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Timeline of West Virginia: Civil War and Statehood
July 23, 1863


Journal of the House of Delegates
of the State of West Virginia

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

[committee reports including ferry across Cheat River, exempting Cabell County from paying 1861 taxes, amended bill on forfeiture of property by enemies of state]

THURSDAY, July 23, 1863.

Prayer by Rev. E. C. Wayman.

Journal read and approved.

Mr. Bowyer, from the committee on Roads and Internal Navigation, reported House Bill No. 46, entitled “A Bill providing for the construction of a road in the county of Hardy;” which, on his motion, was read the first time.

Mr. Zinn, from the committee on Claims and Grievances, to whom was referred a resolution directing them to inquire into the expediency of exempting the county of Cabell from the payment of taxes for the year 1861, reported that they had had the same under consideration and deemed it inexpedient to legislate on the subject.

The following message from the Senate was reported:

SENATE CHAMBER, July 22, 1863.
The Senate this day passed House Bill No. 9, “A Bill to authorize the heirs of David Albright to establish a ferry across Cheat River,” with the following amendment in which they ask the concurrence of the House:

After the word “county” at the end of the first section, insert: “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 damages 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.”

They have also concurred in the House amendment to Senate Bill No. 2, “A Bill regulating proceedings in criminal cases.”

They have refused to concur in the first amendment, and concurred in the second amendment of the House to Senate Bill No. 4, “A Bill for the appointment of a Quartermaster General, and prescribing, in part, his duties.”

ELLERY R. HALL, Clerk of Senate.

House Bill No. 9, entitled “A Bill to authorize the heirs of David Albright to establish a ferry across Cheat river,” so returned from the Senate with an amendment, was taken up, and with the amendment, referred to the committee on the Judiciary.

A message from the Senate announced the passage by that body of the following joint resolution, and asked concurrence:

Resolved by the Legislature of West Virginia, That a joint committee of three from the House and two from the 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.

Senate Bill No. 4, entitled “A Bill for the appointment of a Quartermaster General and prescribing, in part, his duties,” so reported from the Senate with refusal to concur in the first House amendment thereto, was taken up, and the House receded from said first amendment.

House Bill No. 42, entitled “A Bill prescribing general regulations for the incorporation of joint stock companies other than for banks and internal improvements,” was taken up on its second reading, read the second time, and, on motion of Mr. Van Winkle, referred to the committee on the Judiciary.

On motion of Mr. Ross,

House Bill No. 32, entitled “A Bill accepting the conditions of the Act of Congress of July 5th, 1862, donating lands to the several States for the endowment of Agricultural Colleges,” on its second reading, was taken up and recommitted to the committee on Education.

On motion of Mr. Kramer,

House Bill No. 38, entitled “A Bill to provide for the forfeiture of property in this State belonging to the enemies thereof,” on its second reading, was taken up.

On motion of Mr. Ballard, the bill was amended by adding to the twelfth section, the following: “Nothing in this Act shall be construed to deprive any citizens of this State of the right to proceed against any alien enemy, or the commissioner having charge of his estate, to recover damages for any injury to person or property caused by such alien enemy.”

On motion of Mr. Lamb, the bill was further amended by inserting after “whole” in line one hundred and thirty-two, the words: “but this shall not affect any lien already accrued.”

On motion of Mr. Van Winkle, the bill was still further amended by adding to the sixteenth section, the words: “But such persons may nevertheless be proved to be alien enemies within the meaning of this Act, by other competent evidence, if afterwards obtained.

On motion the House adjourned.


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

West Virginia Archives and History