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


Journal of the Senate
pp. 201-07

WEDNESDAY, October 28, 1863.

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

A message from the House of Delegates, by the Clerk, announced that the House had accepted the Senate substitute for House Bill No. 115, “A Bill to provide for revising, collating and digesting into a Code the laws now in force in this Senate;” and that it had passed and asked concurrence in House Bill No. 124, “A Bill to continue the stay law in force within the county of Kanawha,” which was read the first time.

Mr. Maxwell, from the Committee on Courts of Justice and General Laws reported back Senate Bill No. 33, “A Bill in relation to juries,” with a recommendation that the following be adopted as a substitute for the 5th section:

“5. All persons placed upon any list of persons from which jurors are to be selected or drawn, and all persons summoned as grand or petit jurors, shall be persons of known loyalty to this State and the United States, who have not voluntarily borne arms against the United States, nor given aid, counsel, countenance or encouragement to persons engaged in armed hostility thereto, and who have not yielded a voluntary support to any pretended government, authority, power or constitution within the United States, hostile or inimical thereto.”

This substitute was adopted, and the bill was ordered to be engrossed.

The same gentleman reported from said committee, Senate Bill No. 39, “A Bill to compel the attendance of members of the Legislature,” which was read the first time.

Mr. Stevenson, from the Committee on Townships, &c., reported back House Bill No. 100, “A Bill to alter part of the division lines between the county of Webster and the counties of Randolph, Nicholas and Greenbrier,” with a recommendation that it pass; and it was read the third time.

But, on motion of Mr. Bunker, the bill was laid on the table.

Mr. Carskadon, from the Committee on Privileges and Elections, to whom was referred the case of David M. Burgess, claiming a seat as Senator from the 9th Senatorial District to fill unexpired term of T. K. McCann, resigned, reported adversely thereupon.

House Bill No. 101, “A Bill admitting the county of Jefferson into, and making the same part of, this State,” was read the first time.

House Bill No. 116, “A Bill relating to townships and township officers,” was read the second time and referred to the Committee on Townships, &c.

On motion of Mr. Atkinson, the Senate reconsidered the vote taken yesterday, ordering the report of the joint special committee in relation to the auditor’s office to be printed.

The report was then adopted and ordered to be filed in the office of the keeper of the rolls.

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

The Senate then resumed the consideration of House Bill No. 57, “A Bill defining, in part, the powers and duties, and regulating the proceedings of, the boards of supervisors in the several counties of the State.”

All the amendments proposed by the committee in its report on yesterday were agreed to by the Senate.

On motion of Mr. Stevenson, the Senate reconsidered the vote by which amendment No. 8 was adopted on Saturday last; and the question recurring upon the adoption of the same, it was put and decided in the negative.

On motion of Mr. Maxwell, the 65th line was amended by striking out the words “one hundred” and inserting “fifty.”

Mr. Stevenson moved that the same line be amended by striking out “five” and inserting “eight;” and the question being divided, the motion to strike out was agreed to, and the motion to insert “eight” was lost.

On motion of Mr. Haymond, the blank was filled with the word “six.”

Mr. Atkinson moved to reconsider the vote adopting the 17th amendment of the committee, which was agreed to. He then moved to amend the amendment by changing it so as to read as follows:

“Any person having a claim or demand against the county may present the same in person or otherwise to the board of supervisors at any stated meeting, or file the same with the clerk thereof, who shall lay the same before the board at the first stated meeting thereafter. The board after examination and consideration of the same shall allow the whole or any part thereof, as they may deem just, or disallow the whole.”

This motion was adopted, and the amendment, as amended, agreed to; whereupon the bill, as amended, was read the third time, and passed with its title:

YEAS – Messrs. Phelps, (President.) Atkinson, Bowen, Brown, Bunker, Carskadon, Copley, Farnsworth, Hawkins, Haymond, Mahon, Maxwell, Slack, Stevenson, and Young – 15.

NAYS – None.

On motion of Mr. Maxwell,

House Bill No. 43, “A Bill to provide for the issuing of grants where entries have been heretofore made,” was taken up and recommitted.

Mr. Stevenson, from the Committee on Townships, &c., by leave, reported back House Bill No. 116, “A Bill relating to townships and township officers,” with a recommendation that it pass with the following amendments:

1. Strike out in the 5th line the words “not contrary to law.”

2. In the 78th line strike out the words “three last” and insert the words “last three.”

3. Insert after the word “officers,” in the 103d line, “and when the journal of the proceedings of any township meeting has been read and approved, he shall sign the same.”

4. In the 110th line strike cut the words “and things.”

5. Strike out from the word “law, in the 111th line, to the end of the section.

6. Insert after the word “adopted,” in the 128th line, the following: “he shall read the journal of the proceedings of each day’s meeting, and have the same corrected, if it require it, and signed before the adjournment thereof, except where the meeting adjourns from day to day, in which case the journal may be read, corrected and signed at the opening of the adjourned meeting.

7. Strike out all from the word “adopted,” in the 128th line, to the word “Before,” in the 131st line.

8. In the 178thline strike out the words “his township” and insert in place thereof “the State of West Virginia.”

All of said amendments were adopted.

On motion of Mr. Brown, the 8th section was amended by striking out all after the words “annual township election,” in the 83d line, to the word “and,” in the 92d line, and by inserting before the word “elect,” in the 93d line, the words “voters of each township shall.”

On motion of Mr. Stevenson, the bill was laid on the table.

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


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

West Virginia Archives and History