*The Convention met at 9 o'clock, A. M.
Prayer by Rev. Mr. Hagar, after which the journal of the preceding day was read and approved.
Mr. Van Winkle submitted propositions for the schedule, which were referred to the committee on that subject.
Mr. Van Winkle then offered the following resolutions: 1. Resolved, As the opinion of this Convention,
*See note Vol. II, page 219.
That if the Legislature of the State of Virginia shall, at its present sessions, pass an act giving the consent of the said legislature to the formation and erection of the proposed new State within the present jurisdiction of the State of Virginia, but suspending the operation of the said act until the governor of the said state shall by proclamation declare that the people residing within the limits of the proposed new State have adopted the Constitution to be proposed by this Convention in the manner therein set forth, such consent would, upon the issuing of the said proclamation, be, to all intents and purposes, the consent of the legislature required by the third section of the fourth article of the Constitution of the United States.
2. Resolved, That the said legislature is hereby respectfully requested to give its consent to the formation and erection of the proposed new State in the manner indicated in the foregoing resolution at its present session; and to provide for the submission of the said Constitution to the voters residing within the proposed limits of the said new State for their adoption or rejection on the day and in the manner therein set forth, requiring the Governor, within days thereafter to issue his proclamation declaring the result of said election and the adoption or rejection of the said Constitution, as the case may be; and in the event of its adoption to transmit to Congress authenticated copies of the said Constitution, of the act giving the consent of the legislature, and of the proclamation of the governor.
3. Resolved, That the Committee on the Schedule is hereby instructed to report a suitable provision to be inserted therein, providing that in event of the formation and erection of the proposed new State, the whole cost of this Convention, including the election of its members, the submission of the Constitution to the people, and all other expenses attending the premises shall be refunded to the State of Virginia.
4. Resolved, That the said legislature is hereby further requested to make such additional appropriation as may be necessary to defray the expenses incurred and to be incurred by this Convention, and in submitting the said Constitution to the people, and transmitting the same to Congress.
5. Resolved, That the Committee on Printing and Expenditures report a revised estimate of the amount required to defray the expenses of the Convention, based upon the contemplated adjournment on the 19th instant, showing the amount required to pay the additional members admitted since their last estimate, the cost of printing and distributing 5,000 copies of the Constitution in pamphlet form, and the amount already appropriated by the legislature.
6. Resolved, That the president be requested to transmit a copy of the foregoing resolutions, and of the estimate of the Committee on Printing, etc., to the legislature.
On motion of Mr. Van Winkle, all the foregoing resolutions except the 6th, were laid on the table and ordered to be printed.
And the question being upon the adoption of the 5th resolution,
Mr. Dering moved to amend the same by inserting "10,000" in lien of "3,000," which was disagreed to.
Mr. Lamb moved to amend the same by inserting "5,000" instead of "3,000," which was adopted.
And the resolution, as amended, was adopted.
On motion of Mr. Stevenson, of Wood, the report of the Committee on the Executive Department was taken up on its second reading.
Following is the amended report, now taken up for consideration:
As Amended by the Convention.
1. The chief executive power of this State shall be vested in a governor. He shall hold his office for the term of two years, to commence on the day of next succeeding his election. The person acting as governor shall not be elected or appointed to any other office during his term of service.
2. No person shall be elected governor unless he has attained the age of thirty years, and has resided in this State for five years next proceeding his election.
3. The governor shall reside at the seat of government; shall receive two thousand dollars for each year of his service, and during his continuance in office shall receive no other emolument from this or any other government.
4. The governor shall be commander-in-chief of the military forces of the State; shall have power to call out the militia to repel invasion, suppress insurrection and enforce the execution of the laws; shall conduct in person, or in such manner as may be prescribed by law, all intercourse with other and foreign states; and during the recess of the legislature shall fill temporarily all vacancies in office, not otherwise provided for, by commissions to expire at the end of thirty days after the commencement of the succeeding session of the Legislature. He shall take care that the laws be faithfully executed; communicate to the legislature at each session thereof the condition of the State; recommend to the consideration of the members such measures as he may deem expedient; and convene the legislature in extra session when in his opinion, the interest of the State may require it. He shall have power to remit fines and penalties in such cases, and under such regulations as may be prescribed by law; to commute capital punishment, and, except when the prosecution has been carried on by the house of delegates, to grant reprieves and pardons, after conviction, but he shall communicate to the legislature, at each session, the particulars of every case of fine or penalty remitted, of punishment commuted, and of reprieve or pardon granted, with his reasons for remitting, commuting or granting the same.
5. The governor may require information in writing from the officers of the executive department, upon any subject pertaining to their respective offices, and also the opinion, in writing, of the attorney general upon any question of law relating to the business of the executive department.
6. Returns of the election of governor shall be made in the manner and by the persons designated by the legislature, to the secretary of the state, who shall deliver them to the speaker of the house of delegates on the first day of the next session of the legislature, who shall, within ten days thereafter, in the presence of a majority of each house of the legislature, open the said returns, when the votes shall be counted. The person having the highest number of votes, if duly qualified, shall be declared elected; but if two or more shall have the highest and an equal number of votes, one of them shall thereupon be chosen governor by the joint vote of the two houses. Contested elections for governor shall be decided by a like vote, and the mode of proceeding in such cases shall be prescribed by law.
7. In case of the removal of the governor from office, or of his death, failure to qualify within the time prescribed by law, resignation, removal from the seat of government, or in- ability to discharge the duties of the office, the said office, with its compensation, duties and authority, shall devolve upon the president of the senate, and in case of his inability, or failure from any cause to act, on the speaker of the house of delegates; and the legislature shall provide by law for the discharge of the executive functions in other necessary cases.
8. A secretary of the state, who shall receive a salary of thirteen hundred dollars per annum; a treasurer, who shall receive a salary of fourteen hundred dollars per annum; and an auditor, who shall receive a salary of fifteen hundred dollars per annum, shall be elected at the same time, and for the same term as the governor. Their duties, and the mode of making returns of their election, shall be prescribed by the legislature.
9. The legislature shall have power to vest the management and control of the works of internal improvement of the State, the disposition and investment of the fund arising therefrom or that may be created for that purpose, in the governor, treasurer and auditor, and to prescribe their duties as a board of public works.
10. The legislature shall have power to provide for the organization of the militia and the appointment of militia officers; but the governor shall nominate, and by and with the consent and advice of the senate appoint, all military officers above the rank of colonel."
*And, on motion of Mr. Lamb, the blank in the third line was filled with the words "fourth day of March."
*See note Vol. II, page 219.
Mr. Lamb moved to amend the 18th line by striking out the words "and foreign," which was agreed to.
Mr. Brown of Kanawha moved to amend the 20th line by inserting, after the word "for," the words "by this Constitution, or by the legislature," which motion was decided in the affirmative.
On motion of Mr. Stevenson of Wood, the word "otherwise," in the 19th line was stricken out.
Mr. Ryan moved to amend the 68th line by striking out "fifteen hundred," and inserting "sixteen hundred."
Mr. Powell asked for a division, and the question being put upon striking out, it was decided in the negative.
Mr. Stuart of Doddridge moved to transpose the salaries of the secretary of the state and the treasurer, in the 8th section, which was disagreed to.
Mr. Battelle moved to amend the 8th section by striking out all fixing the salaries of the different officers named therein, and inserting, after the word "duties," in the 70th line, the word "compensation," and the question being, first, upon the striking out, it was decided in the negative.
On motion of Mr. Harrison, the word "legislature," in the 72nd line, was stricken out and the word "law" inserted.
On motion of Mr. Lamb, the whole of the 9th section was stricken out.
Mr. Harrison moved to strike out all the 10th section to the words "the governor," in the 81st line, which was agreed to.
And on motion of Mr. Dering, the report, as amended, was adopted.
On motion of Mr. Harrison, the report of the Committee on the Judiciary Department was taken up on its second reading.
Following is the amended report, now taken up for consideration:
1. The judicial power of the State shall be vested in a Supreme Court of Appeals and circuit courts, and such other inferior tribunals as are herein authorized. The jurisdiction of these courts, and the judges thereof, except so far as the same is conferred by this Constitution, shall be prescribed by law.
2. The State shall be divided into nine circuits, as follows:
3. The counties of Hancock, Brooke, Ohio and Marshall shall constitute the first circuit.
4. The counties of Monongalia, Preston, Tucker and Taylor shall constitute the second circuit.
5. The counties of Marion, Harrison and Barbour shall constitute the third circuit.
6. The counties of Wetzel, Tyler, Pleasants, Ritchie, Doddridge and Gilmer shall constitute the fourth circuit.
7. The counties of Randolph, Upshur, Lewis, Braxton, Webster and Nicholas shall constitute the fifth circuit.
8. The counties of Wood, Wirt, Calhoun, Roane, Jackson and Clay shall constitute the sixth circuit.
9. The counties of Kanawha, Mason, Putnam and Fayette shall constitute the seventh circuit.
10. The counties of Cabell, Wayne, Boone, Logan, Wyoming and Raleigh shall constitute the eighth circuit.
11. The counties of Pocahontas, Greenbrier, Monroe, Mercer and McDowell shall constitute the ninth circuit.
12. And in the event that the counties of Pendleton, Hardy, Hampshire and Morgan become a part of the State, then they shall constitute another circuit, to be called the tenth circuit.
13. And in the event that the counties of Frederick, Berkeley and Jefferson become a part of the State, then they shall constitute another circuit, to be called the eleventh circuit.
14. The legislature may, from time to time, re-arrange the said circuits; and after the expiration of five years from the time when this Constitution shall go into operation and thereafter, at periods of ten years, may increase or diminish the number of circuits or the number of courts in a year, as necessity may require.
15. For each circuit a judge shall be elected by the voters thereof, who shall hold his office for the term of six years, unless sooner removed in the manner prescribed by this Constitution. He shall, at the time of his election, be, at least, thirty-five years of age. During his continuance in office, he shall reside in the circuit of which he is judge.
16. A circuit court shall be held at least four times a year, unless otherwise provided by law, made in pursuance of section 3rd, by the judge of each circuit, in every county wherein a circuit court is hereby, or may hereafter be, established. But the judges may be required or authorized to hold the courts of their respective circuits alternately, and a judge of one circuit to hold a court in any other circuit.
17. The circuit courts shall have the supervision and control of all inferior tribunals, by mandamus, prohibition or certiorari. They shall also, except in cases confided exclusively by this Constitution to some other tribunal, have original and general jurisdiction of all matters whatsoever at law, where the amount in controversy exclusive of costs exceeds twenty dollars, and of all cases in equity, and of all crimes and misdemeanors. They shall also have appellate jurisdiction in all cases civil and criminal, where an appeal, writ of error or supercedeas may be allowed to the judgment or proceedings of any inferior tribunal. And they shall also have such other jurisdiction, whether supervisory, original, appellate or concurrent as may be prescribed by law.
18. The Supreme Court of Appeals shall consist of three judges, any two of whom shall be a quorum. They shall be elected by the voters of the State, and shall, at the time of their election, be, at least, thirty-five years of age. They shall hold their offices for the term of twelve years, unless sooner removed in the manner prescribed by this Constitution.
Of the judges first elected, one to be designated by lot in such manner as they shall determine, shall hold his office for four years, another to be designated in like manner for eight years, and the third for twelve years, so that thereafter one shall be elected every four years.
19. The Supreme Court of Appeals shall have original jurisdiction in cases of habeas corpus, mandamus and prohibition. It shall have appellate jurisdiction in civil cases where the matter in controversy, exclusive of costs, is of greater value or amount than two hundred dollars, and in controversies concerning the title or boundaries of land, the probate of will, the appointment or qualification of a personal representative, guardian, committee, or curator; or, concerning a mill, road, way, ferry, or landing, or the right of a corporation or a county to levy tolls or taxes; and also in cases of habeas corpus, mandamus and prohibition, and cases involving freedom, or the constitutionality of a law. It shall have appellate jurisdiction in criminal cases wherever there has been a conviction for felony or misdemeanor in a circuit court. It shall have such other appellate jurisdiction in civil and criminal cases as may be prescribed by law.
20. When a judgment or decree is reversed or affirmed by the Supreme Court of Appeals, every point made and distinctly stated in writing in the cause and fairly arising upon the record of the case, shall be considered and decided, and the reasons therefor shall be concisely and briefly stated in writing and preserved with the records of the case.
21. When any judge of the court of appeals is so situated in regard to any case pending before it as to make it improper for him to aid in the trial of the same, or is under any other disability, the remaining judges may call to their assistance a judge of the circuit court who shall act as a judge of the court of appeals in the cases to which such disability relates.
22. Judges shall be commissioned by the governor. The salary of a judge of the Supreme Court of Appeals, shall be two thousand dollars, and that of a judge of a circuit court eighteen hundred dollars, per annum, and each shall receive the same allowance for necessary travel as members of the legislature.
23. No judge, during his term of service, shall hold any other office, appointment or public trust, under this or any other government, and the acceptance thereof shall vacate his judicial office; nor shall he, during his continuance in office, be eligible to any political office.
24. Judges may be removed from office, by a concurrent vote of both houses of the legislature, for malfeasance, corruption, incompetency, neglect of duty, or on conviction of any infamous offence; but a majority of all the members elected to each house, must concur in such vote; and the cause of removal shall be entered on the journal of each house. The judge against whom the legislature may be about to proceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either house of the legislature shall act thereon.
25. The officers of the Supreme Court of Appeals, shall be appointed by said court, or, by the judges thereof in vacation. Their duties, compensation, and tenure of office, shall be prescribed by law.
26. The voters of each county, in which a circuit court is held, shall elect a clerk of said court, whose term of office shall be four years. His duties and compensation, and the mode of removing him from office, shall be prescribed by law; and when a vacancy shall occur in said office, the judge of the court held in the county where it occurs, shall appoint a clerk, pro tempore, who shall discharge the duties of the office until the vacancy is filled. In any case, or matter arising, in respect to which the said clerk shall be so situated as to make it improper for him to act as such, the said court shall appoint a suitable person to act in his place.
27. At every regular election of a governor, an attorney general shall be elected by the voters of the State. He shall be commissioned by the governor, shall perform such duties, and receive such compensation as may be prescribed by law, and be removable in the same manner prescribed for the removal of judges.
28. The legislature may establish courts of limited jurisdiction within any city of the State."
*Mr. Stevenson of Wood moved to amend the 58th line by striking out the word "twenty" and inserting the word "fifty."
*See note Vol. II, page 219.
Mr. Dille asked for a division and the question being first upon striking out, it was determined in the negative.
By general consent, the word "costs," in the 57th line, was stricken out, and the word "interest" inserted.
Mr. Powell moved to amend the 110th line by striking out the word "eighteen" and inserting "sixteen," and the question being, first, upon striking out, the yeas and nays were demanded, which demand being sustained, the amendment was rejected - yeas 14, nays 23.
And, on motion of Mr. Stevenson of Wood, the vote was recorded, as follows:
YEAS - Messrs. Brown of Preston, Battelle, Dille, Dolly, Haymond, Hagar, Parsons, Powell, Ryan, Sinsel, Simmons, Stevenson of Wood, Soper, Wilson - 14.
NAYS - Messrs. John Hall (President), Brown of Kanawha, Chapman, Carskadon, Dering, Hansley, Harrison, Hervey, Irvine, Lamb, Montague, McCutchen, Parker, Robinson, Stephenson of Clay, Stewart of Wirt, Stuart of Doddridge, Sheets, Smith, Taylor, Van Winkle, Walker, Warder - 23.
Mr. Stuart of Doddridge, moved to amend the 116th line by striking out the words "continuance in," and insert "term of," which motion was rejected.
Mr. Stuart of Doddridge, moved to amend the 116th and 117th lines by striking out all after the words "judicial office," which was disagreed to.
Mr. Dille moved to amend the 128th line by striking out the word "twenty" and insert "thirty," which was rejected.
Mr. Dille moved to strike out the word "said" and insert "the," in the 132nd line, which was agreed to.
Mr. Dille moved to amend the 137th line by striking out the word "four" and insert "six," which was rejected.
Mr. Van Winkle moved to amend the 130th line by inserting, after the word "appeals" the words "and of the circuits," which was disagreed to.
Mr. Stuart of Doddridge moved to strike out the words "such compensation as may be prescribed by law," and insert "a salary of five hundred dollars per annum."
Mr. Lamb asked for a division; and the question being upon striking out, it was put and decided in the negative. And at the usual hour, the Convention took a recess.
The Convention re-assembled.
Mr. Brown moved to amend the last line of said report by inserting after the word "city," the words "or incorporated town," which was agreed to.
The question then recurring upon the adoption of the whole report, as amended, it was put and decided in the affirmative.
And, on motion of Mr. Van Winkle, the Report of the Committee on Fundamental and General Provisions was taken up on its secord reading.
Following is the report (as amended by the Convention,) now taken up for second reading:
As amended by the Convention.
1. The State of West Virginia shall be and remain one of the United States of America. The Constitution of the United States, and the laws and treaties made in pursuance thereof, shall be the supreme law of the land.
2. Writs and commissions, issued under state authority, shall run in the name of, and official bonds shall be made payable to, The State of West Virginia. Laws shall be enacted in the name of the State of West Virginia. Indictments shall conclude "against the peace and dignity of the State of West Virginia."
3. The powers of government reside in all the citizens of the State, and can be rightfully exercised only in accordance with their will and appointment.
4. The citizens of the State are the citizens of the United States residing therein; but no person in the military, naval or marine service of the United States shall be deemed a resident of this State by reason of being stationed therein.
5. Every citizen of the State shall be entitled to equal representation in the government, and in all apportionments of representation, equality of numbers of those entitled thereto shall as far as possible be preserved.
6. The white male citizens of the State shall be entitled to vote at all elections held within the election districts in which they respectively reside; but no person who is a minor, or of unsound mind, or a pauper, or who is under conviction of treason or felony, or who has been convicted of bribery in an election, or who has not been a resident of the State for one year, and of the county in which he offers to vote for thirty days, next preceding such offer, shall be permitted to vote while such disability continues.
7. In all elections by the people the mode of voting shall be by ballot.
8. No voter during the continuance of an election at which he is entitled to vote, or during the time necessary and convenient for going to and returning from the same, shall be subject to arrest upon civil process; or be liable to attend any court or judicial proceeding as suitor, juror or witness; or to work upon the public roads; or, except in time of war or public danger, to render military service.
9. All citizens entitled to vote and no other persons, may be elected or appointed to any State, county or municipal office; but judges must have attained the age of thirty-five years, the governor, the age of thirty years, and the attorney general and senators, the age of twenty-five years, at the beginning of their respective terms of service, and all must have been citizens of the State for five years next preceding or at the time this Constitution goes into operation.
10. Every person elected or appointed to any office or trust, civil or military, shall, before proceeding to exercise the authority or discharge the duties of the same, make oath or affirmation that he will support the Constitution of the United States and the Constitution of this State; and every citizen of this State may in time of war, insurrection or public danger, be required by law to make the like oath or affirmation, upon pain of suspension of his right of voting and holding office under this Constitution.
11. The Legislative, Executive and Judicial Departments of the government shall be separate and distinct. Neither shall exercise the powers properly belonging to either of the others. No person shall be invested with, or exercise the powers of, more than one of them at the same time.
12. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. Treason shall be punished, according to the character of the acts committed, by the infliction of one or more of the penalties of death, imprisonment, fine, or confiscation of the real and personal property of the offender, as may be prescribed by law.
13. No lottery shall be authorized by law; and the buying, selling or transferring of tickets or chances in any lottery shall be prohibited.
14. All officers elected or appointed under this Constitution may be removed from office for misconduct, incompetence, or neglect of duty, in such manner as may be prescribed by law, and unless so removed, shall continue to discharge the duties of their respective offices until their successors are elected or appointed and qualified.
15. All elections of state and county officers shall be held on the fourth Thursday of October.
16. The terms of all state and county officers, and of the members of both houses of the legislature, not elected or appointed to fill a vacancy, shall, unless herein otherwise provided, begin on the first day of January next succeeding their election. All elections and appointments to fill vacancies shall be for the unexpired term. All vacancies in elective offices shall be filled in such manner as may be prescribed by law.
17. The privilege of the writ of habeas corpus shall not be suspended, except when, in time of invasion, insurrection or other public danger, the public safety may require it. No person shall be held to answer for treason, felony or other crime, not cognizable by a justice of the peace, unless on presentment or indictment of grand jury. No bill of attainder, ex post facto law, or law impairing the obligation of a contract, shall be passed.
18. No law abridging freedom of speech or of the press shall be passed, but the legislature may provide for the restraint and punishment of the publishing and vending of obscene books, papers and pictures, and of libel and defamation of character, and for the recovery, in civil actions, by the aggrieved party, of suitable damages for such libel or defamation. Attempts to justify and uphold an armed invasion of the State, or an organized insurrection therein, during the continuance of such invasion or insurrection, by publicly speaking, writing or printing, or by publishing or circulating such writing or printing, may be, by law, declared a misdemeanor, and punished accordingly.
19. Private property shall not be taken for public use without just compensation. No person, in time of peace shall be deprived of life, liberty or property without due process of law. The military shall be subordinate to the civil power.
20. The right of the citizens to be secure in their houses, persons, papers and effects, against unreasonable searches and seizures, shall not be violated. No warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons and things to be seized.
21. In suits at common law, where the value in controversy exceeds twenty dollars, the right of trial by jury, unless waived by the parties, shall be preserved. No fact tried by a jury shall be otherwise re-examined in any case than according to the rules of the common law.
22. The trial of crimes and misdemeanors, unless herein otherwise provided, shall be by jury, and shall be held publicly, and without unreasonable delay, in the county where the alleged offence was committed, unless, upon petition of the accused, and for good cause shown, or in consequence of the existence of war or insurrection in such county, it is removed to some other county. In all such trials the accused shall be informed of the character and cause of the accusation, and be confronted with the witnesses against him, and shall have the assistance of counsel for his defense, and compulsory process for obtaining witnesses in his favor.
23. In all criminal prosecutions, the jury shall be the judges of both the law and the fact. In prosecutions and civil suits for libel, the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the verdict shall be for the defendant.
24. Excessive bail shall not be required, or excessive fines imposed, or cruel and unusual punishments inflicted. Penalties shall be proportioned to the character and degree of the offence. No person shall be compelled to be a witness against himself, or be twice put in jeopardy for the same offense.
25. The enumeration in this Constitution of certain rights and privileges shall not be construed to impair or deny others retained by, or inherent in, the citizens of the State.
26. Such parts of the common law, and of the laws of the State of Virginia as are in force within the boundaries of the State of West Virginia when this Constitution goes into operation, and are not repugnant thereto, shall be and continue, the law of this State, until altered or repealed by the legislature. All offences against the laws of Virginia committed within the boundaries of this State before this Constitution goes into operation, shall be cognizable in the courts of this State in the same manner they would be if afterwards committed within this State. All civil and criminal suits and proceedings pending in the county or circuit courts theretofore held within the said boundaries when this Constitution goes into operation, shall be docketed, and thereafter proceeded in the circuit court of the proper county; and all such suits and proceedings then pending in the Supreme and District Court of Appeals of the State of Virginia, if the defendant in the court below resides within the said boundaries, or the subject of the suit is land or other property situated or being therein, and the plaintiff is entitled to prosecute in this State, shall be docketed, and thereafter proceeded in in the Supreme Court of Appeals thereof.
27. No entry by warrant on land in this State shall be made after this Constitution goes into operation; and in all cases where an entry has been made before that time, and then, or thereafter, so perfected as to entitle the locator to a grant, the legislature shall make provision by law for issuing the same.
28. The legislature shall make provision for the sale of all lands in this State, forfeited to the State of Virginia for the nonpayment of taxes for the year one thousand eight hundred and thirty-one, or any year previous thereto, or for the failure of the owners to have the same entered and charged with taxes for the said or any preceding year, as well as of all waste and unappropriated lands by proceedings to be had in the circuit court of the county, where such lands may lie.
29. No man shall be compelled to frequent or support any religious worship, place or ministry whatsoever; nor shall any man be enforced, restrained, molested or burthened in his body or goods, or otherwise suffer on account of his religious opinions or belief; but all men shall be free to profess, and by argument to maintain, their opinions in matters of religion; and the same shall in no wise affect, diminish or enlarge their civil capacities. And the legislature shall not prescribe any religious test whatever; or confer any peculiar privileges or advantages on any sect or denomination; or pass any law requiring or authorizing any religious society, or the people of any district within this State, to levy on themselves or others any tax for the erection or repair of any house for public worship, or for the support of any church or ministry; but it shall be left free to every person to select his religious instructor, and to make, for his support, such private contract as he shall please.
*Mr. Van Winkle moved to amend the first line by striking out the word "West Virginia," and upon this question the yeas and nays were demanded, and the demand receiving a second, the motion was rejected - yeas 11, nays 28.
*See note Vol. II, page 219.
Mr. Powell moved that the vote be recorded, which was done, as follows:
YEAS - Messrs. John Hall (President), Battelle, Haymond, Harrison, Hervey, Hoback, Lamb, Stevenson of Wood, Stewart of Wirt, Van Winkle, Warder - 11.
NAYS - Messrs. Brown of Kanawha, Brown of Preston, Brumfield, Chapman, Caldwell, Carskadon, Cook, Dering, Dille, Dolly, Hansley, Hagar, Irvine, Montague, Mahon, McCutchen, O'Brien, Parsons, Powell, Parker, Robinson, Ryan, Sinsel, Simmons, Sheets, Soper, Taylor, Wilson - 28.
Mr. Brown of Kanawha, moved to strike out the entire first section, which was disagreed to.
Mr. Lamb moved to insert the word "grants," after the word "writ," which was adopted.
On motion of Mr. Lamb, the second sentence of the 2nd section was stricken out.
Mr. Brown of Kanawha moved to amend the 14th line by inserting after the word "the," at the beginning of the section, the word "white," which was disagreed to.
Mr. Wilson moved to amend the 27th line by inserting after the word "election," the following: "or who has not paid all taxes assessed against him for the previous year," which was rejected.
Mr. Powell moved to amend the 25th line, by striking out the words "is under conviction," and insert the words "has been convicted," in the 26th line.
Mr. Brown of Kanawha moved as a substitute for the motion of Mr. Powell, to strike out the word "or," before "felony," and also the words "who has been convicted," and upon the question the yeas and nays were demanded, and the demand being sustained, the substitute was adopted - yeas 22, nays 17.
And, on motion of Mr. Simmons, the vote was recorded as follows:
YEAS - Messrs. Brown of Kanawha, Battelle, Chapman, Carskadon, Cook, Dille, Dolly, Haymond, O'Brien, Parsons, Ryan, Simmons, Stevenson of Wood, Stephenson of Clay, Stuart of Doddridge, Soper, Smith, Taylor, Van Winkle, Warder, Wilson - 22.
NAYS - Messrs. Brown of Preston, Brumfield, Caldwell, Dering, Hansley, Hoback, Harrison, Hervey, Hagar, Irvine, Lamb, Montague, McCutchen, Powell, Parsons, Sinsel, Stewart of Wirt - 17.
Mr. Brown of Kanawha moved to amend the 32nd line by striking out the words "by ballot," and inserting the words "viva voce," and upon this question the yeas and nays were demanded, which being sustained, the motion was disagreed to - yeas 10, nays 29.
And, on motion of Mr. Brown of Preston, the vote was recorded as follows:
YEAS - Messrs. Brown of Preston, Brown of Kanawha, Cook, Hoback, McCutchen, Robinson, Stephenson of Clay, Stuart of Doddridge, Smith, Wilson - 10.
NAYS - Messrs. Brumfield, Battelle, Chapman, Caldwell, Carskadon, Dering, Dille, Dolly, Hansley, Haymond, Hervey, Hagar, Irvine, Lamb, Montague, O'Brien, Parsons, Powell, Parker, Ryan, Sinsel, Simmons, Stevenson of Wood, Stewart of Wirt, Sheets, Soper, Taylor, Van Winkle, Warder - 29.
Mr. Parker moved to amend the 45th line by inserting after the word "all," the words "except senators who shall have resided in the State two years," and upon this question the yeas and nays were demanded, and the demand being sustained, the amendment was rejected - yeas 11, nays 29.
And, on motion of Mr. Brown of Kanawha, the vote was recorded as follows:
YEAS - Messrs. Battelle, Chapman, Hansley, Hervey, Hagar, Parker, Simmons, Stevenson of Wood, Soper, Taylor, Wilson - 11.
NAYS - Messrs. John Hall (President), Brown of Preston, Brown of Kanawha, Brumfield, Caldwell, Carskadon, Cook, Dille, Dolly, Hall of Marion, Haymond, Harrison, Hoback, Irvine, Lamb, Montague, McCutchen, O'Brien, Parsons, Powell, Robinson, Sinsel, Stephenson of Clay, Stewart of Wirt, Stuart of Doddridge, Sheets, Smith, Van Winkle, Warder - 29.
Mr. Powell moved to amend the 46th line by striking out the word "five" and inserting the word "three."
Mr. Sinsel asked for a division, and the question being first upon striking out, the yeas and nays were demanded, and the demand being sustained, the motion was lost - yeas 13, nays 27.
And, on motion of Mr. Brown of Kanawha, the vote was recorded as follows:
YEAS - Messrs. Battelle, Chapman, Hansley, Hervey, Hagar, McCutchen, Powell, Parker, Simmons, Stevenson of Wood, Soper, Taylor, Van Winkle - 13.
NAYS - Messrs. John Hall (President), Brown of Preston, Brown of Kanawha, Brumfield, Caldwell, Carskadon, Cook, Dille, Dolly, Hall of Marion, Haymond, Harrison, Hoback, Irvine, Lamb, Montague, O'Brien, Parsons, Robinson, Sinsel, Stephenson of Clay, Stewart of Wirt, Stuart of Doddridge, Sheets, Smith, Warder, Wilson - 27.
Mr. Lamb moved to strike out the 40th line, and insert in lieu thereof the following: "No persons, except citizens entitled to vote shall," which was adopted.
Mr. Powell moved that the following be added at the end of the 9th section: "No person convicted of treason, felony or of bribery in an election shall be elected or appointed to any state, county or municipal office," and the question being upon the adoption of this amendment, it was decided in the negative.
And, on motion of Mr. Lamb, the Convention adjourned.
Chapter Eleven: First Constitutional Convention of West Virginia
