of the State of West Virginia
(Wheeling: John F. M'Dermot, Public Printer, 1863)
[Numerous amendments to the Militia reorganization bill, several bills moved out of committee and read the first time including bill to admit Berkeley County]
THURSDAY, July 30, 1863.
Prayer by Rev. John Moffatt.
Journal read and approved.
Mr. Ruffner, from the committee on Taxation and Finance, reported House Bill No. 49, entitled “A Bill making appropriations.”
Mr. Van Winkle, from the committee on Counties, Townships, &c., reported House Bill No. 50, entitled “A Bill admitting the county of Berkeley into, and make the same part of, this State.”
Mr. Bowyer, from the committee on Roads and Internal Navigation, reported House Bill No. 51, entitled “A Bill to incorporate the Marion and Monongalia Navigation Company.”
All of which were read the first time.
So also were 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 superintendents and collectors of the tolls of the Cumberland Road.”
A message from the Senate announced the passage, by that body, of Senate Bill No. 10, entitled “A bill prescribing, in part, the duties of supervisors,” which was read the first time.
Senate Bill No. 3, entitled “A Bill providing for issuing grants for land in certain cases,” was taken up, on its second reading, read the second time, and, on motion of Mr. Lamb, laid on the table.
Senate Bill No. 12, entitled “A Bill in relation to orders of publication,” was taken up, on its second reading, read the second time and ordered to third reading.
On motion of Mr. Kramer,
House Bill No. 31, entitled “A Bill for re-organizing the militia,” on its second reading, was taken from the table.
On motion of that gentleman the bill was amended by striking out of line thirty-one the words “Ohio, one hundred and sixty-first regiment, No. 3; Nos. 4 and 5, No. 4 and 5,” and inserting “Ohio county, one hundred and sixty-first regiment, shall be hereafter known as No. 3, and numbers 4 and 5 shall continue to be known by the same numbers.”
The bill was, on motion of the same gentleman, further amended by inserting the following, to come in after the sixth section:
“7. When a vacancy exists in the office of any field officer, the Colonel of the regiment, if there be any such, if none, the officer next highest in command, shall order the regiment to assemble on a certain day, at the place where such regiment usually musters for the purpose of holding an election to fill the vacant office, and when so assembled, they shall proceed to elect the officers necessary. A majority of the men composing the regiment shall constitute a quorum.
“8. When a new regiment shall be created, company districts formed therein, elections for company officers held, and the persons elected commissioned, the Adjutant General shall issue the requisite order to the officer first in rank of said regiment, and it shall be the duty of such officer to convene the regiment at some central and convenient place within the bounds of said regiment; and when a majority of the regiment shall be assembled, shall proceed to elect field officers for such new regiment.
“9. Elections of field officers shall be superintended by the three officers of highest grade in the regiment, who may be present, and not candidates themselves for promotion in said elections.”
The bill was further amended, on motion of the same gentleman, by inserting after the thirty-second section (of printed bill) the following:
“RIOTS, TUMULTS, BREACHES OF THE PEACE-DUTY OF COMMANDANTS.
“36. In case of any breach of the peace, tumult, riot, or resistance to any process of this State or of the United States, too formidable to be suppressed by the civil authorities, or apprehension of imminent danger of the same, it shall be lawful for the sheriff, or constable of any county, or the mayor of any city or town, to call for aid from any brigade, regiment, or company, and it shall be the duty of the commanding officer of such brigade, regiment, or company upon whom such call is made, to order out his command or any part thereof, in aid of the civil authorities.
“37. When a call is made under the foregoing section, it shall not be necessary for commandants to issue written orders or notices for calling out their men; but verbal orders and notices shall be sufficient.
“38. Any officer, refusing to give the necessary aid, when required by such sheriff, constable, or mayor, or for interfering or preventing the men of his command from performing such duty, shall be liable to a fine of not less than fifty nor more than two hundred dollars; and in addition thereto such officer shall be liable to be tried by a court martial and cashiered and forever disqualified from holding a military commission in this State.
“39. Any non-commissioned officer, musician, or private, who shall neglect or refuse to obey the order of his commanding officer, in the case provided for by this Act, shall be liable to a fine of not less than twenty nor more than one hundred dollars.”
The bill was further amended, on motion of Mr. Dunbar, by inserting before the word “drummer,” in line one hundred and fifty-seven, the words tenor and one bass,” and, on motion of the same gentleman, amended in the same particular, in line one hundred and sixty-two.
The bill was further amended, on motion of Mr. Ross, by striking out the thirty-first section (printed bill) down to the word “not” in the three hundred and twentieth line, and inserting instead the following: “Every non-commissioned officer or soldier failing to appear at any rendezvous, when lawfully ordered to do so, and every person who shall, in any way prevent the appearance of any one so ordered, shall be fined;” and further, on motion of Mr. Kramer, by inserting after “third,” in line three hundred and forty-seven, the words, “fourth, fifth, sixth,” and after “twenty-four,” in line three hundred and forty-eight, the words, “first and;” and further, on motion of Mr. Ruffner, by striking out in line one hundred and five, the words, “in April and May, and;” and further, on motion of Mr. Sweeney, by striking out “shall,” in line seventy-two, and substituting “may;” and further, on motion of Mr. Kramer, by striking out all after “held” in line one hundred and sixteen to “and,” in line one hundred and seventeen, and substituting the words “in April or May and October or November;” and still further, on motion of Mr. Sweeney, by striiking [sic] out “actually,” in line three hundred and one, and substituting “necessarily.”
The bill was then ordered to engrossment.
On motion of Mr. Lamb,
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, and pending its consideration,
Mr. Lamb obtained leave to present a memorial of Thomas Hornbrook relative to expenses incurred in the inauguration of the Governor, which was referred to the committee on Taxation and Finance; whereupon the House adjourned.
Timeline of West Virginia: Civil War and Statehood: July 1863