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Timeline of West Virginia: Civil War and Statehood
November 25, 1863


Journal of the Senate

WEDNESDAY, November 25, 1863.

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

A message from the House of Delegates, by the Clerk, announced that it had adopted the resolution relative to an adjournment, with an amendment, substituting “Tuesday, the 8th of December” for “Thursday, the 3d December,”

On motion of Mr. Bunker, the Senate agreed to said amendment.

Mr. Brown, from the Committee on Finance and Claims, reported back House Bill No. 137, “A Bill relating to convicts,” recommending its passage, and it was read the third time and passed with its title:

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

NAYS – Mr. Bunker – 1.

Mr. Brown, from the committee of conference on House Bill No. 98, “A Bill to provide for the assessment of taxes,” made a report, recommending that the House of Delegates recede from its disagreement to the 3d, 5th, 10th and 11th amendments, and that the Senate recede from the vote by which it insists on its 4th, 9th and 13th amendments.

Mr. Stevenson, from the committee of conference on House Bill No. 75, “A Bill to authorize the Kanawha Board to borrow money,” made report, recommending that both Houses agree to strike from line 8 (engrossed bill) the word “moveable,” and insert after the word “and,” in line 10, the words “pledge the moveable property and tolls for,”

The Senate then resumed the consideration of House Bill No. 127, “A Bill providing for the construction and repair of roads and bridges.”

On motion of Mr. Farnsworth, the following was inserted after the word “roads,” in line 182: “shall open and make all new roads established by the county courts and not made, as well as all roads that may be hereafter located under the provisions of this act. They shall.”

Mr. Stevenson moved to amend the 28th section by inserting after the word “roads,” in line 212, the words “that have been heretofore established in pursuance of law,” and by striking out of line 213 the words “heretofore established in pursuance of law,” and by inserting in the same line the word “are” after the word “and,” but the motion failed.

Mr. Bunker moved to strike out of line 184 the word “warn” and insert the word “notify,” which was disagreed to.

Mr. Carskadon moved to amend the 28th section by striking out the words “and now in use.”

Mr. Farnsworth moved, as a substitute, to strike out the whole section, which was disagreed to, as was also the original amendment.

On motion of Mr. Bunker, the 33d section was amended by striking out of lines 252 and 253 the words “payable to the supervisor of the township,” and by striking out of lines 259 and 260 the words “in the name of the supervisor of his township.”

Mr. Brown offered the following as a substitute for the 32d section:

“Not less than forty feet of land, in width, shall be condemned for a public road, but in establishing of such road the Board of Supervisors may direct that the road may be constructed of less width than forty feet, and no bridge shall be less than twelve feet wide, and the Board may order a public road, adjoining a town or village, to be therefore wider for a distance of one-half mile, but in no case to exceed sixty feet in width.”

The substitute, on motion of Mr. Stevenson, was amended by striking out “forty,” where it twice occurs, and inserting “thirty,” and amended, was adopted.

On motion of Mr. Hawkins, the words “and fifty cents” were stricken from lines 284 and 285.

Mr. Haymond moved to amend the 32d section by adding thereto the following: “Provided that the grade of any road hereafter established shall not exceed an elevation of five degrees.”

Mr. Stevenson moved to amend the amendment by adding thereto the words “except in cases where, in the opinion of the viewers, it is impracticable,” which was disagreed to, and the original amendment was adopted.

The 2d amendment proposed by the committee was then rejected.

On motion of Mr. Bunker, the 34th section was stricken out.

On motion of Mr. Maxwell, the following was inserted after the word “executed,” in line 60: “if the application is to vacate a road, the board, on the report of the viewers and other evidence, if any is offered, may vacate such road; taking care in every case of an established post road not to vacate the same until another has been established.”

Mr. Maxwell moved to amend the 12th section by striking out of line 89 the words “or vacated;” inserting “or” before “altered,” in the same line, and by adding at the end of said section the words “When any road is altered, it shall be vacated to the extent of such alteration and nor further;” all of which was agreed to.

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

On motion of Mr. Young.

Resolved,>/i> That when the Senate adjourn to-day, it adjourn to meet on Friday, Nov. 27, at 9 o’clock, A.M., and that the members of the Senate observe Thursday, Nov. 26, as a day set apart, by proclamation of the President of the United States, to be kept as a national thanksgiving day.

Mr. Young, presented a petition from officers and soldiers of the 12th Regiment of West Virginia Volunteers, praying the passage of an act prohibiting the manufacturing and sale of intoxicating liquors, which was referred to the special committee on that subject.

House Bill No. 133, “A Bill regulating contested elections,” was taken up, and the amendment proposed thereto by the committee was adopted.

On motion of Mr. Maxwell, the word “court” was inserted after the word “circuit” in section 13 line 3.

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

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

NAYS – None.

House Bill No. 131, “A Bill fixing the compensation of the Sergeant-at-Arms of the House of Delegates” was read the second time and referred to the Committee on Finance and Claims.

House Bill No. 142, “A Bill concerning superintendents and commissioners of schools, and the distribution of the capitation tax for 1861, 1862 and 1863,” was read the second time and referred to the Committee on Education.

And the hour for the vacation of the Chair having arrived, the Senate took a recess.

2 1/2 o’clock, P.M.

A message from the House of Delegates, by the Clerk, announced that it had passed, and asked concurrence in, House Bill No. 139, “A Bill in relation to the Board of Directors for the West Virginia Hospital for the Insane.”

Said bill was read the first time.

On motion of Mr. Bunker,

House Bill No. 127, “A Bill providing for the construction and repair of roads and bridges,” was taken up.

On motion of Mr. Bunker, the following was inserted in lieu of the 34th section, stricken out this morning:

“Any person who shall kill a tree and leave it standing within the distance of fifty feet from the road, or who shall willfully, without lawful authority, break down, destroy or injure any bridge, bench or log placed across a stream for the accommodation of travelers, or obstruct any road, or any ditch made for the purpose of draining any such road, shall be punished by fine at the discretion of a jury.

Mr. Stevenson moved to strike out the 2d section all after the end of line 18, which was agreed to.

On motion of Mr. Maxwell, the following was added at the end of section 42:

“If the board of supervisors of any county, upon being required to do so, shall fail to appoint commissioners, or if either board of supervisors shall fail in any respect to do on its part what should be done towards the work, the remedy by mandamus shall lie before the circuit court of the county whose board of supervisors is complained of, on behalf of the board of supervisors of the other, county. And the circuit court shall compel the board of supervisors complained of to do what ought to be done in the matter.”

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

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


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

West Virginia Archives and History