(Wheeling: A. S. Trowbridge, State Printer, 1862)
WEDNESDAY, DECEMBER 17, 1862.
Prayer by Rev. Mr. Barnes, of the M. E. Church.
Mr. Patrick presented the credentials of Lewis Bumgarner, delegate elect from the County of Mason, who appeared, was duly qualified and took his seat.
The Chairman of the Committee of Finance reported the following, bill, which was read the first time:
No. 21, A Bill for the relief of Samuel P. Hildreth, Treasurer of the Savings Bank of Wheeling.
The Chairman of the Committee for Propositions and Grievances reported the following bill, which on motion was read the first time:
No. 22, A Bill to authorize the Board of Public Works to hire out certain convicts.
On motion of Mr. Fast,
Resolved, That the Committee of Schools and Colleges enquire into the expediency of reporting a bill repealing the 16th Chapter of the Code of Virginia, so as to authorize the present Literary fund to be distributed amongst the several counties and cities according to the amounts paid in by the several counties, etc.
Mr. Kramer presented two several petitions from citizens of Monongalia county praying the extension of the stay law which was referred.
No. 13, Engrossed House Bill, An Act changing the place of holding an election in the County of Preston was taken up, and the question being on the passage of the bill it was determined in the affirmative.
No. 12, Engrossed House Bill, "An Act authorizing the Counties of Upshur and Preston to issue County Treasury notes for the purpose of paying the volunteers of said Counties, was taken up and thereupon on motion of Mr. Hooton, the further consideration of the bill was passed by for the present.
No. 16, House Bill, on its first reading, "A Bill to amend and re-enact the first and seventh sections of Chapter Forty-six of the Code of Virginia" was taken up, and thereupon it was ordered to its second reading.
Mr. Logan presented a petition from citizens of the City of Wheeling praying that the present stay law may be permitted to expre, which was referred to the special committee on the stay law.
On motion of Mr. Farnsworth,
The Senate joint resolution in reference to the Lunatic Asylum at Weston, heretofore laid on the table, was taken up, and the question being on the passage of the resolution, it was determined in the negative.
On motion of Mr. Logan,
Resolved, By the General Assembly of Virginia that the Auditor be directed to loan out of any monies which may be in the State Treasury, to the credit of the Literary fund, not otherwise appropriated, the sum of five thousand dollars, which loan shall be made in accordance with the terms of the Act of Assembly passed March 4th, 1861, and which has never been repealed, which he moved be referred to the committee on Schools and Colleges, objections being made the resolution went upon the table.
On motion of Mr. Kramer,
Resolved, That the committee on Schools and Colleges enquire into the expediency of reporting a bill appropriating the capitation tax now in the Treasury to the credit of the Literary fund to the counties from which the same was received, to be appropriated by the said counties for school purposes.
Mr. Farnsworth offered the following resolution which was laid on the table.
Resolved, That a special committee of three be appointed by the Speaker to take into consideration the propriety of reporting a bill making certain appropriations or transfers of monies stocks, &c., belonging to the State, within the bounds of the proposed State of West Virginia, provided said State of West Virginia becomes one of the States of the Union.
Mr. Smith, Chairman of the Committee for Courts of Justice, reported the following bill, which was read the first time.
No. 23, A Bill providing for the repeal of an act passed Feb. 13, 1862, entitled an act to provide for the extension of time for Sheriffs of the Commonwealth to execute writs of fieri facias on certain judgment.
The Chairman of the committee of Finance reported the following bill, which was read the first time.
No. 24, A Bill for the relief of Joseph Martiney, late Commissioner of Revenue for Barbour County.
Mr. Farnsworth moved to take up the resolution heretofore offered by him and which was laid on the table, in reference to the separation of West Virginia from the old State, and thereupon leave was granted to withdraw the said resolution.
No. 14, House Bill on its second reading "A Bill authorizing the County Courts of Marshal[l] County to re-assess Two Hundred and six acres of land in Marshal[l] County belonging to Spencer Biddle, was taken up, and thereupon, Mr. Ruffner moved to amend as follows: at the end of the first section, "Provided the same be done at the expense of said Biddle," and thereupon Mr. Logan moved to amend the amendment as follows: "Provided the State shall not be subject to any expenses incurred thereby;" which was accepted. The question being on the adoption of the amendments it was determined in the affi[r]mative, and thereupon the bill was ordered to engrossment.
No. 15, House Bill, on its second reading, "A Bill authorizing the County Court of Ohio County to re-assess nine acres of land belonging to Joseph Hidinger," when on motion of Mr. Hooton it was amended in like manner as the last bill, and thereupon it was ordered to engrossment.
The Chairman of the Committee of Finance reported the following:
No. 25, A Bill for the relief of J. W. Stout, late Commissioner of the Revenue of the County of Pleasants.
Also, A Bill authorizing the County Court of Preston County to re-assess one hundred and ninety and one fourth acres of land in Preston County, belonging to Caleb Conn, both of which bills were read the first time.
Mr. Logan offered the following:
Resolved, The Senate concurring that on Saturday, the 30th inst, at 1 1/2 o'clock A. M., this House will proceed to elect a Brigadier-General for the 24th Brigade 3d Division, also for the 23d Brigade 3d Division, and for the 21st Brigade 4th Division; and thereupon Mr. Ruffner moved to amend by inserting Friday 19th inst in lieu of Saturday 20th inst., which amendment was accepted and the question being on the passage of the resolution it was determined in the affirmative.
On motion of Mr. Patrick bills heretofore offered was laid on the table were taken up in their order.
No. 1 House Bill, "A Bill for the relief of sufferers in the Kanawha Valley," was taken up, when Mr. Patrick moved to indefinitely postpone the further consideration of the bill, but subsequently withdrew his motion, on motion of Mr. Myers the vote inserting Western Virginia in lieu of Kanawha Valley was reconsidered and thereupon on motion of Mr. Ruffner he demanded the yeas and nays, which demand being sutained the vote was recorded as follows:
YEAS - Messrs. Porter (Speaker) Bowyer, Crothers, Davis, Fast, Hooton, Logan, Minor, Myers, Kitchen, Powell, Patrick, Ruffner, Vance, Wilson, Williamson of Wirt-16.
NAYS - Messrs. Boreman, Farnsworth, Kramer, Keeney, Michael, Henderson, Rollyson, Smith, Swan, West, Wheat, Williamson of Pleasants, Zinn - 13.
The question being on the amendment proposing to substitute the words "Western Virginia" in lieu of the words "Kanawha Valley," Mr. Swan demanded the yeas and nays, and thereupon Mr. Logan moved to indefinitely postpone the further consideration of the bill, pending which Mr. Swan moved to adjourn and the question being put it was determined in the negative.
Thereupon Mr. Hooton demanded the previous question, which demand being sustained, the previous question was put and thereupon Mr. Ruffner demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:
YEAS - Messrs. Boreman, Keeney, Swan, Michael, Henderson, Powell, Williamson of Pleasants, Zinn - 10.
NAYS - Messrs. Porter (Speaker), Bowyers, Crothers, Farnsworth, Fast, Hooton, Miner, Myers, Kitchen, Patrick, Rollyson, Ruffner, Smith, Wilson, West, Wheat, Williamson of Wirt - 17.
Whereupon Mr. Ruffner moved that the bill and amendment be referred a special committee of five and question being put, it was determined in the affirmative.
On motion of Mr. Farnsworth,
Resolved, That the committee of Finance take into consideration the propriety of reporting a bill making an appropriation to compensate Joseph S. Wheat of the County of Morgan, claiming to be a member of the Convention of 1861; and of the Legislature of the same year.
On motion of Mr. Boreman,
Resolved, That the committee of Finance enquire into the expediency of providing by law for the relief of parties aggrieved by existing assessments. The Speaker appointed the following special committee under the resolution of Mr. Ruffner this day.
Messrs. Ruffner, Miner, Wilson, Rollyson, Kitchen.
On motion to adjourn Mr. Patrick demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:
YEAS - Messrs. Bumgarner, Crothers, Hooton, Logan, Michael, Myers, Henderson, Kitchen, Powell, Rollyson, Wilson, West - 12.
NAYS - Messrs. Porter (Speaker), Boreman, Bowyer, Farnsworth, Fast, Kramer, Keeney, Miner, Patrick, Ruffner, Smith, Swan, Wheat, Williamson of Pleasants, Williamson of Wirt, Zinn - 16.
No. 10, Mr. Patrick moved to take up engrossed House Bill, "An Act making an appropriation for building bridges on the Parkersburg and Sta[u]nton Turnpike Road and the question being put it was determined in the negative.
The Chairman of the Committee for Courts of Justice reported the following bill:
No. 26, A Bill repealing the first section of Chapter 60 of the Code of Virginia.
Which was read the first time, the question being on the second reading of the bill, Mr. Patrick moved to indefinitely postpone, and thereupon he demanded the previous question, which demand was not sustained. The question being on the indefinite postpon[e]ment of the bill,
Mr. Patrick moved to adjourn and thereupon,
Mr. West demanded the yeas and nays, which demand being sustained the vote was recorded as follows:
YEAS - Messrs. Porter (Speaker), Bumgarner, Henderson, Kitchen, Powell, Patrick, Rollyson, Ruffner, Williamson or Wirt - 9.
NAYS - Messrs. Boreman, Farnsworth, Fast, Hooton, Kramer, Keeney, Michael, Miner, Smith, Swan, West, Wheat, Williamson of Pleasants, Zinn - 14.
So the House refused to adjourn.
The question being on the indefinite postponement of the bill.
Mr. Patrick demanded the yeas and nays, which demand being sustained, the vote was recorded as follows:
YEAS - Messrs. Kramer, Henderson, Patrick, Ruffner - 4.
NAYS - Messrs. Porter (Speaker), Boreman, Bumgarner, Farnsworth, Fast, Hooton, Keeney, Michael, Miner, Kitchen, Powell, Rollyson, Smith, Swan, West, Wheat, Williamson of Pleasants, Williamson of Wirt, Zinn - 19.
So the bill was ordered to be read a second time.
On motion of Mr. Farnsworth the bill was taken up and recommitted.
On motion of Mr. Wheat the House adjourned.
Timeline of West Virginia: Civil War and Statehood: December 1862