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Timeline of West Virginia: Civil War and Statehood
December 4, 1863


Journal of the Senate
277-282

FRIDAY, December 4, 1863.

The President being absent, on motion of Mr. Brown, Mr. Carskadon was elected President pro tempore.

The Journal was read and approved.

A message from the House of Delegates announced the passage of, and asked concurrence in House Bill No. 153, “A Bill providing for the appraisement of certain property; House Bill No. 152, “A Bill to provide for the relief of the families of soldiers; and House Bill No. 162, “A Bill confirming the election of George W. M. King; that it had agreed to the 1st, 2d, 4th and 5th, and disagreed to the 3d, 6th, 7th, 8th, 9th, 10th, 11th, 12th and 13th of the Senate’s amendments to House Bill No. 138, “A Bill prescribing taxes on licenses;” that it had adopted the report of the conference committee on House Bill No. 98, “A Bill provide for the assessment of taxes;” that it had agreed to the Senate’s amendments to 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 the following joint resolution and asked concurrence:

Resolved, by the Legislature of West Virginia, That the revisor of the Code be requested to prepare, as soon as practicable, forms for the justices and constables of the State, to be used by them in their official capacity, in both civil and criminal cases; and further, that when so prepared, the Clerk of the House of Delegates e authorized to have one thousand copies thereof printed in a form similar to the acts; five hundred of which he shall have bound with a like number of the acts already authorized to be printed and bound, which said five hundred copies of acts and forms bound together, or as many thereof as may be necessary, shall be distributed in the manner prescribed by law to the justices of the State; and the remaining five hundred copies of said forms shall be delivered and unbound to the Secretary of the State, and be by him distributed to such constables as may apply for them, in proportions of one copy to each constable in the state.

The Senate insisted upon its 3d, 7th, 11th, 12th and 13th, and receded from its 6th, 8th, 9th and 10th amendments tot eh fourth named bill.

On motion of Mr. Farnsworth, the said joint resolution was tabled.

Mr. Young presented a petition from members of the 3d regiment W. Va. cavalry, praying the passage of Senate Bill No. 9, and it was referred to the committee which originated that bill.

Mr. Maxwell, from the Committee on Courts of Justice and General Laws, reported back, with a recommendation that it do not pass, House Bill No. 140, “A Bill exempting certain real estate from distress and levy.”

Mr. Maxwell, from the same committee, reported back House Bill No. 139, “A Bill in relation to the Board of Directors for the West Virginia Hospital for the Insane,” with the following amendments, but no other recommendation.

1. At the end of the first section, add “and be invested with all the rights, powers and privileges conferred, and the subject to the rules, regulations and restrictions imposed by the 8th chapter of the Code of Virginia, second edition, so far as the same are applicable and not inconsistent with this act; provided, that any two or more of such directors may examine persons brought to the hospital as lunatic, and order those found to be such, to be revised.”

2. At the end of the last section add, “but the board of directors now in office, shall remain in office and continue to discharge the duties thereof, until the first day of January next.”

Mr. Brown, from the Committee on Finance and Claims, reported back House Bill No. 117, “A Bill for the support of the poor,” with a substitute therefor.

Mr. Atkinson, from the Committee on Education, reported back (House Bill No. 91, “A Bill providing for the establishment of a system of free schools,” with a substitute therefor, which was read the first time

On motion of Mr. Slack, the Senate took up his joint resolution and the substitute therefor, which were tabled on yesterday.

Mr. Maxwell, by consent, withdrew the said substitute.

Mr. Atkinson offered the following substitute for the resolution:

Whereas, considerable expenses have been incurred in organizing and sustaining while so organized, loyal citizens into companies, battalions and regiments for our own protection against invasion and rebellion, and also in supplying and defraying expenses for transporting and delivering arms and munitions of war for the use of the loyal citizens of our State; therefore,

Resolved, by the Legislature of West Virginia, That the Governor is requested to apply to the President of the United States, for relief from the fund appropriated by an act of Congress, passed July 31, 1861, entitled “An act making an appropriation to pay the expenses of transporting and delivering arms and munitions of war to the loyal citizens of the States of which the inhabitants now are, or hereafter may be in rebellion against the Government of the United States, and to provide for the expenses of organizing them into companies, battalions, regiments or otherwise, for their own protection against domestic violence, insurrection, invasion or rebellion.”

Mr. Phelps, (Mr. Carskadon in the chair,) moved to amend the said substitute by striking out “President” and inserting “Congress,” but the motion was lost.

The substitute was adopted, and the resolution, as amended, was agreed to.

Senate Bill No. 44, “A Bill fixing the compensation of the agent of the State for the distribution of vaccine matter,” was read the second time and ordered to be engrossed.

Mr. Slack, from the Committee on Courts of Justice and General laws reported back Senate Bill No. 43, “A Bill extending the stay law in Kanawha county,” with a recommendation that it pass.

On motion of Mr. Mahon, it was amended by adding thereto the following:

“Provided, however, that the provisions of said act and amendments shall be binding on the citizens of the above named county, of their assignees having claims or demands against citizens of the other counties of the State.”

On motion of Mr. Rollyson, the bill was ordered to be engrossed and laid on the table.

On motion of Mr. Atkinson, the case being urgent, and three-fourths of the members present consenting thereto, the rule was suspended for the purpose, and House Bill No. 91, “A Bill providing for the establishment of a system of free schools,” was read the second time, and ordered to be read the third time.

On motion of Mr. Carskadon, the bill was amended by striking out of section 3, where they twice occur, the words “or affirmation;”

On motion of Mr. Stevenson, the word “common,” was stricken out of sections 5 and 6, and wherever else it occurs in the bill before the word “schools,” and “free” inserted.

Mr. Haymond moved to insert after “board,” in section 7, (Art. 6,) the words “countersigned by the supervisor,” but eh motion was lost.

On motion of Mr. Brown, the words “taken to be,” were stricken out of section 10.

Mr. Maxwell moved to insert after the word “inhabitants,” section 11, the words “between the ages of six and twenty-one,” but the motion did not prevail.

A message from the House of Delegates, by Mr. Lamb, announced the passage of, and asked concurrence in House Bill No. 143, “A Bill to regulate the election and qualification of Justices and Constables, and to prescribe in part their powers and duties.”

A message from the House of Delegates, by Mr. McGrew, announced the passage of, and asked concurrence in House Bill No. 157, “A Bill making additional appropriations.”

And the hours of 12 ½ o’clock having arrived, the chair was vacated.

2 ½ o’clock, P.M.

The Senate resumed the consideration of the substitute for House Bill No. 91, “A Bill providing for the establishment of a system of free schools.”

Mr. Stevenson moved to amend section 35, (Art. 111), by striking out the words “No fee shall be charged for any professional certificate,” and inserting the words “for every professional certificate so granted, a fee of one dollar shall be charged, to be applied to the uses of free schools.”

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

On motion of Mr. Brown, the word “unmarried” was stricken out of section 38, where it twice occurs.

On motion of Mr. Brown, the words, “and country,” were stricken out of the 44th section, line 669.

On motion of Mr. Atkinson, the blank in the 44th section was filled with the words “not exceeding ten.”

On motion of Mr. Hubbard, the words “exposed to,” were stricken out of section 46, line 705, and the words “sold at” inserted.

On motion of Mr. Stevenson, the last sentence of section 47 was stricken out.

On motion of Mr. Brown, the 49th section was amended by striking out of the last line “eighty square rods,” and inserting “one acre.”

On motion of Mr. Brown, the words “or motion,” were inserted after “action,” where it twice occurs in the 56th section.

Mr. Atkinson moved that the following be added at the end of section 52, which was agreed to”

“The district composed of the city of Wheeling, and the parts of townships connected therewith, shall, as the next annual township election, elect a treasurer to take charge of all funds for school purposes, belonging to his district.”

The bill as amended by the substitute, was then read the third time, and passed with its title.

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

NAYS – None.

House Bill No. 143, “A Bill to regulate the election and qualification of Justices and Constables, and to prescribe in part their powers and duties,” was read the first time.

On motion of Mr. Maxwell, 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, and referred to the Committee on Courts of Justice and General Laws.

The Senate then adopted the amendments proposed by the committee, to House Bill No. 139, “A Bill in relation to the Board of Directors for the West Virginia Hospital for the Insane.”

Mr. Brown moved to amend the 4th line, by striking out “two,” and inserting “three,” bat the motion was disagreed to.

The bill was then read the third time, and rejected.

YEAS – Messrs. Phelps, (President,) Bechtol, Brown, Carskadon, Farnsworth, Hawkins, Mahon and Stevenson – 8.

NAYS – Messrs, Atkinson, Haymond, Hubbard, Maxwell, Rollyson and Young – 6.

The Senate adjourned.


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

West Virginia Archives and History