The Convention met at 9 o'clock, A. M.
Prayer by Rev. Mr. Pomeroy.
Journal read and approved.
The second report of the Committee on Fundamental and General Provisions, submitted January 30th, was taken up, the report being as follows:
The Committee on Fundamental and General Provisions respectfully report the following additional provisions, and recommend their insertion in the Constitution.
By order of the Committee, P. G. Van Winkle, chairman.
"1. 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.
"2. 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 day of 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 by special elections.
"3. 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, unless on presentment or indictment of a grand jury. No bill of attainder, ex post facto law, or law impairing the obligation of a contract, shall be passed.
"4. 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 and defamation. Attempts to justify and uphold an armed invasion of the State, or an organized insurrection therein, having in view the overthrow of the government thereof, 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.
"5. 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.
"6. 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.
"7. 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.
"8. 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 offense 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.
"9. 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.
"10. Excessive bail shall not be required, or excessive fines im- posed, or cruel and unusual punishment 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 offence. No citizen shall be subjected to corporal punishment, except to death by hanging, for treason, murder, rape or arson. All prisoners shall be bailable by sufficient sureties, except in capital cases where the proof is evident or the presumption great.
"11. 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.
"12. 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. Nothing herein contained shall affect grants of lands, legally issued by the Commonwealth of Virginia before the seventeenth day of April, in the year one thousand eight hundred and sixty-one, or subsequently thereto, by authority of the restored government thereof, or any inchoate or imperfected right to such grants. 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 court of appeals of the State of Virginia, if the defendant resides within the said boundaries, and the plaintiff is entitled to prosecute in this State, shall be docketed, and thereafter proceeded in, in the Supreme Court of Appeals thereof.
The 11th section was read and adopted. The 12th having been read, it was, on motion of Mr. Van Winkle amended as follows:
*lnsert the words "and district," before the word "court," in the 92nd line, and insert after the word "defendant," in the 93rd line, the words, "in the court below," and insert after the word "boundaries," in the same line, the following: "or the subject of the suit is land or other property situated or being therein."
*See note Vol. II, page 219.
Mr. Parker moved to amend the said section by adding after the word "legislature," at the end of the 81st line, the following:
"All offences against the law of Virginia, committed within the boundaries of the State before this Constitution goes into operation, shall be cognizable in the courts of this State, in the same manner they would be if committed within this State after the adoption of this Constitution."
And the question being upon the adoption of this amendment, it was decided in the affirmative.
Mr. Smith then moved to strike out the second sentence of said section, which was agreed to.
Mr. Smith submitted the substitute heretofore offered by him for the second report of the Committee on Education, and moved that it be adopted as additional sections to the report of the Committee on Fundamental and General Provisions.
The 1st section thereof was amended and adopted as follows:
"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 there, or thereafter so perfected as to entitle the locator to a grant, the legislature shall make provision by law for issuing the same."
The second section was read, when,
Mr. Brown of Kanawha moved to amend the same by striking out the words "or the greater part thereof," in the 14th and 15th lines, which was agreed to.
The word "as" after taxes was stricken out by general consent, and the section was adopted.
And, on motion of Mr. Van Winkle, the reports were laid on the table for the present.
Mr. Lamb moved that the Convention take up, on its second reading, the report of the Committee on the Legislative Department, which motion was adopted. Following is the report, (as amended by the Convention):
As Amended by the Convention.
1. The legislative power of the State shall be vested in a senate and house of delegates. The style of their acts shall be, "Be it enacted by the Legislature of West Virginia."
2. The senate shall be composed of eighteen, and the house of delegates of forty-seven members, subject to be increased according to the provision hereinafter contained, but after the first election no two senators shall be elected in the same county.
3. The term of office of senators shall be two years, and that of delegates one year - commencing, in each case, on the 4th day of July succeeding their election, except that the terms of the senators and delegates first elected shall commence twenty days after their election. The senators first elected shall divide themselves into two classes, one senator from every district being assigned to each class; and of these classes, the first, to be designated by lot, in such manner as the senate may determine, shall hold their offices for one year, and the second for two years; so that, after the first election, one-half of the senators shall be elected annually. Vacancies in either branch shall be filled by election, for the unexpired term, in such manner as shall be prescribed by law.
4. For the election of senators, the State shall be divided into nine senatorial districts; which number shall not be diminished, but may be increased as hereinafter provided. Every district shall choose two senators. The districts shall be equal, as nearly as possible, in white population, according to the returns of the United States census. They shall be compact - formed of contiguous territory - and be bounded by county lines. After every census hereafter taken by authority of the United States, the legislature shall alter the senatorial districts, so far as may be necessary to make them conformable to the foregoing provisions.
5. The legislature may at any time, by law, divide any senatorial district, by county lines or otherwise, into two sections, which shall be equal, as nearly as possible, in white population. If such division be made, each of the sections shall elect one senator, instead of the district electing two; and the senators so to be elected shall be classified in such manner as the senate may determine.
6. Until the senatorial districts be altered by the legislature after the next census, the counties of Hancock, Brooke, and Ohio shall constitute the 1st senatorial district; Marshall, Wetzel and Marion the 2nd; Monongalia, Preston and Taylor the 3rd; Pleasants, Tyler, Ritchie, Doddridge and Harrison the 4th; Wood, Jackson, Wirt, Roane, Calhoun and Gilmer the 5th; Barbour, Tucker, Lewis, Braxton, Upshur and Randolph the 6th; Mason, Putnam, Kanawha, Clay and Nicholas the 7th; Cabell, Wayne, Boone, Logan, Wyoming, Mercer and McDowell the 8th, and Webster, Pocahontas, Fayette, Raleigh, Greenbrier and Monroe the 9th.
7. For the election of delegates, every county containing a white population of less than half the ratio of representation for the house of delegates, shall, at each apportionment be attached to some contiguous county or counties, to form a delegate district.
8. When two or more counties are formed into a delegate district by the legislature, they shall provide by law that the delegates to be chosen by the voters of the district shall be, in rotation, residents of each county, for a greater or less number of terms, proportioned, as nearly as can be conveniently done, according to the white population of the several counties in the district.
9. After every census hereafter taken by authority of the United States, the delegates shall be apportioned as follows:
The ratio of representation for the house of delegates shall be ascertained by dividing the whole white population of the State by the number of which the house is to consist, and rejecting the fraction of a unit, if any, resulting from such division.
Dividing the white population of every delegate district, and of every county not included in a delegate district, by the ratio thus ascertained, there shall then be assigned to each a number of delegates equal to the quotient obtained by this division of its white population, excluding the fractional remainder.
The additional delegates which may be necessary to make up the number of which the house is to consist shall then be assigned to those delegate districts, and counties not included in a delegate district, which would otherwise have the largest fractions unrepresented. But every delegate district, and county not included in a delegate district, shall be entitled to at least one delegate.
10. Until a new apportionment be declared, the counties of Pleasants and Wood shall form the 1st delegate district; Calhoun and Gilmer the 2nd; Clay and Nicholas the 3rd; Webster and Pocahontas the 4th; Tucker and Randolph the 5th; and McDowell, Wyoming and Raleigh the 6th. The 1st delegate district shall choose two delegates, and the other five one each.
11. The delegates to be chosen by the 1st delegate district shall, for the first term be both residents of the county of Wood, and for the 2nd term one shall be a resident of Wood and the other of Pleasants county, and so in rotation. The delegate to be chosen by the 2nd delegate district shall, for the first term, be a resident of Gilmer, and for the second, of Calhoun county. The delegate to be chosen by the 3rd delegate district shall, for the first two terms, be a resident of Nicholas and for the third term of Clay county. The delegate to be chosen by the 4th delegate district shall, for the first two terms, be a resident of Pocahontas, and for the third term of Webster county. The delegate to be chosen by the 5th delegate district shall, for the first three terms by a resident of Randolph, and for the fourth term of Tucker county. And the delegate to be chosen by the 6th delegate district shall for the first term to be a resident of Raleigh, for the second term of Wyoming, for the third term of Raleigh, for the fourth term of Wyoming, and for the fifth term of McDowell county - and so, in each case, in rotation.
12. Until a new apportionment be declared, the apportionment of delegates to the counties not included in delegate districts shall be as follows:
To Barbour, Boone, Braxton, Brooke, Cabell, Doddridge, Fayette, Hancock, Jackson, Lewis, Logan, Mason, Mercer, Putnam, Ritchie, Roane, Taylor, Tyier, Upshur, Wayne, Wetzel and Wirt counties, one delegate each.
To Harrison, Kanawha, Marion, Marshall, Monongalia, and Preston counties, two delegates each.
To Ohio county, -three delegates.
To Greenbrier and Monroe counties together, three delegates; of whom, for the first term, two shall be residents of Greenbrier, and one of Monroe county; and for the second term, two shall be residents of Monroe and one of Greenbrier county; and so in rotation.
13. If the counties of Pendleton, Hardy, Hampshire and Morgan become part of this State, they shall, until the next apportionment, constitute the tenth senatorial district, and choose two senators. And if the counties of Frederick, Berkeley and Jefferson become part of the State, they shall, until the next apportionment, constitute the eleventh senatorial district and choose two senators. And the number of the senate shall be, in the first case, twenty, and in the last twenty-two, instead of eighteen.
14. If the seven last named counties become part of this State, the apportionment of delegates to the same, shall, until the next apportionment, be as follows: To Pendleton and Hardy, one each; to Hampshire, Frederick and Jefferson two each; and the counties of Morgan and Berkeley shall form the seventh delegate district, and choose two delegates; of whom, for the first term, one shall be a resident of Berkeley and the other of Morgan county; and for the second term, both shall be residents of Berkeley county, and so in rotation.
But if the counties of Pendleton, Hardy, Hampshire and Morgan become part of this State, and Frederick, Berkeley and Jefferson do not, then Pendleton, Hardy, and Morgan counties shall each choose one delegate, and Hampshire two, until the next apportionment.
The number of the house of delegates shall, instead of forty-seven, be in the first case, fifty-seven, and in the last case, fifty-two.
15. The arrangement of the senatorial and delegate districts and apportionment of delegates shall hereafter be declared by law, as soon as possible after each succeeding census taken by authority of the United States. When so declared, they shall apply to the first general election for members of the legislature to be thereafter held, and shall continue in force, unchanged, until such districts be altered, and delegates be apportioned under the succeeding census.
16. No new county shall be formed having an area of less than four hundred and fifty square miles. Nor shall a new county be formed if another county be thereby reduced below that area; or if any territory be thereby taken from a county containing less than four hundred and fifty square miles.
And no new county shall be formed containing a white population of less than four thousand. Nor shall a new county be formed if the white population of another county be thereby reduced below that number; or if any county containing less than four thousand white inhabitants be thereby reduced in area. But the legislature may, at any time, include any county containing less than four thousand white inhabitants within an adjoining county or counties as part thereof.
17. Additional territory may be admitted into and become part of this State, with the consent of the Legislature thereof. And in such case, the legislature shall provide by law for the representation of the white inhabitants thereof in the senate and house of delegates, in conformity with the principles set forth in this Constitution. And the number of members of which each branch of the legislature is to consist, shall thereafter be increased by the representation assigned to such additional territory.
18. The legislature shall have power to provide for a registry of voters, and to prescribe the manner of conducting and making returns of elections, and of determining contested elections. They shall have power to pass all laws necessary or proper to prevent intimidation, disorder or violence at elections, or corruption or fraud in voting.
19. No person shall be a senator who shall not have attained to the age of twenty-five years; or who shall not have resided within the senatorial district for which he was chosen two years next preceding his election. And no person shall be a delegate who was not, at the time of his election, en- titled to vote in the delegate district or county for which he was chosen.
Nor shall any person holding an office of profit under this State or the United States be a member of either branch of the legislature.
No person who may have collected, or been entrusted with public money, whether state, county, township or municipal, shall be eligible to the legislature, or to any office of honor, trust or profit, under this State, until he shall have duly accounted for and paid over such money according to law. If a senator or delegate remove from the district or county, for which he was chosen, his office shall be thereby vacated.
20. Any citizen of this State, who shall, after the adoption of this Constitution, either in or out of the State, fight a duel with deadly weapons, or send or accept a challenge so to do; or who shall act as second, or knowingly aid or assist in such duel, shall ever thereafter be incapable of holding any office of honor, trust or profit under this State.
21. The legislature shall meet once in every year, and not oftener, unless convened by the governor. Unless another time be prescribed by law, the regular session shall begin on the third Tuesday of January.
22. The governor may convene the legislature by proclamation, whenever, in his opinion, the public safety or welfare shall require it. It shall be his duty to convene them, on application of a majority of members elected to each branch.
23. The seat of government shall be at the city of Wheeling, until the legislature shall establish a permanent seat of government by law.
24. When, by reason of war, insurrection, contagious or epidemic diseases, or for other cause, the legislature, in the opinion of the governor, cannot safely meet at the seat of government, the governor, by proclamation, may convene them at another place.
25. No session of the legislature, after the first, shall continue longer than forty-five days, without the concurrence of three-fifths of the members elected to each branch.
26. Neither branch, during the session shall adjourn for more than two days, without the consent of the other. Nor shall either, without the consent of the other, adjourn to any other place than that in which the legislature is then sitting.
27. Each branch shall be the judge of the elections, qualifications and returns of its own members.
28. A majority of each branch shall constitute a quorum to do business. But a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner as shall be prescribed by law.
29. The senate shall choose from their own body a president, and the house of delegates one of their own number as speaker. Each branch shall appoint its own officers and remove them at pleasure; and shall determine its own rules of proceeding.
30. Each branch may punish its own members for disorderly behavior; and, with the concurrence of two-thirds of the members present, expel a member, but not a second time for the same offense.
31. Each branch shall have the power necessary to provide for its own safety, and the undisturbed transaction of its own business, and may punish, by imprisonment, any person, not a member, for disrespectful behavior in its presence; for obstructing any of its proceedings, or any of its officers in the discharge of his duties; or for any assault, threatening or abuse of a member for words spoken in debate. But such imprisonment shall cease at the termination of the session, and shall not prevent the punishment of any offense by the ordinary course of law.
32. For words spoken in debate, or any report, motion or proposition made, in either branch, a member shall not be questioned in any other place.
33. Members of the legislature shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during the session, and for ten days before and after the same.
34. Senators and delegates shall receive for their services a compensation not exceeding three dollars a day during the session of the legislature, and also ten cents for every mile they shall travel in going to and returning from the place of meeting, on the most direct route. The president of the senate and speaker of the house of delegates shall, respectively, receive an additional compensation of two dollars a day.
35. Bills and resolutions may originate in either branch, to be approved, amended or rejected by the other.
36. No bill shall become a law until it has been fully and distinctly read, on three different days, in each branch; unless in cases of urgency, three-fourths of the members present dispense with this rule.
37. No law shall embrace more than one object, which shall be expressed in its title.
38. On the passage of every bill, the vote shall be taken by yeas and nays, and be entered on the journal; and no bill shall be passed by either branch without the affirmative vote of a majority of the members elected thereto.
39. The presiding officers of each branch shall sign, prior to adjournment, all bills and joint resolutions passed by the legislature.
40. Each branch shall keep a journal of its proceedings, and cause the same to be published from time to time; and the yeas and nays on any question, if called for by one-fifth of those present, shall be entered on the journal.
41. The legislature, in cases not provided for in this Constitution, shall prescribe by general laws the terms of office, powers, duties and compensation of all public officers and agents, and the manner in which they shall be elected, ap- pointed and removed. They shall provide, by general laws, for the removal of officers, by impeachment or otherwise.
42. No extra compensation shall be granted or allowed by the legislature to any public officer, agent or contractor, after the services shall have been rendered, or the contract entered into. Nor shall the salary or compensation of any public officer be increased or diminished during his term of office.
43. Any officer of the State may be impeached for mal- administration, corruption, incompetency, neglect of duty or any high crime or misdemeanor.
The house of delegates shall have the sole power of impeachment. The senate shall have the sole power to try impeachments. When sitting for that purpose, the senators shall be on oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in case of impeachment shall not extend further than to removal from office, and disqualification to hold any office of honor, trust or profit under the State; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment according to law.
The senate may sit during the recess of the legislature for the trial of impeachments.
44. No act to incorporate any joint stock company, or to confer additional privileges on the same, shall be passed, unless public notice of the intended application for such act be given under such regulations as shall be prescribed by law.
45. 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.
46. The legislature shall not grant a charter of incorporation to any church or religious denomination; but may provide by general laws for securing the title of church property so that it shall be held and used for the purposes intended.
47. The legislature shall confer on the courts the power to grant divorces, change the names of persons, and direct the sales of estates belonging to infants and other persons under legal disabilities; but shall not, by special legislation, grant relief in such cases.
48. The legislature shall pass laws to protect the property of the wife against the acts and debts of the husband.
49. No Convention shall be called, having authority to alter the Constitution of the State, unless it be in pursuance of a law passed by the affirmative vote of a majority of the members elected to each branch of the legislature, and providing that polls shall be held throughout the State, on some day therein specified, which shall be not less than three months after the passage of such law, for the purpose of taking the sense of the voters on the question of calling a Convention. And such Convention shall not be held unless a majority of the votes cast at such polls be in favor of calling the same; nor shall members be elected to such Convention, until at least one month after the result of the polls shall be duly ascertained, declared and published. And all acts and ordinances of said Convention shall be submitted to the voters of the State for ratification, or rejection, and shall have no validity whatever until they are ratified, and in no event shall they by any shift or device, be made to have any retrospective operation or effect.
50. And amendment to the Constitution of the State may be proposed in either branch of the legislature; and if the same, being read on three several days in each branch, be agreed to, on its third reading, by a majority of the members elected thereto, the proposed amendment, with the yeas and nays thereon, shall be entered on the journals, and referred to the legislature at the first session to be held after the next general election; and shall be published, at least three months before such election, in some newspaper in every county in which a newspaper is printed. And if the proposed amendment be agreed to, during such session, by a majority of the members elected to each branch, it shall be the duty of the legislature to provide by law for submitting the same to the voters of the State, for ratification or rejection. And if a majority of the qualified voters, voting upon the question, at the polls held pursuant to such law, ratify the proposed amendment, it shall be in force, from the time of such ratification, as part of the Constitution of the State.
If two or more amendments be submitted at the same time to the voters of the State, they shall be submitted in such manner that the vote on the ratification or rejection thereof shall be taken on each of the proposed amendments separately.
51. The legislature may make laws regulating or prohibiting the sale of intoxicating liquors within the limits of this State.
52. The legislature shall pass general laws whereby any number of persons associated for mining, manufacturing, insuring, or other purpose useful to the public, excepting banks of circulation and the construction of works of internal improvement, may become a corporation, on complying with the terms and conditions thereby prescribed; and no special act incorporating, or granting peculiar privileges to any joint stock company or association, not having in view the issuing of bills to circulate as money or the construction of some work of internal improvement, shall be passed, except where the object cannot be attained under such general laws. But no company or association, authorized by this section, shall issue bills to circulate as money. And no charter of incorporation shall be granted under such general laws, unless the right be reserved to alter or amend the same at the pleasure of the legislature, to be declared by general laws.
53. The whole number of members to which the State may at any time be entitled in the House of Representatives of the United States, shall be apportioned as nearly as may be among the several counties of the State, according to their respective numbers; which shall be determined by adding to the whole number of free persona, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons.
54. In the apportionment, the State shall be divided into districts, corresponding in number with the representatives to which it may be entitled in the House of Representatives of the Congress of the United States, which shall be formed respectively of contiguous counties, be compact, and include, as nearly as may be, an equal number of the population, upon which is based representation in the House of Representatives of the United States.
Upon the reading of the report, Mr. Dille moved to amend in line 2 by striking out "delegates" and substituting "representatives."
The motion was not agreed to.
Mr. Lamb moved to amend the second section by striking out all *after the word "year," in the 10th line to the end of the sentence, which motion was adopted.
*See note Vol. II, page 219.
And, on motion of Mr. Lamb, the last sentence of the 2nd section was stricken out.
Mr. Stuart of Doddridge, moved to strike out the words "or otherwise," in the 34th line, which was disagreed to.
Mr. Irvine moved to amend the 86th line, by inserting after the word "Gilmer," the word "Wirt," and the 88th line by inserting after the word "1st," the words "and 2nd," and the 89th line, by inserting after the word "shall," the word "each," and strike out "five," and insert "four."
Pending the consideration of which, the Convention, at the usual hour, took a recess.
The Convention reassembled.
The amendment of Mr. Irvine, pending when the Convention took a recess, was rejected.
Mr. Hoback moved to amend by striking out of the 88th line the word "McDowell," which was disagreed to.
Mr. Stephenson of Clay, moved to strike out the whole of the 1st section, and upon this question the yeas and nays were demanded, and the demand being sustained, the motion was disagreed to - yeas 17, nays 22.
And, on motion of Mr. Stephenson of Clay, the vote was recorded, as follows:
YEAS - Messrs. John Hall (President), Brown of Kanawha, Cook, Haymond, Hoback, Hagar, Irvine, Lamb, Montague, Powell, Robinson, Ryan, Stephenson of Clay, Soper, Walker, Warder, Wilson - 17.
NAYS - Messrs. Brown of Preston, Brumfield, Chapman, Caldwell, Carskadon, Dering, Dille, Dolly, Hubbs, Hervey, Lauck, Montague, Parsons, Pomeroy, Sinsel, Simmons, Stevenson of Wood, Stewart of Wirt, Smith, Taylor, Trainer, Van Winkle - 22.
Mr. Hoback moved to strike out all after the word "county," in the 104th line, to the end of the 109th line, which was rejected.
Mr. Stephenson of Clay, moved to strike out the third sentence of the 11th section, which was disagreed to.
Mr. Lauck moved to amend the 119th line so as to require the city of Wheeling to elect two delegates, and the county of Ohio one delegate, which was decided in the negative.
On motion of Mr. Lamb the 16th section was transferred to the report of the Committee on County Organization.
Mr. Brown of Kanawha, moved to strike out the 18th section, which was disagreed to.
By general consent the word "two," in the 193rd line, was stricken out and the word "one" inserted.
Mr. Lamb moved to amend the 18th section by striking out all after the word "Ohio," in the 194th line, to the word "the" in the 195th line, and insert in the blank the words "shall not have resided within," and to add, at the end of the section, the following: "one year next proceeding his election."
Mr. Brown of Kanawha, moved to insert after the word "United States," in the 198th line, the following: "any minister or priest of a religious denomination; any salaried officer of a banking corporation or company."
A division being called for, the yeas and nays were demanded upon inserting the words "any minister or priest of a religious denomination," which being sustained the amendment was rejected - yeas 16, nays 28.
And, on motion of Mr. Brown of Kanawha, the vote was recorded as follows:
YEAS - Messrs. John Hall (President), Brown of Kanawha, Brumfield, Caldwell, Carskadon, Dering, Dille, Harrison, Hubbs, Hoback, Irvine, Montague, O'Brien, Sinsel, Stephenson of Clay, Warder - 16.
NAYS - Messrs. Brooks, Chapman, Cook, Dolly, Hansley, Haymond, Hervey, Hagar, Lamb, Lauck, McCutchen, Parsons, Powell, Parker, Paxton, Pomeroy, Ryan, Simmons, Stevenson of Wood, Stewart of Wirt, Stuart of Doddridge, Sheets, Soper, Taylor, Trainer, Van Winkle, Walker, Wilson - 28.
The question then being upon inserting the words "any salaried officer of a banking corporation or company," the yeas and nays were demanded, and the demand receiving a second, the amendment was rejected - yeas 12, nays 29.
And, on motion of Mr. Brown of Kanawha, the vote was recorded as follows:
YEAS - Messrs. Brown of Kanawha, Brumfield, Caldwell, Carskadon, Dering, Dille, Hoback, Montague, O'Brien, Sinsel, Stephenson of Clay, Taylor - 12.
NAYS - Messrs. John Hall (President), Brown of Preston, Brooks, Chapman, Dolly, Haymond, Hubbs, Hervey, Hagar, Irvine, Lauck, McCutchen, Parsons, Powell, Parker, Paxton, Pomeroy, Ryan, Simmons, Stevenson of Wood, Stewart of Wirt, Stuart of Doddridge, Sheets, Soper, Trainer, Van Winkle, Walker, Warder, Wilson - 29.
Mr. Powell moved to add after the word "profit," in the 213th line, the words "or of exercising the right of suffrage in this State," which was disagreed to.
Mr. Stevenson of Wood moved to strike out the word "city of Wheeling," in the 223rd line, and insert "town of Parkersburg."
Mr. Sinsel moved to amend the amendment by inserting "town of Grafton."
Mr. Harrison asked for a division; and the question being first put upon striking out, it was determined in the negative.
And, on motion of Mr. Trainer, the Convention adjourned.
Chapter Eleven: First Constitutional Convention of West Virginia
