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


Journal of the Senate
of the State of West Virginia

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

Thursday, July 23rd, 1863.

The Journal was read and approved.

A message from the House of Delegates, by the Clerk, announced that they had passed, and asked concurrence in,

House Bill, No. 37, “A Bill concerning the bond of the Surveyor of Lands.”

Also, that the House had concurred in all the Senate amendments to House Bill No. 17, “A Bill to amend the Act staying the collection of certain debts,” except that they have stricken out what is therein proposed as “section 5,” and insert instead thereof the following, in which they ask concurrence:

“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.”

And also, that the House had asked for a committee of conference, to consider the Senate amendments proposed to House Bill No. 8, “A Bill relating to exemptions from military duty,” and that they had appointed as the committee on the part of the House. Messrs. Kramer, Lamb, and Bee.

Mr. Maxwell, from the committee on Courts of Justice and General Laws, reported back House Bill No. 30, “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,” with a recommendation that it pass with the following amendment:

At the end of the third section, strike out the words, “the best evidence of the contents thereof which the nature of the case will allows, shall be received in lieu thereof,” and insert the words “a new presentment or indictment may be preferred against the accused.”

Mr. Maxwell, from the same committee, reported adversely upon a resolution referred to them in regard to making the crime of horse stealing punishable by death or other severe penalty, for the reason that no further legislation upon that subject is necessary.

Mr. Atkinson, from the committee on Education reported the following bill:

Senate Bill No. 13, “A Bill for the establishment of a system of Free Schools.”

Mr. Slack, from the special committee in reference to the imprisonment of Captain Gram and Lieutenant Wade, by the pretended authorities at Richmond, reported that the said parties had been released.

On motion of Mr. Bunker, the joint resolution raising a committee to examine the Auditor’s office, was taken up and passed.

On motion of the same, the joint resolution in relation to the amount of money, &c., coming to the State of West Virginia, by virtue of an Act of the General Assembly of Virginia, passed February 4, 1863, entitled “An Act making an appropriation to the proposed State of West Virginia,” &c., and appointing a committee to inquire into that matter, was taken up, and passed, and Messrs. Bunker and Carskadon appointed on the part of the Senate.

On motion of Mr. Farnsworth, the Senate concurred in appointment of a committee of conference in relation to the Senate amendment to House Bill No. 8, “A Bill relating to exemptions from military duty,” and appointed thereon, Messrs. Farnsworth and Mahon.

Ordered, That the Clerk inform the House of Delegates thereof.

On motion of Mr. Farnsworth, the Senate took up and passed the joint resolution raising a committee to inquire into the expediency by publishing the laws of the present session in the loyal newspapers of the State.

Ordered, That Mr. Farnsworth inform the House of Delegates thereof, and ask concurrence.

On motion of Mr. Stevenson,

Resolved, That the committee on Finance and Claims be requested to inquire into the expediency of reporting a bill regulating the assessment and collection of taxes, and defining the duties of assessors and collectors.

Senate Bill No. 10, “A Bill prescribing, in part, the duties of supervisors,” was read by sections for amendment.

On motion of Mr. Hubbard, the word “to” in the seventeenth line was stricken out, and “shall” inserted.

Mr. Haymond moved to strike out “one-third” in the forty-fourth line and insert “two-thirds,” which was disagreed to.

Mr. McCann moved to strike out “one-third” and insert “a majority,” but this was also disagreed to.

On motion of Mr. Stevenson, the words “make all necessary regulations” in the seventy-fourth line were stricken out and the word “provide” inserted in lieu thereof.

On motion of Mr. Brown, the words “establishing and regulating” were inserted in the seventy-sixth line in lieu of the word “regulations,” and the word “the” was inserted before the word “laying” in the seventy-fourth line.

Mr. Hubbard moved that the one hundred and twenty-third line be amended by inserting before the word “seal” the word “common,” and before the word “a” the words “and use,” which was agreed to.

On motion of Mr. McCann, the eighteenth section was stricken out.

Mr. Atkinson moved to amend the fourth line by inserting after the word “supervisors” the words “and they shall designate the time of holding the remaining stated meetings for the year,” which was agreed to.

On motion of Mr. Carskadon, the blank in the fourth line was filled, by inserting the words “two thousand.”

Mr. Burley moved to amend the sixty-fifth line by inserting after the word “require” the words “appoint superintendents and gate keepers on such turnpikes or parts or turnpike roads as may have been or may by law hereafter be transferred to such county, and have power to transfer the same with the stock therein, to any company that may be hereafter lawfully organized, empowered and bound for open and keep such road in good repair.”

And on motion of Mr. Maxwell, the Senate took a recess.

3 o’clock, P.M.

The Senate re-assembled.

Mr. Burley’s amendment, pending at the hour of recess, was adopted.

Mr. Brown offered the following additional section to said bill, to be inserted after Section 10:

“The Board of supervisors shall annually make a settlement with the disbursing officer of the county for the receipt and disbursement of the revenue of the county for each year, which settlement, after being approved by said board, shall be recorded by the clerk thereof.”

This section was adopted.

Mr. Stevenson moved that the following additional section be adopted, but the motion was lost:

“Each member of the board of supervisors shall be allowed, and paid by the county, a compensation for his services, and expenses in his township in attending the meetings of the board, at the rate of two dollars per day for the time actually engaged in township business, or in attending the meetings of the board: provided, that no supervisor shall be entitled to pay for more than fifteen days attendance on the board of supervisors in any one year.”

On motion of Mr. Carskadon, the bill was laid on the table.

And on motion of Mr. Bunker, the Senate adjourned.


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

West Virginia Archives and History