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Timeline of West Virginia: Civil War and Statehood
November 24, 1863


Journal of the Senate

TUESDAY, November 24, 1863.

Prayer by Rev. J. B. Blakeney.

Journal read and approved.

Mr. Farnsworth was granted leave to change his vote on House Bill No. 83, “A Bill concerning licenses,” passed yesterday, and he voted in the affirmative under the following protest:

“I desire to explain my vote on the bill now before the Senate, and enter my protest against that part of the bill which permits liquor-sellers to take out license without requiring them to take the oath is required to be taken by every person elected to any office before exercising the duties of the same. I am opposed to that part of the bill which will grant such peculiar rights had privileges to persons who are disloyal and opposed to the government of which they ask those privileges. I claim that it is right upon principle that all such persons should be required to take that oath, which will bring them up to the great touch-stone of loyalty, that no one should be permitted, who has bitterness in his heart against the government, to drench the land with intoxicating liquors, regardless of the morals of the people or the good of society. And as the Senate has just refused to adopt the amendment offered by myself, requiring all such persons to take the oath alluded to, I, therefore, enter this protest, whilst I support, by my vote, the other provisions of the bill.

D.D.T. Farnsworth.

A message from the House of Delegates, by the Clerk, announced that it had adopted the second report of the Committee on Civil Claims; that it had insisted on its disagreement on the 3d, 4th, 5th, 9th, 10th, 11th, and 13th amendments of the Senate to House Bill No. 98, “A Bill to provide for the assessment of taxes,” and asked a committee of conference, appointing thereon Messrs. McGraw, Lamb, and Wright; that it had passed and asked concurrence in House Bill No. 142, “A Bill concerning superintendents and commissioners of schools and the distribution of the capitation tax for 1861, 1862 and 1863,” and that it had adopted and asked concurrence in the following joint resolution:

Resolved by the Legislature of West Virginia, That the Auditor of the State be directed to prepare assessor’s books, with proper headings, and forward them in due time to the assessors of the revenue, with instructions to them to proceed with the assessment of the land and property, leaving out the amount of tax to be charged until the Legislature shall determine the rate of taxation.”

Said resolution was concurred in.

On motion of Mr. Brown, the Senate agreed to the proposal for a committee of conference on House Bill No. 98, and Messrs. Brown and Farnsworth were appointed thereon on the part of the Senate.

On motion of Mr. Brown, the joint resolution relative to final adjournment, offered by him yesterday, was taken up.

Mr. Hubbard moved to amend by substituting the “3d of December” for the “30th instant,” in said resolution.

Mr. Stevenson moved to substitute the “10th of December,” but the amendment offered by Mr. Hubbard prevailed.

The resolution, as amended, was then adopted.

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

On motion of Mr. Stevenson, the joint resolution providing for the appointment of commissioners to examine locations suitable for a permanent capital, was taken from the table and adopted.

On motion of Mr. Young.

Resolved, That the Committee on Finance and Claims inquire into the expediency of passing an act appropriating one hundred dollars to each loyal newspaper published in West Virginia for publishing the laws enacted during the present session; provided, however, that no newspaper shall receive the money so appropriated until such newspaper has published all the aforesaid laws.

On motion of Mr. Stevenson,

Resolved, That after to-day the Senate meet at nine o’clock, A.M., and that the President each day vacate the Chair from 12 1/2 until 2 1/2 o’clock, P.M.

On motion of Mr. Maxwell, the report of the committee of conference on Senate Bill No. 3, “A Bill providing for issuing grants for land in certain cases,” was taken up, and, on motion of the same, the Senate requested a new committee of conference on said bill.

The President appointed thereon on the part of the Senate, Messrs. Maxwell and Slack.

House Bill No. 137, “A Bill relating to convicts” was read the first time, and on motion of Mr. Hubbard, the case being urgent and three fourths of the members present consenting thereto, the rule was suspended for the purpose, and said bill was read the second time this day, and referred to the Committee on Finance and Claims.

House Bill No. 131, “A Bill fixing the compensation of the sergeant-at-arms of the House of Delegates,” and House Bill No. 142, “A Bill concerning superintendents and commissioners of schools, and the distribution of the capitation tax for 1861, 1862, and 1863,” were each read the first time.

House Bill No. 127, “A Bill providing for the construction and repair of roads and bridges,” on its third reading was taken up, and the 1st, 2d, 3d, 4th, 5th, 6th, and 8th of the amendments proposed by the committee were adopted.

On motion of Mr. Stevenson, the 7th was rejected.

The bill was ordered to be read by sections.

On motion of Mr. Maxwell, the 1st section was amended by striking out all after the word “works” in line 1, to the word “shall” in line 4, and by striking the word “such” from line 5.

Mr. Stevenson moved to strike out of the 1st section all after the end of line 11, but the motion failed.

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

3 o’clock, P.M.

On motion of Mr. Stevenson, the bill under consideration was amended by striking out of section 5, line 36, “a competent surveyor,” and inserting in place thereof the words “three or more viewers.”

On motion of Mr. Maxwell, the following was inserted after “proposed,” in line 40.

“And especially whether any yard, garden, orchard, or any part thereof will in such case have to be taken.”

Mr. Stevenson moved to insert after the word “report” in line 52, the words “They may employ a surveyor if they deem it necessary,” which was agreed to.

On motion of Mr. Maxwell, the 8th section was amended by inserting after the word “executed” in line 60, the words “if the application be to establish or alter a road.”

On motion of the same, the words “the judge of” were stricken from the 67th line.

On motion of Mr. Stevenson, the words “five or more” were stricken from line 69, and the word “twelve” inserted in place thereof.

Mr. Maxwell moved to strike out of the 10th section, all after the work “ascertain,” to the work “beyond” in line 78, and to insert in lieu thereof, the words “what will be a just compensation to each proprietor and tenant so named for the lands proposed to be taken and for the damage to the residue of his tract,” and the motion prevailed.

On motion of Mr. Maxwell, the 12th section was amended by striking out of line 86, the words “the judge of,” and by striking out of the same line the word “he,” and inserting the word “it.”

Mr. Carskadon moved to insert after the word “days” in line 99, the words “each viewer and,” and to strike out of line 102, the word “him,” and insert in lieu thereof the work “each,” but the motion was lost.

On motion of Mr. Bunker, the word “eighteen” was submitted for the word “twenty-one,” in line 104.

On motion of Mr. Stevenson, the work “surveyor” was stricken out of line 128, and the words “Board of Supervisors” inserted in lieu thereof.

Mr. Hubbard moved to strike out the 15th, 16th, 17th and 18th sections, and on his motion demanded the yeas and nays, and the demand being sustained, they were taken and the motion was lost.

YEAS – Messrs. Phelps (President,) Bechtol, Brown, Hubbard,and Mahon – 5.

NAYS – Messrs. Bunker, Carskadon, Farnsworth, Hawkins, Haymond, Maxwell, Rollyson, Slack, Stevenson, and Young – 10.

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


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

West Virginia Archives and History