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Timeline of West Virginia: Civil War and Statehood
November 23, 1863


Journal of the Senate

MONDAY, November 23, 1863.

After prayer by the Rev. J. B. Blakeney, the Journal was read and approved.

A message from the House of Delegates, by the Clerk, announced that the House insisted on its disagreement to the Senate’s amendments to House Bill No. 75, “A Bill to authorize the Kanawha Board to borrow money,” asked a committee of conference, and had appointed thereon, Messrs. Ruffner and Bowyer; that it had passed, and asked concurrence in House Bill No. 137, “A Bill relating to convicts,” and House Bill No. 131, “A Bill fixing the compensation, of the sergeant-at-arms of the House of Delegates;” that it had passed Senate Bill No. 41, “A Bill relating to the militia,” and that it had adopted the report of the committee of conference, in relation to Senate Bill No. 3, “A Bill providing for issuing grants for land in certain cases.”

The Senate agreed to the proposal for a committee of conference, and Mr. Stevenson was placed on that committee on the part of the Senate.

Mr. Maxwell, from the Committee on Courts of Justice and General Laws, reported back House Bill No. 133, “A Bill regulating contested elections,” recommending its passage with the following amendment:

Insert in section 11, after the words “Secretary of State,” the word “Treasurer.”

Mr. Brown, from the joint Special Committee on Claims made a further report, recommending an appropriation for the payment of $32,74, due J. M. McWhorter, or Roane county.

Mr. Brown offered the following resolution, which was laid over under the rule:

Resolved by the Legislature of West Virginia, That when the Legislature adjourn on Monday next, the 30th instant, it adjourn sine die.

The Senate resumed the consideration of House Bill No. 83, “A Bill concerning licenses,” and the amendment offered by Mr. Hawkins to the amendment of Mr. Hubbard pending, when the Senate last adjourned, was adopted.

Mr. Maxwell moved to substitute the following for the amendment, as amended:

Insert after the word “dentist,” the words “physician, or lawyer, unless he shall be invited into this State to attend a special case,” which was agreed to. The said substitute was then adopted as part of the bill.

Mr. Maxwell moved to strike from the 16th line of the 1st section the words “profession of dentist,” and insert “art of dentistry” which was disagreed to.

On motion of Mr. Farnsworth, the word “eighteen” was stricken from section 5, line 22, and the word “twenty-one” inserted in lieu thereof.

Mr. Young moved to insert after the word “years” in the same line, the words “or to any person in the habit of getting drunk,” but he motion failed.

Mr. Maxwell moved to insert after the word “any” in the 21st line of said section, the word “unmarried,” which was disagreed to.

On motion of Mr. Hubbard, the words “or who is known to have the habit of becoming intoxicated,” were inserted after the word “time” in the 21st line of the 5th section.

Mr. Bunker moved to strike from section 8 the words, “and whatever is done by one person in any one day, contrary to the provisions of this section, shall be deemed a distinct offense,” which was agreed to.

Mr. Farnsworth moved to add at the end of the 5th section, the following:

“All persons selling intoxicating liquors shall be held responsible for all damages that may be done by the person or parties to whom such liquor was sold, if such damages were occasioned by such persons when under the influence of such liquors, so sold,” pending which,

On motion of Mr. Hubbard, the Senate took a recess.

3 o’clock, P.M.

On the question pending at the hour of recess, Mr. Farnsworth demanded the yeas and nays, and the demand being sustained, the question was decided in the negative.

YEAS – Messrs. Carskadon, Farnsworth, Hawkins, and Rollyson – 4.

NAYS – Messrs. Phelps (President) Bechtol, Brown, Mahon, Maxwell and Stevenson – 6.

Mr. Farnsworth moved to add at the end of the 34th section, the oath contained in an act passed November 16, entitled “An Act to amend and re-enact the first section of an act entitled, ‘An Act concerning oaths and affirmations,’ passed June 26, 1863,” but the motion was disagreed to.

On motion of Mr. Brown, the words “this State and of the United States,” were stricken from the 34th section, and the words “the United States and the Constitution of this State,” inserted in place thereof.

On motion of Mr. Bunker, the 33d section was amended by striking out of the 6th line the word “or,” and inserting after the word “peace,” in the 7th line, the words “or of any person interested.”

The bill was then passed with its title:

YEAS – Messrs. Phelps (President), Bechtol, Brown, Bunker, Hawkins, Haymond, Hubbard, Mahon, Maxwell, Rollyson, and Stevenson – 11.

NAYS – Messrs. Carskadon, Farnsworth, Slack and Young – 4.

On motion of Mr. Brown, Mr. Burley was granted leave of absence.

Mr. Haymond moved to take up the report of the conference committee on Senate Hill No. 3, “A Bill providing for issuing grants for land in certain cases,” but the motion was disagreed to.

The report of the joint special Committee on Claims, made this morning, was taken up and adopted.

On motion of Mr. Stevenson,

House Bill No. 89, “A Bill to incorporate the Sandy Valley Coal Railway Company,” was taken up.

Upon the motion of Mr. Maxwell to strike out the 6th section of the bill, pending when the bill was tabled, Mr. Phelps (Mr. Carskadon in the Chair) demanded the yeas and nays, and they were ordered and taken:

YEAS – Messrs. Brown, Haymond, Hubbard, and Maxwell –4.

NAYS – Messrs. Phelps, (President,) Bechtol, Carskadon, Farnsworth, Hawkins, Mahon, Rollyson, Slack, Stevenson, and Young – 10.

So the motion failed.

On motion of Mr. Hubbard, the bill was amended by inserting after the word “stockholder,” in the 5th line, the words “whenever five thousand shares of the capital stock, as hereinafter provided, shall have been subscribed;” and by inserting after the word “organized,” in the 2d line of the 10th section, the words “within two years.”

Mr. Hubbard moved to strike out of the 3d line of the 6th section the word “fifty,” and insert “thirty” in lieu thereof, but the motion was disagreed to.

The bill was then passed with its title:

YEAS – Messrs. Phelps, (President,) Bechtol, Carskadon, Farnsworth, Hawkins, Haymond, Mahon, Rollyson, Slack, Stevenson, and Young – 11.

NAYS – Messrs Brown, Hubbard, and Maxwell – 3.

On motion of Mr. Slack, the Senate adjourned.


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

West Virginia Archives and History