of the State of West Virginia
(Wheeling: John F. M'Dermot, Public Printer, 1863)
Wednesday, July 22nd, 1863
Prayer by Rev. Mr. Hitchens.
The Journal was read and approved.
A message from the House of Delegates, by the Clerk, announced the passage of, and asked concurrence in,
House Bill No. 35, “A Bill making an appropriation for expenses of Legislature;”
House Bill No. 41, “A Bill providing for examining and certifying commissioners’ books for 1863.”
Also, that the House had passed Senate Bill No. 4, “A Bill for the appointment of a Quartermaster General, and prescribing, in parts, his duties,” with the following amendments, in which they asked concurrence:
1. Strike out in the sixth section “ten” before “thousand” and insert “two.”
2. Add to the first section the following: “but the time of the first Quartermaster General appointed shall expire on the 1st of January, 1865.”
Also, that they had passed Senate Bill No. 2, “A Bill regulating proceedings in criminal cases.” With the following amendment, in which they ask concurrence;
Strike out of the 23d section, the words, “and the second, fifth, and sixth sections of chapter two hundred and twelve.”
Mr. Maxwell, from the committee on Courts of Justice and General Laws, reported the following bill, which was read the first time, laid on the table, and ordered to be printed:
Senate Bill No. 12, “A Bill is relation to orders of publication.”
Mr. Brown, from the committee on Enrolled Bills, reported that the committee had examined sundry enrolled bills, and found them correctly enrolled.
Mr. McCann, from the committee on Internal Improvements and Navigation, reported back the following bill, with a recommendation that it pass:
House Bill No. 9, “A Bill to authorize the heirs of David Albright to establish a ferry across Cheat river.”
Mr. Bunker moved to amend the said bill by inserting at the end of the first section the following, which was agreed to:
“And said board of supervisors shall at their first meeting, or as soon thereafter as may be deemed practicable, (if any other person, or persons shall have title to said ferry landings, or either of them,) award such damage as they may deem just, to such adverse claimants, for the use and occupancy of said real estate for the period said Albright’s heirs may have used the same for said ferry.”
The said bill 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, McCann, Rollyson, Slack, Stevenson, and Young – 19.
Nays – Mr. Maxwell – 1.
Ordered, That the Clerk inform the House of Delegates thereof, and ask concurrence.
House Bill No. 35, “A Bill making an appropriation for expenses of the Legislature,” and
House Bill No. 41, “A Bill providing for examining and certifying commissioner’s books for 1863,” were each taken up, read the first time and laid on the table.
House Bill No. 26, “A Bill defining in part the powers and duties of townships;” and
House Bill No. 27, “A Bill providing for, and regulating township meetings and elections,” were each taken up, read the second time and referred to the committee on Townships, &c.
The Senate took up
Senate Bill No. 2, “A Bill regulating proceedings in criminal cases,” and concurred in the amendment proposed thereto by the House of Delegates.
Ordered, That the Clerk inform the House of Delegates thereof.
The Senate took up
Senate Bill No. 4, “A Bill for the appointment of a Quartermaster General, and prescribing in part his duties,” and refused to concur in the first amendment proposed by the House, and concurred in the second amendment.
Ordered, That the clerk inform the House of Delegates thereof.
On motion of Mr. Brown,
Senate Bill No 7, “A Bill relating to the public printing,” was taken up; and the question being upon Mr. Burley’s amendment, Mr. Hubbard moved that the following be adopted as a substitute for said amendment: Strike out all the first section to the word “by,” in the fifth line, and insert the following:
All the officers of the State at the seat of Government, authorized to have printing done, or blanks furnished, at the expense of the State, are hereby required to have the same done or furnished.”
This substitute was adopted, and the bill ordered to be engrossed and read the third time.
On motion of Mr. Stevenson,
Senate Bill No. 6, “A Bill to provide for persons in the military service to vote by sending their ballots,” was taken up.
Mr. Brown moved that it be recommitted to the committee on Privileges and elections, which was agreed to.
A message from the House of Delegates, by Mr. McGrew, announced that the House had passed
Senate Bill No. 8, “A Bill allowing further time to officers now elected in which to quality and give bond,” with the following amendments:
1. In line four, after the word “the,” where it first occurs, insert “end of the.”
2. In line seven, insert after “said court,” the words “or the Judge thereof in vacation.”
On motion of Mr. Maxwell, the Senate concurred in each of said amendments.
Ordered, that Mr. Maxwell inform the House of Delegates thereof.
Mr. Farnsworth submitted the following resolution, which was laid on the table:
Resolved by the Legislature of West Virginia, That a joint committee of three from the House and two from Senate, be appointed to inquire into the expediency of having the laws passed at the present session of the Legislature published in the loyal newspapers of the State, (except such laws as have already been ordered to be printed,) and provide for the same by bill or otherwise.
On motion of Mr. McCann,
Resolved, That the committee on Courts of Justice and General Laws inquire into the expediency of reporting a bill regulating the probate of wills, and the appointment of administrators
Mr. Bunker offered the following, which was laid on the table:
Resolved, That, with the consent of the House, a committee of five from the House, and two from the Senate, are hereby appointed to examine the Auditor’s office, and instructed to report if any further legislation is necessary to enable the Auditor to discharge his duties; and shall further report any facts deemed pertinent by them.
On motion of Mr. Copley,
Resolved, That the committee on Education be instructed to report, as soon as practicable, by bill or otherwise, and act establishing a thorough and efficient system of free schools.
Mr. Farnsworth moved to take up his resolution, offered some time since, in relation to candidates for the offices of United States Senator; and upon this question demanded the yeas and nays, and the demand being sustained, the motion was lost:
Yeas – Messrs. Phelps, (President,) Bechtol, Bunker, Burley, Copley, Farnsworth, Hubbard, McCann, Stevenson, and Young – 10.
Nays – Messrs. Atkinson, Bowen, Brown, Carskadon, Hawkins, Haymond, Mahon, Maxwell, Rollyson, and Slack – 10.
On motion of Mr. Copley, the Senate adjourned.
Timeline of West Virginia: Civil War and Statehood: July 1863