of the State of West Virginia
(Wheeling: John F. M'Dermot, Public Printer, 1863)
Tuesday, July 14th, 1863
The Journal was read and approved.
A message from the House of Delegates, by the Clerk, stated that the House had passed, and asked concurrence in,
House Bill No. 25, "A Bill to provide for the appointment and qualifications of deputy sheriffs, recorder and clerks."
Mr. McCann, from the committee on Internal Improvements and Navigation, to whom the same was referred, reported back the following bill, and recommended its passage:
Senate Bill No 1, "A Bill to provide Commissioners of Immigration."
The bill was taken up.
Mr. Maxwell moved to amend the same by striking out the 8th section.
Mr. Young offered to amend the said motion by striking out the 8th section, and inserting the following:
"That for every immigrant who shall become a permanent resident of the State of West Virginia, through the influence of any commissioner, the said commissioner shall be paid an amount out of the Treasury equal to the amount of taxes paid into the treasury by said immigrant the first year of his residence.
But the amendment as well as the original motion was lost.
The bill was then ordered to be engrossed and read the third time.
On motion of Mr. Maxwell,
Senate Bill No. 2, "A Bill regulating proceedings in criminal cases," was taken up, and the 19th section amended by striking out the word "white," and the words "or a free negro charged with felonies homicide or any offence punishable with death."
On motion of Mr. Burley, the 21st section was amended by adding at the end thereof, the words "which have not already been paid."
On motion of Mr. Brown, the words "by the accused" were inserted after the word "payment" in the 20th section.
On motion of Mr. Bowen, the 15th section was amended by adding at the end thereof, the words, "and also for him, if he desire it."
The bill was then ordered to be engrossed and read the third time.
Mr. Maxwell, from the committee on Courts of Justice and General Laws, reported back the following bills:
House Bill No. 16, "A Bill to regulate criminal proceedings against negroes," with a recommendation that it pass.
House Bill No. 18, "A Bill to prescribe the term for holding rules in the Clerk's office of the Circuit Court of Ohio county, " with a recommendation that it do not pass.
House Bill No. 19, "A Bill to regulate the recovery of claims where the State is a party interested," with a recommendation that it pass.
Mr. Stevenson, from the committee on Townships, &c., reported the following bill:
Senate Bill No. 5, "A Bill relating to townships and township officers."
On motion of Mr. Farnsworth,
WHEREAS, it is highly necessary that this State should have a complete Code of laws without having to refer to other Codes, Therefore,
Resolved, That the committee on Courts of Justice consider the propriety of reporting a bill providing hereafter, that in all bill or laws that may be passed and repealing and amending parts of former laws, that the law so amended shall be written out in full.
Mr. Bunker offered the following resolution:
Resolved, That with the consent of the House, a committee of two from the House and one from the House and one from the Senate, shall be appointed to inquire into and report the progress made in construction of the Lunatic Asylum at Weston; how soon the same or any part thereof, will be ready for use or occupancy; the character of the work done; the amount already expended in the construction of said Asylum: what balance (if any) of the appropriations heretofore made is unexpended. If t he committee cannot otherwise procure the information desired, it is hereby to go to Weston, and inspect said work, and examine the accounts and vouchers of expenditures.
On motion of Mr. Bunker, the rule was suspended for the purpose of taking up said resolution.
Mr. Farnsworth moved to amend the resolution so as to require the building committee of said facts to the Legislature, but the motion was lost.
Mr. Rollyson moved that the resolution be laid on the table, which was disagreed to.
The resolution was then adopted.
Ordered, t he Mr. Bunker inform in the House of Delegates thereof, and ask their concurrence.
On motion of Mr. Bunker,
Senate Bill No. 4, "A Bill to provide for the appointment of a Quartermaster General and prescribing in part, his duties," was taken up, and read the second time.
It was then read by sections for amendment.
On motion of Mr. Maxwell, the first section was amended by adding at the end thereof, the following, "with the rank of a Colonel of Infantry, by brevet."
The word "giving" in the 5th line, was changed to "give."
On motion of Mr. Burley, "1200" was stricken out of the 24th line, and "one thousand" inserted.
Mr. Rollyson moved that the words "during the continuance of the rebellion and for six month thereafter," be inserted after the words "per annum," which was lost.
On motion of Mr. Stevenson, the words, "his term of office shall be two years, unless the office be sooner abolished." was added at the end of the first section.
On motion of Mr. Bunker, the following additional section to said bill, was adopted:
"Before entering upon the duties of his office, said officer shall execute a bond, to be approved by the Governor, in the penalty of ten thousand dollars, with sufficient securities, and said bond shall be filed in the office of the Secretary of State."
The bill was then ordered to be engrossed and read the third time.
On motion of Mr. Maxwell, the Senate took a recess until three o'clock, P.M.
3 o'clock, P.M.
On motion of Mr. Bunker the rule was suspended for the purpose, and Senate Bill No. 4, "A Bill to provide for the appointment of a Quartermaster General, and prescribing, in part, his duties, "was taken up, and having been engrossed, it was read the third time and passed with its title:
Yeas:Messrs. Phelps, (President,) Atkinson, Bechtol, Bowen, Brown, Bunker, Burley, Carskadon, Farnsworth, Hawkins, Haymond, Mahon, Maxwell, McCann, Rollyson, Stevenson, and Young:17. Nays:None.
Ordered, That the clerk inform the House of Delegates thereof, and ask their concurrence.
On motion of Mr. McCann,
Senate Bill No. 5, "A Bill in relation to townships and township officers," was read the first time, laid on the table and ordered to be printed.
On motion of Mr. Maxwell, the following bills were taken up, and each read the first time:
House Bill No. 16, "A Bill to prescribe the manner in which money may be paid into the Treasury of the State."
House Bill No. 20, "A Bill to authorize the payment of outstanding claims for the tuition of indigent children."
House Bill No. 21, "A Bill defining the jurisdiction and powers of the Supreme Court of Appeals and the judges thereof."
House Bill No. 22, "A Bill to prevent the encouragement of invasions and insurrections."
House Bill No. 23, "A Bill to provide seals for the several courts and recorders."
House Bill No. 24, "A Bill for the relief of Milton Wells."
House Bill No. 26, "A Bill to provide for the appointment and qualification of deputy sheriffs, recorders and clerks."
On motion of Mr. Maxwell,
House Bill No. 16, "A Bill to regulate criminal proceedings against negroes." Was taken up, read the third time, and passed with its title:
Yeas:Messrs. Phelps (President) Atkinson, Bechtol, Bowen, Brown, Bunker, Burley, Carskadon, Copley, Farnsworth, Hawkins, Mahon, Maxwell, McCann, Rollyson, Stevenson and Young:17.
Nays - Mr. Haymond:1.
Ordered, That the clerk inform the House of Delegates thereof.
On motion of Maxwell,
House Bill No. 18, "A Bill to prescribe the time for holding rules in the clerk's office of the circuit for Ohio county, " was taken up and read the third time.
It was rejected by the following vote:
Yeas:Mr. Haymond:1.
Nays:Messrs. Phelps, (President,) Atkinson, Bechtol, Bowen, Bunker, Burley, Carskadon, Copley, Farnsworth, Hawkins, Mahon, Maxwell, McCann, Rollyson, Stevenson, and Young:17.
Ordered, That the clerk inform the House of Delegates thereof.
On motion of Mr. Fransworth,
House Bill No. 19, "A Bill to regulate the recovery of claims where the State is a party interested," was taken up, and recommitted to the Committee on Courts of Justice and General Laws, with instructions to report a bill upon the same subject, embodying in full the sections from the code, with the changes necessary.
On motion of Mr. Mahon, the Senate adjourned.
Timeline of West Virginia: Civil War and Statehood: July 1863