Extra Session, 1862
FRIDAY, JAN. 9, 1863.
Prayer by Rev. Mr. Fisher of the Presbyterian Church.
SENATE CHAMBER
January 9th, 1863.
The Senate on the 23d day of December, 1862, passed the House Bill No. 25, entitled "An Act for the relief of J. W. Stout, late commissioner of the Revenue for Pleasants county."
"SENATE CHAMBER,
Jan. 8, 1863.
The Senate has this day passed the House Bill No. 20, entitled "An Act concerning Stephen W. Downey," which is herewith returned."
"SENATE CHAMBER,
Jan. 8, 1863.
The Senate this day passed the following bill in which they ask the concurrence of the House of Delegates:
No. 46 Senate Bill "A Bill in relation to cotermnious coal lands west of the Blue Ridge mountains in Virginia."
Resolved, That the Senate will, with the consent, of the House, proceed by join vote, on Tuesday, the 13th day of January, 1863, to elect a Senator of the United States to supply the vacancy occurring on the fourth of March next by the expiration of the term of service of Waitman T. Willey, Esq.
The above Senate Bill No. 46, was read the first and second times and amended by inserting a commencing and enacting clause. On motion the commitments of the bill was dispensed with, and thereupon it was read and put upen its passage.
The Chairman of the Committee of Finance made the following report:
To the Honorable Speaker and Members of the House of Delegates:
The Committee on Finance to which was referred the enclosed communication from the Board of Public Works, asking an appropriation to pay a claim, alleged to be due to James G. West for work done on the Ohio and Maryland Turnpike beg leave to submit the following report:
The committee are of the opinion that services were rendered by Mr. West in the manner stated in the communication of the Board of Public Works. The amount due him; however, has never been ascertained difinetly by the Board; nor is there any evidence that the work done, has been approved and accepted by the Suprentendent of Roads. Under these circumstances the committee do not feel themselves justified in recommending an appropriation at the present time.
They recommend that steps be taken by the Board of Public Works to have the account adjusted and that it be paid out of any monies, that may be recovered in suits now pending or about to be instituted by the Board of Public Works against the Baltimore & Ohio Turnpike Road.
T. H. LOGAN,
Chairman Committee on Finance.
He also reported the following bill, which, on motion, was read the first time:
No. 48, "A Bill authorizing Messrs. Smith & Williams to sell goods in Jackson County."
Mr. Hooton presented a petition of sundry citizens of Preston County opposing the further extension of the stay law.
Mr. Vance presented a similar petition from Harrison County both of which were appropriately referred.
On motion of Mr. Williamson of Pleasants,
Resolved, That the committee of Privileges and Elections be instructed to enquire into the expediency of reporting a bill changing the place of voting in the second district in the county of Pleasants from the Pine Grove Meeting House to T.D. Gorrell's Store-house in Hebron.
On Motion of Mr. Parsons,
Resolved, That the Governor be requested to inform this House what efforts, if any, have been made for the release of Mr. Trout, Delegate from Hampshire County, and that General Kelly or some loyal officer be instructed to take and hold in close confinement some of the most prominent secesh citizens of Hampshire as hostages until said Trout is released.
On motion of Mr. Logan, all after "Hampshire County" was stricken out, and thereupon the resolution as amended was adopted.
On motion of Mr. Parsons,
Resolved, That the Committee on Courts of Justice be instructed to enquire into the expediency of reporting a bill authorizing the removal of the trial of Criminals from Tucker to Preston County for trial.
Mr. Bowyer presented the petition of D.S. Montague of Preston County praying to have refunded the sum of forty dollars ordinary license, which was referred to the Committee on Privileges and Grievances.
Mr. Snider presented a petition of sundry citizens of Monongalia County praying the extension of the stay law, which was referred.
Engrossed House Bill, No. 36, "A Bill amending an act, entitled "An Act to amend the eighth section of an act imposing taxes for support of the Government, passed April 3d, 1861," was taken up, and thereupon on motion the further consideration of the bill was passed by for the present.
Engrossed House Bill, No. 31, "A Bill to incorporate the Clarksburg Coal and Iron Company" was taken up, and thereupon, on motion it was laid on the table.
Engrossed House Bill No. 29, "A Bill entitled 'an act appropriating money for repairing the Morgan and Frederick Turnpike' " was taken up, and thereupon on motion it was laid on the table.
Engrossed House Bill No. 28, "A Bill making an appropriation for repairing and furnishing a part of the Buffalo and Leading Creek Turnpike Road" was taken up, and thereupon on motion it was laid on the table.
Engrossed House Bill No, 41, "A Bill for the relief of E. Moore, late Sheriff of Wetzel County, and his securities" was taken up, and thereupon on motion it was laid on the table.
Engrossed House Bill No. 40, "A Bill to authorize Charles H. Kimball, Trustee, to construct and maintain a Tram or Rail Road from Franklin Furnace to the Baltimore and Ohio Rail Road in the County of Preston" was taken up, and the question being on the passage of the bill, it was determined in the affirmative.
Engrossed House Bill No. 42, "A Bill changing the place of holding an election in the County of Jackson" was taken up, and the question being on the passage of the bill, it was determined in the affirmative.
Engrossed House Bill No. 37, "A Bill making an appropriation for the relief of the suffering and destitute inhabitants in certain counties" was taken up, and thereupon Mr. Williamson of Wirt moved to indefinitely postpone the further consideration of the bill when Mr. Myers demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:
YEAS----Messrs. Porter (Speaker,) Boreman, Bumgarner, Crothers, Davidson, Davis, Farnsworth, Fast, Hale, Hooton, Kramer, Logan, Myers, Powell, Parsons, Snyder, Swan, Vance, Wilson, Williamson of Pleasants, Williamson of Wirt, Zinn----22.
NAYS----Messrs Barker, Bowyer, Downey, Hawxhurst, Keeney, Michael, Kitchen, Patrick, Rollyson, Ruffner, Smith, West, Wheat, Wright, ----14.
The following bills on their first reading were taken up, read the first time and ordered to the second reading:
House Bill No. 44 "A Bill changing the place of holding the election in the county of Hardy."
House Bill No. 45, "A Bill establishing a place of voting in the County of Harrison."
House Bill No. 46, "A Bill appropriating the capitation tax for the year 1862 for educational purposes."
House Bill No. 47, "A Bill to repeal and reenact section second of an act to authorize the Trustees of Brooke Academy to transfer their property to the Meade Collegiate Institute and to authorize said Institute to retransfer the same property to the Trustees hereinafter appointed, passed Feb. 6, 1862."
House Bill No. 43, on its second reading heretofore laid on the table, "A Bill for the relief of Elisha Morgan, of the County of Wetzel from certain liabilities" was taken up, and thereupon Mr. Hooton offered a substitute for the bill, when Mr. Patrick moved to amend the amendment by striking out the preamble, and the question being on the amendment it was determined in the negative. The question being on the adoption of the substitute, it was determined in the affirmative, & thereupon the bill as amended was ordered to engrossment.
Mr. Patrick moved to take up the resolution of the Senate reported to day, and the question being put, it was determined in the negative.
Mr. Farnsworth presented a petition of sundry citizens of Preston County opposing the extension of the stay law.
Mr. West presented a similar petition from the citizens of Wetzel County, both of which were referred.
On motion of Mr. Farnsworth,
Resolved, That the Committee of Finance enquire into the expediency of reporting a bill making certain appropriations and transfers of the interest of the State in the Board of Public Works, Literary Fund, Bank Stocks with all other interests of the same within the bounds of the proposed State of West Virginia, to the said State of West Virginia, when the same shall become one of the States of the Union.
On motion of Mr. Crothers,
Resolved, That the Committee on Banks take into consideration the expediency of reporting a bill severing the connection of the North Western Bank of Virginia with its branches at Jeffersonville.
On motion of Mr. Bumgarner,
Resolved, That the appropriate committee be requested to enquire into the expediency of reporting a bill for the purpose of reassessing three hundred and sixty two acres of land in the County of Mason.
The Chairman of the Committee of Finance reported the following bill which was read the first time.
No. 49, "A Bill appropriating $ dollars to the Lunatic Asylum West of the Allegheny mountains."
Also, No. 50, "A Bill entitled an act to amend and re-enact Section 48 of Chapter 58 of the Code of 1860."
The Chairman of the Committee of Finance made the following report which was laid on the table.
The committee on Finance to which was referred the communication from the Board of Public Works setting forth the claims of James Musgrave against the Board, as assignee of one Edward Parrish, represented as a contractor on the Maryland Turnpike road, beg leave to submit the following report, viz: That by the terms of an act passed by the General Assembly March 5, 1858, the claim in question is to be paid by the Board of Public Works out of the money that may be recovered by said Board against the Baltimore & Ohio Railroad Company in a suit now pending or to be instituted in the Circuit Court of the County of Marion upon a contract heretofore entered into between the said Board and said Railroad Company in relation to the Maryland and Ohio Turnpike Road.
The committee therefore do not regard it expedient or necessary to legislate further on the subject.
T. H. LOGAN,
Chairman Committee on Finance.
On motion of Mr. Williamson of Wirt, the House adjourned.
Timeline of West Virginia: Civil War and Statehood: January 1863