of the State of West Virginia
(Wheeling: John F. M'Dermot, Public Printer, 1863)
Wednesday, July 1st, 1863
The Senate was opened with prayer by the Rev. J. L. Simpson.
The Journal was read and approved.
A message was received from the House of Delegates, by the clerk, informing the Senate that the House had passed the flowing bills, in which they asked concurrence:
House Bill No. 5, "A bill to provide for the division into townships of the several counties in the State."
House Bill No. 7, "A bill concerning the Hempfield Railroad."
On motion of Mr. Farnsworth, the first named bill was read the first time, and referred to the Committee on Townships, &c.
On motion of Mr. Carskadon, the second named bill was read the first time and referred to the Committee on Internal Improvements, &c.
Mr. Carskadon submitted the following report;
The Committee on Privileges and Elections report that they have examined the oaths taken and the evidences of election as furnished by the Executive Committee of the late Convention, under the requirements of "An ordinance to provide for the organization of the State of West Virginia," passed February 19th, 1863, and ascertain that the following named persons have been duly elected and qualified as members of this body and that they are entitled to mileage coming to and returning from the city of Wheeling, the distances set forth opposite their several names.
First District - John H. Atkinson, 36 miles; Chester D. Hubbard, 0 miles.
Second District - James Burley, 12 miles; Aaron Hawkins , 77 miles.
Third District - Edward C. Bunker, 96 miles: John J. Brown, 140 miles.
Fourth District - Daniel Haymond, 166 miles: Edwin Maxwell, 150 miles
Fifth District - William E. Stevenson, 96 miles; Edward S. Mahon, 140 miles.
Sixth District - D.D.T. Farnsworth, 150 miles ; Wm. D. Rollyson; 192 miles.
Seventh District - Greenbury Slack, 233 miles; J.M. Phelps, 180 miles.
Eighth District - John B. Bowen, 230 miles ; Wm. H. Copley, 220 miles.
Tenth District - James Carskadon, 187 miles; Aaron Bechtol, 255 miles.
The committee further report that Thomas K. McCann and Samuel Young the from 9th Senatorial District, have been duly sworn, that the elections in said district, because of the presence of forces of armed rebels, have not been regularly holden and returns made, but they have been voted for by loyal men, loyal voters, refugees from said district at Charleston Kanawha and at Clarksburg in the county of Harrison, under the superintendence of officers sworn for that purpose, as appears from the papers before us, and containing returns thereof. Upon the evidence before us under the circumstances we believe them entitled to seats in this body, and t hat Thomas K. McCann is entitled to mileage for 233 miles of travel coming to and returning from the city of Wheeling, and Samuel Young to mileage for 201 miles of travel.
On motion of Mr. Farnsworth, said report was adopted.
Mr. Hubbard moved that the 25th Senate Rule be amended by striking out the words "one fifth of the members present," which was agreed to.
Mr. Bunker moved that the House of Delegates be informed that the Senate is ready to execute the joint order of the day, the election of a Public Printer, which was agreed to, and Mr. Bunker was appointed to perform that duty.
Mr. Crothers, from the House of Delegates, informed the Senate that that body was also ready to go into said election.
For the office of Public Printer, Mr. Hubbard nominated John F. McDermot, and Mr. Hubbard was appointed to inform the House Delegates of such nomination.
Mr. Kramer informed the Senate that the House of Delegates had made no further nominations.
The Senate then proceeded by joint vote with the House of Delegates to the election of a Public Printer.
The vote was then taken, and resulted as follows:
For John F. McDermot, nineteen votes; and for Enos W. Newton, one vote.
The President appointed Mr. Slack to count the vote jointly with a committee of the House of Delegates, who subsequently reported that he had performed that duty, and found the vote to stand as follows:
Whole number of votes cast 66; of which John F. McDermot received 63; A.S. Trowbridge 2, and for Enos W. Newton 1; necessary to a choice of 34.
And, John F. McDermot having received a majority of the joint vote of both branches of the Legislature, was by the President declared elected Public Printer.
On motion of Mr. Slack,
Resolved, That the Committee on Courts of Justice and General Laws be instructed to inquire into the expediency of so amending and re-enacting an act passed by the General Assembly of Virginia, February 10, 1862, entitled "An act prescribing oaths in certain cases, and providing for the registration of the same," as to make it applicable to the State of West Virginia, instead of the restored Government of Virginia, and to make such other amendments as the change in our political organization may require; and to report by bill or otherwise.
Mr. Stevenson moved that Senate adopt the following as an additional rule of the Senate:
"Upon the second reading of a bill originating in the Senate, the President shall announce the question to be, whether it shall be engrossed and read the third time, or committed; or, if it came from the House of Delegates, whether it shall be read the third time or committed. If no motion be made to commit, or the motion to commit be lost, it shall, on demand of any two members, be read for amendment, section by section, and when the amendments which may be moved are disposed of , the question, unless the Senate otherwise order, shall be taken on ordering the bill to be engrossed and read a third time."
The motion was adopted.
On motion of Mr. Hubbard, the 22d Senate rule was amended by inserting between the words "first" and "time," the words "and second," and striking out the words "when received," and inserting the words "or different days."
On motion of Mr. Slack, the Senate adjourned.
Timeline of West Virginia: Civil War and Statehood: July 1863