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Debates and Proceedings
of the
First Constitutional Convention
of West Virginia

February 8, 1862

*The Convention met at the usual hour, and after prayer by the Rev. Mr. Powell, the journal was read and approved.

The Convention then resumed consideration of the report of the Committee on the Legislative Department, on second reading.

*Mr. Hervey moved to amend the 233rd line by adding at the end thereof the following: "but such extension shall not exceed thirty days."

Mr. Brown, of Kanawha, moved to substitute the following for the amendment of Mr. Hervey: strike out the word "three-fifths" and insert "three-fourths," and the question being upon the substitute it was decided in the affirmative.

Mr. Walker moved to strike out the word "three," in the 271st line, and insert "four," which was disagreed to - yeas 12, nays 32.

And, on motion of Mr. Powell, the vote was recorded as follows:

*See note Vol. II, page 219.

YEAS - Messrs. John Hall (President), Battelle, Cook, Haymond, Hervey, Hoback, Lamb, Parker, Robinson, Sinsel, Simmons, Walker - 12.

NAYS - Messrs. Brown of Preston, Brown of Kanawha, Brooks, Brumfield, Chapman, Carskadon, Dering, Dille, Dolly, Hansley, Harrison, Hubbs, Hagar, Irvine, Lauck, Montague, Mahon, McCutchen, O'Brien, Powell, Pomeroy, Ryan, Stevenson of Wood, Stephenson of Clay, Stewart of Wirt, Stuart of Doddridge, Sheets, Soper, Taylor, Van Winkle, Warder, Wilson - 32.

Mr. Van Winkle moved to strike out the word "three," in the 271st line, and insert "two."

Mr. Brown, of Preston, asked for a division of the question, and the question being first upon striking out, the yeas and nays were demanded, which demand being sustained, the motion was rejected - -yeas 11, nays 34.

And, on motion of Mr. Brown, of Preston, the vote was recorded as follows:

YEAS - Messrs. John Hall (President), Cook, Harrison, Hoback, Hagar, Ryan, Stephenson of Clay, Stuart of Doddridge, Van Winkle, Walker, Wilson - 11.

NAYS - Messrs. Brown of Preston, Brown of Kanawha, Brooks, Brumfield, Battelle, Chapman, Caldwell, Carskadon, Dering, Dille, Dolly, Hansley, Haymond, Hubbs, Hervey, Irvine, Lauck, Lamb, Montague, Mahon, McCutchen, O'Brien, Powell, Parker, Pomeroy, Robinson, Sinsel, Simmons, Stevenson of Wood, Stewart of Wirt, Sheets, Soper, Taylor, Warder - 34.

Mr. Irvine moved to amend the 284th line by inserting, after the word "object," the following: "unless the objects are so connected that they cannot be conveniently separated," and, after the word "which," the following: "object or objects."

Mr. Lamb moved to amend the amendment by striking out the whole of the 37th section, which motion was decided in the negative.

Mr. Brown, of Kanawha, moved to amend the amendment by substituting the following for the 37th section:

"But one object ought to be included in any legislative act, and that object ought to be stated in the title."

And the question being upon this substitute, it was rejected.

Mr. Irvine's amendment was then rejected.

Mr. Van Winkle moved to amend the 287th line by inserting, after the word "bill," the words "creating a debt, appropriating money, or repealing or altering a public act," which was disagreed to.

On motion of Mr. Van Winkle, the 45th section was transferred to the report of the Committee on Fundamental and General Provisions.

Mr. Van Winkle moved to strike out the first clause of the 46th section, which motion was rejected.

Mr. Dolly, moved to amend the 355th line by striking out "shall" and inserting "may," and the motion was adopted.

Mr. Stuart, of Doddridge, moved to strike out the 48th section, and the question being put the motion was agreed to.

Mr. Van Winkle moved to amend the 382nd line by striking out the word "three" and inserting "one."

Mr. Irvine moved to amend the amendment by inserting "two" instead of "one."

Mr. Lamb moved that the motion be divided; and the question being, first, upon striking out of the word "three," it was decided in the negative.

Mr. Brown, of Kanawha, moved to amend the 383d line by striking out the words "in every county in which a newspaper is printed," and insert the words "printed at the capital."

Mr. Dering moved to amend the amendment by inserting "printed in one newspaper in each senatorial district."

A division being called for, the question was first put upon striking out, which was decided in the negative.

Mr. Ryan moved to strike out the word "may," in the 398th line, and insert "shall," which was disagreed to.

Mr. Lamb moved to strike out the 51st section, which was rejected.

Mr. Van Winkle moved to amend the 411th line by striking out the words "except where the object cannot be attained under such general laws," and the question being put, was decided in the affirmative.

Mr. Lamb moved to strike out the words "the same," in the 416th line, and insert "such charter," which was agreed to.

And the question then recurring upon the adoption of the whole report of the Committee on the Legislative Department, as amended, it was determined in the affirmative.

Mr. Van Winkle then moved that the report of the Committee on Fundamental and General Provisions be printed, as amended, which was agreed to.

And, on motion of Mr. Van Winkle, the Convention adjourned.


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Chapter Eleven: First Constitutional Convention of West Virginia


A State of Convenience

West Virginia Archives and History