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Timeline of West Virginia: Civil War and Statehood
July 31, 1863


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

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

[committee reports including payment of inauguration and constitutional convention expenses, work on HB 38 regarding forfeited property of enemies of state, several messages from Senate regarding bills passed]

FRIDAY, July 31, 1863,

Prayer by Rev. John Moffatt.

Journal read and approved.

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.

The question occurred upon the amendment offered by Mr. Kramer to the sixteenth section, pending the consideration of which the hour fixed for the execution of the order of the day, it being the Senate joint resolution raising a committee to interrogate candidates for the United States Senate, arrived, and the order was taken up.

Mr. Ruffner moved to strike out all after the word “country,” in line twenty-eight.

Upon this motion he demand the yeas and nays, and they were ordered; whereupon, on motion of Mr. Bee, the resolution and amendment were laid upon the table.

Mr. Ruffner, from the committee on Taxation and Finance, to whom was referred the memorial of Thomas Hornbrook, in behalf of the committee to arrange for the ceremonies of inauguration, transmitting account and vouchers for expenses incurred, and asking that provision be made for their repayment, reported having found the account and vouchers to correspond, and returned the same to the House for its disposal.

Mr. McGrew, in behalf of the same committee, to whom were referred the accounts of the Executive committee of the late Constitutional Convention for adjustment, submitted the report of that committee on the subject and returned to the House the books and vouchers upon which the report was founded.

Mr. Kramer, from the committee on Military Affairs, to whom was referred House Bill No. 46, entitled “A Bill for the construction of a road in the county of Hardy,” reported the same back with recommendation that it pass.

Mr. Ross, from the committee on Education, to whom was referred House Bill No. 32, entitled “An Act accepting the conditions of the Act of Congress of July 5, 1862, donating lands to the several States for the endowment of agricultural colleges,” reported House Bill No. 52, a substitute for the same, entitled “A Bill accepting the conditions of the Act of Congress of July 2nd, 1862, donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts.”

Mr. Van Winkle, from the committee on Counties, Townships, &c., reported House Bill No. 53, entitled “A Bill defining, in part, the duties of the several counties.”

A message from the Senate announced concurrence by that body in the appointment of a committee of conference to consider the amendments proposed by the Senate to:

House Bill No. 5, entitled “A Bill for the division into townships of the several counties in the State,” and the appointment on the part of the Senate of Messrs. Stevenson and Brown; also the passage by that body of House Bill No. 37, entitled “A Bill concerning the bond of the Surveyor of Lands,” with the following amendment: Add at the end of the first section, “But all surveyors now elected shall be allowed one hundred and twenty days after the passage of this act in which to execute such bond.”

The bill so reported back was taken up, and the amendment concurred in.

Mr. Van Winkle, from the committee of conference to consider Senate amendments to House Bill No. 5, entitled “A Bill for the division into townships of the several counties in the State,” reported agreement upon the following amendments to the bill:

Strike out of lines two and three the words “three for each each [sic] county of the State,” and insert instead: “one for each magisterial district in each county of the State, a majority of whom may act.”

Insert after “division,” in line seven, “either by adopting, altering, increasing, or diminishing the number of present magisterial districts, as they may deem proper.”

Insert before “maps,” at the end of line twenty-two, the word “outline.”

Strike out in lines twenty-five and twenty-six the words “the area of each stated,” and insert after “each” where it occurs the second time in line twenty-six, the word “township.”

In line thirty-one strike out “and surveyor.”
In same line strike out “three dollars” and insert “one dollar and a half.”
In line thirty-two insert after “each” “and the surveyor two dollars,” and after “are” insert “respectively.”
Strike out from “descriptions” in line thirty-five to “the” where it first occurs in line thirty-nine.
Strike out “approximate” in lines forty-three and forty-four, also “late” before “United States” in line forty-five, and insert after “Census” in same line “of 1860.”

Strike out the schedule and insert the schedule proposed by the Senate.

The report was adopted, and Mr. Van Winkle directed to so inform the Senate.

On motion of Mr. McGrew,

House Bill No. 9, entitled “A Bill to authorize the heirs of David Albright to establish a ferry across Cheat river,” returned from the Senate with an amendment, referred, and the amendment reported on adversely, was taken up, and on motion of the same gentleman, the amendment was disagreed to.

Mr. Lamb offered the following joint resolution, and it was adopted:

Resolved by the Legislature of West Virginia, That instead of the number heretofore directed there be printed in all, two thousand copies of the Acts; of which five hundred shall be distributed in sheets among the members as the session progresses, and the remainder reserved to be indexed and half bound in the usual manner, at the end of the session.

Resolved, That two thousand copies of the Constitution be printed to be bound with the Acts of the Legislature.

A message from the Senate announced the adoption by that body of the report of the committee of conference on House Bill No. 5.

On motion of Mr. Hagar,

Ordered, That the committee on Military Affairs inquire into the expediency of reporting by bill, or otherwise, appropriating one hundred and nineteen dollars to pay the claims of the adjutant, clerk, fifers and drummers, as allowed by the regimental court held in Boone county, March 10th, 1863.

On motion of Mr. Kittle,

Ordered, That the committee on the Judiciary, inquire into the expediency of reporting a bill to authorized the supplying of records that have been carried off or destroyed by rebels, or other causes.

Ordered, That the committee on the Judiciary, inquire into the expediency of reporting a bill to legalize levies made by County Courts since June term, up till present time.

On motion of Mr. Kramer,

Ordered, That the committee on Printing and Contingent Expenses be instructed to inquire into the expediency of repealing the 1st, 2d, and 4th sections of chapter 20 of the Code of Virginia, 1860.

On motion of Mr. Teter of Upshur,

Ordered, That the committee on Roads, &c., inquire into the propriety of rebuilding the bridge over the Buckhannon river on the line of the Staunton and Parkersburg Turnpike near the town of Buckhannon.

Mr. Copley presented a memorial from William Nixon, Collector of the Revenue for Wayne county, accompanied by an affidavit deposing that in September, 1862, he was robbed of eight hundred and forty-five dollars belonging to the State, and praying restitution of the same.

The memorial was referred to the committee on Claims and Grievances.

The consideration of House Bill No. 38, was resumed, and the question being on the amendment offered by Mr. Kramer, it was rejected.

The bill was amended, on motion of Mr. Griffith, by striking out “Governor” in line two hundred and seven, and substituting “Sheriff,” and by striking out “this State” in line two hundred and eight, and substituting “his county;” and further, on motion of Mr. Lamb, by adding to the third section the following: “Where the court may deem it proper, it may cause a jury to be empanneled to try any question of fact arising upon such notion;” and further, on motion of the same gentleman, by striking out “alien” before “enemy,” wherever it occurs; and still further, on motion of Mr. Ballard, by striking out “lawful for” in line two hundred and seven, and substituting “the duty of.”

The bill was then ordered to engrossment.

On motion of Mr. Van Winkle,

Resolved, That 500 copies of “An Act to provide for the division into townships of the several counties in the State,” of the first section of the seventh article of the Constitution, and of a tabular statement of the white population of each county, according to the United States census of 1860, be printed for the use of the commissioners appointed by the above entitled Act.

On motion, the House adjourned.


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

West Virginia Archives and History