Prayer by Rev. R. L. Brooks of the M. E. Church (member from Upshur).
Minutes read and approved.
THE PRESIDENT. The Chair will now report the committee under the resolution of Saturday, on the boundaries of the State. It will consist of the following gentlemen: Messrs. Stuart, Sheets, Dolly, Walker, Simmons, Brown of Kanawha, Willey, Lamb and Van Winkle.
MR. PAXTON. I was going to inquire, sir, whether the report of the Committee on Fundamental and General Provisions is now before the Convention.
MR. VAN WINKLE. It is not.
MR. BROWN of Kanawha offered the following for reference:
GENERAL PROVISIONS
RESOLVED, That private property ought not to be taken for public uses, without just compensation. And the legislature should prescribe by law the proper mode of ascertaining the damage sustained by each individual on the public account.
Mr. Stevenson of Wood from the Committee on Printing and Expenditures, on whom was imposed the duty of ascertaining and reporting the probable cost of reporting and publishing the debates of the Convention, presented the following:
REPORT
of the Committee on Printing and Expenditures, on the subject of reporting and printing the debates of the Convention.
The Committee on Printing and Expenditures having been instructed by the Convention to "inquire and report as to the propriety of employing a proper person or persons to report, officially, the debates of the Convention and the probable expense thereof, and of printing the same in book form," would respectfully report that in their opinion it is desirable that a competent person or persons should be employed to report the debates of the Convention, and also to have the same published in book form, provided the same can be done without unreasonable cost. In order that the Convention may be enabled to judge of the expense of the reporting and publishing, the Committee herewith present two proposals, one from Messrs. Campbell & McDermot for reporting and publishing the debates and proceedings of the Convention, and one from Messrs. Trowbridge & Downey for publishing the same. All of which is respectfully submitted.
W. E.
STEVENSON,
Chairman of Committee.
INTELLIGENCER OFFICE
Dec.
2,1861.
W. E. STEVENSON,
Chairman of Corn. on Printing and Expenditures.
SIR: - Below we annex propositions for publishing the debates and proceedings of the Constitutional Convention.
FOR 1000 COPIES - 500 PAGES
For
reporting, transcribing, proof-reading, etc., including a
complete index, at 60 cents per thousand ems....................$
791.40
For composition at 38 cents per thousand
ems......................521.22
For press work at 40 cents per
token......................................49.60
For paper (36 reams and 3
quires)........................................181.00
For binding and for pressing
sheets........................................400.00
........................................................................................$1,923.22
For 500
copies, 500
pages...............................................$1,800.00
For 1000 copies, 250
pages.............................................$ l,156.00
For 500 copies, 250
pages.................................................$
970.62
One-third to be paid on adjournment of Convention and the remainder on delivery of the work.
CAMPBELL
& M'DERMOT.
To W. E. STEVENSON, Esq.,
Chairman of Com. on Printing:
We, the undersigned, proprietors of the "Daily Press," hereby agree to do all printing and binding for the Convention on the division of the State on the same terms that we do the State printing, excepting the matter which comes under the head of plain printing, or plain composition, which we agree to do five per cent, less than we charge for printing for the State. All of which is respectfully submitted.
TROWBRIDGE & DOWNEY.
Probable
cost for one hundred copies of 200 pages each.
Composition.................................................................................................$114.00
Paper.................................................................................................................7.00
Press
work.......................................................................................................10.00
Folding, stitching and
binding.............................................................................25.00
.....................................................................................................................$156.00
FOR 500 COPIES
Composition..................................................................................................$114.00
Paper..................................................................................................................7.00
Press
work........................................................................................................10.00
Folding, stitching and
binding..............................................................................25.00
......................................................................................................................$156.00
Composition for each additional 100 pages, the cost will
be
about.....................................................................
$57.00
Additional binding for
same.......................................10.00
This is as near as we can estimate, as some of the matter will be in different type. Hence it is impossible to make it exact.
TROWBRIDGE & DOWNEY.
THE PRESIDENT. What disposition does the gentleman from Wood desire to make of the report?
MR. STEVENSON of Wood. I suppose that will be a matter for the Convention. My impression is however that the report and documents had better lie on the table and be made the special order for some time. It may lead to a good deal of discussion to understand the matter properly. If some gentleman will suggest an hour I will move to lay the report and accompanying documents on the table to be printed and made the special order for tomorrow morning.
The motion was agreed to.
MR. VAN WINKLE. As chairman of the only committee making the only report before the Convention for action, I would state that I did not propose myself to call it up this morning. The legislature must meet in this room in the course of half an hour, and it does not seem worth while to go into an important matter like that and leave it in fifteen minutes. A new place, it is true, has been provided for the sitting of the legislature, but their adjournment was to this I believe, and they must meet here in order to adjourn to the new place that is provided for them. I apprehend it would not be worth while to take up that or any other business like that to occupy any considerable time.
MR. RUFFNER. The legislature proposes to meet in another building.
MR. VAN WINKLE. My impression is the legislature cannot legally meet in any other building, having adjourned to meet in the Custom House. They must meet here and may then adjourn to meet in the other building. They were called together to meet "in the Custom House, in the city of Wheeling." They cannot therefore, meet legally in any other place. They can meet here and in five minutes adjourn to the other place; but here is the place of meeting if I understand it. I move therefore that we adjourn, but will withdraw it if any gentleman has anything to offer. I have understood they proposed meeting at 12 o'clock.
MR. PARKER. I have a communication to be referred.
He presented the following:
PUBLIC EDUCATION
WHEREAS, It has now become practically demonstrated, that virtue and general intelligence among the people, including some knowledge of the military art, is the only sure foundation on which Republican governments can rest, therefore
RESOLVED, That it shall be among the first duties of the general assembly, to make the amplest provisions the circumstances of the State will allow, for establishing and maintaining, throughout the State, a system of public free schools, with comfortable school houses, competent teachers and suitable books: the schools to be so located and conducted, as to be as accessible as the country will admit, and open to all free children; and by suitable legislation, insure the attendance of all free children of sufficient length of time at least, to learn to read and write, and the male portion the manual of arms and rudiments of the military art, together with the fundamental principles of our Federal and state governments.
SUPPORT OF PUBLIC SCHOOLS
That just proportion of the literary fund of the State of Virginia which this State shall be entitled to; all property accruing to the State by reason of escheats, fines, penalties, forfeitures and property derelict; all monies accruing to the State from confiscation or sequestration of the property of rebels residing within the boundaries of this State, after paying or indemnifying such loyal citizens of the State, who shall have been damaged by the present rebellion, and not otherwise indemnified; the one-half of the capitation tax to be levied and collected annually, as provided in this Constitution; and all such other monies as the general assembly shall appropriate to the purpose, to be levied on property, with all interest and income arising from the same, shall be applied to the establishment and maintenance of public free schools, to be distributed among the several counties, cities and towns, according to the number of free inhabitants in each.
Mr. Haymond moved the following:
RESOLVED, That the Secretary of this Commonwealth be requested to write to the proper authorities of the States of Ohio and Pennsylvania for copies of their constitutions and laws in relation to free schools for the use of this Convention.
MR. VAN WINKLE. I could state, sir, that the constitutions in another form can be purchased at the bookstores - the constitutions of all the states. It would be some time before they could be got here; besides it would be calling on these states to have official copies made.
MR. LAMB. There is I believe a full digest of the laws of Ohio just below here. I do not know whether there is such a one of Pennsylvania or not. They certainly can be procured some place in town.
MR. STEVENSON of Wood. I presume the only thing necessary to be got in that case would be the school law. I have two volumes of them.
MR. LAMB. The laws of Ohio?
MR. STEVENSON of Wood. There is nothing, in brief, but two very short sections on that subject, of education and I can furnish both of them to the committee. It would be almost impossible to get these things as proposed in time to be of use to the Convention, if we adjourn in the time now contemplated.
MR. SINSEL. I have a report from the board of education of Massachusetts, complete. Any member of the Convention that desires it can have the use of it.
MR. VAN WINKLE. Give it to the committee on that subject.
THE PRESIDENT. Does the gentleman from Marion desire a vote on his proposition?
MR. HAYMOND. Yes, sir.
The resolution was rejected.
MR. STEVENSON of Wood. I have a paper, Mr. President, which I desire to go to the Committee on Education, without reading:
EDUCATION
1. The legislature shall as soon as conveniently may be, provide by law for the establishment of a system of public free schools throughout the State, in such manner as to make education as nearly universal as possible.
2. It shall cause the several cities, counties and towns, to be laid off in districts of convenient size, shall establish free schools therein, and authorize the tax payers and heads of families, to elect directors for the same, whose numbers and duties shall be defined by law.
3. The sources of increase now provided by law, for the augmentation of what is now known as the Literary Fund, shall be continued, and the permanent capital and the revenue arising therefrom, shall be used for the purposes of free school education and for no other object whatever.
4. All lands and other property, which have been, or may hereafter be given, granted or bequeathed to the State, to counties, cities, towns, colleges, academies, schools, school districts, individuals, or communities, for the purposes of education or the promotion of the arts and sciences, and the proceeds thereof shall be consecrated, held invested and applied for the subjects, and in accordance with such gifts, grants or bequests, and for no other purpose.
MR. POWELL offered the following:
WHEREAS, When the legislatures of some of the States have made laws restraining or forbidding the sale of intoxicating liquors, the courts have decided that such legislation was unconstitutional.
THEREFORE, RESOLVED, That the Committee on the Legislation Department be requested to take into consideration the propriety of inserting the following, or some similar provision in the Constitution:
The legislature may make laws regulating or prohibiting the sale of intoxicating liquors within the limits of this Commonwealth, or in any of the counties thereof, or in any corporation within the State, when such legislation is demanded by the citizens thereof; and the legislature may submit such laws to the people of the State, county or corporation, as the case may be, for their ratification or rejection, at the ballot box.
MR. HARRISON, the following:
RESOLVED, That the duties of every office shall be discharged by the holder thereof in person.
MR. PARSONS, the following:
RESOLVED, That the Committee on Education inquire into the expediency of the banks of this State contributing from their net dividends, at least one-half of one per cent, for the purposes of education.
RESOLVED, That the Committee on Education inquire into the expediency of setting apart for the purposes of education all fines and recoveries for the use of the State, on recognizances or otherwise.
MR. BROWN of Preston, the following:
Taxation shall be equal and uniform throughout the Commonwealth, and the mode of levying taxes shall be by valuation; so that every person shall pay a tax in proportion to the value of the property he owns or has in his possession. Such value shall be ascertained in such manner as shall be prescribed by law.
MR. SINSEL, the following:
1. The legislature shall provide for a system of free schools throughout the Commonwealth. It shall cause each county and city, to be divided into convenient school districts, and cause a school house to be built in each, of suitable dimensions.
2. There shall be a board of education, which shall consist of the governor and secretary of the Commonwealth, and four persons appointed by them, each to hold office for the term of four years from the time of their appointment, one retiring each year in the order of appointment; and the governor and secretary shall fill all vacancies in the board which may occur from death, resignation, or otherwise. The board may appoint its own secretary.
3. The board may take and hold to it and its successors, in trust for the Commonwealth, any grant or devise of lands, any donation or bequest of money or other personal property, made to it for educational purposes; all fines and forfeitures; all of the waste and unappropriated lands within the Commonwealth, and all of the revenue arising from the capitation tax; and shall forthwith pay over to the treasurer of Commonwealth, for safe keeping and investment, all money and other personal property so received. The treasurer shall from time to time invest all such money in the name of the Commonwealth, and shall pay to the board on the warrant of the governor, the income or principal thereof, as it shall from time to time require; but no disposition shall be made of any devise, donation or bequest, inconsistent with the conditions or terms thereof.
MR. VAN WINKLE. If there are no more of these papers to be offered, I would suggest that the Committee on Boundary has not yet been able to come to a conclusion on that subject, and it seems to be governed by the action of other committees. Other committees are sitting and have appointed meetings this afternoon, but the legislature is about to meet and several members are members of that body and would like to be present on the first day. I was therefore about to move that the Convention should adjourn instead of taking a recess until two o'clock; because I apprehend the business will be better forwarded by giving the committees an opportunity to be at work, than by sitting here without anything before us. There will be a slim attendance here anyhow, as most of the members will desire to be in the legislature to hear the governor's message read. I therefore make that motion.
The motion was agreed to and the Convention adjourned.
Chapter Eleven: First Constitutional Convention of West Virginia
