(Wheeling: 1863)
Monday, January 26, 1863.
Prayer by Rev. J. McClure, of the United Presbyterian Church.
The following communication was received from the Senate:
SENATE CHAMBER, January 24th, 1863.
The Senate has this day passed the following bill:
No. 32 House Bill "An Act providing for the amending and re-enacting an Act passed by the General Assembly on the 8th day of February, 1862, entitled "An Act staying the collection of certain debts," with the following amendment, in which they ask the concurrence of the House of Delegates:
First strike out the title and insert the following: "An Act staying the collection of certain debts." Second, strike out in the 3rd section the words "upon the demand of the creditor," and the words demand thereof," and insert after the word "after" the words "passage of this Act." Third, strike out the 4th section and insert the following:
"4. Be it further enacted, That in all cases where a lien has been acquired by judgment or decree before any Court or Justice of the Peace of this Commonwealth, or by any deed of trust, the creditor may proceed against the debtor and enforce the collection of his debt, inte rest and costs, in the same manner as if this Act had never been passed: Provided, however, that such creditor, his assignee, personal representative, agent, or attorney, shall first file with the Clerk or the Court of Justice of the Peace, as the case may be, and affidavit that the affiant believes that the debtor in such case intends to remove, or has removed his effects out of Peace, as the case may be, and affidavit that the affiant believes that the debtor in such case intends to remove, or has removed his effects out of the county where the judgment or decree was rendered, or that he is fraudulently removing or disposing of the same, so that it will not be forthcoming and liable to the payment of the judgment, decree, or deed of trust, as the case may be, at the expiration of this Act. But the debtor may contest the creditor's right to such proceedings, and upon a motion made by the debtor to quash the same upon the grounds that he was not removing, nor did intend so to remove his effects or fraudulently dispose of the same alleged by the creditor, the Court of Justice of Peace before whom such motion is made, shall, in determining such controversy, be governed by the same rules of law that they are now governed by determining cases of attachments."
Fourth strike out in the 5th section the words "liabilities on the part of. Fifth, add at the end of the 5th section the following: "provided, however, that the benefits of this Act, shall not extend to any person who shall after the passage thereof be engaged in levying war against the Government of the United States, or against the re-organized Government of Virginia, or giving aid and comfort to their enemies, and the judgment creditor may issue his execution and proceed to the collection of such judgment upon making affidavit before the Clerk of the Court wherein such judgment is recorded, or before the Justice by whom the judgment was rendered that such debtor is so engaged, which execution may be quashed at the instance of the defendant upon his showing that the allegations upon which it issued were untrue."
Sixth, strike out the 6th section and insert the following:
"6. This Act shall be in force until the first day of January 1864."
Mr. Ruffner moved that the bill and amendments be referred to the Committee for Courts of Justice, which he subsequently withdrew, and thereupon he moved to lay on the table, and the question being put, it was determined in the negative.
On motion of Mr. Wilson the first amendment of the Senate was concurred in.
The question being on concurring with the second amendment, Mr. Smith demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:
Yeas - Messrs. Boreman, Davis, Farnsworth, Hale, Keeney, Logan, Parsons, Vance and Wilson - 9.
Nays - Messrs. Barker, Bumgarner, Bowyer, Davidson, Downey, Fast, Hawxhurst, Hooton, Kramer, Michael, Miner, Myers, Powell, Patrick, Ratcliff, Smith, West, Wheat, Williamson of Pleasants, Wright and Zinn - 23.
The question being on concurring with the third amendment of the Senate, Mr. Davis demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:
Yeas - Messrs. Boreman, Davis, Farnsworth, Hale, Keeney, Logan, Vance and Wilson - 8.
Nays - Messrs. Barker, Bumgarner, Bowyer, Davidson, Downey, Fast, Hawxhurst, Hooton, Kramer, Michael, Miner, Myers, Parsons, Powell, Patrick, Ratcliff, Ruffner, Smith, Snider, West, Williamson of Pleasants, Wright and Zinn - 24.
The question being on the fourth amendment of the Senate, it was determined in the negative.
The question being on the fifth amendment of the Senate, Mr. Ruffner moved to amend after the word "Virginia" the words "adhering to," and strike out "or" and insert "and," and the question being put, it was determined in the affirmative.
The question being on the amendment of the Senate as amended, Mr. Smith demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:
Yeas - Messrs. Barker, Boreman, Bumgarner, Bowyer, Davidson, Downey, Farnsworth, Fast, Hooton, Hale, Kramer, Keeney, Logan, Michael, Miner, Myers, Powell, Parsons, Patrick, Ratcliff, Rollyson, Ruffner, Smith, Snider, West, Wheat, Williamson of Pleasants, Wright and Zinn - 29.
Nays - none.
The question being on the adoption of the sixth amendment of the Senate, it was determined in the affirmative.
The Chairman of the Committee of Finance reported the following bill, which was read the first time:
No. 98, "A Bill for the relief of James G. West."
On motion of Mr. Davis the report of the Committee of Finance heretofore made in reference to Isaac Baker was re-committed.
Mr. Logan offered the following joint resolution, which, on motion of Mr. Hooten, was laid on the table:
WHEREAS, by the report of the Committee on Public Printing it appears that A. S. Trowbridge, as Public Printer, is indebted to the State in the amount of four hundred and ten dollars, being for over-charge on work done by him as Public Printer; and whereas, public printing to which the said Trowbridge was entitled by law, was withheld from an officer or officers of the Government, thus depriving him of the revenue or profits therefrom; therefore
Be it resolved, The Senate concurring, that the Auditor be, and is hereby authorized and required to receive from the said A. S. Trowbridge the commissioners' books herein referred to, and the upon delivery of said books to the Auditor, the said Trowbridge is hereby discharged of his indebtedness to the State in the amount of four hundred and ten dollars aforesaid.
On motion of Mr. Kramner the pending business was passed by for the present, and House Bill No. 89 was taken up and made the order of the day for this day at 3 o'clock, P.M.
On motion of Mr. Williamson, of Pleasants, the pending business was further passed by, and be offered the following resolution, which was adopted.
Resolved, That the Committee for Courts of Justice inquire into the expediency of changing the present law so as to authorize Clerks of Courts to include in the taxation of costs in each suit an amount sufficient to pay a fair price for the publication of any legal notice in such suit.
Mr. Farnsworth moved to take up Senate Bill No. 12, and the question being put, it was determined in the negative.
No. 57 Engrossed House Bill was taken up, "An Act declaring the North Fork of Fishing Creek in the county of Wetzel a public highway."
No. 60 Engrossed House Bill, "An Act to amend and re-enact an Act entitled "An Act to incorporate the Bank of Guyandotte," passed March 2nd, 1854, was taken up, and the question being on the passaged of the bill, it was determined in the affirmative.
No. 61 Engrossed House Bill, "An Act defining the duties of the Public Printer, and the Printer to the Senate was taken up, pending the consideration of which, the hour for vacating the Chair having arrived, the House took a recess.
2 o'clock, P.M.
The House re-assembled.
The Chairman of the Committee for Courts of Justice reported the following bill:
No. 100, "A Bill to authorize the Auditor of Public Accounts to appoint Commissioners of the Revenue in certain cases."
No. 61 House Bill pending at the hours of recess was taken up, and the question being on the passage of the bill, it was determined in the affirmative.
No. 65 House Bill on its second reading, "A Bill for the relief of Wm. Dickinson, Jr., of the county of Kanawha" was taken up, and thereupon it was ordered to engrossment.
No. 67 House Bill on its second reading, "A Bill to incorporate the Citizens' Railway Company of the City of Wheeling was taken up, and thereupon Mr. Logan moved to amend by inserting after the word "road," in the 123rd line, the words "without first obtaining the consent of the corporations through which the said railway passes," and the question being put, it was determined in the affirmative.
Mr. Logan moved further to amend by offering the following as an additional section to be entitled the 11th section: "11. That no greater fare shall be charged upon the line of said road, east of the Ohio river, than ten (10) cents per passenger, and no greater fare on the line of said road passing over the bridges and island to the limits of the State of Virginia, than fifteen (15) cents per passenger, and the said railway company are hereby authorized and empowered to transport and carry to and from any and all points upon the line of said road, baggage, parcels and packages, at such rates as may be fixed by the Board of Directors of the Company," and the question being put, it was determined in the affirmative, and thereupon the bill was ordered to engrossment.
No. 69 House Bill, on its second reading, "A Bill to amend the re-enact the Act passed May 15, 1862, entitled, 'An Act to recognize the Kanawha Board,'" was taken up, and thereupon the bill was ordered to engrossment.
House Bill No. 70, on its second reading, "A Bill making an appropriation to rebuild a bridge over Stony river on the North Western Turnpike, in Hardy county," was taken up, and thereupon the bill was ordered to engrossment.
House Bill No. 50, on its second reading, "A Bill entitled 'An Act to amend and re-enact section 48 of chapter 58 of the Code of 1860,'" was taken up, and thereupon the bill was ordered to engrossment.
House Bill No. 54, on its second reading, "A Bill entitled 'An Act allowing certain claims out of any moneys derived from assessment of fines for the non-performance of military duty, under the order of the Governor by his proclamation of September 9, 1862,'" was taken up, and thereupon, Mr. Logan moved to amend by striking out in the fifth line, the words "now allowed by law," pending the consideration of which, the hour for the order of the day having arrived, House Bill No. 89, on its second reading, "A Bill to amend the 2d section of chapter 4 of the Code of Virginia, in relation to districting the State for Representatives in Congress," was taken up, and on motion of Mr. Miner, the word "Alexandria" was changed from its position in the 25th line, so as to make it the first word in the 24th line, and thereupon it was ordered to engrossment.
On motion, Mr. Ruffner was appointed to communicate to the Senate House Bill No. 32, with amendments.
The unfinished business, being House Bill No. 54, was taken up, and thereupon on motion of Mr. Kramer, the bill and amendments were passed by.
House Bill No. 58, on its second reading, "A Bill to legalize the appointment of Ferdinand Lewis, as administrator of the estate of Solomon Michael, Sr., of Hardy county, " was taken up, and thereupon it was ordered to engrossment.
House Bill No. 59, on its second reading, "A Bill giving the consent of the State of Virginia to the county of Berkeley being admitted into and becoming part of the State of West Virginia," was taken up, and thereupon, on motion of Mr. Hooton it was amended in the 18th line by inserting after the word "reasons" the words "for so doing," and the question being on the engrossment of the bill, it was determined in the affirmative.
House Bill No. 71, on its second reading, "A Bill for the relief of Jacob Stemple, of Preston county, Virginia," was taken up, and thereupon it was ordered to engrossment.
House Bill No. 74, on its second reading, "A Bill for the relief of George Fisher, Commissioner of the Revenue for Lewis county," was taken up, and thereupon the bill was ordered to engrossment. Mr. Zinn moved a reconsideration of the vote ordering the bill to engrossment, and the question being put, it was determined in the negative.
House Bill No. 80, on its second reading, "A Bill making appropriations to the proposed State of West Virginia when the same shall become one of the United States," was taken up, and thereupon the bill was ordered to engrossment.
House Bill No. 81, on its second reading, "A Bill authorizing the Governor to postpone the May elections for the year 1863," was taken up, and thereupon, Mr. Ruffner moved to amend in the second line by striking out after the work "shall" the words "make and," and the question being put, it was determined in the affirmative. Mr. Hooten move further to amend by striking out in the fourth line the work "six" and inserting the word "four," and thereupon, Mr. Davidson moved to amend the amendment by inserting the words "not exceeding four months," and the question being put, it was determined in the negative. The question being on the amendment, Mr. Wheat moved to amend the amendment by inserting the words "until the fourth Thursday of October," and the question being on the amendment as amended it was determined in the affirmative, and thereupon it was ordered to engrossment.
House Bill No. 82, on its second reading, "A Bill in reference to the troops raised within the boundaries of the proposed State of West Virginia," was taken up, and thereupon the bill was ordered to engrossment.
House Bill No. 83, on its second reading, "A Bill allowing mileage to the Delegates of the Convention," was taken up, and thereupon on motion of Mr. Logan, it was amended in the third line by striking out the word "Legislature" and inserting the words "General Assembly." He further moved to amend by striking out the work "same" in the second line, which he subsequently withdrew.
Mr. Ruffner moved further to amend in the second line after the word "mileage" by inserting the words "as is," and thereupon, Mr. Hooton moved to indefinitely postpone. Mr. Kramer demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:
Yeas - Messrs. Crothers, Davis, Fast, Hawxhurst, Kramer, Miner, Smith, and Snider - 8.
Nays - Messrs. Porter (Speaker) Barker, Boreman, Bumgarner, Bowyer, Davidson, Farnsworth, Hooton, Hale, Keeney, Michael, Myers, Kitchen, Parsons, Patrick, Ruffner, Swan, West, Wheat, and Wright - 21.
The question being on the amendment of Mr. Ruffner, it was determined in the affirmative.
Mr. Boreman moved to lay the bill on the table, and thereupon Mr. Davis demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:
Yeas - Messrs. Davis, Fast, Hawxhurst, Hooton, Kramer, Miner, and Smith - 7.
Nays - Messrs. Porter (Speaker), Barker, Boreman, Bumgarner, Bowyer, Crothers, Davidson, Farnsworth, Hale, Keeney, Michael, Myers, Kitchen, Parsons, Patrick, Ruffner, Snider, Swan, West, Wheat, Williamson of Pleasants, Wright and Zinn - 23.
Mr. Crothers moved that the name of "George B. Dunton," and "A. McGinnis" be stricken from the roll for non-attendance during the session. Thereupon Mr. Davidson moved to indefinitely postpone, and the question being put, it was determined in the negative. The question being on striking the said names from the roll, Mr. Davidson moved to lay on the table, and thereupon Mr. Kramer moved the previous question, which was seconded, when on motion of Mr. Davis, the House adjourned.
Timeline of West Virginia: Civil War and Statehood: January 1863