*The Convention met pursuant to adjournment, and was opened with prayer by Rev. Mr. Battelle, member of the Convention.
*See note Vol. II, page 219.
The journal of yesterday was read and approved. Mr. Lamb, chairman of the Committee on Revision and Engrossment, stated that he was instructed to report that the blank in the 2nd section of the schedule to the Constitution be filled by inserting the following names: John Hall, James W. Paxton, Elbert H. Caldwell, P. G. Van Winkle and Ephraim B. Hall, which report was adopted.
Mr. Lamb, by instruction of said committee, submitted the following resolution:
"Resolved, That the balance of the appropriation made by the legislature to cover the expenditures of this Convention if any, be and the same is hereby placed at the disposal of the President to defray such expenses as may be incurred by the commissioners appointed by the schedule, in submitting the Constitution to the people, to the legislature and to Congress."
And the question being upon the adoption of the resolution, it was decided in the affirmative.
Mr. Lamb, by instruction of said committee, offered the following resolutions:
"Resolved, That when the Convention adjourns today, it adjourn subject to the provisions of the eleventh section of the schedule.
"Resolved, That if the Convention be again convened the commissioners take the necessary steps to secure a representation therein from the counties proposed to be included in the new State not at present represented, and to fill any vacancies which may occur."
Mr. Hall of Marion offered the following substitute for said resolutions:
"Resolved, That the 11th section of the schedule be stricken out, and that when this Convention adjourn today, it do adjourn sine die."
And upon this substitute the yeas and nays were demanded, which demand being sustained, it was decided in the negative.
YEAS - Messrs. Brown of Preston, Brown of Kanawha, Carskadon, Cook, Dering, Dille, Hall of Marion, Haymond, Harrison, Hagar, Hoback, McCutchen, Simmons, Stephenson of Clay, Stuart of Doddridge, Taylor, Warder - 17.
NAYS - Messrs. John Hall (President), Brooks, Brumfield, Battelle, Chapman, Caldwell, Dolly, Hansley, Hubbs, Hervey, Irvine, Lamb, Lauck, Montague, Mahon, O'Brien, Parsons, Pomeroy, Robinson, Ryan, Sinsel, Stevenson of Wood, Stewart of Wirt, Soper, Trainer, Van Winkle, Walker, Wilson - 28.
The resolutions of Mr. Lamb were then adopted, and the second one ordered to be inserted at the end of the 11th section of the schedule.
Mr. Lamb, by instruction of said committee, offered the following resolutions:
"Resolved, That the Constitution, as submitted by the Committee of Revision and Engrossment, and amended by this Convention, be adopted, and submitted, according to the schedule, to the voters within the proposed boundaries of the State of West Virginia, for adoption or rejection.
"Resolved, That a copy of the Constitution and schedule, authenticated by the signature of the President, and attested by the Secretary, be subjoined to the journal."
And the question being upon the adoption of the resolutions the vote was recorded as follows:
YEAS - Messrs. Brown of Preston, Brown of Kanawha, Brooks, Brumfield, Battelle, Chapman, Caldwell, Carskadon, Cook, Dering, Dolly, Dille, Hansley, Hall, Haymond, Harrison, Hubbs, Hervey, Hagar, Hoback, Irvine, Lamb, Lauck, Montague, McCutchen, Mahon, O'Brien, Parsons, Powell, Parker, Pomeroy, Robinson, Ruffner, Ryan, Sinsel, Simmons, Stevenson of Wood, Stephenson of Clay, Stewart of Wirt, Stuart of Doddridge, Sheets, Soper, Smith, Taylor, Trainer, Van Winkle, Warder, Wilson, John Hall, (President) - 49.
NAYS - 0.
On motion of Mr. Stevenson of Wood, the following resolution was adopted:
"Resolved, That the bound copies of the journal of the proceedings of this Convention, be left in possession of the commissioners appointed by it, to be distributed by them as follows: One copy to each member of the Convention, and the remaining volumes in such manner as they may deem proper."
On motion of Mr. Brown of Preston, the following resolution was unanimously adopted:
"Resolved, That the thanks of this Convention are hereby tendered to the President for the able, courteous and impartial manner in which he has presided over their deliberations."
On motion of Mr. Brown of Kanawha, the following resolution was unanimously adopted:
"Resolved, That the promptness and correctness of the Secretary in the discharge of his complicated duties has met the approbation of the Convention, and is entitled to this official acknowledgment."
On motion of Mr. Dering, the following resolution was unanimously adopted:
"Resolved, That the thanks of this Convention are due to the reporters of the proceedings of this body, for the faithful and impartial manner in which they have reported the proceedings of this Convention."
On motion of Mr. Stuart of Doddridge, the following resolution was adopted:
"Resolved, That the thanks of the Convention are justly due, and are hereby presented to the sergeant-at- arms, pages and other officers of this Convention for the prompt and efficient discharge of their respective duties."
On motion of Mr. Soper, the following resolution was unanimously adopted:
"Resolved, That the clergy of the city of Wheeling and vicinity, who have opened the sessions of the Convention with prayer are hereby tendered the sincere and grateful acknowledgments of the members."
On motion of Mr. Powell, the following resolution was unanimously adopted:
"Resolved, That the thanks of this Convention are due to the citizens of this city for their hospitality shown to the members of this Convention."
On motion of Mr. Caldwell, the Convention took a recess until half-past two o'clock this afternoon.
The Convention re-assembled.
Mr. Brown of Kanawha, tendered his resignation, which was accepted.
On motion of Mr. Van Winkle, the following resolution was adopted:
Resolved, That the journal of today's proceedings be read, approved and signed by the President and Secretary, and that the Convention adjourn in accordance with the resolution passed this morning.
JOHN HALL, President.
ELLERY R. HALL, Secretary.
(End of First Session)
Chapter Eleven: First Constitutional Convention of West Virginia
