The Wheeling Daily Register

West Virginia Legislature.

Wednesday, February 20.

SENATE.

IN SENATE.

A message from the House, by Mr. FERGUSON, announced the passage of House Joint Resolution No. 14. "Relating to the preparation of the Code of West Virginia."

Nothing was done with the resolution.

The President laid before the Senate a letter from Mr. Josiah Creasey, Principal of the Wheeling Commercial College, inviting the members to visit said College this evening at eight o'clock, which, on motion of Mr. BURDETT, was accepted.

Mr. MAHON, from the committee on Townships, &c., reported a bill to amend and re-enact secs. 1 and 2, chap. 47, Code of 1863, in regard to notices for new counties. Read first time.

A message from the House, by Mr. NEIL, announced the passage of the House Bill, prescribing how the general school fund shall be apportioned to certain counties in 1867. Read first time.

Mr. HOKE, from the committee on the Judiciary, reported adversely upon the resolution proposing to strike out section 22, article 4, of the Constitution. Report adopted.

Mr. HOKE presented the petition of S. H. Martin and one hundred and seventy-three others, citizens of Berkeley county, in favor of the passage of the railroad bill. Tabled.

[Mr. HOKE, on yesterday, presented the petition of Hon. E. B. Hall and thirty-three others, remonstrating against the passage of said bill, which was also tabled.]

A message from the House by Mr. BURKE announced the passage of the bill to amend the law respecting the assessment of real estate. Read first time.

Mr. HOKE moved to suspend the regular order so as to reconsider the vote by which the railroad bill was indefinitely postponed. Disagreed to.

Mr. ZINN, from the committee on Finance, reported a bill for the relief of Edith Martin, executrix of James Martin, deceased. Read first time.

The special order for 10½ o'clock (the Capital bill) was postponed until to-morrow at 11 o'clock.

Mr. HOKE introduced a bill in relation to the recognizance of witnesses in certain cases, and a bill in relation to presentments and indictments for statutory misdemeanors. Read first time, and, under a suspension of the rules, ordered engrossed.

A message from the House, by Mr. MANN, announced the passage of a bill suspending the payment of taxes in Greenbrier county. Read first time.

Several other messages were received from the House, announcing the passage of various bills.

The following Senate Bills were passed: Incorporating the W. Va. Transportation Company, and refunding the money paid by Jefferson and Berkeley counties as direct tax.

On motion of Mr. HAGAR, the vote by which the bill locating the county seat of Wayne county at Ceredo, was ordered engrossed, was reconsidered, and the bill referred to the committee on Townships, &c.

The following House bills were passed: Authorizing the council of the town of Wellsburg to close a certain alley in said town; permanently locating the county seat of Boone county, and providing for the erection of public buildings; in relation to the assessment and collection of the taxes in Monroe county for the years 1865-6; authorizing the trustees of the town of Malden, to convey the same; repealing the act to incorporate the Charleston and Winchester Railroad Company; and authorizing L. D. Pifer to raise his mill dam.

The following bills were tabled: For the relief of Braxton county; for the relief of the heirs of Edward McGuire; transferring to the county of Cabell that portion of the James River and Kanawha Turnpike, lying within said county; and the bill to protect birds and other game in this State.

Mr. BURDETT moved that the regular order be suspended so as to reconsider the vote by which the railroad bill was indefinitely postponed. Agreed to.

Mr. BURDETT then moved that the said vote be reconsidered. But the PRESIDENT decided the motion out of order, as parliamentary law prescribed that where a bill had been indefinitely postponed, it could not be again considered the same session.

Adjourned.

HOUSE OF DELEGATES.

The following bills were reported: A bill appropriating $3,000 to secure immigration; a bill appropriating $81,629.75 for the payment of certain military claims; a bill to release the militia from duty in time of peace.

Mr. HARRIS, from the special committee on the question of privilege in the case of James H. Ferguson, member of the House from Cabell county made the following report:

The question of privilege raised by Mr. Ferguson, called the attention of the House to an article published in the Wheeling Daily Register of the 28th of January last, as editorial matter, where he (the said Ferguson) was characterized as a "pardoned thief," and the privilege of the House invaded by the charge that its members were associated with and led by a "pardoned thief."

Your committee is free to express the opinion that the House would have considered the matter wholly unworthy of its notice, coming from as it did from a paper that has heretofore, on more than one occasion, published slanderous articles against members of both branches of the Legislature, and reiterated them, after they had been refuted to the satisfaction of all candid men; showing that it is conducted on the principal or maxim, that "a lie well stuck to is as good as the truth," but for the fact that, in this case, documentary evidence was produced, showing that said Ferguson stood indicted for the crime of grand larceny in the Circuit Court of Boyd county, Ky., in which indictment it was alleged that he did wilfully and feloniously take, steal and carry off a carpet-bag and contents, and an overcoat, the personal property of John M. Burns; and that at the April term of said Court, in the year 1866, he did procure the dismissal of said case then pending in said Court, by the production of a pardon from the Governor of the Commonwealth of Kentucky.

Your committee felt it to be its duty to investigate, as far as it was able to do so, the question of fact alleged in the indictment; as the relations between members of this House are such so far as their official duties and intercourse are concerned, that it being once established against any member that he is a "pardoned thief," then the charge against the whole membership of the House, as to association at least of an official character, would necessarily hold good.

Your committee desired to give the matter a fair, candid and thorough examination, for notwithstanding the implied endorsement of Mr. Ferguson by the loyal people of Cabell county, in choosing him as their representative in this House, and, notwithstanding the presumption of law, even though a man stand indicted for a crime, in favor of his innocence until his guilt shall have been shown by evidence, yet your committee could not shut its eyes to the fact that Mr. Ferguson's enlargement was procured by an act of Executive clemency, nor to the spontaneous conclusion that must arise in the mind of every man, that this fact, unexplained, carries in it an implied confession of guilt.

Mr. Ferguson's accuser, the proprietor of the REGISTER, was applied to by the committee, through its Chairman, in the accompanying correspondence, (marked A. B. C. D and E.) to furnish evidence, but, as the letter marked "E" elicited no response, and as more than a week has elapsed since it was sent to him, your committee feels warranted in the conclusion that he was willing to rest the matter on the documentary evidence to which reference has been made.

Mr. Ferguson was also requested to furnish any evidence he could to exculpate himself, but has furnished but little that your committee can accept as evidence. The evidence of Capt. Ramsdale, who saw the parties come off the boat on which the crime is alleged to have been committed, tended to confirm the statement made by Mr. Ferguson to the House in regard to his condition, and also showed that the overcoat of Mr. Burns, alleged to have been stolen by said Ferguson, could have been of no value to him for his personal use, as it was much too small for him to wear.

It is perhaps the duty of your committee to state that, upon his own request, Mr. Ferguson was permitted to make the committee a statement under oath, in regard to the matter; but that no part of this statement can claim the weight of evidence, except the admission of the fact that he did consent to the use of the pardon referred to, to procure his dismissal from the custody of the Court.

Your committee are disposed to take Mr. Ferguson's statement of the affair, in regard to the circumstances attending it, so far as his condition is concerned, as true; but cannot accept the plea of intoxication as an excuse for crime.

In conclusion, your committee feel bound to say that, whilst Mr. Ferguson's accuser has failed to adduce any testimony to strengthen the documentary evidence which he has produced, Mr. Ferguson, on his part, has failed to produce any evidence to weaken the force of the documentary evidence produced by the editor of the REGISTER, in justification of his charge.

Your committee have thus endeavored to present a plain statement of the facts of the case, as far as they have been able to develop them, and it now remains for the House to determine whether any, and what further action it may be proper to take in the matter.

T. M. HARRIS,
J. W. CRACRAFT.
S. S. SPENCER,
Geo. Koonce.

The undersigned, members of the committee, concur in the following, viz: That, without deciding on the actual guilt or innocence of Mr. Ferguson, (a question that they have no means fully to investigate) they yet think that the legal aspect of the case, from the evidence before the committee is such that a proper regard for the honor of the House would lead Mr. Ferguson to disembarrass it of the implication now resting upon it, by resigning his seat.

T. M. HARRIS,
S. S. SPENCER,
J. M. BICKEL.

The joint resolution authorizing the Governor to appoint one or more persons to complete the codifying of the laws, was passed.

The following House Bills were passed: The bill authorizing Henderson H. Beall to build a mill-dam across Elk river, in Braxton county. The bill incorporating the Oxford and Greenwood Turnpike Company, in Doddridge county. The bill prescribing how the general school fund shall be apportioned to Pocahontas, Monroe and Greenbrier counties in 1867. The bill to amend the law respecting the assessment of real estate. The bill amending the law relating to river improvements, locks, dams, etc. The bill suspending the payment of taxes in Greenbrier county, for 1865. The bill appropriating $400 to pay Wm. S. Robinson for expenses incurred in recruiting men to fill up the quota of the 37th sub-district of this State. The bill appropriating $415.83 for Jacob B. Roger, late Superintendent of the Stanton Turnpike. The bill authorizing the transfer of Brooke county Academy to the Board of Education of Wellsburg. The bill to incorporate the town of Elizaville, Kanawha County. The bill to amend and re-enact the charter of the Elk River Turnpike Company. The bill allowing to Fayette county her quota of the general school fund for 1856, in addition to that for 1867. The bill establishing the county of Lincoln out of parts of the counties of Cabell, Putnam, Kanawha and Boone. The bill amending the charter of the East River and Princeton Turnpike Company, of Mercer county, so as to authorize the contractors of said road to make it twelve feet wide.

The consideration of the Registration bill was made the special for to-morrow morning at eleven o'clock.

House took a recess.

AFTERNOON SESSION.

The report of the committee on the question of Privilege in the Ferguson case was taken up.

An extended discussion ensued upon the report. The members of the committee said it had been a disagreeable task, but they had endeavored to do their duty.

Mr. WHEAT said the report amounted to nothing; the House knew Mr. Ferguson had been indicted and pardoned; what we wanted to know was whether the man was guilty; if he was guilty not as an honorable body of men sit on the same floor with him; he did not believe he was guilty, and would vote for the rejection of the report.

Mr. CUNNINGHAM said Mr. Ferguson had admitted his guilt, before the question had been submitted to the committee; we had too many pardoned men in the land now; the gentleman appeared to have been on all sides of the question, and as he told us the other day, he had received a letter from a woman he styled his wife, who was a rebel; he had his doubts as to his loyalty. The committee had done their duty, and we should meet the question fairly and adopt it.

Mr. FERGUSON made an extended speech; he said designing men had gotten up the whole affair for personal and political ends. He had on a former occasion gone into the details of the case; he stood to-day as guiltless of crime as any man. If the report and recommendation were adopted he would not resign.

After further debate, on motion of Mr. CARROLL, the report was indefinitely postponed by the following vote:

YEAS—29: Messrs. Armstrong, Ballard, Beeson, Billmeyer, Brown, (of Ohio), Burke, Caldwell, Carroll, Davisson, Harman, Hibbets, Johnson, Kellar, Kincaid, Koonce, Lamb, Lane, Lightburn, Little, Marshman, McCarty, M'Quilkin, Neel, Payne, Smith (of Brooke), Smith (of Berkeley,) Snider, Wheat and Work.

NAYS—19: Messrs. Pinnell, (Speaker), Bee, Bickel, Bowyer, Cracraft, Cunningham, Fleming, Gibson, Grose, Harris, Heermans, Hiser, Hofman, Mann, M'Whorter, Spencer, Taylor, Vaughan and Williamson.

House adjourned.