Skip
Navigation

Timeline of West Virginia: Civil War and Statehood
November 9, 1863


Journal of the Senate

MONDAY, November 9, 1863.

After prayer by the Rev. Dr. Laishley, the Journal was read and approved.

A message from the House of Delegates, by the Clerk, announced that the House had passed Senate Bill No. 39. “A Bill to compel the attendance of members of the Legislature,” and Senate Bill No. 40, “A Bill fixing the limits for allowances to county officers,” and that it had insisted on its disagreement to the Senate’s substitute for House bill No. 31, “A Bill for the reorganization of the militia.” Asked a committee of conference to consider the same, and appointed thereon Messrs. Kramer, Crawford, and Dawson.

On motion of Mr. Bunker, the Senate agreed to the proposal for such committee, and the President appointed thereon, Messrs. Bunker and Slack.

Mr. Maxwell, from the Committee on Courts of Justice and General Laws, reported back House Bill No. 122, “A Bill to authorize the recovery of damages where death is caused by the wrongful act or default of another,” with recommendation that it pass; and the bill was read the third time and passed with its title:

YEAS – Messrs. Phelps (President), Bechtol, Bunker, Carskadon, Farnsworth, Hawkins, Haymond, Hubbard, Mahon, Maxwell Rollyson, Slack, Steveson, and Young – 14.

NAYS – None.

Mr. Carskadon, from the Committee on Privileges and Elections, reported back House Bill No. 121, “A Bill to regulate elections by the people,” recommending its passage with the following amendments:

1. Strike out section 52 of eh engrossed bill.

2. Strike from section 63 of the engrossed bill, the words “with a view of inducing such voter to vote for any candidate or measure.”

Mr. Young, from the special committee to whom was recommitted Senate Bill No. 9, “A Bill concerning spirituous liquors,” reported a substitute therfor.

The amendments proposed by the committee, to House Bill No.121, “A Bill to regulate elections by the people” were adopted.

The bill was read by sections for amendment.

On motion of Mr. Stevenson, the bill was amended by inserting after the semicolon in the 4th line, the word “and;” striking from the 5th line the words “and a county treasurer for every county;” inserting in the 13th line after the word “recorder,” the words “county treasurer;” striking from the 54th line the word “shall,” and inserting in lieu thereof the word “may;” by inserting in lines 66 and 712, after the word “and” the word “may,” and after the word “also,” the words “give notice.”

On motion of Mr. Farnsworth, the following was added at the end of the 21st section, “provided that in case of the sickness or death of any one or more of the inspectors, their places may be supplied according to the provisions of the 16th section.

On motion of Mr. Hubbard, the following was prefixed to the 2d section: “In all counties that have been divided into townships.” And the following was added at the end of the same: “But until such division be made, the present election precincts or places of voting in counties not so divided, shall be retained.

On motion of Mr. Stevenson, the following was added at the end of section 47, “The sixth section of the act providing for and regulating township meetings and elections, passed September 25th, 1863, is hereby repealed so far as it is inconsistent with this act.”

On motion of Mr. Maxwell, the words “county treasurer” were inserted at the end of the 694th line, and the words “except prosecuting attorney” were inserted in the 714the line, after the word “officer.”

On motion of Mr. Bunker, The Senate took a recess.

3 o’clock, P.M.

Mr. Stevenson moved to insert in line 725, after the word “election,” the words “and clerk or writer,” and to strike from line 726 and 727 the words “and every clerk or writer one dollar for each day,” which was disagreed to.

On motion of Mr. Stevenson, the 725th line was amended by striking out the work “and” and inserting after the word “election” the words “clerk or writer;” and the words “one dollar and fifty cents for each day, and every clerk or writer” were stricken out of lines 726 and 727.

On motion of Mr. Farnsworth, the following was inserted after the semicolon in line 774, “or alter the vote of any voter, by marking out the name of any person desired to be voted for by such voter, or write the name or names of any other persons on the ballot other than the name directed by the voter, with the intention to deceive voter.”

On motion of Mr. Stevenson, the words “over the value of five dollars” was stricken from lines 800 and 801, and

On motion of Mr. Hubbard, the words “of value” were inserted in place thereof.

Mr. Maxwell moved to strike out the concluding sentence of the 62d section.

Mr. Farnsworth moved as a substitute to insert after the word “election” in said sentence, the words “at or near the place of voting,” which was disagreed to as was also the original amendment.

On motion of Mr. Stevenson, the words “or permit any person not a member of his own household to enter or visit the same,” were stricken from lines 817 and 818.

Mr. Farnsworth moved to strike from line 819 and 820 the words “and within one mile of the place of such election,” and from line 813 the words “within one mile thereof,” inserting in the last named line the words “in that county,” but the motion was lost.

On motion of Mr. Stevenson, lines 813 and 819 were amended by striking out the words “one mile” and inserting the words “two miles.”

Mr. Hubbard moved to add at the end of the 31st section the following: “The recorder shall carefully preserve in his office all poll books and ballots deposited therein, by virtue of this act, for at least five years from the times at which they were used or voted; after which time they may be destroyed, but the ballots shall be destroyed without opening the envelopes or sealed packages.”

On motion of Mr. Atkinson, the amendment was amended by striking out “five” and inserting “three,” and as amended was adopted.

On motion of Mr. Stevenson, the following was added at the end of the 7th section: “and at the time and places of holding the first township election in each county, there shall be elected by the voters thereof, a county treasurer for the unexpired term ending on the first day of January, eighteen hundred and sixty-five, to fill the vacancy now existing in the said office, which election shall be held, conducted and returned by the same persons and subject to the same regulations as the said first township election. So much of the 8th section of an act entitled “An Act defining in part, the powers and duties, and regulating the proceedings of the Boards of Supervisors in the several counties of the State,” passed November 2, 1863, is hereby repealed, as is inconsistent with this act.”

On motion of Mr. Bunker, the word “distillery” was inserted after the word “any” where it last occurs in line 815.

The bill was then read the third time and passed with its title:

YEAS – Messrs. Phelps (President), Atkinson, Bechtol, Bunker, Carskadon, Farnsworth, Hawkins, Hubbard, Mahon, Maxwell, Rollyson, Slack, Stevenson, and Young – 14.

NAYS – None.

On motion of Mr. Hubbard, the Senate adjourned.


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

West Virginia Archives and History