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Timeline of West Virginia: Civil War and Statehood
July 27, 1863


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

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

[spending time dealing with various financial issues including between VA and WV, did not want to legislate on county borders, still amending bill reorganizing militia]

TUESDAY, July 28, 1863.

Prayer by Rev. John Moffatt.

Journal read and approved.

The Speaker laid before the House a message from the Governor, relative to an adjustment of financial matters between the States of Virginia and West Virginia, transmitting a communication from the Governor of Virginia, accompanied by a report, upon the condition of the Auditor’s office of the same. (Ex. Doc. No. 2.)

On motion of Mr. Ruffner, the message and accompanying documents were laid on the table and ordered to be printed.

The unfinished business, it being the consideration of 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.

Mr. Kramer offered the following amendment: Strike out all of section sixteen, after “enacted,” in the 117th line, and insert:

That when proceedings shall be instituted in any of the courts of this State, against any of the aforesaid persons, it shall be the duty of the clerk of the circuit court for the county in which the proceeding is instituted, to give notice to such parties by publication for sixty days in some newspaper published in the county, if there are any such published in the county, and if none, by public notice posted at the front door of the court-house, that if they do not appear at the term of the court for which the case is ruled for trial, such failure shall be prima facia evidence that such person, or persons, are alien enemies within the meaning of this act.

On motion of Mr. Lamb the bill and amendment were laid on the table.

Mr. Van Winkle, from the committee on Counties, Townships, &c., to whom was referred House Bill No. 5, entitled “A Bill to provide for the division into townships of the several counties in the State,” returned from the Senate with amendments, reported it back with a recommendation that the House do not concur in the amendments.

The bill was taken up, and the amendments were severally disagreed to, and Mr. Van Winkle directed to so inform the Senate.

The same gentleman, from the same committee, to whom were referred numerous resolutions respecting changes in the boundaries of counties, reported as to them all, that it was inexpedient to legislate on the subject.

Mr. Ruffner offered the followed joint resolution, and it was adopted:

Resolved, The Senate concurring, that when the Legislature adjourn on Wednesday, the 5th day of August next, it will adjourn to meet on the 2nd day of the following September.

The joint resolution received from the Senate on Thursday, to raise a joint committee to inquire into the expediency of a newspaper publication of the laws, was taken up, and, on motion of Mr. Ruffner, laid on the table.

The following message was reported from the Senate:

SENATE CHAMBER, July 23, 1863.

The Senate has this day passed the following resolution, in which they ask concurrence: 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.

The Senate has also passed the joint resolution sent from the House on the 16th inst., raising a joint committee “to ascertain and adjust the amount coming to this State under the Act of February 4, 1863,” and to cause the same to be passed to the credit of the treasury of the State; and have appointed as the committee on the part of the Senate, Messrs. Bunker and Carskadon.

The Senate has also agreed to appoint a committee of conference in relation to House Bill No. 8, and have appointed as the committee on the part of the Senate, Messrs. Farnsworth and Mahon.

ELLERY R. HALL, Clerk of Senate.

The resolution so transmitted from the Senate was adopted, and the following gentlemen appointed the committee raised under it on the part of the House: Messrs. Lamb, Barns, Hagar, Hale and Dunbar.

The following message from the Senate was reported:

SENATE CHAMBER, July 27, 1863.

The Senate has this day passed Senate Bill No. 7, “A Bill relating to the public printing,” in whch they ask concurrence.

They have also passed 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 the following amendment, in which they ask concurrence:

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

They have also concurred in the House amendment to House Bill No. 17, “A Bill to amend the act staying the collection of certain debts,” striking out Senate section “five” and inserting another.

ELLERY R. HALL, Clerk of Senate.

House Bill No. 30, so returned, with an amendment, was taken up, and the amendment concurred in.

The following bills were taken up, on their second reading, read the second time, and ordered to engrossment:

House Bill No. 43, entitled “An Act to provide for the issuing of grants where entries have been heretofore made:” House Bill No. 45, entitled “A Bill to remove the seat of justice of Hampshire county temporarily to Piedmont,”

House Bill No. 44, entitled “A Bill conferring on the Governor the powers and duties of the Board of Public Works,” was taken up, on its second reading, read the second time, and laid upon the table.

House Bill No. 46, entitled “A Bill providing for the construction of a road in the county of Hardy,” wa taken up, on second reading, read the second time, amended, on motion of Mr. Ruffner, by inserting in the eleventh line after “the,” the words “part of the,” and ordered to engrossment.

On motion of Mr. Mann,

Ordered, That the committee on the Judiciary be instructed to inquire into the expediency of appointing committees in the several counties of the State, to ascertain the damages which may have been sustained by loyal citizens of their county, by the depredations of the Confederate soldiers, and to provide for the payment of such damages out of confiscations or otherwise, and report by bill or otherwise.

On motion of Mr. Burns,

Ordered, That the committee on Roads and Internal Navigation be instructed to inquire into the expediency of declaring Dent’s Run, in the county of Marion, a public highway.

On motion of Mr. Shriver,

Ordered, That the committee on Roads and Internal Navigation inquire into the expediency of altering the compensation of the superintendent and collectors of the Cumberland road.

On motion of Mr. Robinson,

Ordered, That the committee on the Judiciary inquire into the expediency of reporting a bill for the relief of Elisha Morgan, one of the so-called sureties of Aaron Cochran, constable of Wetzel county, and report by bill or otherwise.

Mr. Van Winkle submitted “a preamble and resolution relating to the navigation of the Ohio river,” which was laid on the table and ordered to be printed.

On motion of Mr. Kramer,

House Bill No. 31, entitled “A Bill for re-organization of the militia,” on its second reading, was taken from the table, and amended, on motion of the same gentleman, by striking out “board of supervisors” and inserting “sheriff” in the fifty-seventh line; by striking out in the sixty-eighth and sixty-ninth lines the words “supervisor of the township in which the company may be,” and inserting “sheriff of the county” and by striking out “supervisor” in line seventy-two, and inserting “sheriff,” and again laid on the table.

Mr. Dunbar asked, and obtained, ten days’ leave of absence for Mr. Mann.

On motion, the House adjourned.


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

West Virginia Archives and History