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Timeline of West Virginia: Civil War and Statehood
July 29, 1863


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

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

WEDNESDAY, July 29, 1863.

Prayer by Rev. John Moffatt.

Journal read and approved.

Mr. Bowyer, from the committee on Roads and Internal Navigation, reported House Bill No. 47, entitled “A Bill declaring Dent’s Run, in the county of Marion, a public highway,” and House Bill No. 48, entitled “A Bill relating to the superintendent and collectors of the tolls on the Cumberland road.”

On motion of Mr. Ruffner,

House Bill No. 44, entitled “A Bill conferring on the Governor the powers and duties of the Board of Public Works,” on its second reading, was taken up, amended on motion of that gentleman, by substituting for the first section, the following,

“The same powers and duties which by the laws of the State of Virginia, in force on the nineteenth day of June, last, were vested in and required of the Governor, Auditor and Treasurer of that State, as a Board of Public Works, are hereby vested in and shall be exercised by the Governor of this State,”

And ordered to engrossment; and the bill having been engrossed, the case being urgent and three-fourths of the members consenting, the bill was on motion of Mr. Ruffner, read the third time, and passed, with its title.

The YEAS were - Messrs. Patrick (Speaker), Ballard, Barns, Barrick, Boggs, Copley, Crawford, Crooks, Davidson, Dawson, Dunbar, Dunn, Fleming, Foster, Gillilan, Goff, Griffin, Hagar, Hale, Hinchman, Holman, Keeney, Kittle, Kramer, Lamb, Little, Lough, Mann, McGrew, McWhorter, Michael, Rader, Robinson, Ross, Ruffner, Sheets, Sutton, Teter of Barbour, Teter of Upshur, Van Winkle, Wiant, Wright, and Zinn – 43.

The NAYS were – Messrs. Shriver, Sweeney, Turner, and Wheat-4.

The Speaker laid before the House a message from the Governor, transmitting the certificate of the Governor of Virginia of the result of the election held in Berkeley county in that State, under authority of “An Act giving the consent of the State of Virginia to the county of Berkeley being admitted into and becoming part of the State of West Virginia,” passed by the General Assembly of Virginia, January 31, 1863; which was referred to the committee on Counties, Townships, &c.

The following message was reported from the Senate:

SENATE CHAMBER, July 28, 1863.

The Senate has this day adopted the report of the committee of conference on the Senate amendments to House Bill No. 8, “A Bill relating to exemptions from military duty,” agreeing to the first and disagreeing to the fifth amendment.

They have also insisted upon all their amendments to House Bill No. 5, “A Bill to provide for the division into townships of the several counties in the State,” in which the House to-day refused to concur.

They have also passed House Bill No. 41, “A Bill providing for examining and certifying commissioners’ books for 1863,” and House Bill No. 35, “A Bill making an appropriation for expenses of the Legislature.”

They have also passed Senate Bill No. 3, “A Bill providing for issuing grants for lands in certain cases;” and Senate Bill No. 12, “A Bill in relation to orders of publication,” in both of which they ask concurrence.

They have also passed and ask concurrence in the following joint resolution:

WHEREAS, it will soon become the duty of the Legislature of West Virginia to elect two persons to represent the State in the Senate of the United States; and whereas, the future prosperity and happiness of our people are inseparably connected with the perpetuity of the Union, and the vindication of the National Government, and the success of its arms; and whereas, past experience has taught us that some who have aspired to and obtained high positions, have proved recreant to their trust in the hour of trial, and were willing to make a dishonorable compromise and thereby sacrifice the honor and dignity of the nation; therefore, in order to avoid such a recurrence and that the unconditional loyalty of West Virginia may be distinctly understood, and that the sentiments of those who aspire to the high position of Senators of the United States may be known,

Be it resolved by the Legislature of West Virginia, That a joint committee of two from the Senate and three from the House be appointed to address those who may be named, or put in nomination for election to the Senate of the United States, and to ascertain their views in reference to supporting the General Government in all its efforts to suppress the wicked and unproked [sic] rebellion which now desolates the land; and also to make it known that the Legislature of West Virginia desires no man to be a candidate for that exalted position, who cannot, in this respect, show a clean record, and who will not pledge himself to a cordial and earnest support of the Administration in all its efforts to crush the rebellion out, 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.

ELLERY R. HALL, Clerk of Senate.

Mr. Van Winkle moved that the House insist upon their disagreement to the amendments insisted on by the Senate to House Bill No. 5, so returned from the Senate, and the motion was agreed to.

The same gentleman then moved that the House ask for a committee of conference to consider the amendments to the bill, and the motion was agreed to, and Messrs. Van Winkle, Kramer, and Ruffner were appointed on the part of the House.

Senate Bills No. 3 and No. 12, so reported from the Senate, were taken up and read the first time.

The Senate joint resolution so reported, was taken up.

Mr. Ruffner moved to lay upon the table.

Upon this motion, Mr. Hagar demanded the yeas and nays, and they were ordered and taken.

The YEAS were - Messrs. Patrick (Speaker), Barns, Crothers, Davidson, Fleming, Foster, Goff, Griffin, Hale, Kittle, McGrew, McWhorter, Rader, Ruffner, Sutton, Teter of Barbour, Teter of Upshur, Turner, and Zinn – 19.

The NAYS were – Messrs. Ballard, Barrick, Boggs, Copley, Crawford, Crooks, Dawson, Dunbar, Dunn, Gillilan, Hagar, Hinchman, Holman, Keeney, Kramer, Little, Lough, Mann, Michael, Robinson, Ross, Sheets, Sweeney, Wheat, Wiant, and Wright-26.

So the House refused to lay upon the table.

Mr. Ruffner moved to make it the order of the day for to-morrow at half past ten o’clock, A. M.

Mr. Crothers moved to amend by making it the order for half past ten on Friday morning next, and the amendment prevailed, and the motion as amended was agreed to.

Engrossed House Bill No. 43, entitled “A Bill to provide for the issuing of grants where entries have been heretofore made,” was taken up, read the third time, and passed, with its title.

The YEAS were - Messrs. Patrick (Speaker), Ballard, Barns, Bee, Barrick, [sic] Boggs, Copley, Crawford, Crooks, Davidson, Dawson, Dunbar, Dunn, Fleming, Foster, Gillilan, Goff, Griffin, Hagar, Hale, Hinchman, Holman, Keeney, Kittle, Kramer, Lamb, Little, Lough, Mann, McGrew, McWhorter, Michael, Rader, Robinson, Ross, Ruffner, Sheets, Shriver, Sutton, Sweeney, Teter of Barbour, Teter of Upshur, Turner, Van Winkle, Wheat, Wiant, Wright, and Zinn – 47.

The NAYS were – None.

Engrossed House Bill No. 45, entitled “A Bill to remove the seat of justice of Hampshire county, temporarily to Piedmont,” was taken up, read the third time, and passed with its title.

The YEAS were - Messrs. Patrick (Speaker), Ballard, Barns, Barrick, Boggs, Copley, Crawford, Crooks, Davidson, Dawson, Dunbar, Dunn, Fleming, Foster, Gillilan, Goff, Griffin, Hagar, Hale, Hinchman, Holman, Keeney, Kittle, Kramer, Lamb, Little, Lough, Mann, McGrew, McWhorter, Michael, Rader, Robinson, Ross, Ruffner, Sheets, Shriver, Sutton, Sweeney, Teter of Barbour, Teter of Upshur, Turner, Van Winkle, Wheat, Wiant, Wright, and Zinn – 46.

The NAYS were – None.

Engrossed House Bill No. 46, entitled “A Bill providing for the construction of a road in the county of Hardy,” was taken up, read the third time, and, on motion of Mr. Boggs, referred to the committee on Military Affairs.

Senate Bill No. 7, entitled “A Bill relating to the public printing,” was taken up on its second reading, read the second time and referred to the committee on Printing and Contingent Expenses.

On motion of Mr. Zinn,

House Bill No. 31, entitled “A Bill for reorganization of the militia,” was taken from the table on its second reading.

The same gentleman moved to amend by adding to the sixth section the following:

“The Colonel, Lieutenant Colonel, and Major of each regiment shall be elected by the officers and privates composing each regiment, and commissioned in the same way that Captains and Lieutenants are commissioned.”

Upon this motion, he demanded the yeas and nays, and they were ordered and taken.

The YEAS were - Messrs. Ballard, Barns, Barrick, Boggs, Copley, Crooks, Davidson, Dawson, Fleming, Foster, Gillilan, Goff, Griffin, Hagar, Hale, Holman, Keeney, Kramer, Lamb, Little, Lough, Mann, McGrew, McWhorter, Michael, Rader, Robinson, Ross, Ruffner, Sheets, Shriver, Sutton, Sweeney, Teter of Barbour, Teter of Upshur, Turner, Wheat, Wiant, Wright, and Zinn – 42.

The NAYS were – Messrs Patrick (Speaker), Crawford, Dunn, Hinchman, Kittle, and Van Winkle – 6.

So the amendment was adopted.

On motion of Mr. Kramer the bill was frther amended by striking all after the word “oaths,” in the seventy-eighth line, to the word “when,” in the eighty-ninth line, and inserting, “I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of this State, and that I will faithfully perform the duties of my office to the best of my skill and judgment, so help me God;” and further amended, on motion of the same gentleman, by filling the first blank, in line one hundred and thirty-five, with the word “twenty,” and the second blank, in the same line, with the words “one hundred.”

The bill was further amended, on motion of Mr. Dunbar, by inserting in line one hundred and sixty-eight, before “drum” the words “tenor and one bass.”

The bill was still further amended, on motion of Mr. Kramer, by striking out “one hundred” in line two hundred and seventy-four, and inserting “twenty,” and by striking out “five,” in the same line, and inserting “one.”

The bill was then, on motion of Mr. Kramer, laid on the table.

On motion of Mr. McWhorter,

Ordered, That the clerk procure for the use of the members of this House, two hundred printed copies of House Bill No. 41, in reference to examining and certifying commissioner’s books for 1863.

On motion of Mr. Goff,

Resolved, That the assistant clerk of this House be allowed three dollars per diem for his services, and that the sergeant-at-arms pay the same.

On motion of Mr. Ross,

Ordered, That the committee on Humane and Criminal Institutions be instructed to inquire into the operation of our present system of poor laws, and to report, by bill or otherwise, what legislation, if any, is necessary to render our system of poor laws, and the practice under them, a proper exponent of the humanity and civilization of the State.

Mr. Mann gave notice that he should not avail himself of the leave of absence obtained yesterday.

On motion, the House adjourned.


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

West Virginia Archives and History