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Timeline of West Virginia: Civil War and Statehood
July 28, 1863


Journal of the Senate
of the State of West Virginia

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

Tuesday, July 28th, 1863.

After prayer by Rev. Mr. McLure, the Journal was read and approved.

A message from the House of Delegates, by the Clerk, informed the Senate that the House had adopted the report of the committee of conference on the Senate’s amendments to House Bill No. 8, “A Bill relating to exemptions from military duty,” agreeing to the first and disagreeing to the fifth of said amendments.

On motion of Mr. Mahon, the Senate concurred in said report.

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

The President laid before the Senate the following communication from the Governor, which was read (See Executive Document No. 2.)

On motion of Mr. Farnsworth, said communication, with the accompanying documents, was laid on the table, ordered to be printed and referred to the committee on Finance and Claims.

Mr. Maxwell, from the committee on Courts of Justice and General Laws reported back the following bill, with a recommendation that it pass:

House Bill No. 41, “A Bill providing for examining and certifying commissioner’s books for 1863,” which was read the third time, and passed with its title:

Yeas – Messrs. Phelps, (President,) Bowen, Brown, Carskadon, Copley, Farnsworth, Hawkins, Haymond, Hubbard, Mahon, Maxwell, Rollyson, Slack, Stevenson, and Young – 16.

Nays – Mr. Bunker –1.

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

Mr. Brown, from the committee on Finance and Claims, reported back the following bill, with a recommendation that it pass:

House Bill No. 35, “A Bill making an appropriation for expenses of the Legislature,” which was read the third time, and passed with its title:

Yeas – Messrs. Phelps, (President,) Atkinson, Bowen, Brown, Bunker, Carskadon, Copley, Farnsworth, Hawkins, Haymond, Hubbard, Mahon, Maxwell, Rollyson, Slack, Stevenson, and Young – 17.

Nays – None.

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

Mr. Stevenson, from the committee on Townships, &c., reported the following bill, which was read the first time and ordered to be printed:

Senate Bill No. 14, “A Bill prescribing the duties of the Clerk of the Board of Supervisors.”

Senate Bill No. 3, “A Bill providing for issuing grants for land in certain cases,” was read the third time, and passed with its title.

Yeas – Messrs. Atkinson, Bowen, Brown, Bunker, Carskadon, Copley, Farnsworth, Hawkins, Haymond, Hubbard, Mahon, Maxwell, Rollyson, Stevenson, and Young – 15.

Nays – Mr. Phelps, (President) – 1.

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

Senate Bill No. 12, “A Bill in relation to orders of publication,” was read the third time, and passed with its title:

Yeas – Messrs. Phelps, (President,) Atkinson, Bowen, Brown, Bunker, Carskadon, Copley, Farnsworth, Hawkins, Haymond, Hubbard, Mahon, Maxwell, Rollyson, Slack, Stevenson, and Young – 17.

Nays – None.

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

On motion of Mr. Young,

Senate Bill No. 9, “A Bill concerning spirituous liquors,” was taken up, and made the order of the day for to-morrow morning at 11 o’clock.

On motion of Mr. Stevenson,

Senate Bill No. 10, “A Bill prescribing in part, the duties of supervisors,” was taken up, read the second time, and ordered to be engrossed.

A message from the House, by Mr. Van Winkle, informed the Senate that the House had refused to concur in any of the amendments to House Bill No. 5, “A Bill to provide for the division into townships of the several counties in the State.”

House Bill No. 37, “A Bill concerning the bond of the Surveyor of Lands,” was read the second time, and referred to the committee on Courts of Justice and General Laws.

Mr. Farnsworth moved that the Senate take up his joint resolution in relation to candidates for the office of United States Senator; and upon this question he demanded the yeas and nays, and thedemand being sustained, the motion was agreed to.

Yeas – Messrs. Phelps, (President,) Atkinson, Bowen, Copley, Farnsworth, Hubbard, Mahon, Rollyson, and Stevenson – 9.

Nays – Messrs. Brown, Bunker, Carskadon, Hawkins, Haymond, Maxwell, and Slack – 7.

And the question being upon the amendment of Mr. Steveson, pending when the resolution was laid on the table to strike out the words, “have thought more of party than of their country, and” it was put and decided in the affirmative.

Mr. Haymond moved that the resolution be indefinitely postponed; and upon this question Mr. Farnsworth demanded the yeas and nays, and the demand being sustained, the motion was lost:

Yeas – Messrs. Brown, Bunker, Carskadon, Copley, Hawkins, Haymond, and Maxwell – 7.

Nays – Messrs. Phelps, (President,) Atkinson, Bowen, Farnsworth, Hubbard, Mahon, McCann, Rollyson, Slack, Stevenson, and Young – 11.

Mr. Atkinson moved to amend said resolution by striking out of the last line all after the word “rebellion,” and insert the words, “in order to restore peace to our whole country, and adhere after the rebellion is put down, to the measures adopted by the government, in accordance with the proclamation of emancipation, as a finality upon the question of slavery.”

Mr. Brown moved to amend the amendment, by inserting after the word “proclamation” the words “and the Constitution of the United States,” pending which,

On motion of Mr. Hubbard, the Senate took a recess till three o’clock, P.M.

3 o’clock, P.M.

The Senate re-assembled.

The Senate resumed the consideration of the resolution and amendment pending at the hour of recess. The amendment to the amendment was rejected, and the amendment adopted.

The following is the vote upon the amendment to the amendment:

Yeas – Messrs. Brown, Bunker, and Stevenson – 3.

Nays – Messrs. Phelps, (President,) Atkinson, Bowen, Carskadon, Copley, Farnsworth, Hawkins, Hubbard, Mahon, McCann, Slack and Young – 12.

The following is the vote upon the amendment:

Yeas – Messrs. Phelps, (President,) Atkinson, Bowen, Copley, Farnsworth, Hubbard, Mahon, McCann, Slack, Stevenson, and Young – 11.

Nays – Messrs. Brown, Bunker, Carskadon, and Hawkins – 4.

Mr. Bunker moved that the Senate adjourn, but the motion was lost:

Yeas – Messrs. Brown, Copley, Hawkins, and Haymond – 5.

Nays – Messrs. Phelps, (President,) Atkinson, Brown, Carskadon, Farnsworth, Hubbard, Mahon, Maxwell, McCann, Rollyson, Slack, Stevenson, and Young – 13.

The resolution, as amended, was then adopted by the following vote:

Yeas – Messrs. Phelps, (President,) Atkinson, Bowen, Copley, Farnsworth, Hubbard, Mahon, Maxwel, McCann, Rollyson, Slack, Stevenson, and Young – 13.

Nays – Messrs. Brown, Carskadon, Hawkins, and Haymond – 4.

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

On motion of Mr. Stevenson, the Senate insisted upon all its amendments to

House Bill No. 5, “A Bill to provide for the division into townships of the several counties in the State.”

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

Mr. Hubbard offered the following resolutions:

Resolved, That one dollar per day be fixed as the compensation of the janitor of the Senate, and that the clerk be authorized to draw for the same as in payment of other officers.

On motion of Mr. Stevenson, the resolution was amended by inserting after the word “dollar” the words “and twenty-five cents,” and the resolution, as amended, was adopted.

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


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

West Virginia Archives and History