. N. Pray, Morgan Anderson, David M. Burges, John Sharp, Sr., and John N. Pray.
Preston-Harrison Hagans, Solomon Miller, George M. Michael, James H. Shaver, Peter M. Hartley, William H. Grimes, Joseph G. Baker, and Michael H. Brown.
Putnam-Irwin McCoy, John Bowyer, Joseph Hutton, A. N. Curry, and William Hanshaw.
Raleigh-Meredith Wells, James Webb, and A. J. Hull.
Randolph-J. K. Scott, William Bennett, W. M. Phares, Harmon Snider, Jeremiah C. Lanham, and William Piercey.
Ritchie-W. H. Douglas, A. J. Wilson, J. H. Prince, and Jacob Hatfield.
Roane-John Hively, H. D. Chapman, Matthew Gay, and James Riddle.
Taylor-Nelson Gray, John J. Allen, and John Haymond.
Tucker-David Wheeler, Enoch Minear, and Daniel Adams.
Tyler-J. M. Smith, James Covalt, William B. Kern, and David Underwood.
Upshur-James Kesling, C. S. Hayes, O. B. Louden, and John J. Burr.
Wayne-John Adams, Wm. Bartram, Jesse Parsley, John Bloss, and George Atkins.
Wetzel-James G. West, Jacob Fluharty, Robert Leep, Sr., Wells Kennedy, Mathew Kearney, and Josiah Boyers.
Webster-W. G. Harick, William Gregory, J. H. Griffin.
Wirt-Lewis Woodyard, Charles W. Fisher, Abijah Hawley, and John F. Hall.
Wood-H. P. Dils, A. L. Beckwith, G. S. Henry, John Hannaman, Sr., Henderson Deems.
Wyoming-Michael Cook, Henry Ellis, and Charles Stuart.
ELLERY R. HALL, Clerk of Senate.
On motion of Mr. Van Winkle, the bill and amendments were referred to the committee on Counties, Townships, and Municipal Corporations.
Senate Bill No. 5, entitled “A Bill relating to townships and township officers,” thus reported from the Senate, was taken up and read the first time, and on motion of Mr. Van Winkle, referred to the same committee.
Engrossed House Bill No. 36, entitled “A Bill providing for rebuilding the bridge across Buffalo Creek, at Barnsville, in Marion county,” was taken up, read the third time, and, on motino of Mr. Ruffner, laid upon the table.
Engrossed House Bill No. 37, entitled “A Bill concerning the bond of the surveyor of lands,” was taken up, read the third time and passed:
The YEAS were - Messrs. Patrick (Speaker), Ballard, Barns, Barrick, Bee, Boggs, Bowyer, Bumgarner, Copley, Crawford, Crooks, Crothers, Davidson, Dawson, Dunbar, Dunn, Fleming, Foster, Gillilan, 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 – 50.
The NAYS were – None.
House Bill No. 38, entitled “A Bill to provide for the forfeiture of property in this State, belonging to the enemies thereof,” was taken up on its second reading, read the second time, and, on motion of Mr. Lamb, laid upon the table.
Senate Bill No. 8, entitled “A Bill allowing further time to officers now elected, in which to qualify and give bond,” was taken up on its second reading and read the second time, amended on motion of Mr. Wiant, by inserting after “the” where it first occurs in line four, the words “end of the,” and further amended on motion of Mr. Lamb, by inserting after “said court” in the seventh line, the words “or the judge thereof in vacation.”
The bill was then ordered to third reading, and on motion of Mr. McGrew, the case being urgent, and three-fourths of the members consenting, the rule was suspended, and the bill read the third time and passed.
The YEAS were - Messrs. Patrick (Speaker), Ballard, Barns, Barrick, Bee, Boggs, Bowyer, Bumgarner, Copley, Crawford, Crooks, Davidson, Dawson, Dunbar, Dunn, Fleming, Foster, Gillilan, 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 – 49.
The NAYS were – None.
Mr. McGrew was appointed to communicate the passage of the bill to the Senate and ask concurrence in the amendments proposed.
Mr. Lamb, from the committee on the Judiciary, to whom was referred House Bill No. 17, entitled “A Bill to amend the Act staying the collection of certain debts,” returned from the Senate with amendments from first to ninth, reported it back with a recommendation that all the Senate’s amendments be concurred in, except that the fifth section proposed in the ninth amendment be stricken out and the following inserted instead”
“5. It shall be the duty of the judge, who may make any order in vacation, under the provisions of this Act, to cause such order to be forthwith entered on the order book of the circuit court of the proper county; and if the order relate to any decree, to cause a copy of such order to be filed among the papers of the cause.”
The bill was taken up and the recommendation of the committee in all particulars, was adopted.
A message from the Senate announced the concurrence of that body in the House amendment to Senate Bill No. 8, entitled “A Bill allowing further time to officers now elected, in which to qualify and give bond.”
On motion of Mr. Kramer,
House Bill No. 8, entitled “A Bill relating to exemptions from military duty,” with Senate amendments insisted on, was taken from the table.
On motion of the same gentleman, a committee of conference to consider the same, was asked of the Senate, and Messrs. Kramer, Lamb, and Bee appointed on the part of the House.
On motion of Mr. Ruffner,
Ordered, That the committee on Education be directed to ascertain the price at which the Linsley Institute, now occupied by the Legislature, can be purchased, and make report thereon, together with their opinion as to the expediency of such purchase for the use of the State while the seat of government remains at Wheeling.
On motion of Mr. McGrew,
Ordered, That the committee on Roads and Internal Navigation inquire into the expediency of the State relinquishing its interest in all turnpikes and toll bridges within the State, whether the property of a joint stock company or otherwise, in which the State is a stockholder, to the respective counties where such turnpike or toll bridge may be situated, and that it report by bill or otherwise.
On motion of Mr. Hagar,
Ordered, That the committee on Elections and Privileges be instructed to inquire into the expediency of reporting by bill or otherwise, prohibiting all professional men either in church or State, who have been in arms or aiding or encouraging this unholy and wicked rebellion, from holding any office of honor, trust, or profit, or from practicing at the bar, or preaching to or instructing any congregation, within the State of West Virginia, within five years after peace shall have been made, and then having taken the oath to support the Constitution of the United States and of this State, under the penalty of not less than twenty-five dollars nor more than one hundred dollars for every such offence.
On motion of Mr. Crothers,
Ordered, That the committee on the Judiciary inquire into the expediency of reporting a general election law.
On motion the House adjourned.
Timeline of West Virginia: Civil War and Statehood: July 1863