DOCUMENTS 
 DEPT. 
 
JOURNAL 
 
 OF T H K 
 
 Mtssottri State Cflnfante, 
 
 H E LD IN 
 
 JEFFERSON CITY, 
 
 , isea. 
 
 ST. LOUIS: 
 
 GEORGE KNAPP & CO., PRINTERS AND BINDERS. 
 1862. 
 
A 
 
 0PT. 
 
JOURNAL 
 
 OF THE 
 
 MISSOURI STATE CONVENTION, 
 
 HELD IN JEFFEBSON CITY, JUNE, 1862. 
 
 FIEST DAY. 
 
 MONDAY, June 2, 1862. 
 
 The Convention met in the hall of the 
 House of Representatives, at Jefferson 
 City, in pursuance of the following call of 
 the Hon. Hamilton R. Gamble, Governor of 
 the State of Missouri : 
 
 " EXECUTIVE DEPARTMENT, ) 
 City of Jefferson, Missouri. $ 
 
 The public exigencies, in my judgment, 
 require that the Convention of the State 
 should be convened, as well for the purpose 
 of dividing the State into Congressional 
 Districts, so that the number of Represent- 
 atives to which we are entitled may be reg- 
 ularly elected, as for the transaction of 
 other necessary business : Therefore, I, 
 HAMILTON R. GAMBLE, Governor of the State 
 of Missouri, do call the Convention of the 
 said State to assemble in the Capitol, in 
 the City of Jefferson, on the first Monday of 
 June next. 
 
 In testimony whereof, I have hereto set 
 my hand and caused the Great Seal of the 
 State to be affixed this twenty-eighth day 
 of April, in the year eighteen hundred and 
 sixty-two. 
 
 H. R. GAMBLE. 
 
 By the Governor: 
 
 M. OLIVER, Secretary of State." 
 
 Mr. JOHN H. SHANKLIN, member elect to 
 fill the vacancy occasioned by the death of 
 Jacob T. Tindall, of the 9th District, came 
 forward, presented his credentials, and was 
 sworn in as a member of this Convention. 
 
 The roll was called, when the following 
 members answered to their names : 
 
 Messrs. Allen, Bogy, Breckin ridge, Broad- 
 head, Brown, Collier, Comingo, Douglass, 
 Dunn. Henderson, Hitchcock, How, How- 
 ell, Jackson, Leeper, Linton, Long, McCor- 
 mack, McDowell, Meyer, Moss, Orr, Pome- 
 roy, Ray, Rowland, Shanklin, Smith of 
 St. Louis, Stewart, Waller, Welch, Wool- 
 folk, Vanbuskirk, and Mr. President 33. 
 
 There being no quorum present, on mo- 
 tion of Mr. Bogy the Convention adjourned 
 until 5 o'clock P. M. 
 
 EVENING SESSION. 
 
 The Convention met pursuant to ad- 
 journment. 
 
 The roll being called, the following ad- 
 ditional members answered to their names : 
 
 Messrs. Bush, Cayce, Doniphan, Eitzen, 
 Flood, Gravelly, Hall of B., Holmes, Hud- 
 gens, Irwin, Isbell, Jamison, Kidd, Marma- 
 duke, Marvin, Mats on, McClurg. McFerran, 
 
 982232 
 
Phillips, Pipkin, Rankin, Scott, Shackel- 
 ford of St. L Smith of L., and Zimmer- 
 man 58. 
 
 There being a quorum present, the Con- 
 vention proceeded to business ; when 
 
 Mr. ROWLAND offered the following reso- 
 lution, which was adopted : 
 
 Resolved, That Elder Thomas M. Allen 
 be and is hereby appointed Chaplain of 
 this Convention during its present session. 
 
 Mr. BROWN offered the following resolu- 
 tion, which was adopted : 
 
 Resolved, That the Secretary of this 
 Convention furnish each member thereof 
 with a copy of the late census of the State 
 of Missouri. 
 
 The President laid before the Convention 
 the following 
 
 MESSAGE FROM THE GOVERNOR. 
 
 Gentlemen of the Convention : 
 
 You have again been called together because 
 there is no other body in existence that can 
 adopt the measures which the present condi- 
 tion of the State demands. 
 
 In order to a proper understanding of our 
 condition, and to a judicious exercise of the 
 powers with which the Convention is clothed, it 
 may be profitable to glance rapidly at the events 
 which have occurred within the past year. 
 
 After the adjournment on the 22d day of 
 March, 3861, and after you had solemnly ex- 
 pressed the judgment of the people of the State 
 that there was no sufficient cause for disturb- 
 ing the relations existing between the State 
 and the United States, there was manifested on 
 the part of those exercising the executive and 
 legislative powers of the State a persistent pur- 
 pose to dissolve our connection with the Gene- 
 ral Government, and attach us to what is called 
 the Southern Confederacy. This purpose was 
 exhibited in acts tending to a military collision 
 between the State and General Government, 
 and finally produced the battle of Boonville on 
 the 18th day of June last. 
 
 From that time the Governor fled before the 
 military authority of the United States, charg- 
 ed as a citizen of the United States with trea- 
 son against his Government : other high execu- 
 tive officers and many of the members of the 
 Legislature being implicated in the same charge 
 of treason, in like manner fled, and abandoned 
 their offices. Thus it happened that when you 
 again assembled, in July last, you found the 
 State Government in ruins, with no magistracy 
 
 in a condition to exercise the powers which were 
 conferred upon them by the Constitution, in or- 
 der to maintain the peace of the State and the 
 security of the people. It was among the wise 
 orderings of a kind Providence that the Con- 
 vention should, at such a crisis, be in existence, 
 and capable of meeting the emergency. The 
 alternative was presented to you of allowing 
 the State Government to remain in ruins, with 
 anarchy universally prevailing, with no power 
 to preserve order, except as it might be exer- 
 cised by a soldiery chiefly from other States, or 
 attempting to rear again the Government of 
 the State, that the reign of law might be re-es- 
 tablished. You chose the latter, and organized 
 the Provisional Government. Your power to 
 do so cannot be successfully questioned. The 
 necessity for your action will be admitted by 
 every person who understands what was then 
 the condition of the State, and the wisdom of 
 your action would seem to be established by 
 the improvement that has since taken place in 
 our condition. 
 
 If we look back to the time of establishing 
 the Provisional Government, we will see such 
 a state of affairs as might well have justified a 
 feeling of despondency as to the restoration of 
 peace and order. Civil war was fully inaugu- 
 rated ; the popular mind was greatly inflam- 
 ed j disregard of law universally reigned ; 
 there was no military force to enforce law and 
 preserve order ; there were no arms belonging to 
 the State to put into the hands of a military force 
 if we had had one ; there was no money in the 
 treasury with which to purchase arms or subsist 
 soldiers ; there was no State credit upon which 
 to raise money ; and, moreover, a very large ma- 
 jority of all the public offices of the State were 
 in the hands of persons hostile to the Govern- 
 ment of the United States, sympathizing with 
 those engaged in the rebellion, and opposed to 
 your attempt to restore peace. Under such 
 circumstances, it was not surprising that some 
 should have despaired of the success of the ex- 
 periment to restore a quick and peaceful admin- 
 istration of the State Government. Yet it was 
 the only hope that was left to those who really 
 desired to preserve the State Government in ac- 
 tual operation. 
 
 In order to prepare a force to preserve the 
 peace of the State, a call was made for forty- 
 two thousand volunteers, on the 24th of August 
 last, to serve six months. After this call was 
 made, many hindrances were thrown in the 
 way of its being answered. Officers and men be- 
 longing to regiments in the service of the United 
 
States, depreciated the State service by repre- 
 senting the utter uncertainty of the men ever 
 receiving either their pay, clothing, or subsis- 
 tence. These representations were made, not 
 only by persons raising troops as Missouri vol- 
 unteers, but by others who were in regiments 
 belonging to other States, who desired to swell 
 their own ranks. Unfortunately the real state 
 of facts gave too much color of truth to 
 these representations, and rendered them the 
 more effectual hindrances to the raising the 
 number of volunteers called for. Still, more 
 than six thousand men volunteered, and were 
 organized into battalions and regiments, under 
 the act of 1859, which had been re-enacted by 
 the Convention. 
 
 As the recruiting advanced, the difficulty of 
 providing arms and subsistence became more 
 apparent, and as applications to the Command- 
 ing General of the Department for arms were 
 unavailing, it became necessary to have a per- 
 sonal conference with the authorities at Wash- 
 ington. By such conference, arms were ob- 
 tained, and the sum of $200,000 was advanced 
 by the United States, out of an appropriation 
 made in July last for the*purpose of aiding the 
 loyal citizens in States where rebellion existed. 
 With this comparatively small sum, the attempt 
 was to be made to provide the absolute neces- 
 saries required by the troops, particularly the 
 articles which could be purchased only with 
 cash. And it is proper here to bear testimony 
 to the patient fortitude with which they bore 
 the privations to which they were subjected. 
 It was plainly impossible to supply them out 
 of this sum with the full allowance to which 
 soldiers in the service of the United States are 
 entitled, and it became indispensably necessary 
 to practice the greatest economy in order to 
 provide them even with indispensable neces- 
 saries. One of the most painful duties 
 was to be obliged to listen to the recital of 
 their wants, with the knowledge that they 
 could not be promptly met. As the period ap- 
 proached at which they ought to be paid, the 
 difficulty of meeting their reasonable demands 
 for pay was to be met. Your ordinance, pass- 
 ed at the October session, provided for meeting 
 the expense of the whole force, by authorizing 
 the issue of Defence Warrants, not to exceed a 
 million of dollars. This measure relieved the 
 Executive from the apprehension of immediate 
 embarrassment, but was inadequate to the full 
 support of any considerable force for a long 
 pt-nod. It was plainly necessary that some 
 more permanent provision should be made in 
 
 order to make the force large enough TO be ef- 
 ficient, and at the same time free the State 
 treasury from a burden it could not bear. 
 
 In order to accomplish this end, another per- 
 sonal conference was sought with the President, 
 and, as the result, an arrangement was effected 
 under which the Government of the United 
 States undertook to bear all the expense of a 
 military force to be raised for the defence of 
 the State during the war, to be organized in the 
 manner provided for the organization of the 
 volunteers in the service of the United States. 
 It was thought that this arrangement would be 
 at once received by the troops already in the 
 service of the State as a guarantee of future, 
 certain and regular subsistence and pay, and 
 that they would promptly embrace the propo- 
 sition to organize under it. But as they were 
 already entitled to pay which they had not re- 
 ceived, and as many of them could not leave 
 their families to serve in distant parts of the 
 State during the war, it was found that they 
 hesitated to engage in the new service. 
 
 It was apparent that to have two classes of 
 troops at the same time in the service of the 
 State, one supported and paid by the United 
 States and the other by the State, would pro- 
 duce endless confusion and difficulty. The ex- 
 pense of the force organized under the act of 
 1859 was greatly enhanced by the great pro- 
 portion of officers allowed for the number of 
 men enlisted as privates. It was, therefore, 
 judged necessary to the interest of the State and 
 of the service, to pay off the six months' men 
 and disband them, in order that those who could 
 serve for the war might engage in the force 
 about to be raised and supported at the expense 
 of the United States. 
 
 The arrangement made with the President 
 gave an impetus to the enlistment of volunteers, 
 but a construction was given to the agreement 
 which required a whole company of eighty three 
 men to be raised before the men could be sub- 
 sisted, clothed and paid by the United States. 
 Although there had been received from the 
 United States an additional sum of $250,000, 
 it became apparent that this money would soon 
 be consumed in furnishing subsistence and 
 clothing to recruits until each company was 
 ready to be mustered into service with eighty- 
 three men. 1^ became necessary, therefore, to 
 have again a personal conference with the au- 
 thorities at Washington, in order to have the 
 agreement carried out in its true spirit. This 
 was effected, and the men were ordered to be 
 mustered into service singly as they were 
 
6 
 
 recruited, and to receive their subsistence and 
 clothing at once from the proper officers of the 
 United States. 
 
 When the military service of the State was 
 placed upon this basis, it was immediately ap- 
 parent that all difficulty in raising an adequate 
 force was removed. Authorities to raise regi- 
 ments and companies, and to raise recruits 
 generally, were given out, and all was progress- 
 ing well when Congress interposed and limited 
 the number to be paid to ten thousand men. 
 Orders had to be issued to stop recruiting, but 
 as the returns came in it has been found that 
 we have more than twelve thousand men, and 
 it remains to be known whether Congress will, 
 with the liberality which has characterized the 
 conduct of the Executive Department towards 
 us, provide for the payment of this excess. 
 When the order to stop recruiting was issued, 
 it found fragments of regiments which had to 
 be consolidated, often requiring several to make 
 a complete regiment. This necessity, of course, 
 produced dissatisfaction among persons who 
 had expected to command regiments, but found 
 themselves reduced to lower field officers in the 
 consolidated regiments. The duty of making 
 the consolidation, however, was unavoidable. 
 There are now fifteen regiments and two bat- 
 talions, with two batteries of artillery in the 
 field, all fully equipped and armed, ready to 
 serve in any portion of the State where an en- 
 emy may appear. The men are our own peo- 
 ple. The officers are chiefly selected from our 
 own citizens, and as all will be held respon- 
 sible for wrongs committed upon the people of 
 the State, there is every reason to anticipate that 
 the rights of the people will be respected. 
 
 It was a part of the arrangement made with the 
 President that, in order to preserve unity of 
 command, the Major General of the Depart- 
 ment should be commissioned Major General of 
 the State militia. Maj. Gen. Halleck is, there- 
 fore, the Major General of the Missouri State 
 Militia. The immediate command has been by 
 him turned over to Brigadier General Schofield, 
 of the volunteer service,commissioned Brigadier 
 of the State troops. He is a regularly educa- 
 ed and talented officer of the Army of the Uni- 
 ted States, distinguished in actual service, and 
 has rendered to the State very valuable assis- 
 tance in organizing our forces and selecting the 
 officers. 
 
 The other Brigadiers of the State militia are 
 Gen. Loan, Gen. Totten, and Gen. Brown, all 
 of whom have been selected on account of 
 their qualifications to command forces within 
 
 the State. Gen. Totten is known to the coun- 
 try as an officer of the regular army, who dis- 
 tinguished himself as an officer of artillery at 
 the battle of Wilson's Creek. 
 
 Considering the extent of the country to be 
 covered, the force is small, but they are capa- 
 ble of rapid movement, and can be soon con- 
 centrated wherever they are required. 
 
 This is given as a brief but sufficient state- 
 ment of what has been done to provide a 
 military force for the preservation of the peace 
 and order of the State, and it would be wrong 
 to conclude it without expressing a high sense 
 of the obligations we are under to the Govern- 
 ment of the United States for the promptitude 
 and liberality with which our most pressing 
 wants have been supplied. 
 
 In paying the troops that have been called 
 into service for six months, and in defraying 
 the expenses incurred in the support of that 
 force, there has been issued to the disbursing 
 officers the sum of $720,000 in Defence War- 
 rants, and there will have to be issued a further 
 amount, which may swell the aggregate to 
 $775,000. The amount in circulation has 
 already been reduced $100,000, by receipts 
 into the Treasury for the taxes of 1861 from 
 only forty-one counties. It will, therefore, be 
 seen that the whole amount issued will very 
 soon be absorbed. Most unfortunately for the 
 men who received this paper for their services, 
 efforts were too successfully made to depreciate 
 it, as well by those who were opposed to the 
 Government, as by those who sought only their 
 own profit by speculating in it. Thus, at one 
 time, it fell to seventy cents on the dollar, 
 and afterwards rose to eighty and eighty-five. 
 Yet its ultimate redemption is, in fact, better 
 secured than that of any bank paper in the State, 
 because it is receivable in payment of taxes 
 when the taxes of a single year would absorb 
 it all ; and it has a specific collateral security 
 oi bank stock pledged to its redemption. And, 
 moreover, the debt, was incurred in doing what 
 the United States Government was bound to do 
 that is, in defending the State against those 
 who were in insurrection against that Govern- 
 ment, and therefore that Government is bound 
 to bear the burden of this debt. This, no doubt, 
 will be attended to by the Senators and Repre- 
 sentatives of the State in Congress. Under 
 such circumstances, it is to be regretted that 
 the soldiers to whom the paper was issued 
 have been obliged by their necessities to submit 
 to the extortion of money-changers. 
 
 Turning now to the financial condition of the 
 
State, we find that the Provisional Government 
 commenced with a prospect as little flattering 
 as could well be conceived. 
 
 There was so small a sum in the Treasury, 
 and it subject to previous appropriations, that 
 it is right to call the Treasury empty. Our 
 credit was gone, because we had already failed 
 to pay our July interest. The sheriffs of counties 
 rather than attempt to collect the taxes of last 
 year, were resigning their offices, and such was 
 the state of the country that there appeared but 
 little ground to hope that money sufficient would 
 be collected to carry on the government. Even 
 now, after quiet has been restored in a large 
 part of the State, the Auditor reports that but 
 in forty-one counties have the Sheriffs receipted 
 for the tax books of 1861. These are charge- 
 able with revenue to the amount of $604,220, 
 and they have paid in $253,386. Besides this 
 sum, there has been received for licenses from 
 St. Louis county, $26,038, making an aggregate 
 of receipts for the taxes of 1861, of $279,425. 
 Of the amount paid into the Treasury, about 
 $100,000 has been paid in Defence Warrants. 
 
 Although it is impossible to present to you 
 an accurate statement of the amount of uncol- 
 lected taxes for the year 1861, it will be seen 
 that it must be very large, when from the forty- 
 one counties in which the Sheriffs have received 
 the tax books, $350,834 remains to be paid into 
 the Treasury, and there are seventy-three 
 counties in which the collection has not yet 
 been attempted. 
 
 As it is unknown how far the Convention 
 will feel itself required to deal with the financial 
 questions that belong to ordinary legislation, 
 no scheme of action will be submitted here with 
 a view to expedite the collection of the revenue 
 due the State. The officers in the different 
 counties are finding it more easy to make col- 
 lections as the peace of the country becomes 
 better established; and while there are still 
 many counties in which officers have not been 
 appointed, because in their disturbed condition 
 no suitable persons have been recommended, 
 yet the number is slowly diminishing, and with 
 the restoration of quiet will begin the collection 
 of revenue. 
 
 The Auditor will report to you the state of 
 the finances, and will make such suggestions 
 as, in his opinion, are important in relation to 
 the revenue. 
 
 You will see from this brief statement, that 
 the Provisional Government is not in a worse 
 condition, financially, than when it was estab- 
 lished. It is true that another instalment of 
 
 interest upon our bonds has become due and 
 is unpaid; but it may be assumed that the 
 holders of our bonds have not expected us 
 to pay the interest when the tide of war was 
 rolling over our State, and that they will not 
 find in our failure to pay, under such circum- 
 stances, any reason to doubt our purpose to pay 
 ultimately. % 
 
 Your ordinance, passed at your October 
 session, vacating the offices of those who 
 refused to take the oath of allegiance therein 
 prescribed, has occasioned numerous changes 
 among the holders of offices. There still re- 
 main many offices to be filled, as the progress 
 in obtaining information about persons suitable 
 to be appointed has been in some parts of the 
 State very slow. 
 
 So far as is known, the appointments have 
 given general satisfaction, and there is reason 
 to hope that the interests of the State have not 
 suffered by the change. 
 
 There is an ambiguity in this ordinance which 
 would now require too much time to state, but 
 which will need a short explanatory ordinance. 
 The matter will be brought to the attention of 
 some one of j r our committees. 
 
 In this glance at the principal operations of 
 the Provisional Government, it is hoped that 
 you will find the result to be that much good 
 and no evil has been done, either to the people or 
 to the principles of Constitutional Government. 
 
 In the largest part of the State, courts of 
 justice are open, and the law regularly admin- 
 istered. The people are generally pursuing 
 their ordinary vocations in peace and security, 
 and confidence is being gradually though slowly 
 restored. 
 
 It is (rue that in some parts of the State there 
 are yet disturbances, and crimes the most brutal 
 are perpetrated by outlaws, who would fain 
 conceal the base character of their enormities 
 by calling them guerrilla warfare. They can 
 propose to themselves no end but the gratifica- 
 tion of a fiendish malignity. Certainly neither 
 patriotism nor humanity can sanction their 
 conduct. It is believed that a sufficient force 
 is provided to compel them to peace. 
 
 Although our State has been visited by a class 
 of troops who came with feelings of hostility 
 to our people and to our institutions, and who, 
 under the guise of supporting the Union, per- 
 petrated enormous outrages upon our citizens, 
 yet successful measures have been adopted for 
 the security of our people and for the removal 
 of such troops, so as to relieve us from their 
 presence in the future. 
 
8 
 
 The thought has often presented itself, sug 
 gested by the conduct of such troops, that i 
 the armies which have marched over every par 
 of our State had come into and marched through 
 it as through a country that was altogether 
 hostile, we should have found ourselves now in 
 a country altogether desolated. 
 
 But i^may be ascribed to the Convention 
 and to the kindness of a controlling Providenci 
 using the Convention, that, although the State 
 has suffered greatly, it has not been entirely 
 ruined. 
 
 And if the effort to restore the State Govern- 
 ment should be entirely successful, and peace 
 and prosperity once more should be established 
 in the State, the praise will be given by a happy 
 people, first to God who rules all nations, and 
 under Him to the patriotism and wisdom of the 
 Convention which He has employed. 
 
 But the work is not yet completed, and still 
 demands that all the wisdom and energy of all 
 the true friends of the State should be employed 
 in harmonious counsel and united action in 
 building up and cementing the fabric we are 
 laboring to rear. It would be most disastrous 
 if the laborers engaged in this patriotic work 
 should allow themselves to be diverted from 
 their undertaking by anything that will distract 
 their attention or diminish their energy. 
 
 In the call under which you are now assem- 
 bled, one subject is mentioned as requiring 
 your action that is, dividing the State into 
 Congressional Districts. 
 
 We are entitled to nine Representatives in 
 the next Congress, and it is required that they 
 should be elected by districts. 
 
 In these times of extreme ultraism, our Rep- 
 resentatives should appear in the House, 
 as elected in such manner as to be entitled to 
 their seats without question. It is true that on a 
 former occasion of increase in our Congres- 
 sional representation, the General Assembly 
 adopted a plan of electing the additional mem- 
 bers without there having been new districts 
 provided for them before the general election. 
 But in present circumstances, it is not prudent 
 to leave any question of their right open to 
 discussion. 
 
 It is altogether questionable whether our plan 
 of electing members of Congress, some seven- 
 teen months before they ordinarily take their 
 seats, is wise. 
 
 In times like the present, when new and 
 startling questions are frequently arising, the 
 Representative who may be elected in August, 
 1862, may find all the questions with reference 
 
 to which he was elected, settled when he takes 
 his seat in December, 1863, and that new and 
 more momentous issues have arisen since his 
 election, upon which his constituents have not 
 expressed their will. 
 
 Although it is time that, upon an extraordi- 
 nary occasion, Congress may be called so as to 
 require his attendance before the first Monday 
 in December, yet such are exceptional cases, 
 and do not affect the principle that the Repre- 
 sentative ought to be chosen because of the 
 conformity of his opinions to those of his con- 
 stituents upon the questions upon which he is to 
 act. 
 
 There are other strong objections to our time 
 of electing members of Congress, but as it is 
 not intended to make any recommendations 
 upon this subject, time will not be occupied in 
 stating them. 
 
 In your ordinance, passed at your July ses- 
 sion, establishing the Provisional Government, 
 it was provided that an election of executive 
 officers should be held in November^ and that 
 at that election a vote should be taken upon 
 the question, whether your action in establish- 
 ing such government should be ratified. The 
 vote was subsequently postponed until the gen- 
 eral election in next August. 
 
 It is submitted for your consideration, 
 whether that part of the ordinance ought not 
 to be annulled. 
 
 More than 30,000 of our people are volun- 
 teers in the service of the United States, most 
 of the number being out of the State. Their 
 voice should be heard on a question so vitally 
 affecting their State, and yet it has been found 
 that all votes in military camps, taken under 
 aws that have directed such votes, have afford- 
 ed opportunities for imposition, which it is 
 almost impossible to guard against. It is 
 clearly right that the voice of this class of citi- 
 zens should be heard, but to take their votes in 
 distant camps involves too much of imposition 
 o be attempted. 
 
 There is another consideration of the greatest 
 moment. The question to be voted upon is, 
 under existing circumstances, not a question 
 >etween the Provisional Government and some 
 other administration of the State Government, 
 >ut between the Provisional Government and 
 10 government at all j for every person knows 
 hat the former executive officers would be 
 mmediately arrested for treason if they came 
 within reach of the officials of the United States. 
 After the Provisional Government has been in 
 
operation for a year no such question ought to 
 be considered open to discussion. 
 
 Whether you should think it necessary or 
 not to require any oath of loyalty as a general 
 qualification for all voters at the approaching 
 August election, it is submitted to you as a mat- 
 ter demanding your action, that an oath of of- 
 fice beyond that prescribed by the Constitution 
 should be required of all persons who may be 
 elected to office. The oath prescribed by the 
 Constitution is so general, that, though its 
 terms, when rightly understood, comprehend 
 the great duties of a citizen to his Government, 
 yet it fails to impress the minds of those who 
 take it with a clear idea of the obligation it 
 imposes. 
 
 Again, the oath thus prescribed is altogether 
 prospective in its requirements, but the State 
 should be protected against persons who have 
 in the past been unfaithful. 
 
 These are the subjects which at this tim 
 most require your attention. 
 
 H. JR. GAMBLE. 
 
 On motion of Mr. HALL of B., the mes- 
 sage was laid on the table, and two hundred 
 copies ordered to be printed for the use of 
 the Convention. 
 
 Mr. HITCHCOCK offered the following res- 
 olutions : 
 
 Resolved, That the following committees 
 be appointed by the Convention to take into 
 consideration the suggestions made by the 
 Governor, to-wit : 
 
 1st. A Committee on Elections and 
 Elective Franchise, to consist of five mem- 
 bers. 
 
 2d. A Committee on Congressional Dis- 
 tricts, to consist of nine members. 
 
 3d. A Committee on Finance, to consist 
 of five members. 
 
 4th. A Committee on the State Constitu- 
 tion, to consist of five members. 
 
 5th. A Committee on the Militia, to con- 
 sist of five members. 
 
 Mr. WELCH offered the following amend- 
 ment, which was adopted : 
 
 Strike out the words "the Convention" 
 and insert the words "the President." 
 
 Mr. HOWELL offered the following as a 
 substitute, which was rejected : 
 
 Resolved, That a Committee of five be 
 appointed to take into consideration and 
 report such Committees as may be neces- 
 sary for this Convention. 
 
 On motion of Mr. ZIMMERMAN, the Con- 
 vention adjourned until to-morrow morn- 
 ing at 9 o'clock. 
 
 SECOND DAT. 
 
 TUESDAY MORNING, June 3, 1862. 
 
 The Convention met pursuant to adjourn- 
 ment. 
 
 Prayer by the Chaplain, Mr. ALLEN. 
 
 The PRESIDENT announced the following 
 members as composing the Committees un- 
 der the resolution of Mr. Hitchcock, adopt- 
 ed on yesterday : 
 
 Congressional Districts Messrs. Broad- 
 head, Rowland, Doniphan, Henderson, Orr, 
 Phillips, How, Woolfolk, and Bogy. 
 
 Militia Messrs. Stewart, McClurg, Jack- 
 son, Leeper, and Jamison. 
 
 Elections and Elective FranchiseMessrs. 
 McFerran, Hitchcock, Howell, Vanbuskirk, 
 and Rankin. 
 
 State Constitution Messrs. Hall of B., 
 Breckinridge, Welch, Moss, and Pomeroy. 
 
 Finance Messrs. Douglass, Marvin, Col- 
 lier, Dunn, and Zimmerman. 
 
 Mr. STEWART offered the following, which 
 was read and referred to the Committee on 
 Elective Franchise : 
 
 Resolved, That all men, whether civil- 
 ians or soldiers, who have been found in 
 arms against the Government of the United 
 States, and all neutrals who have given 
 them aid or comfort, be disqualified to 
 vote. 
 
 Mr. DOUGLASS presented a petition from 
 citizens of Moniteau county, praying the 
 passage of an ordinance disqualifying from 
 
10 
 
 voting for twenty-one years all persons who 
 have not always been true and loyal citi- 
 zens of the United States Government. 
 
 Mr. EITZEN offered the following ordi- 
 nance, which was, on motion, referred to 
 the Committee on Elections : 
 
 Be it ordained by the People of the State 
 of Missouri in Convention assembled : 
 That an act passed on March 8th, 1861, 
 
 concerning the election of County Court 
 
 Justices in Gasconade county, be and the 
 
 same is hereby repealed. 
 
 Mr. SCOTT offered the following ordinance, 
 which was referred to the Committee on 
 Elections : 
 
 Be it ordained^ by the People of the State 
 
 of Missouri^ as follows : 
 
 1st. Before any person shall be allowed 
 to vote at any election within this State, 
 they shall be required to take the following 
 oath "You do solemnly swear that you 
 have not taken up arms against the Gov- 
 ernment of the United States, nor the Pro- 
 visional Government of this State, nor giv- 
 en aid or comfort to the enemies of either : 
 so help you God." 
 
 2d. It shall be the duty of judges of 
 election within this State, or any one of 
 them, to administer said oath; and any 
 judges neglecting or refusing to administer 
 said oath, when required so to do, or who 
 shall allow any person to vote who has not 
 taken said oath, shall, on conviction, be 
 adjudged guilty of a misdemeanor in office 
 and punished by a fine of not less than one 
 hundred dollars, or imprisoned in the 
 county jail not less than two months. 
 
 3d. Any person falsely taking said oath, 
 shall, on conviction, be adjudged guilty of 
 perjury, and punished accordingly as now 
 provided by law. 
 
 4th. All persons holding any civil office 
 in this State shall be required to take the 
 oath in the first section of this ordinance . 
 and any civil officer neglecting or refusing 
 to take said oath for twenty days after the 
 passage of this ordinance, his or their office 
 is hereby declared vacant. 
 
 5th. Said oath may be administered by 
 any person authorized to administer an 
 oath; but all State officers, State, Circuit 
 
 and County Clerks and Sheriffs, shall cause 
 their affidavits to be filed in the office of 
 the Secretary of State, duly certified by 
 the officer administering the same, and the 
 certificate of the County Clerk as to their 
 official character, within the time prescribed 
 by the fourth section of this ordinance. 
 
 6th. All officers not mentioned in the first 
 section of this ordinance shall file their 
 affidavit in the County Clerk's office of 
 their respective counties. 
 
 7th. The fourth, fifth and sixth sections 
 of this ordinance shall apply to all persons 
 who may hereafter be elected or appointed 
 to any civil office within this State, except 
 that they shall be required to comply with 
 the requirements of said sections within 
 twenty days after their election or appoint- 
 ment ; and it shall be the duty of the Coun- 
 ty Clerks to notify the Governor of all 
 officers who have not complied with said 
 sections within their counties, whose duty 
 it shall be to fill said vacancy by appoint- 
 ment. 
 
 8th. The Legislature of this State may 
 modify, amend or repeal this ordinance 
 whenever in their judgment they may deem 
 it expedient. 
 
 Mr. McCoRMACK offered the following re- 
 solution, which was read, and on his mo- 
 tion referred to the Committee on Militia : 
 
 " Be it enacted by the People of the State 
 of Missouri in Convention assembled) That 
 all soldiers enlisted in the service of the 
 State of Missouri in compliance with a call 
 of the Governor of this State made August 
 24th, 1861, and who shall have been hon- 
 orably discharged by reason of physical 
 disability existing prior to such enlistment, 
 shall, according to rank, be entitled to and 
 receive payment for the time they were in 
 the actual service of the State.' 5 
 
 Mr. MEYER offered the following resolu- 
 tion, which was adopted : 
 
 Resolved) That Henry C. Warmouth was 
 duly elected doorkeeper at the last session 
 of this Convention, and is entitled to his 
 position. 
 
 Mr. COMINGO offered the following ordi- 
 nance, which was read, and on his motion 
 referred to the Committee on Elections and 
 Elective Franchise : 
 
11 
 
 "Be it ordained by the People of the State 
 of Missouri in Convention assembled: That 
 every candidate for any office in the gift of 
 the people of the State of Missouri, be- 
 fore his name shall be placed on the poll- 
 books at any election held by virtue and 
 in pursuance of the laws or ordinances of 
 the State, shall file in the office of the clerk 
 of the County Court of the county in which 
 he resides his affidavit to the following ef- 
 fect: 
 
 " I, , of the county of , can- 
 didate for the office of , do solemnly 
 
 and truly swear, that I will support the 
 Constitution of the United States and the 
 Constitution of the State of Missouri ; that 
 I have at all times been loyal and true to 
 the Government of the United States ; that 
 I will not take up arms against said Gov- 
 ernment nor the Government of the State 
 of Missouri, nor will I directly or indirect- 
 ly give aid or comfort to the enemies of 
 either of said Governments, but that I will 
 well and faithfully labor to preserve, main- 
 tain and uphold both of said Governments ; 
 that I will do all in my power to protect 
 them against all their enemies, whether 
 domestic or foreign ; that I will not at any 
 time, nor in any manner, countenance any 
 plan, effort or purpose to disturb the pres- 
 ent Federal relations of the State of Mis- 
 souri with the United States, nor to inter- 
 fere with or disturb the authority of the 
 Government of the United States in any 
 place or State where it now is or has here- 
 tofore been, or may hereafter be exercised, 
 nor will I leave any of such plans, efforts 
 or purposes unexposed should they come to 
 my knowledge or should I receive informa- 
 tion thereof; and that I take this oath free- 
 ly and voluntarily, without any mental 
 reservation or evasion whatsoever, with 
 a full determination, pledge and purpose 
 faithfully to observe and keep it, any or 
 dinance, resolution or law of any State 
 Convention, Legislature, order or organi- 
 zation, secret or otherwise, to the contrary 
 notwithstanding. So help me God. 
 
 " Said affidavit may be made before any 
 officer authorized to administer oaths in the 
 county in which the affiant resides, and 
 when made in any other county shall be 
 
 made before a notary public or before the 
 clerk of a court of record ; and all candi- 
 dates for all State offices shall cause a cer- 
 tified copy of said affidavit to be filed in 
 the office of the Secretary of State for the 
 State of Missouri on or before the day of 
 election to fill the office or offices to which 
 they aspire, and any failure or refusal to 
 take and file the affidavit as hereinbefore 
 required shall render null and void all 
 votes cast for the candidate so failing or 
 refusing." 
 
 Mr. WELCH offered the following ordi- 
 nance, which was read and referred to the 
 Committee on the State Constitution : 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled, as follows : 
 
 SECTION 1. The Senate shall consist of 
 not less than twenty-five nor more than 
 thirty-three members, for the election of 
 whom the State shall be divided into con- 
 venient districts, which may be altered 
 from time to time as public convenience 
 may require ; and the Senators shall be 
 apportioned among the several districts 
 according to the number of free white male 
 inhabitants in each : Provided, that when 
 a Senatorial district shall be composed of 
 two or more counties, the counties of which 
 said district is composed shall not be en- 
 tirely separated by any county belonging 
 to another district, and no county shall be 
 divided in forming a district. If any va- 
 cancy shall occur in any Senatorial district, 
 by death, resignation, or any other cause, 
 the Governor shall, on being satisfied that 
 a vacancy exists, issue a writ of election to 
 fill such vacancy ; but every election to fill 
 a vacancy shall be for the residue of the 
 term only. 
 
 SEC. 2. Immediately after the assembling 
 of the Senate in consequence of the first 
 election hereafter to be held, the Senators 
 shall be divided by lot, as equally as may 
 be, into two classes. The seats of the Sen- 
 ators of the first class shall be vacated at 
 the expiration of the second year, and of 
 the second class at the expiration of the 
 fourth year, so that one-half of the Senators 
 may be chosen every second year. 
 
 SEC 3. The sixth and seventh sections of 
 
12 
 
 the third article of the Constitution of the 
 State of Missouri be and the same are 
 hereby abolished. 
 
 Mr. ZIMMERMAN offered the following; 
 which was referred to the Committee on 
 Elections : 
 
 Resolved, That if the Committee on Elec- 
 tions and the Elective Franchise should 
 see proper to report a bill disfranchising 
 voters of southern feeling, they also be 
 instructed to include in that bill all aboli- 
 tionists. 
 
 Mr. DOUGLASS then offered the following, 
 which was referred to the Committee on 
 Elections : 
 
 Resolved, That at the next August elec- 
 tion, and at all other elections hereafter 
 held in this State, the vote shall be cast by 
 ballot. 
 
 Mr. WELCH offered an ordinance entitled 
 " An ordinance in relation to Assessors and 
 Collectors, and providing for the payment 
 of certain accounts." Read and referred 
 to the Committee on Finance. 
 
 On motion of Mr. ROWLAND, the Conven- 
 tion adjourned until 2 o'clock P. M. 
 
 EVENING SESSION. 
 
 The Convention met pursuant to adjourn- 
 ment. 
 
 Mr. GRAVELLY offered the following reso- 
 lution, which was referred to the Committee 
 on Elections : 
 
 Resolved, That the Committee on Elec- 
 tions be and are hereby instructed to inquire 
 into and report as to the expediency of 
 permitting the officers and soldiers in the 
 service of the United States, or in the ser- 
 vice of the State of Missouri, who at the 
 time of entering the service were citizens 
 of the State of Missouri, to vote in their 
 respective camps for candidates for State 
 and county offices that may have to be filled 
 by an election of the people during the time 
 said officers and soldiers may remain in the 
 services mentioned. 
 
 On motion of Mr. LEEPER, 
 
 Resolved, That Judge McFerran be added 
 to the Committee on the Militia. 
 
 Mr. SMITH of St. Louis offered the follow- 
 ing resolution, which was adopted : 
 
 Resolved, That the Committee on Elec- 
 tions and Elective Franchise be instructed 
 to inquire into the expediency of postponing 
 the election of Governor, Lieutenant Gov- 
 ernor, and Secretary of State, until the 
 regular time prescribed by the Constitution 
 for the election of State officers, and to 
 report by ordinance or otherwise. 
 
 On motion of Mr. DOUGLASS, 
 
 Resolved, That Messrs. Bush and Meyer 
 be added to the Committee on Finance. 
 
 Mr. WOOLFOLK offered the following : 
 
 WHEREAS^ the calamities of war have de- 
 prived this Convention, and the country, 
 of the services on this floor of Col. Jacob 
 T. Tindall, who fell at the head of hia 
 regiment on Sunday, the 6th day of April, 
 1862, on the battle-field of Shiloh ; there- 
 fore, 
 
 Be it Resolved, 1st. That in the death of 
 Col. Jacob T. Tindall this Convention has 
 lost a valued member, whose intellect, 
 energy and patriotism, and conservative 
 views, rendered him an able and efficient 
 member of this body ; that by his untimely 
 fall the nation has lost a devoted patriot in 
 the hour of her peril, the army a prudent 
 and brave commander, the society in which 
 he moved an ornament, and his family an 
 affectionate husband and father. 
 
 2d. That in testimony of our appreciation 
 of the deceased, and from due regard to his 
 memory, this Convention will now adjourn 
 until to-morrow morning, nine o'clock, and 
 that the members wear the usual badge of 
 mourning during the present session. 
 
 3d. That we tender the condolence of 
 the members of this body to the family and 
 immediate friends of Col. Tindall in their 
 sad bereavement ; that these resolutions be 
 spread upon the Journal of the Convention, 
 and that a copy thereof be prepared by the 
 Secretary and forwarded to Mrs. Emeline 
 W. Tindall, the wife of the deceased. 
 
 After appropriate and touching addresses 
 upon the life and character of the deceased, 
 Messrs. Woolfolk, Shanklin, Stewart, 
 and Breckinridge, the resolutions were 
 adopted and the Convention adjourned. 
 
13 
 
 THIRD DAT. 
 
 WEDNESDAY MORNING, June 4, 1862. 
 
 The Convention met pursuant to adjourn- 
 ment. 
 
 Prayer by the Chaplain. 
 
 The roll was called, when the following 
 additional members answered to their 
 names, viz : 
 
 Messrs. Bridge, Bush, Calhoun, Drake, 
 Frnyser, Hall of Randolph, Hendrick, Irwin, 
 Ross, and Shackelford of St. Louis. 
 
 Mr. POMEROY offered the following reso- 
 lution, which was adopted : 
 
 Resolved, That the name of J. W. 
 McClurg be added to the Committee on Con- 
 gressional Districts. 
 
 On motion of Mr. PHILLIPS, the Conven- 
 tion adjourned until 3 o'clock P. M. 
 
 EVENING SESSION. 
 
 The Convention met pursuant to adjourn- 
 ment. 
 
 Mr. ALLEN offered the following resolu- 
 tion, which was read and referred to the 
 Committee on the Constitution : 
 
 Resolved by this Convention, That we 
 repudiate and eschew all agitation of the 
 slave question in the State of Missouri, at 
 the present time. 
 
 Mr. BRIDGE offered the following, which 
 on motion was referred to a select commit- 
 tee of seven, consisting of Messrs. Bridge, 
 Allen, Bush, Calhoun, Eitzen, Gravelly, and 
 Isbell : 
 
 WHEREAS, the Convention has sufficient evi- 
 dence before it of the disloyalty of cer- 
 tain of its members who have absented 
 themselves from its deliberations, and 
 are now, and have been for months past, 
 absent from this State, and are now resi- 
 dents of the so-called "Confederate 
 States," where they have been and are 
 now engaged in the wicked and traitorous 
 attempt to overthrow, by force of arms, 
 the lawful authority of the United States 
 Government, as well as the Provisional 
 Government of this State ; therefore, 
 
 Be it Resolved, That self-respect, as well 
 as a sense of justice to the people of certain 
 districts, who are without a full represen- 
 tation in this Convention, impel us to de- 
 clare the seats of Sterling Price, late of 
 Chariton county, a member from the Sixth 
 Senatorial District; John R. Chenault, late 
 of Jasper county, a member from the Seven- 
 teenth Senatorial District ; Robert W. Craw- 
 ford, late of Lawrence county, a member 
 from the Eighteenth Senatorial District; V. 
 B. Hill, late of Pulaski county, a member 
 from the Twenty-second Senatorial Dis- 
 trict; Robert A. Hatcher, late of New Mad- 
 rid county, a member from the Twenty-fifth 
 Senatorial District; W. W. Turner, late of 
 
 Laclede county, a member from the 
 
 Senatorial District; N. W. Watkins, late of 
 Cape Girardeau county, a member from the 
 
 Senatorial District, and Uriel Wright, 
 
 late of St. Louis county, one of the members 
 from the Twenty-ninth Senatorial District, 
 vacant, and their names be struck from the 
 roll of the Ponvention. 
 
 Mr. POMEROY offered the following ordi- 
 nance, which was read, and on motion 
 referred to a select committee of three, 
 consisting of Messrs. Pomeroy, Smith of 
 Linn, and Welch : 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled, as follows: 
 
 1st. That the Secretary of State be and 
 he is hereby authorized to forward to the 
 clerk of Phelps Circuit Court, for the use 
 of the county of Phelps, a full set of the 
 bound volumes of the Supreme Court De- 
 cisions of the State of Missouri. 
 
 Mr. MEYER offered the following resolu- 
 tion, which was read and referred to the 
 Committee on Elections and Elective Fran- 
 chise : 
 
 Resolved, That the citizens of this State, 
 who have by their own acts expatriated 
 themselves, ought not to be permitted to 
 vote at any future election, or to hold office, 
 unless restored to their citizenship by 
 appropriate legislation ; and that an ordi- 
 
14 
 
 nance to this end should be adopted by this 
 Convention. 
 
 Resolved, That this Convention should 
 by ordinance define the crime of conspiracy 
 against the People and Provisional Govern- 
 ment of this State, to be punished by fine, 
 imprisonment, or banishment, according to 
 the nature and degree of the crime com- 
 mitted. 
 
 Mr. POMEROY offered the following, which 
 was read and referred to the Committee on 
 the Constitution : 
 
 WHEREAS, under the present deranged con- 
 dition of the country, there is, and has 
 for some time past been, but little re- 
 straint thrown around the people, and a 
 manifest want of protection to persons 
 and property, in many counties in this 
 State ; and, 
 
 WHEREAS, it is only to the Judiciary of the 
 State that the public can look with con- 
 fidence for protection, and the restraint 
 of crime, as well as the enforcement of 
 municipal law ; therefore, 
 Be, it ordained by the People of the State of 
 Missouri in Convention assembled, as follows : 
 
 1st. That if any person or persons shall 
 wilfully disturb any court of record in this 
 State, while the same is in session, so far 
 as materially to hinder or delay in the 
 administration of justice, and shall wilfully 
 commit any act calculated to produce ter- 
 ror, whereby the court may be materially 
 disturbed in its deliberations, or shall wil- 
 fully interfere with any officer of any 
 court, sheriff, or coroner in the discharge 
 of an official duty, while attending court or 
 travelling under requirements connected 
 with official duty any person or persons so 
 offending shall be subject to an indict- 
 ment for a felony, and on conviction shall 
 be punished by fine not less than five hun- 
 dred dollars, and may be imprisoned not 
 less than five years. 
 
 Mr. COMINGO presented the following or- 
 dinance : 
 
 Be it ordained by the People of the State of Mis- 
 souri in Contention assembled : 
 
 SECTION 1. That the tax- payers of the 
 counties of Jackson, Cass, and Bates, are 
 hereby released and forever discharged 
 
 from all indebtedness to the State of Mis- 
 souri on account of taxes due for the year 
 1861, and also on account of all taxes due 
 or to become due for the year 1862; pro- 
 vided, however, that nothing herein con- 
 tained shall be so construed as to release 
 or discharge non-residents of said coun- 
 ties from the payment of taxes for said 
 years on property belonging to them within 
 the limits thereof. 
 
 SEC. 2. That the County Courts in said 
 counties are hereby authorized to withhold 
 from the collectors of taxes the tax books 
 for the year 1861, and upon the assess- 
 ments made for the year 1862 they are au- 
 thorized to levy and collect for county pur- 
 poses the taxes for both of said years, and 
 they are also authorized and required to 
 cause to be collected from non-residents of 
 said counties the full amount of taxes due 
 the State for the same period. 
 
 Mr. MCDOWELL moved to amend by add- 
 ing the counties of Dade, Jasper, Cedar, 
 Benton, and Vernon. 
 
 Mr. ORR offered the following substitute 
 for the amendment : 
 
 " Amend by adding the counties com- 
 posing the Sixth Congressional District, 
 except Gasconade, Osage, and Maries." 
 
 The ordinance and amendments were, on 
 motion, referred to the Committee on Fi- 
 nance. 
 
 Mr. McFERRAN, from the Committee on 
 Elections and Elective Franchise, reported 
 the following ordinances, viz. : " An ordi- 
 nance defining the qualifications of voters 
 and civil officers in this State ; " (C An or- 
 dinance continuing the present Provisional 
 Government in office," and " An ordinance 
 repealing certain ordinances submitting the 
 action of the Convention to a vote of the 
 people of Missouri." 
 
 Mr. HOWELL, from -the same Committee, 
 submitted as a minority report, " An ordi- 
 nance postponing the election to be held in 
 August, 1862, &c." 
 
 The report, together with all the ordi- 
 nances, were laid on the table, 200 copies 
 ordered to be printed, and made the special 
 order for to-morrow at 2 o'clock. 
 
 On motion of Mr. BROWN, the Convention 
 adjourned until to-morrow at nine o'clock. 
 
15 
 
 FOURTH DAY. 
 
 THURSDAY MORNING, June 5, 1862. 
 
 The Convention met pursuant to adjourn- 
 ment, and was opened with prayer by the 
 Chaplain. 
 
 Mr. BROADHEAD, from the Committee on 
 the Congressional Districts, reported " An 
 ordinance for dividing the State into nine 
 Congressional Districts," which was laid on 
 the table and ordered to be printed, and 
 made the special order for to-morrow at 
 10 o'clock. The report is as follows : 
 
 "The Committee on Congressional Dis- 
 tricts beg leave to make the following re- 
 port : 
 
 " The State of Missouri being entitled to 
 nine Representatives in Congress, accord- 
 ing to the Federal census for the year 
 1860, the State has been divided into nine 
 districts. The representative population 
 for the State, as ascertained from the cen- 
 sus tables, is 1,136,106, which will give 
 126,234 as a ratio for a representative. 
 The city and county of St. Louis having a 
 representative population of 188,785, much 
 larger than the ratio, your committee found 
 it necessary to divide it in forming the 
 districts. 
 
 " They submit the following as the dis- 
 tricts agreed upon, and which, though some 
 of them exceed and some fall below the 
 ratio, yet, after much labor, they have been 
 unable to adopt any plan which would more 
 nearly approximate the ratio for each dis- 
 trict than the one which is presented. 
 
 BROADHEAD, Ch'n." 
 
 AN ORDINANCE PROVIDING FOR LAYING 
 OFF THE STATE INTO CONGRESSIONAL 
 DISTRICTS. 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled : 
 SECTION 1. The State of Missouri is here- 
 by divided into nine Congressional Dis- 
 tricts, the qualified voters of each District 
 to elect one member to the Congress of the 
 United States. 
 
 SEC. 2. The First District shall be com- 
 posed of the fourth, fifth, sixth, seventh, 
 eighth, ninth and tenth wards of the city of 
 St. Louis, as now established, all that part 
 of St. Louis township north of the Man- 
 chester road, and St. Ferdinand township 
 and Central township, of the county. of St. 
 Louis. 
 
 The Second District shall be composed of 
 the first, second and third wards of the city 
 of St. Louis, as now established, all that 
 part of St. Louis township south of the 
 Manchester road, and Carondelet township, 
 Bonhomme township and Meramec town- 
 ship of the county of St. Louis ; also, the 
 counties of Jefferson, Franklin, Gasconade, 
 Osage, Maries, Crawford, Phelps, and Pu- 
 laski. 
 
 The Third District shall be composed of 
 the counties of Dunklin, Pemiscot, New 
 Madrid, Mississippi, Stoddard, Butler, Rip- 
 ley, Scott, Wayne, Reynolds, Shannon, 
 Cape Girardeau, Bolinger, Madison, Iron, 
 Dent, Perry, Ste. Genevieve, St. Fran9oi, 
 Washington, Carter, and Oregon. 
 
 The Fourth District shall be composed of 
 the counties of Barton, Jasper, Newton, 
 McDonald, Barry, Lawrence, Dade, Cedar, 
 Polk, Greene, Christian, Stone, Taney, 
 Webster, Dallas, Laclede, Wright, Doug- 
 lass, Ozark, Texas, and Howell. 
 
 The Fifth District shall be composed of 
 the counties of Cass, Bates, Vernon, John- 
 son, Henry, St. Clair, Hickory, Benton, 
 Pettis, Cooper, Moniteau, Cole, Morgan, 
 Miller, and Camden. 
 
 The Sixth District shall be composed of 
 the counties of Clinton, Clay, Platte, Jack- 
 son, Caldwell, Ray, Lafayette, Carroll, Sa- 
 line, and Chariton. 
 
 The Seventh District shall be composed 
 of the counties of Atchisoa, Holt, Noda- 
 way, Andrew, Buchanan, DeKalb, Gentry, 
 Daviess, Harrison, Livingston, Grundy^ 
 Mercer, Linn, Putnam, and Worth. 
 
 The Eighth District shall be composed of 
 the counties of Sullivan, Schuyler, Scot- 
 
16 
 
 land, Clark, Adair, Knox, Lewis, Marion, 
 Shelby, Macon, Randolph, and Howard. 
 
 The Ninth District shall be composed of 
 the counties of Monroe, Rails, Audrain, 
 Pike, Lincoln, Montgomery, Callaway, 
 Boone, Warren, and St. Charles. 
 
 Mr. BUSH offered the following resolution, 
 which was referred to the Committee on 
 the Constitution : 
 
 Resolved, That the number of members 
 of the House of Representatives be reduced 
 to one hundred (100), and that an appor- 
 tionment of the State be made in accord- 
 ance therewith. 
 
 Mr. SCOTT offered the following resolu- 
 tion, which was referred to the Committee 
 on Finance : 
 
 Resolved, That the Committee on Finance 
 be instructed to inquire into the necessity 
 of taking any action for the purpose of 
 passing the tax books for the year 1861, 
 that have not heretofore been received into 
 the hands of the collectors of their respec- 
 tive counties, and report by ordinance or 
 otherwise. 
 
 Mr. HALL, of Buchanan, offered an ordi- 
 nance entitled, " An ordinance amending 
 f An ordinance providing for abolishing 
 certain offices, reducing salaries and testing 
 the loyalty of civil officers in this State ;'" 
 which, on motion, was laid on the table 
 and 200 copies ordered to be printed. 
 
 Mr. MCFERRAN, from the Committee on 
 Elections and Elective Franchises, made 
 the following report : 
 
 "Mr. President: The Committee on 
 Elections and Elective Franchises have had 
 under consideration an ordinance introdu- 
 ced by Mr. Eitzen to repeal an act passed 
 March 8, 1861, concerning the election of 
 County Court Justices in Gasconade county, 
 and beg leave to report its rejection for the 
 reason that the Committee deem it improper 
 to enter into the repeal of special laws, 
 which properly and legitimately belongs to 
 the Legislative department, and, if once 
 entered upon by this Convention, would 
 protract its session indefinitely, to the 
 great detriment of the public interest, re- 
 quiring all the time of this body in con- 
 sideration of questions of immediate and 
 great importance to the people of the whole 
 State. 
 
 McFERRAN, Ch'n." 
 
 On motion of Mr. LEEPER, the Conven- 
 tion adjourned until 2 o'clock, p. M. 
 
 EVENING SESSION. 
 
 The Convention met pursuant to adjourn- 
 ment. 
 
 On motion of Mr. MCFERRAN, the " Ordi- 
 nance defining the qualifications of voters 
 and civil officers in this State" was taken 
 up and considered by sections. 
 
 Mr. ORR moved to amend the first section 
 as follows : " Strike out all after the word 
 ( State' in the 4th line, to and including the 
 word ( ordinance' in the 6th line ;" pending 
 the consideration of which, 
 
 On motion of Mr. PHILLIPS, the House 
 adjourned until to-morrow morning, at 9 
 o'clock. 
 
17 
 
 FIFTH DAY. 
 
 
 FRIDAY MORNING, June 6, 1862. 
 
 The Convention met pursuant to adjourn- 
 ment, and was opened with prayer by the 
 Chaplain. 
 
 The Journal was read and approved. 
 Mr. DOUGLASS, from the Committee on 
 Finance, made the following report : 
 
 "The Committee on Finance, to whom 
 was referred the ordinance submitted by 
 the member from Johnson county, report 
 the said ordinance and recommend its 
 adoption as amended by them. 
 WM. DOUGLASS, 
 GEORGE W. ZIMMERMAN, 
 FERDINAND MEYER, 
 ISADOR BUSH, 
 SAMUEL C. COLLINS, 
 GEORGE W. DUNN." 
 
 The ordinance as amended was laid on 
 the table, and two hundred copies ordered 
 to be printed. 
 
 Mr. BRIDGE, from the Select Committee, 
 made the following report : 
 
 " The Committee to whom the resolution 
 was referred, declaring the seats of certain 
 members of this body vacant, have had the 
 same under consideration, and beg leave 
 to submit the following report : 
 
 "That from the evidence before the 
 committee they are satisfied that Sterling 
 Price, Robert W. Crawford, and V. B. Hill, 
 members of this Convention, are now, and 
 have been for some months past, commit- 
 ting acts of flagrant rebellion against the 
 lawful authority of the United States, as 
 well as that of the Provisional Government 
 of this State ; that they have violated the 
 oath which they voluntarily took when 
 they were admitted as members of this 
 Convention, and have proved recreant to 
 their State, their country, and its cause ; 
 that they are in arms against the Govern- 
 ment of the United States, and the Pro- 
 visional Government of this State, and are 
 giving their aid to the rebellion now waged 
 for the overthrow and subversion of the 
 Government of the United States ; that in 
 consequence of these criminal offences they 
 2 
 
 are unworthy to hold seats in this body, 
 and should therefore be summarily expelled 
 from the same. 
 
 " That in regard to Uriel Wright your 
 committee have not any evidence before 
 them that he has taken up arms against the 
 United States, but have evidence that he 
 has left this 'State and espoused the rebel 
 cause, and has given aid and comfort to 
 our enemies by public speeches and other- 
 wise, and is therefore unworthy a seat in 
 this Convention, and recommend that he 
 be expelled from the same. 
 
 "In regard to John R. Chenault and 
 Robert A. Hatcher, named in the resolu- 
 tion under consideration, your committee 
 are unable to obtain any testimony of their 
 having taken up arms against the Govern- 
 ment of the United States, or the Pro- 
 visional Government of this State ; but the 
 testimony before them goes to show that 
 they are not at present 'citizens of this 
 State, having removed from it. Your com- 
 mittee would therefore recommend that 
 their seats be declared vacant. 
 
 "In the case of N. W. Watkins, late of 
 Cape Girardeau county, a member of this 
 Convention, your committee, from the evi- 
 dence before them, find that he accepted a 
 commission as a Brigadier General from C. 
 F. Jackson, late Governor of this State, for 
 the purpose of organizing and equipping 
 troops for the State service ; that he pro- 
 ceeded to act under his commission, but at 
 a subsequent period threw it up, and has 
 for some time past been absent from the 
 State. Whether he intends to return to 
 the State is unknown to your committee ; 
 they, however, recommend that his seat in 
 this Convention be declared vacant. 
 
 " In regard to W. W. Turner, late of La- 
 clede county, and a member of this Con- 
 vention, whose name also appears in the 
 resolution under consideration, your com- 
 mittee have evidence of the commission of 
 criminal acts committed by him during the 
 recess of this Convention, and of his now I 
 being a fugitive from this State, whose laws 
 
18 
 
 he has outraged. Your committee there- 
 fore recommend his expulsion from his seat 
 in this Convention. 
 
 " Your committee offer the following re- 
 solutions and recommend their adoption : 
 
 "Rtsolved, That Sterling Price, Robert 
 W. Crawford, V. B, Hill, Uriel Wright, and 
 W. W. Turner, be and are hereby expelled 
 from their seats in this Convention. 
 
 (( Resolved, That the seats of John R. 
 Chenault, Robert A. Hatcher, and N. W. 
 Watkins in this Convention be and are here- 
 by declared vacant, and that the above eight 
 names be struck from the rolls of the Con- 
 vention. 
 
 BRIDGE, Chairman." 
 
 Mr. PIPKIN moved to strike the name of 
 N. W. Watkins from the second resolution, 
 upon which motion he called the ayes and 
 noes, and was decided in the negative by the 
 following vote : 
 
 AYES Messrs. Bass, Bast, Collier, Drake, 
 Flood, Marmaduke, Matson, Pipkin, Ray, 
 Ross, Welch, and Woodson 12. 
 
 NOES Messrs. Allen, Bogy, Breckin- 
 ridge, Broadhead, Bridge, Brown, Bush, 
 Calhoun, Cayce, Comingo, Doniphan, 
 Douglass, Dunn, Eitzen, Frayser, Gravelly, 
 Hall of B., Hall of R., Henderson, Hen- 
 dricks, Hitchcock, Holmes, How, Howell, 
 Irwin, Isbell, Jackson, Johnson, Kidd, Lee- 
 per, Linton, Long, Marvin, McClurg, Mc- 
 Cormack, McDowell, McFerran, Mever, 
 Moss, Orr, Phillips, Pomeroy, Rankin, 
 Rowland, Scott, Shackelford of St. L., 
 Shanklin, Smith of L., Smith of St. L., 
 Stewart, Waller, Woolfolk, Vanbuskirk, 
 Zimmerman, and Mr. President 55. 
 
 Mr. GRAVELLY moved to strike out the 
 name of John R. Chenault from the 2d 
 section, which was decided in the negative. 
 
 Mr. DUNN moved to strike out the name 
 of Uriel Wright in the 1st section, and in- 
 sert it in the 2d resolution. Decided in 
 the negative. 
 
 The resolutions were then unanimously 
 adopted. 
 
 Mr. VANBUSKIRK presented a petition 
 from the citizens of the Fourth Senatorial 
 District asking for the expulsion of Prince 
 L. Hudgens, as a member of this Conven- 
 tion. 
 
 The Convention proceeded to the con- 
 sideration of the question pending at the 
 adjournment on yesterday, viz., the amend- 
 
 ment of Mr. Orr to strike out in the 1st sec- 
 tion of an ordinance, reported from the 
 Committee on Elections, defining the quali- 
 fications of voters and civil officers in this 
 State, the following words : " Nor to vote 
 at any election held under or in pursuance 
 of said Constitution and laws from and 
 after the passage of this ordinance." 
 
 Mr. SMITH of St. Louis moved to refer the 
 ordinance and amendment to the Commit- 
 tee on Elections. Motion decided in the 
 negative. 
 
 On motion of Mr. WELCH, the Convention 
 adjourned until 2 o'clock this afternoon. 
 
 EVENING SESSION. 
 
 The Convention met pursuant to adjourn- 
 ment. 
 
 Mr. McCLURG, on leave, presented a pe- 
 tition from citizens of Callaway county, 
 asking the passage of an ordinance to pro- 
 hibit rebels, or rebel sympathizers, from 
 voting at the next elections ; which was re- 
 ferred to the Committee on Elections. 
 
 On motion of Mr. HUDGENS, Messrs. Irwin, 
 Hendrick, Moss, Shanklin and McDowell 
 were appointed by the President as a com- 
 mittee to act upon the petition presented 
 by Mr. Vanbuskirk on this morning, which 
 asks the expulsion of said Hudgens as a 
 member of this Convention. 
 
 The question before the Convention be- 
 ing stated by the President to be on agree- 
 ing to the amendment offered by Mr. Orr, 
 to the 1st section of "An ordinance defin- 
 ing the qualifications of voters and civil 
 offcers in this State" 
 
 Mr. WELCH moved to adjourn until to- 
 morrow morning at 9 o'clock. Negatived. 
 
 The question on agreeing to the amend- 
 ment of Mr. Orr was decided in the affirm- 
 ative by the following vote, the ayes and 
 noes being demanded by Mr. Rowland : 
 
 AYES Messrs. Allen, Bass, Bast, Birch, 
 Brown, Calhoun, Cayce, Collier, Comingo, 
 Doniphan, Douglass,Drake,Dunn, Frayser, 
 Flood, Gravelly, Howell, Hudgens, Jackson, 
 Kidd, Long, Marmaduke, Matson, McDow- 
 ell, McFerran, Moss, Orr, Phillips, Pipkin, 
 Pomeroy, Rankin, Ray, Ross, Rowland, 
 Shackelford of St. Louis, Shanklin, Smith 
 of L., Waller, Welch, Woodson, Woolfolk, 
 
19 
 
 Vanbuskirk, Zimmerman, and Mr. Presi- 
 dent 44. 
 
 NOES Messrs. Bogy, Breckinridge, Broad- 
 head, Bridge, Bush, Bitzen, Hall of B., 
 Hall of R., Hendricks, Hitchcock, Holmes, 
 How, Irwin, Isbell, Johnson, Leeper, Lin- 
 ton, Marvin, McClurg, McCorniack, Meyer, 
 Scott, and Smith of St. L. 24. 
 
 On motion of Mr. BRIDGE, the ordinance 
 was recommitted to the Committee on 
 Elections. 
 
 Mr. WELCH moved to adjourn until 8 
 o'clock to-morrow morning, which was de- 
 cided in the negative. 
 
 Mr. Ho WELL moved that the Committee 
 on Elections be instructed to make a report 
 
 on the basis of an ordinance reported by a 
 minority of said committee, dispensing 
 with the election, in the year 1862, of cer- 
 tain State and county officers mentioned 
 in said ordinance. 
 
 Mr. MCFERRAN, from the Committee on 
 Elections and Election Franchise, reported 
 "An ordinance to enable citizens of this 
 State in the military service of the United 
 States or the State of Missouri to vote," 
 which was, on his motion, laid on the table, 
 and 200 copies ordered to be printed. 
 
 On motion of Mr. MCFERRAN, the Con- 
 vention adjourned until to-morrow morn- 
 ing at 9 o'clock. 
 
 SIXTH DAY. 
 
 SATURDAY MORNING, June 7, 1862. 
 
 The Convention met pursuant to adjourn- 
 ment, and was opened with prayer by the 
 Chaplain. 
 
 On motion of Mr. Moss, the reading of 
 the Journal of yesterday was dispensed 
 with. 
 
 The President laid before the Convention 
 a communication from the Warden and In- 
 spectors of the Penitentiary, inviting them 
 to a visit and examination of said building, 
 and of the manner in which the convicts 
 were treated. 
 
 Mr. BRECKINRIDGE presented the follow- 
 ing ordinance, entitled 
 
 AN ORDINANCE TO PROVIDE FOR SUBMIT- 
 TING TO A VOTE OF THE PEOPLE OF MIS- 
 SOURI CERTAIN AMENDMENTS TO THE 
 CONSTITUTION, AND A SCHEME FOR THE 
 GRADUAL EMANCIPATION OF SLAVES. 
 Be it ordained by the People of the State of Mis- 
 souri in Convention assembled, as follows : 
 SECTION 1. That the first and second clauses 
 of the 26th section of the 3d article of the Con- 
 stitution be and the same are hereby abolished. 
 SEC. 2. That all negroes and mulattoes who 
 shall be born in slavery in this State, from 
 and after the first day of January, A. D. 1865, 
 shall be deemed and considered slaves until 
 they shall arrive at the age of twenty-five years, 
 
 and no longer, unless sooner permanently re- 
 moved from the State. 
 
 Provided, always, That it shall be the duty 
 of the General Assembly of this State, afe its 
 first regular session after this ordinance shall 
 take effect, or as soon thereafter as may be 
 practicable, to provide by law for the pay- 
 ment to the owners of those negroes and mulat- 
 toes who would but for this ordinance have 
 been born slaves for life, a full equivalent for 
 their value at the expiration of their term of 
 service, and also to provide by law for their 
 removal to such place or places beyond the 
 limits of this State as may be designated by 
 the General Assembly, at the expense of the 
 State, of such persons as they arrive at the age 
 of twenty-five years ; and also to address a me- 
 morial to the Congress of the United States, 
 announcing the acceptance by the State of 
 Missouri of the offer made in the resolution re- 
 commended for adoption by the President of 
 the United States, approved April , 1862, and 
 asking a fulfilment of the pledge therein con- 
 tained, to aid those States which should provide 
 by law for the emancipation of slaves, in bear- 
 ing the burdens thereby incurred. 
 
 SEC. 3. That it shall be the duty of every 
 person who shall be the owner, or who shall 
 have charge for the owner or owners thereof, 
 of any negro or mulatto born in this State after 
 the first day of January, A. D. 1%5, to deliver, 
 or cause to be delivered, within six months af- 
 
20 
 
 ter the birth of said negro or mulatto, to the 
 clerk of the County Court of the county in 
 which he or she may reside, or in which said 
 negro or mulatto may be born, to be duly filed 
 and recorded in his office in a record book to 
 be provided for that purpose, a paper duly 
 signed, stating the name, age and sex of said 
 negro or mulatto, and the name and residence 
 of the owner or owners thereof ; and failing in 
 this, shall be deemed to have relinquished all 
 claim for compensation as provided in section 
 two for said negro or mulatto so not registered. 
 
 SEC. 4. That from and after the date at which 
 this ordinance shall take effect, no slaves shall 
 be brought into this State. 
 
 SEC. 5. That at the election for State officers 
 to be held on the first Monday of August, A. 
 D. 1864, the several clerks of the County 
 Courts, or, in case said clerks shall fail to do 
 so, then the clerks of the election, shall, in 
 preparing the poll books for the election, enter 
 thereon two columns, one headed "For gradu- 
 al emancipation," and the other " Against 
 gradual emancipation ;" and if a majority of 
 the legal votes given be for gradual emancipa- 
 tion, then this ordinance shall take effect and 
 be in full force ; and if a majority of the legal 
 votes given be against gradual emancipation, 
 then this ordinance shall be null, void, and 
 of no effect : and when the result of said elec- 
 tion shall be ascertained, the Governor of the 
 State shall, by proclamation, announce the 
 same. 
 
 The above ordinance, on motion of Mr. 
 Hall of R., was laid on the table by the fol- 
 lowing vote, the ayes and noes being de- 
 manded by Mr. Zimmerman : 
 
 AYES Messrs. Allen, Bass, Bast, Birch, 
 Bogy, Brown, Calhoim, Cayce, Collier, Co- 
 mingo, Doniphan, Douglass, Drake, Dunn, 
 Frayser, Flood, Gravelly, Hall of B., Hall 
 of R., Hendricks, Howell, Hudgens, Irwin, 
 Jamison, Johnson, Kidd, Long, Marina- 
 duke, Marvin, Matson, McCormack, Mc- 
 Dowell, McFerran, Moss, Orr, Phillips, 
 Pipkin, Rankin, Ray, Ross, Rowland, 
 Shackelford of St. L., Shanklin, Sheeley, 
 Smith of L., Waller, Welch, Woodson, 
 Woolfolk, Vanbuskirk, Zimmerman, and 
 Mr. President 52. 
 
 NOES Messrs. Breckinridge, Broadhead, 
 Bridge, Bush, Eitzen, Henderson, Hitch- 
 cock, Holmes, How, Isbell, Jackson, Leeper, 
 Linton, McClurg, Meyer, Pomeroy, Scott, 
 Smith of St. L.., and Stewart 19. 
 
 Mr. HALL of R. then moved to reconsider 
 the vote just taken, and to lay the motion 
 
 to reconsider on the table, which motion 
 was decided in the affirmative. 
 
 Mr. STEWART, from the Committee on the 
 Militia, presented a report, which, on mo- 
 tion of Mr. McFerran, was recommitted to 
 said committee. 
 
 Mr. MCCLURG, from the Committee on 
 Militia, presented a report recommending 
 the passage of " An ordinance for payment 
 of Division Inspectors, and for other pur- 
 poses ;" also, " An ordinance for the ap- 
 pointment of artillery officers." 
 
 Mr. MCFERRAN, from the Committee on 
 Elections, presented a majority report, re- 
 commending the passage of the following 
 ordinance, as amended by the committee, 
 "An ordinance defining the qualifications 
 of voters and civil officers in this State ; " 
 which was, on his motion, laid on the table, 
 and 200 copies ordered to be printed. 
 
 Mr. ORR offered the following resolution, 
 which was adopted : 
 
 Resolved) That the President appoint a 
 special committee to take into consideration 
 the propriety of reporting an ordinance 
 whereby the assessment and collection of 
 the revenue can more effectually be accom- 
 plished. 
 
 Upon which, the President appointed the 
 following gentlemen as said committee : 
 Messrs. Orr, Bridge, Welch, Allen, and 
 Woodson. 
 
 The ordinance entitled, "An ordinance 
 providing for laying off the State into 
 Congressional Districts,' 5 as reported by 
 the Committee on Districts, was then taken 
 up by the Convention and considered by 
 sections. 
 
 The first section being read, was, on 
 motion, agreed to. 
 
 The first, second, third, and fourth 
 clauses of the second section were read 
 and agreed to. 
 
 Upon the fifth clause of the second sec- 
 tion Mr. WELCH offered the following 
 amendment, which was rejected : 
 
 Amend by striking out " Moniteau, Cole, 
 Morgan, Miller, and Camden," from the 
 Fifth District, and adding the same to the 
 Sixth District ; and striking out " Lafay- 
 ette, Saline, and Jackson," from the Sixth 
 
21 
 
 District, and adding the same to the Fifth 
 District. 
 
 The fifth and sixth clauses of said section 
 were then agreed to. 
 
 Mr. SMITH of L. offered the following 
 amendment : 
 
 Amend the seventh clause of second sec- 
 tion by striking out " Linn" and inserting 
 "Sullivan," and strike out "Sullivan" 
 from the eighth clause and insert " Linn," 
 which amendments were agreed to, and the 
 seventh and eighth clauses of said section 
 as amended were agreed to by the Conven- 
 tion. 
 
 The ninth clause of said section was then 
 agreed to, and the ordinance as amended 
 was then adopted by the Convention. 
 
 Mr. HENDERSON presented the memorial 
 of Philander Draper, which was referred 
 to a select committee, consisting of Messrs. 
 Broadhead, Zimmerman, McFerran, Wool- 
 folk, and Douglass. 
 
 On motion of Mr. MCFERRAN, " the ordi- 
 nance denning the qualifications of voters 
 and civil officers of this State," was taken 
 up and made the special order for two 
 o'clock P. M. 
 
 On motion of Mr. HALL of B., the ordi- 
 nance introduced by him, entitled " An 
 ordinance to amend 'An ordinance pro- 
 viding for abolishing certain offices, redu- 
 cing salaries, and testing the loyalty of civil 
 officers in this State,' " was taken up and 
 adopted by the Convention. 
 
 Mr. MCFERRAN then called up the ordi- 
 nance introduced by the Committee on 
 Elections, entitled " An ordinance repeal- 
 ing certain ordinances submitting the action 
 of the Convention to a vote of the people 
 of Missouri ; " pending the consideration of 
 which, 
 
 On motion of Mr. ISBELL, the Convention 
 adjourned until 2 o'clock P. M. 
 
 EVENING SESSION. 
 
 The Convention met pursuant to adjourn- 
 ment. 
 
 The special order, being the consideration 
 of " An ordinance defining the qualifica- 
 tions of voters and civil officers of this 
 
 State," was then taken up ; when Mr. MC- 
 FERRAN moved to strike out the second sec- 
 tion, which motion was agreed to. 
 
 Mr. MCFERRAN then offered the following 
 amendment amend by striking out the 
 third section, and insert the following in 
 lieu thereof : 
 
 " SEC. 3. Every person before he is elect- 
 ed or appointed to any civil office within 
 this State, under the Constitution and 
 laws thereof, whether State, county, town- 
 ship, municipal, or other civil office, shall 
 take and subscribe an oath in form as 
 follows : ' I, A. B., on oath, (or affirm- 
 ation,) declare that I have not, during 
 the present rebellion, taken up arms, or 
 levied war, against the United States, nor 
 against the Provisional Government of the 
 State of Missouri, nor have wilfully adhered 
 to the enemies of either, whether domestic 
 or foreign, by giving them aid and comfort, 
 but have always, in good faith, opposed the 
 same. And further, that I will support, 
 protect and defend the Constitution of the 
 United States and of the State of Missouri 
 against all enemies and opposers, whether 
 domestic or foreign, any ordinance, law or 
 resolution of any State Convention or Le- 
 gislature, or any order or organization, 
 secret or otherwise, to the contrary notwith- 
 standing ; and that I do this with an honest 
 purpose, pledge and determination faith- 
 fully to perform the same, without any men- 
 tal reservation or evasion whatever' : which 
 oath shall be filed in the office of the Sec- 
 retary of State by candidates for State 
 offices, and by candidates for all county 
 and other offices in the office of the clerk 
 of the County Court, (or other officer charg- 
 ed with equivalent duties,) in the county 
 wherein they respectively reside, at least 
 five days before the day of election ; and 
 no vote shall be cast up, or certificate of 
 election granted to, any candidate who 
 fails to file such oath, as required by this 
 ordinance." 
 
 Mr. BIRCH moves to amend the third sec- 
 tion by striking out all that part between 
 the beginning of the fifth line and the word 
 "further," inclusive, in the eighth line, 
 and insert in lieu thereof the following : 
 " That I will not during the present rebel- 
 
22 
 
 lion take up arms or levy war against the 
 United States, nor against the Provisional 
 Government of the State of Missouri, nor 
 give aid or comfort to the enemies or op- 
 posers of either, whether domestic or 
 foreign." 
 
 The question being on the amendment 
 offered by Mr. Birch, was decided in the 
 negative by the following vote, the ayes 
 and noes being demanded by Mr. Meyer : 
 
 AYES Messrs. Bast, Birch, Comingo, 
 Dunn, Frayser, Hudgens, Marmaduke, 
 Matson, Pipkin, Ray, Ross, Waller, and 
 Woodson 13. 
 
 NOES Messrs. Allen, Bogy, Breckinridge, 
 Broadhead, Bush, Calhoun, Cayce, Doni- 
 phan, Douglass, Flood, Gravelly, Hall of 
 B., Hall of R., Henderson, Hendricks, 
 Hitchcock, Holmes, How, Howell, Irwin, 
 Isbell, Jackson, Johnson, Jamison, Kidd, 
 Lceper, Linton, Long, Marvin, McClurg, 
 McUormack, McDowell, McFerran, Meyer, 
 Moss, Orr, Pomeroy, Rankin, Rowland, 
 Scott, Shackelford of St. L., Shanklin, 
 Smith of L., Smith of St. L., Stewart, 
 Welch, Woolfolk, Vanbuskirk, Zimmerman, 
 and Mr. President 49. 
 ticK Mr. Sheeley. 
 
 PAIRED OFF Messrs. Phillips and Brown. 
 The amendment of Mr. McFerran was 
 then agreed to. 
 
 Mr. Moss then offered the following as a 
 substitute for said ordinance : 
 
 SECTION 1. That the Governor, Lieuten- 
 ant Governor, and Secretary of State, here- 
 tofore appointed by this Convention, shall 
 continue in office until the first Monday 
 in August, 1864, and until their suc- 
 cessors are duly elected and qualified, and 
 shall discharge the duties and exercise the 
 privileges which pertain to their respective 
 offices. 
 
 SEC. 2. That the election required by 
 existing law to be held on the first Monday 
 in August, in the year eighteen hundred 
 and sixty-two, for Senators and Represen- 
 tatives in the General Assembly of the 
 State, and for justices of the county courts, 
 and for sheriffs, coroners and other county 
 and township officers, be and the same is 
 hereby dispensed with. 
 
 SEC. 3. In lieu of said election of sheriffs, 
 county court justices, and coroners, above 
 dispensed with, the Governor shall appoint 
 a sheriff and coroner for each county in the 
 
 State and county court justices in counties 
 where vacancies may occur, who shall hold 
 their respective offices for the same term 
 and in like manner as if they had been 
 elected on said first Monday in August, 
 eighteen hundred and sixty-two. 
 
 SEC. 4. In the event of any other State, 
 county or township office being or becom- 
 ing vacant prior to the first Monday in Au- 
 gust, eighteen hundred and sixty-three, by 
 limitation, death, resignation, or otherwise, 
 such office or offices so becoming vacant, 
 hall be filled by the proper authorities 
 under existing laws ; (authorities to fill 
 vacancies in such offices by appointment ;) 
 and officers appointed to fill vacancies as 
 aforesaid shall hold their said offices for 
 the same time as if they had been elected 
 under existing laws. 
 
 SEC. 5. No person shall vote at any 
 election to be hereafter held in this State, 
 under or in pursuance of the Constitution 
 and laws thereof, who shall not, in ad- 
 dition to possessing the qualifications 
 already prescribed for electors, take an 
 oath in form as follows, namely: "I, 
 
 , do solemnly swear (or affirm, as 
 
 the case may be) that I will support, pro- 
 tect and defend the Constitution of the 
 United States, and the Constitution of the 
 State of Missouri, against all enemies and 
 opposers, whether foreign or domestic ; that 
 I will bear true faith, loyalty and allegiance 
 to the United States, and will not, directly 
 or indirectly, give aid, comfort, or coun- 
 tenance, to the enemies or opposers there- 
 of, or of the Provisional Government of the 
 State of Missouri, any ordinance, law or 
 resolution of any State Convention or Le- 
 gislature, or of any order or organization, 
 secret or otherwise, to the contrary not- 
 withstanding ; and that I do this with a full 
 and honest determination, pledge and pur- 
 pose, without any mental reservation or 
 evasion whatever : So help me God." And 
 the judges of election, or one of them, shall 
 administer such oath to all persons offering 
 to vote. 
 
 By leave of the Convention, on motion of 
 Mr. ALLEN, the thanks of this Convention 
 are hereby tendered to the ladies of Jeffer- 
 
son City for the bouquet presented by them 
 to the Convention. 
 
 Pending the consideration of the substi- 
 tute offered by Mr. Moss, 
 
 On motion of Mr. PIPKIN, the Convention 
 adjourned until Monday morning at nine 
 o'clock. 
 
 SEVENTH DAY. 
 
 MONDAY MORNING, June 9, 1862. 
 
 The Convention met pursuant to adjourn- 
 ment, Vice-President WELCH in the Chair, 
 and was opened with prayer by Rev. Mr. 
 ALLEN. 
 
 On motion of Mr. IRWIN, the reading of 
 the Journal was dispensed with. 
 
 On motion of Mr. MCFERRAN, Mr. Stew- 
 art has leave to make a report, and also 
 has leave to have said report printed in the 
 papers of the day. 
 
 The question before the Convention 
 being the substitute offered by Mr. Moss 
 for the ordinance as reported by the com- 
 mittee, 
 
 Mr. Moss, by leave of the Convention, 
 withdrew said substitute. 
 
 Mr. MCDOWELL offers a substitute for said 
 ordinance, but after being read, withdrew 
 the same. 
 
 Mr. BRECKINRIDGE offers the following 
 amendment : 
 
 Amend 12th line of first section by in- 
 serting before the last sentence thereof, the 
 following words : " And I do further sol- 
 emnly swear (or affirm) that I have not, 
 since the 17th day of December, A. D. 
 1861, wilfully taken up arms, or levied war, 
 against the United States, or against the 
 Provisional Government of the State of 
 Missouri : So help me God." 
 
 Mr. SHANKLIN offered to amend the 
 amendment by striking out the " seven- 
 teenth day of December," and inserting 
 the " tenth day of June, eighten hundred 
 and sixty-two." 
 
 Pending the consideration of which, on 
 motion of Mr. MCFERRAN, the Convention 
 adjourned until 2 o'clock P. M. 
 
 EVENING SESSION. 
 
 The Convention met pursuant to adjourn 
 ment. 
 
 The question being on the amendment 
 offered by Mr. Shanklin to the amendment 
 offered by Mr. Breckinridge, 
 
 By leave of the Convention, Mr. HALL of 
 B. presented a memorial from A. W. Mor- 
 rison, late Treasurer, asking the Conven- 
 tion to receive the report as made by the 
 committee appointed by Lieut. -Gov. Hall 
 to investigate the accounts and books of 
 his office, and to take such action thereon 
 as may relieve him and his securities from 
 any future responsibility as State Treasu- 
 rer ; which was, on his motion, referred to 
 the Committee on Finance. 
 
 The Convention proceeded to the consid- 
 eration of the amendment offered by Mr. 
 Shanklin, which was disagreed to by the 
 following vote, the ayes and noes being 
 called for by Mr. Moss ; 
 
 AYES Messrs. Bass, Birch, Brown, Cal- 
 houn, Cayce, Collier, Comingo, Doniphan, 
 Donnell, Drake 3 Dunn, Frayser, Flood, 
 Howell, Hudgens, Jamison, Marmaduke, 
 Matson, McDowell, McFerran, Moss, Orr, 
 Pipkin, Ray, Ross, Rowland, Sayre, Shank- 
 lin, Sheeley, Waller, Woodson, and Zim- 
 merman 32. 
 
 NOES Messrs. Allen, Bast, Bogy, Breck- 
 inridge, Bridge, Bush, Douglass, Eitzen, 
 Gravelly, Hall of B., Hendricks, Hitchcock, 
 Holmes, How, Irwin, Isbell, Jackson, John- 
 son, Kidd, Leeper, Linton, Long, Marvin, 
 McClurg, McCormack, Meyer, Phillips, 
 Pomeroy, Rankin, Scott, Shackelford of 
 St. Louis, Smith of St. L., Stewart, Welch, 
 Woolfolk, and Vanbuskirk 37. 
 
 Mr. ORR offered thefollowing amendment: 
 amend by adding to the amendment, " Nor 
 have I since the 17th of December, 1861^ 
 
24 
 
 stole, taken, or pressed, any property con- 
 trary to law ; " which was disagreed to by 
 the following vote, the ayes and noes having 
 been demanded by Mr. Orr : 
 
 AYES Messrs. Bast, Cayce, Donnell, 
 Hudgens, Marmaduke, Matson, Orr, and 
 Pipkin 8. 
 
 NOES Messrs. Allen, Birch, Bogy, Breck- 
 inridge, Brown, Bush, Calhoun, Comingo, 
 Doniphan, Douglass, Drake, Dunn,Eitzen, 
 Frayser, Flood, Gravelly, Hall of B., Hen- 
 dricks, Hitchcock, Holmes, How, Howell, 
 Irwin, Isbell, Jackson, Jamison, Johnson, 
 Kidd, Leeper, Linton, Long, Marvin, Me- 
 Clurg, McCormack, McFerran, McDowell, 
 Meyer, Moss, Phillips, Pomeroy, Rankin, 
 Ray, Ross, Rowland, Sayre, Scott, Shackel- 
 ford of St. L., Shanklin, Smith of L., 
 Smith of St. L., Stewart, Waller, Welch, 
 Woolfolk, Yanbuskirk, and Zimmerman 
 57. 
 
 Mr. WOOLFOLK offered the following 
 amendment : 
 
 Amend the amendment by adding after 
 the words " So help me God" : "Provided, 
 however, that any qualified elector under 
 the Constitution and laws of this State, who 
 claims to have taken up arms or levied war 
 against the Government of the United 
 States, or the Provisional Government of 
 this State, through fraudulent representa- 
 tions, supposed obligations of duty, or 
 duress, and who claims to have wholly 
 abandoned all allegiance and fidelity to the 
 so-called Government of the Confederate 
 States of America, shall be allowed to vote 
 by filing the following oath in the county 
 clerk's office of the county where he resides, 
 and obtaining a certificate thereof from the 
 clerk, to wit : 
 
 "I, A. B., having taken up arms against 
 the Provisional Government of this State 
 and the Government of the United States 
 in violation of my duty as a loyal citizen, 
 and being now convinced of my error in so 
 doing, do hereby solemnly swear (or affirm) 
 that I deliberately and wholly abjure all 
 duty, allegiance and fidelity to the so-called 
 Government of the Confederate States of 
 America ; that I will support, protect and 
 defend the Constitution and Government 
 of the United States, and the Constitution 
 and Provisional Government of the State of 
 Missouri, against all enemies and opposers, 
 whether domestic or foreign; that I will 
 
 bear true faith, loyalty and allegiance to 
 the United States, and will not directly or 
 indirectly give aid, comfort or countenance 
 to the enemies or opposers thereof, or the 
 Provisional Government of the State of 
 Missouri, any ordinance, law or resolution 
 of any State Convention or Legislature, or 
 any order or organization, local or other- 
 wise, to the contrary notwithstanding ; and 
 that I do this with a full and honest deter- 
 mination, pledge and purpose, without any 
 mental reservation or evasion whatever : So 
 help me God." 
 
 Which was rejected by the following vote, 
 the ayes and noes being called for by Mr. 
 Woolfolk : 
 
 AYES Messrs. Birch, Brown, Collier, 
 Drake, Jamison, Kidd, McDowell, McFer- 
 ran, Rowland, Sayre, and Woolfolk 11. 
 
 NOES Messrs. Allen, Bass, Bast, Bogy, 
 Breckinridge, Bridge, Bush, Calhoun, 
 Cayce, Doniphan, Donnell, Dunn, Eitzen, 
 Frayser, Flood, Hall of B., Hendricks, 
 Hitchcock, Holmes, How, Howell, Irwin, 
 Isbell, Jackson, Johnson, Leeper, Linton, 
 Long, Marmaduke, Marvin, Matson, Mc- 
 Clurg, McCormack, Meyer, Moss, Orr, Phil- 
 lips, Pipkin, Pomeroy, Rankin, Ray, Scott, 
 Shackelford of St. L., Shanklin, Sheeley, 
 Smith of L., Smith of St. L., Stewart, Wal- 
 ler, Welch, Woodson, Vanbuskirk, and 
 Zimmerman 53. 
 
 Mr. BIRCH moved a call of the House, 
 which was ordered, when the following 
 members were noted as being absent: 
 Messrs. Collier, Comingo, and Gravelly. 
 
 On motion of Mr. HALL of B., further 
 proceeding under the call was dispensed 
 with. 
 
 Mr. ALLEN moved the House adjourn until 
 to-morrow morning at 9 o'clock, which 
 motion was decided in the negative. 
 
 The question recurring upon agreeing to 
 the amendment of Mr. Breckinridge, it was 
 agreed to by the following vote, the ayes 
 and noes being called for by Mr. Breckin- 
 ridge : 
 
 AYES Messrs. Allen, Bogy, Breckin- 
 ridge, Bridge, Bush, Douglass, Eitzen, Hall 
 of B., Hendricks, Hitchcock, Holmes, How, 
 Irwin, Isbell, Jackson, Johnson, Kidd, 
 Leeper, Linton, Long, Marvin, McCormack, 
 McClurg, Meyer, Phillips, Pomeroy, Ran- 
 kin, Scott, Shackelford, Shanklin, Smith 
 of L., Smith of St. L., Stewart, Welch, and 
 Vanbuskirk 35. 
 
25 
 
 NOES Messrs. Bass, Bast, Birch, Brown, 
 Calhoun, Cayce, Doniphan, Donnell, Drake, 
 Dunn, Frayscr, Flood, Hovvcll, lludgens, 
 Jamison, Marmaduke, Matson, McDowell, 
 McFerran, Moss, Orr, Pipkin, Ray, Ross, 
 Rowland, Sayre, Sheeley, Waller, Wood- 
 eon, Woolfolk, and Zimmerman 31. 
 
 The first section of said ordinance^was 
 then agreed to by the following vote, the 
 ayes and noes being demanded by Mr. 
 Breckinridge : 
 
 AYES Messrs. Allen, Bogy, Breckin- 
 ridge, Bridge, Bush, Douglass, Eitzen, Hall 
 of B., Hendricks, Hitchcock, Holmes, How, 
 Irwin, Isbell, Jackson, Jamison, Johnson, 
 Kidd, Leeper, Linton, Long, Marvin, Mc- 
 Clurg, McCormack, McFerran, Meyer, Orr, 
 
 Phillips, Pomeroy, Rankin, Scott, Shackel- 
 ford of St. L., Shanklin, Smith of L., Smith 
 of St. L., Stewart, Welch, Woolfolk, and 
 Vanbuskirk 39. 
 
 NOES Messrs^ Bass, Bast, Birch, Brown, 
 Calhoun, Cayce, Doniphan, Donnell, Drake, 
 Dunn, Frayser, Flood, Howell, lludgens, 
 Marmaduke, Matson, McDowell, Moss, Pip- 
 kin, Ray, Ross, Rowland, Sayre, Sheeley, 
 Waller, Woodson, and Zimmerman 27. 
 
 Mr. PHILLIPS moves to reconsider the vote 
 just taken and to lay the motion to recon- 
 sider on the table, which motion to lay on 
 the table was agreed to. 
 
 On motion of Mr. ALLEN, the Convention 
 adjourned until to-morrow morning at 9 
 o'clock. 
 
 EIGHTH DAT. 
 
 TUESDAY MORNING, June 10, 1862. 
 
 The Convention met pursuant to adjourn- 
 ment, and was opened with prayer by Mr. 
 ALLEN. 
 
 The Journal of the proceedings of yester- 
 day was read and approved. 
 
 Mr. DOUGLASS offered the following reso- 
 lution, which was adopted : 
 
 Resolved, That one hour of the morning 
 sessions of the Convention be fixed for the 
 reception of reports from committees. 
 
 Mr. WELCH, Vice President and Acting 
 President of the Convention, asked to be, 
 and was on motion excused from serving on 
 all committees upon which he has been 
 appointed in this Convention. 
 
 Mr. DOUGLASS, from the committee to 
 whom was referred the memorial of Phi- 
 lander Draper and others, made the follow- 
 ing report : 
 
 "The committee to whom was referred 
 the memorial of Philander Draper and 
 others, ask leave to report ' An ordinance 
 for the appointment of a Commissioner to 
 audit certain claims against the State/ and 
 recommend its passage. 
 
 BROADHEAD, Chairman." 
 
 On motion of Mr. DOUGLASS, the ordi- 
 nance was laid on the table, subject to be 
 called up at any time. 
 
 Mr. MCFERRAN, on leave of the Conven- 
 tion, called up an ordinance heretofore 
 reported from the Committee on the Militia, 
 and on his motion 200 copies were ordered 
 to be printed, viz : "An ordinance for pay- 
 ment of Division Inspectors and for other 
 purposes." 
 
 Mr. POMEROY submitted the following : 
 
 "The select committee to whom was refer- 
 red an ordinance entitled " An ordinance 
 for the distribution of Laws therein named," 
 beg leave to report the same to the Con- 
 vention, and recommend its adoption. 
 
 POMEROY, Chairman." 
 
 On motion of Mr. MCFERRAN, the ordi- 
 nance was laid on the table. 
 
 Mr. WOODSON presented a memorial from 
 Professor G. G. Swallow, which on his 
 motion was referred to the* Committee on 
 Finance. 
 
 Mr. ORR, from a select committee to whom 
 was referred " An ordinance in relation to 
 the duties of Register of Lands and County 
 Assessors," reported the same back with 
 amendments, and recommended its passage. 
 
26 
 
 On motion of Mr. MCFERRAN, the ordi- 
 nance was laid on the table and 200 copies 
 ordered to be printed. 
 
 On motion of Mr. McCnjRG, "An ordi- 
 nance for the appointment of Artillery 
 Officers," reported from the Committee on 
 the Militia as follows, was then taken up : 
 
 AN ORDIN A NCE FOR T HE APPOINTMENT OF 
 ARTILLERY OFFICERS FOR THE GREATER 
 EFFICIENCY OF THE IMPORTANT ARM OF 
 THE MILITARY SERVICE, THE ARTILLERY. 
 
 kl Be it ordained by the People of the State of 
 Missouri in Convention assembled as fol- 
 lows : 
 
 " That the Governor is hereby authorized 
 to appoint and commission all officers of 
 artillery companies in the Missouri State 
 Militia." 
 
 Mr. MCFERRAN offered the following 
 amendment, which was agreed to : 
 
 Amend by way of new section as follows : 
 " SEC. 2. This ordinance may be repealed 
 at any time by the General Assembly of 
 this State." 
 
 The ordinance as amended was adopted. 
 
 Mr. ZIMMERMAN, offered the following reso- 
 lution, which, on motion of Mr. Allen, was 
 laid on the table : 
 
 Resolved, That this Convention adjourn 
 on next Thursday and stand adjourned 
 until the next Legislature is elected and 
 duly qualified : Provided, however, if the 
 chief executive shall deem it necessary he 
 may at any time call the Convention to- 
 gether, and if the Convention should not be 
 called together before the Legislature is 
 elected and qualified, it shall then stand 
 adjourned sine die. 
 
 Mr. IRWIN, from a select committee, made 
 the following report : 
 
 " The committee to whom was referred 
 the petition of sundry citizens of the Fourth 
 Conventional District, composed of the 
 counties of Andrew, Nodaway, Holt, and 
 Atchison, praying for the expulsion of Hon. 
 Prince L. Hudgens from the Convention, 
 would beg leave to report that they have 
 had under consideration the said petition 
 and the matters therein contained, and, 
 after a careful investigation of the charge 
 alleged and set forth therein, are of opinion 
 
 that the evidence produced before your 
 committee is insufficient to justify the Con- 
 vention in expelling the said Hudgens from 
 his seat upon this floor, and therefore re- 
 commend that the prayer of the petitioners 
 be not granted." 
 
 The Convention having resumed the con- 
 sideration of the third section of the ordi- 
 nance entitled "An ordinance defining the 
 qualifications of voters and civil officers in 
 this State," Mr. SCOTT offered to amend as 
 follows : 
 
 Amend the fifteenth line, after the word 
 "officers," as follows: "and all Circuit 
 and County Clerks." 
 
 Amendment disagreed to. 
 
 Mr. Ho WELL offered the following amend- 
 ment : Amend the amendment by insert- 
 ing after the words " State of Missouri," 
 the words " nor since the 17th day of De- 
 cember, 1861;" which was disagreed to by 
 the following vote, the ayes and noes called 
 for by Mr. Pipkin : 
 
 AYES Messrs. Bast, Birch, Brown, Cal- 
 houn, Cayce, Collier, Comingo, Donnell, 
 Drake, Dunn, Frayser, Flood, Howell, 
 Marmaduke, Matson, Pipkin, Ray, Sayre, 
 Sheeley, Waller, Woodson, and Zimmerman 
 22. 
 
 NOES Messrs. Allen, Bogy, Breckin- 
 ridge, Bridge, Bush, Doniphan, Douglass, 
 Eitzen, Gravelly, Hall of B., Hendricks, 
 Hitchcock, Holmes, How, Irwin, Isbell, 
 Jamison, Johnson, Leeper, Linton, Long, 
 Marvin, McClurg, McCormack, McDowell, 
 McFerran, Meyer, Moss, Orr, Phillips, 
 Pomeroy, Rankin, Ross, Rowland, Scott, 
 Shackelford of St. L,, Shanklin, Smith of 
 L., Smith of St. L., Stewart, Welch, Wool- 
 folk, and Vanbuskirk 44. 
 
 The third section of said ordinance was 
 then, as amended, adopted. 
 
 The fourth section was then taken up 
 and agreed to. 
 
 The fifth section was taken up, when Mr. 
 MCFERRAN offered to amend the same as 
 follows : 
 
 Amend, after the word " Gospel' 5 in the 
 third line, by inserting the words " Presi- 
 dent, Directors, Professors, and Tutors of 
 the State University ;" which was agreed to. 
 
 Mr. MCFERRAN offered the following 
 amendment to the ordinance : 
 
 Amend by striking out the fifth section, 
 and inserting the following in lieu thereof : 
 
27 
 
 SEC. 5. The courts of this State shall re- 
 quire all jurymen and attorneys to take 
 
 and subscribe the following oath : u I, , 
 
 do solemnly swear, (or affirm, as the case 
 may be,) that I will support, protect and de- 
 fend the Constitution of the United States, 
 and the Constitution of the State of Mis- 
 souri, against all enemies or opposers, 
 whether domestic or foreign; that I will 
 Ju-ju- true faith, loyalty, and allegiance to 
 the United States, and will not, directly or 
 indirectly, adhere to the enemies or oppo- 
 sers thereof, or of the Provisional Govern- 
 ment of the State of Missouri, by giving 
 them aid and comfort, any ordinance, law, 
 or resolution of any State Convention or 
 Legislature, or of any order or organiza- 
 tion, secret or otherwise, to the contrary not- 
 withstanding ; and that I do this with a full 
 and honest determination, pledge and pur- 
 pose, without any mental reservation or eva- 
 sion whatever : So help me God." The same 
 oath shall also be taken and subscribed by 
 the President, Professors and Curators of the 
 University of the State of Missouri, by all 
 Bank officers, Common School teachers who 
 are paid wholly or in part by the funds 
 provided by law, and Common School trus- 
 tees, all officers of all incorporated com- 
 panies of this State, and by all licensed or 
 ordained preachers of the Gospel before 
 performing the ceremony of marriage in 
 this State, and filed in any County Clerk's 
 office in this State ; and every licensed or 
 ordained preacher of the Gospel who shall 
 perform the ceremony of marriage in this 
 State before taking said oath, and every 
 other person aforesaid assuming to dis- 
 charge the duties pertaining to his said avo- 
 cation under the laws of this State, without 
 complying with the provisions of this sec- 
 tion, shall be liable to prosecution in any 
 court of competent jurisdiction in this State, 
 by indictment, and upon conviction shall 
 be punished for each offence by a fine not 
 less than ten nor more than two hundred 
 dollars. This section shall take effect ninety 
 days from the passage of this ordinance." 
 
 Mr. ORR offered the following : Amend 
 the fifth section by striking out all that 
 relates to ministers of the Gospel, school 
 teachers, and school trustees. 
 
 Pending which, on motion of Mr. SIIEE- 
 LEY, the Convention adjourned until 2 
 o'clock P. M. 
 
 EVENING SESSION. 
 
 The Convention met pursuant to adjourn- 
 ment, and resumed the consideration of the 
 amendment offered by Mr. Orr : 
 
 The amendment was disagreed to by the 
 following vote, the ayes and noes being 
 called for by Mr. Orr. 
 
 AYES Messrs. Allen, Bogy, Brown, Cal- 
 houn, Cayce, Collier, Comingo, Doniphan, 
 Donnell, Drake, Dunn, Frayser, Flood, 
 Gravelly, Howell, Hudgens, Jamison, 
 Kidd, Matson, Moss, Orr, Pipkin, Pomeroy, 
 Rankin, Ray, Rowland, Sayre, Sheeley, 
 Waller, Welch, Woodson, and Zimmerman 
 32. 
 
 NOES Messrs. Birch, Breckinridge, 
 Bridge, Bush, Douglass, Eitzen, Hall of B., 
 Hendricks, Hitchcock, Holmes, How, Ir- 
 win, Isbell, Jackson, Johnson, Leeper, Lin- 
 ton, Marvin, McClurg, McCormack, Mc- 
 Dowell, McFerran, Meyer, Phillips, Ross, 
 Scott, Shackelford of St. L,, Shanklin, 
 Smith of L., Smith of St. L., Stewart, 
 Woolfolk, and Vanbuskirk 33. 
 
 The amendment offered by Mr. MCFER- 
 RAN to the 5th section was agreed to by 
 the following vote, the ayes and noes called 
 for by Mr. McFerran : 
 
 AYES Messrs. Bogy, Breckinriclge, 
 Bridge, Bush, Douglass, Eitzen, Hall of B., 
 Hendricks, Hitchcock, Holmes, How, Irwin, 
 Isbell, Jackson, Jamison, Johnson, Kidd, 
 Leeper, Linton, Long, Marvin, McClurg, 
 McDowell, McCormack, McFerran, Meyer, 
 Phillips, Rankin, Rowland, Scott, Shack- 
 elford of St. Louis, Shanklin, Smith of 
 Linn, Stewart, Woolfolk, and Vanbuskirk 
 36. 
 
 NOES Messrs. Allen, Bass, Bast, Birch, 
 Brown, Calhoun, Cayce, Collier, Comingo, 
 Doniphan, Donnell, Drake, Dunn, Fray- 
 ser, Flood, Gravelly, Howell, Hudgens, 
 Marmaduke, Matson, Moss, Orr, Pipkin, 
 Pomeroy, Ray, Ross, Sayre, Sheeley, Smith 
 of St. L., Waller, Welch, Woodson, and 
 Zimmerman 33. 
 
 The sixth and seventh sections were then 
 agreed to. 
 
 Mr. COMINGO offered the following amend- 
 ment to the ordinance : 
 
 Strike out all after the enacting clause, 
 and insert as follows : 
 
28 
 
 "SECTION 1. Every person who now is, 
 or who shall hereafter become, a candidate 
 for any office in the gift of the people of 
 the State of Missouri, before his name shall 
 be placed upon the poll books at any elec- 
 tion held by virtue or in pursuance of any 
 of the laws or ordinances of the State, shall 
 file in the office of the clerk of the county 
 court of the county in which he resides, his 
 affidavit to the following effect : 
 
 " 1^ y of the county of , can- 
 didate for the office of , do solemnly 
 
 swear (or affirm, as the ease may be) that 
 I will support the Constitution of the United 
 States, and the Constitution of the State 
 of Missouri; that I will neither directly 
 nor indirectly give aid or comfort to the 
 enemies of either of said governments, 
 but that I will well and faithfully labor to 
 preserve, maintain and uphold them both, 
 and to protect them against all their enemies, 
 whether domestic or foreign ; that I will 
 not at any time, nor in any manner, coun- 
 tenance any plan, effort or purpose to sever 
 or disturb the present Federal relations of 
 the State of Missouri with the United 
 States ; nor to interfere with or disturb 
 the authority of the Government of the 
 United States in any place or State where 
 it now is, or has heretofore been, or may 
 hereafter be exercised; nor will I leave 
 any of such plans, efforts or purposes un- 
 exposed to the proper authorities should 
 they come to my knowledge, or should I 
 receive information thereof; and that I 
 take this oath freely and voluntarily, with- 
 out any mental reservation or evasion 
 whatsoever, with a full determination, 
 pledge and purpose faithfully to observe 
 and keep it, any ordinance, resolution or 
 law of any State Convention, Legislature, 
 order or organization, secret or otherwise, 
 to the contrary notwithstanding. So help 
 ne God. 
 
 " SEC. 2. Said affidavit may be made be- 
 fore any officer authorized to administer 
 oaths in the county in which the affiant re- 
 sides ; and when made in any other county, 
 or beyond the limits of the State of Mis- 
 souri, shall be made before a notary pub- 
 lic, commissioner of deeds, or the clerk 
 of a court of record, and certified under 
 
 his seal of office. And all candidates for 
 State offices shall cause a certified copy of 
 said affidavit to be filed in the office of the 
 Secretary of State for the State of Mis- 
 souri, within twenty days after the day of 
 the election, to fill the office or offices to 
 which they aspire. And any failure or re- 
 fusal to take and file the affidavit as herein 
 before required, shall render null and void 
 all votes cast for the candidate or candi- 
 dates so failing or refusing. 
 
 " SEC. 3. No person who has, at any 
 time, been in the military service of the 
 so-called Confederate States of America, 
 or who has, at any time, taken an oath of 
 allegiance to the government of said States, 
 shall be qualified to hold any office of 
 honor, profit or trust under, nor to vote at 
 any election held in pursuance of, the Con- 
 stitution and laws of this State : Provided, 
 however, that the General Assembly of 
 this State may at any time repeal or modify 
 this ordinance, or any part thereof, with 
 respect to such persons, or any of them, 
 either by general or special act, upon such 
 terms as in their judgment the best inter- 
 ests of the State may require. 
 
 u SEC. 4. No person who, after the pas- 
 sage of this ordinance, shall take up arms 
 ! against the United States, or this State, or 
 who shall adhere to, or voluntarily give aid, 
 assistance or encouragement to those who 
 may thus take up arms, or to those en- 
 ! gaged in carrying on the present rebellion, 
 ' shall be qualified to hold any office of 
 i honor, profit or trust under the constitution 
 and laws of this State, nor to vote at any 
 election held under or in pursuance of said 
 constitution and laws : Provided, however, 
 that these disabilities, or either of them, 
 may be removed in the manner prescribed 
 in the third section of this ordinance. 
 
 "SEC. 5. Every person who shall here- 
 after be elected or appointed to any civil 
 office within this State, under the constitu- 
 tion and laws thereof, whether State, coun- 
 ty, or municipal, and the judges and clerks 
 of all elections held under the laws of this 
 State, shall, before entering upon the du- 
 ties of such office, take and subscribe an 
 affidavit, in substance as set forth in the 
 first section of this ordinance. 
 
29 
 
 " SEC. 6. Any person who shall falsely 
 take, or having taken, shall thereupon wil- 
 fully violate any oath prescribed by this 
 ordinance, shall, upon conviction thereof 
 by any court of competent jurisdiction, be 
 adjudged guilty of the crime of perjury, 
 and shall be punished therefor in accord- 
 ance with existing laws. And it shall be 
 the duty of the judges of all courts having 
 criminal jurisdiction under the laws of this 
 State, specially to charge the grand juries 
 in the counties in which such courts shall 
 be held respectively, and of all grand juries 
 in the performance of their duties under 
 the laws of this State, specially to inquire 
 concerning the commission of any act of 
 perjury mentioned or made punishable by 
 this or any other ordinance adopted by this 
 Convention." 
 
 The amendment was disagreed to by the 
 following vote, the ayes and noes called 
 for by Mr. Rowland : 
 
 AYES Messrs. Bast, Birch, Calhoun, 
 Cayce, Collier, Comingo, Donnell, Drake, 
 Dunn, Frayser, Marrnaduke, Pipkin, Row- 
 land, and Welch 14. 
 
 NOES Messrs. Allen, Bass, Bogy, Breek- 
 inridge, Bush, Bridge, Douglass, Eitzen, 
 Flood, Gravelly, Hall of B., Hendricks, 
 Hitchcock, Holmes, How, Irwin, Isbell, 
 Jackson, Jamison, Johnson, Kidd, Leeper, 
 Linton, Long, Marvin, McClurg, McCor- 
 mack, McDowell, McFerran, Meyer, Orr, 
 Phillips, Pomeroy, Rankin, Ross, Scott, 
 Shackelford of St. L., Shanklin, Smith of 
 L., Smith of St. L., Stewart, VVoolfolk, 
 Vanbuskirk, and Zimmerman 44. 
 
 Mr. HENDRICKS offered the following 
 amendment, which was disagreed to : 
 
 " SEC. 8. In case the General Assembly 
 shall not repeal this ordinance sooner, this 
 ordinance shall cease to be in force and 
 effect so soon as the present rebellion shall 
 be ended. 5 ' 
 
 The question now being on the passage 
 of the ordinance as amended, it was adopt- 
 ed by the following vote, the ayes and 
 noes being demanded by Mr. Brown : 
 
 AYES Messrs. Allen, Bogy, Breckin- 
 ridge, Bridge, Bush, Douglass, Eitzen, Gra- 
 velly, Hall of B., Henderson^ Hitchcock, 
 Holmes, How, Irwin, Isbell, Jackson, Jami- 
 son, Johnson, Kidd, Leeper, Linton, Long, 
 Marvin, McClurg, McCormack, McDowell, 
 McFerran, Meyer, Orr, Phillips, Pomeroy, 
 Rankin, Rowland, Scott, Shackelford of St. 
 
 L., Shanklin, Smith of L., Smith of St. L., 
 Stewart, Woolfolk, Vanbuskirk, and Zim- 
 merman 42. 
 
 NOES Messrs. Bass, Bast, Birch, Brown, 
 Calboun, Cayce, Collier, Comingo, Doni- 
 phan, Donnell, Drake, Dunn, Frayser, 
 Flood, Howell, Hudgens, Marmadude, Mat- 
 son, Moss, Pipkin, Ray, Ross, Sayre, Shee- 
 ley, Waller, Welch, and Woodson 27. 
 
 Mr. MCFERRAN moved to reconsider the 
 vote just taken, and then to lay the motion 
 to reconsider upon the table, which was 
 adopted. 
 
 Mr. MCFERRAN, by leave of the Conven- 
 tion, called up the ordinance reported by 
 the Committee on Elections, entitled, 
 
 "AN ORDINANCE CONTINUING THE PRES- 
 ENT PROVISIONAL GOVERNMENT IN 
 OFFICE. 
 
 " Be it ordained by the People of Missouri 
 
 in Convention assembled : 
 
 " SECTION 1. That the Governor, Lieuten- 
 ant Governor, and Secretary of State, here- 
 tofore appointed by this Convention, shall 
 continue in office until the first Monday in 
 August, A. D. 1864, and until their succes- 
 sors are duly elected and qualified, and 
 shall discharge the duties and exercise the 
 privileges which pertain to their respective 
 offices." 
 
 Mr. Moss offers the following amend- 
 ment : 
 
 Amend by adding the following additional 
 sections, viz : 
 
 "SEC. 2. That the election required by 
 existing law to be held on the first Monday 
 in August, in the year eighteen hundred 
 and sixty-two, for Senators and Represen- 
 tatives in the General Assembly of the 
 State, and for justices of the county courts, 
 and sheriffs, coroners, and county and 
 township officers, be and the same is here- 
 with dispensed with. 
 
 "SEC. 3. In lieu of said election of sher- 
 iffs, county court justices, and coroners, 
 above dispensed with, the Governor shall 
 appoint a sheriff and coroner for each 
 county in the State, and county court jus- 
 tices in counties where vacancies may oc- 
 cur, who shall hold their respective offices 
 for the same term and in like manner as if 
 they had been elected on said first Monday 
 in August, eighteen hundred and sixty-two. 
 
" SEC. 4, In the event of any other State, 
 county or township office being or becoming 
 vacant prior to the first Monday in August, 
 eighteen hundred and sixty-three, by limit- 
 ation, death, resignation or otherwise, such 
 office or offices so becoming vacant shall 
 be filled by the proper authorities under 
 existing laws j (authorities to fill vacancies 
 in such offices by appointment ;) and offi- 
 cers appointed to fill vacancies as afore- 
 said shall hold their said offices for the 
 time as if they had been appointed or 
 elected under existing laws." 
 
 Mr. IRWJN offers the following amend- 
 ment, which was accepted by Mr. Moss : 
 
 Amend by adding an additional section, 
 as follows : 
 
 " SEC. 5. If at any time prior to the first 
 Monday in August, 1864, the Governor 
 shall be of the opinion that the welfare of 
 the Commonwealth requires it, he may 
 order an election to be held for Senators 
 
 and Representatives in the General As- 
 sembly of the State, anything in this ordi- 
 nance to the contrary notwithstanding." 
 
 Mr. Moss, by leave, adds an additional 
 section as follows : 
 
 t( SEC. 6. When any vacancy shall occur 
 in any office by death, resignation, expira- 
 tion of the term of office, or from any other 
 cause, the proper authorities designated 
 by law to fill vacancies shall fill such va- 
 cant offices by appointment; and when no 
 appointing power is prescribed by law, 
 such offices shall be filled by appointment 
 by the Governor. Appointments to fill 
 vacancies caused by the expiration of the 
 term of office shall be for the legal term 
 thereof, all other appointments shall be for 
 the residue of the term only." 
 
 Pending the consideration of which, on 
 motion of Mr. POMEROY, the Convention 
 adjourned until to-morrow morning at 
 9 o'clock. 
 
 NINTH DAY. 
 
 WEDNESDAY MORNING, June 11, 1862. 
 
 The Convention met pursuant to adjourn- 
 ment, and was opened with prayer by the 
 Rev. Mr. ALLEN. 
 
 The Journal was being read, when, on 
 motion of Mr. IRWIN, its further reading 
 was dispensed with. 
 
 Mr. HENDRICKS gave notice that on to- 
 morrow he would introduce an ordinance 
 supplementary to the ordinance entitled 
 61 An ordinance defining the qualifications 
 of voters and civil officers in this State," 
 providing to limit the operations of the 
 first section thereof to the last day of July, 
 1864. 
 
 The regular order being the considera- 
 tion of the amendment offered by Mr. Moss 
 to " An ordinance continuing the present 
 Provisional Government in office," as re- 
 ported by the Committee on Elections,' 5 
 Mr. WOOLFOLK offered the following amend- 
 ment : 
 
 Amend the amendment by striking out 
 ee for Senators and Representatives in the 
 General Assembly of the State," and in 
 the second and third line of section 2 of 
 the amendment ; also strike out section 5 
 of amendment. And afterwards, by leave, 
 withdrew his amendment. 
 
 Pending the consideration of the amend- 
 ment of Mr. Moss, on motion of Mr. MAR- 
 VIN, the Convention adjourned until 2J 
 o'clock P. M. 
 
 EVENING SESSION. 
 
 The Convention met pursuant to adjourn- 
 ment. 
 
 The question under consideration being 
 the amendment offered by Mr. Moss, it was 
 disagreed to by the following vote, the ayes 
 and noes being called for by Mr. Moss : 
 
 AYES Messrs. Allen, Bass, Bast, Birch, 
 Brown, Calhoun, Cayce, Collier, Doniphan, 
 Donnell, Drake, Dunn, Frayser, Flood, 
 
31 
 
 Ho well, Hudgens, Irwin, Marmaduke, Mat- 
 son, Moss, Pipkin, Rankin, Ray, Sayre, 
 Shackelford of H., Waller, Welch, Wood- 
 son, and Zimmerman 29. 
 
 NOES Messrs. Bogy, Breckinridge, Bush, 
 Brown, Comingo, Douglass, Eitzen, Gra- 
 velly, Hall of B., Hendricks, Hitchcock, 
 Holmes, How, Isbell, Jackson, Jamison, 
 Johnson, Leeper, Linton, Long, Marvin, 
 McClurg, McCormack, McDowell, McFer- 
 ran, Meyer, Orr, Phillips, Pomeroy, Ritch- 
 ey, Ross, Rowland, Scott, Shackelford of 
 St. L., Shanklin, Smith of L., Smith of St. 
 L., Stewart, Woolfolk, and Vanbuskirk 40. 
 
 PAIRED OFF Messrs. Sheeley and Broad- 
 lu-ud. 
 
 The ordinance was then disagreed to by 
 the following vote, the ayes and noes being 
 called for by Mr. McFerran : 
 
 AYES Messrs. Allen, Bass, Brown, Cal- 
 houn, Cayce, Collier, Doniphan, Donnell, 
 Drake, Flood, Holmes, Howell, Irwin, 
 Jackson, Jamison, Johnson, Kidd, Leeper, 
 McFerran, Moss, Orr, Phillips, Ray, Sayre, 
 Shanklin, Smith of L., Smith of St. L., 
 Welch, Woodson, Woolfolk, and Vanbus- 
 kirk 31. 
 
 NOES Messrs. Bast, Bogy, Breckinridge, 
 Bridge, Bush, Comingo, Douglass, Dunn, 
 Eitzen, Gravelly, Hendricks, Hitchcock, 
 How, Hudgens, Isbell, Linton, Long, Mar- 
 maduke, Marvin, Matson, McCormack, 
 McClurg, McDowell, Meyer, Pipkin, Ran- 
 kin, Ritchey, Ross, Rowland, Scott, Shack- 
 elford of H., Shackelford of St. L., Stew- 
 art, Waller, and Zimmerman 35. 
 
 Mr. MCFERRAN called up an ordinance 
 heretofore reported by the Committee on 
 Elections, viz., " An ordinance to enable 
 citizens of this State in the military service 
 of the United States, or of the State of 
 Missouri, to vote." 
 
 Mr. SMITH of Linn offered to amend as 
 follows : 
 
 Amend by adding to the first section the 
 following : " Provided that such volunteers 
 and militia are within the State of Mis- 
 souri on the day of election ; " which was 
 disagreed to. 
 
 Mr. ORR called up an ordinance hereto- 
 fore reported by him, entitled " An ordi- 
 nance in relation to the duties of the Re- 
 gister of Lands and County Assessors." 
 
 On motion of Mr. SMITH of L., the further 
 consideration of the ordinance was post- 
 poned until to-morrow. 
 
 Mr. ALLEN offered the following resolu- 
 tion. 
 
 Resolvedy That this Convention adjourn 
 on Saturday next. 
 
 Mr. HOWELL moved to amend as follows : 
 Strike out "Saturday," and insert "when 
 it gets ready. 55 
 
 Mr. SMITH of St. Louis moved to lay the 
 amendment and resolution on the table, 
 which was adopted. 
 
 Mr. IRWIN offered an ordinance entitled 
 " An ordinance amending the third article 
 of the State Constitution," and on his mo- 
 tion it was referred to a select committee, 
 consisting of Messrs. Irwin, Douglass, and 
 Dunn. 
 
 Mr. LEEPER called up an ordinance re- 
 ported from the Committee on the Militia, 
 entitled "An ordinance for the payment of 
 Division Inspectors and for other purposes." 
 
 Mr. LEEPER offered the following amend- 
 ment. Add as an additional section: 
 
 " SEC. 4. That the Governor shall appoint 
 all commissioned officers in all artillery 
 companies in the Missouri State Militia; 
 and hereafter when any vacancy shall occur 
 from any cause in the companies of in- 
 fantry or cavalry in the Missouri State 
 Militia, said vacancy shall be filled by 
 appointment of the Executive of this 
 State." 
 
 Which was decided out of order by the 
 President. 
 
 On motion of Mr. COMINGO, the Conven- 
 tion adjourned until to-morrow morning at 
 9 o'clock. 
 
32 
 
 TENTH DAT. 
 
 THURSDAY MORNING, June 12, 1862. 
 
 The Convention met pursuant to adjourn- 
 ment, and was opened with prayer by the 
 Chaplain, Mr. ALLEN. 
 
 On motion of Mr. BOGY, the reading of 
 the Journal was dispensed with. 
 
 Mr. ROWLAND moved the reconsideration 
 of the vote taken on yesterday by which 
 the ordinance entitled "An ordinance con- 
 tinuing the Provisional Government of this 
 State in office" was rejected, which motion 
 was decided in the affirmative by the fol- 
 lowing vote, the ayes and noes being called 
 by Mr. Eitzen : 
 
 AYES Messrs. Allen, Bass, Bogy, Breck- 
 inridge, Calhoun, Cayce, Collier, Comingo, 
 Donnell, Douglass, Drake, Frayser, Flood, 
 Foster, Hendricks, Holmes, Howell, Irwin, 
 Jackson, Jamison, Johnson, Kidd, Leeper, 
 Linton, Long, Marvin, McClurg, McUor- 
 mack, McDowell, McFerran, Orr, Phillips, 
 Pomeroy, Scott, Shackelford of H., Sbackel- 
 ford of St. L., Shanklin, Smith of L., Smith 
 of St. L., Welch, Woodson, Woolfolk, and 
 Vanbuskirk 43. 
 
 NOES Messrs. Bast, Bridge, Brown, 
 Bush, Dunn, Eitzen, How, Hudgens, Isbell, 
 Marmaduke, Meyer, Pipkin, Stewart, Wal- 
 ler, and Zimmerman 15. 
 
 Paired off Messrs. Sheeley and Broad- 
 head. 
 
 Excused from voting Mr. Birch. 
 
 The question being on the adoption of 
 the ordinance, Mr. COMINGO moved that the 
 further consideration of the question be 
 postponed until to-inorrow morning, which 
 was decided in the negative. 
 
 Mr. HOWELL offered the following resolu- 
 tion : 
 
 Resolved, That the ordinance be re-com- 
 mitted to the Committee on Elections and 
 Elective Franchise, with instructions to 
 report an ordinance for the postponement 
 of all elections to some future time when 
 the State will be in a better condition to 
 have an election. 
 
 The resolution was disagreed to by the 
 following vote, the ayes and noes called 
 for by Mr. Howell : 
 
 AYES Messrs. Bass, Bast, Brown, Cal- 
 houn, Cayce., Doniphan, Donnell, Drake, 
 
 Frayser, Flood, Howell, Kidd, Marmaduke, 
 Matson, Pipkin, Ray, Ritchey, Sayre, 
 Shackelford of H., Waller, Welch, Wood- 
 son, and Zimmerman 23. 
 
 NOES Messrs. Allen, Birch, Bogy, Breck- 
 inridge, Bridge, Bush, Comingo, Dunn, 
 Eitzen, Gravelly, Hendricks, Hitchcock, 
 Holmes, How, Irwin, Isbell, Jackson, Jami- 
 son, Johnson, Leeper, Linton, Long, Marvin, 
 McClurg, McCormack, McDowell, McFer- 
 ran, Meyer, Orr, Phillips, Pomeroy, Rankin, 
 Rowland, Scott, Shackelford of St. L., 
 Shanklin, Smith of L., Smith of St. L., 
 Stewart, Woolfolk, and Vanbuskirk 41. 
 
 The ordinance was then agreed to by the 
 following vote, the ayes and noes being 
 called for by Mr. Howell : 
 
 AYES Messrs. Allen, Bass, Bogy, Brown, 
 Calhoun, Cayce, Collier, Comingo, Doni- 
 phan, Donnell, Douglass, Drake, Frayser, 
 Flood, Hendricks, Howell, Holmes, Irwin, 
 Jackson, Jamison, Johnson, Kidd, Leeper, 
 Long, Marvin, Matson, McClurg, McCor- 
 mack, McDowell, McFerran, Orr, Phillips, 
 Pomerov, Ray, Ross, Rowland, Savre, 
 Scott, Shanklin, Smith of L., Smith of St. 
 L., Welch,- Woodson, Woolfolk, and Van- 
 buskirk 45. 
 
 NOES Messrs. Bast, Breckinridge, Bush, 
 Bridge, Dunn, Eitzen, Gravelly, Hitchcock, 
 How, Hudgens, Isbell, Linton, Marmaduke, 
 Meyer, Pipkin, Ritchey, Shackelford of H., 
 Shackelford of St. L., Stewart, Waller, and 
 Zimmerman 21. 
 
 Paired off Messrs. Sheeley and Broad- 
 head. 
 
 Excused from voting Messrs. Hall of B., 
 and Birch. 
 
 Mr. MCFERRAN moved to reconsider the 
 vote just taken and to lay that vote on the 
 table, which motion was adopted. 
 
 Mr. DUNN offered the following resolu- 
 tion : 
 
 Resolved, That this Convention has un- 
 diminished confidence in the ability, 
 integrity and patriotism of Governor Gam- 
 ble and the other officers of the Provisional 
 Government elected by this Convention at 
 a former session, and now continued in 
 office by an ordinance adopted at the present 
 session. 
 
 The resolution was unanimously adopted. 
 
 Mr. HITCHCOCK, by leave of the Conven- 
 tion, recorded his vote in the negative on 
 
33 
 
 
 the proposition to reconsider the vote 
 disagreeing to the "Ordinance continuing 
 the present Provisional Government in 
 office." 
 
 On motion of Mr. MCFERRAN, the " ordi- 
 nance to enable the citizens of this State 
 in the military service of the United States, 
 or of the State of Missouri, to vote," was 
 taken up. 
 
 On motion of Mr. MCFERRAN, the vote 
 disagreeing to the amendment of Mr. Smith 
 of L. to the said ordinance was reconsider- 
 ed j the amendment is as follows : 
 
 Add to the first section the following : 
 " Provided that such volunteers and militia 
 are within the State of Missouri on the day 
 of election." 
 
 Pending the consideration of which 3 on 
 motion of Mr. MCCORMACK, the Convention 
 adjourned until 2 o'clock P. M. 
 
 EVENING SESSION. 
 
 The Convention met pursuant to adjourn- 
 ment. 
 
 Mr. CAYCE presented a memorial from 
 the Justices of "Washington County Court, 
 asking the Convention to rescind an act, 
 passed at the last Legislature, " separating 
 the office of sheriff from that of collector of 
 revenue of said county ;" which, on his 
 motion, is referred to a select committee 
 consisting of Messrs. Cayce, Bogy, and 
 Rankin. 
 
 The regular order of business being the 
 amendment of Mr. Smith of L., it was taken 
 up, and disagreed to by the following vote, 
 the ayes and noes called for by Mr. Smith 
 of L.: 
 
 AYES Messrs. Allen, Bast, Birch, Brown, 
 Bush, Calhoun, Cayce, Collier, Comingo, 
 Donnell, Drake, Frayser, Hitchcock, How- 
 ell, Kidd, Matson, Orr, Pipkin, Pomeroy, 
 Ritchey, Shackelford of H., Shackelford of 
 St. L., Sheeley, Smith of L., Waller, Welch, 
 Woodson, and Zimmerman 28. 
 
 NOES Messrs. Bogy, Breckinridge, 
 Bridge, Douglass, Dunn, Eitzen, Gravelly, 
 Hall of B., Hendricks, Holmes, How, Irwin, 
 Isbell, Jackson, Jamison, Johnson, Leeper, 
 Linton, Long, Marvin, McClurg, McCor- 
 mack, McDowell, McFerran, Meyer, Phil- 
 lips, Rankin, Rowland, Scott, Shanklin, 
 Smith of St. L., Stewart, Woolfolk, and 
 Vanbuskirk 34. 
 
 3 
 
 The first section was agreed to by the 
 following vote, the nyes and noes being 
 called for by Mr. McFerran : 
 
 AYES Messrs. Allen, Birch, Bogy, Breck- 
 inridge, Bridge, Bush, Douglass, Dunn, Eit- 
 zen, Frayser, Gravelly, Hall of B., Hen- 
 dricks, Hitchcock, Holmes, How, Irwin, 
 Isbell, Jackson, Jamison, Johnson, Leeper, 
 Linton, Long, Marvin, McClurg, McCor- 
 mack, McDowell, McFerran, Meyer, Phil- 
 lips, Pomeroy, Rankin, Rowland, Scott, 
 Shackelford of St. L,, Shanklin, Smith of 
 L., Stewart, Welch, Woolfolk, and Van- 
 buskirk 42. 
 
 NOES Messrs. Bass, Bast, Brown, Cal- 
 houn, Cayce, Donnell, Drake, Flood, How- 
 ell, Hudgens, Matson, Orr, Pipkin, Ritchey, 
 Sayre, Shackelford of H., Smith of L., Wal- 
 ler, Woodson, and Zimmerman 20. 
 
 The 2d, 3d, 4th, 5th, 6th, 7th, 8th, 9th, 
 10th and llth sections were taken up and 
 agreed to. 
 
 Mr. BIRCH offered the following amend- 
 ment, which was agreed to : 
 
 Strike out of lines 2d and 3d in section 
 12 the words " knowing he is not entitled 
 to vote ;" and, as amended, section 12 was 
 agreed to. 
 
 Mr. DUNN moved to amend the 13th sec- 
 tion by striking out the word "not" in 
 said section, which was agreed to by the 
 following vote, the ayes and noes being 
 called for by Mr. Woodson : 
 
 AYES Messrs. Allen, Bass, Birch, Bo,gy, 
 Breckinridge, Brown, Bush, Calhdtm, 
 Cayce, Collier, Comingo, Donnell, Doug- 
 lass, Drake, Dunn, Eitzen, Frayser, Flood, 
 Gravelly, Hall of B., Hendricks, Hitchcock, 
 Holmes, Howell, Irwin, Isbell, Jackson, 
 Jamison, Johnson, Kidd, Long, Marvin, 
 Matson, McClurg, McCormack, McDowell, 
 Meyer, Orr, Phillips, Pipkin, Pomeroy, 
 Rankin, Ritchey, Rowland, Sayre, Shackel- 
 ford of H., Shackelford of St. L., Shanklin, 
 Sheeley, Smith of L., Smith of St. L., 
 Stewart, Waller, Welch, Woodson, Wool- 
 folk, and Zimmerman 57. 
 
 NOBS Messrs. Bridge, How, Leeper, Lin- 
 ton, McFerran, Scott, and Vanbuskirk 7. 
 
 Mr. POMEROY offered the following amend- 
 ment, which was disagreed to : 
 
 Amend by adding to 13th section "and 
 that they are citizens of Missouri, and have 
 been for twelve months preceding the day 
 of election." 
 
 Mr. MCFERRAN offered the following 
 amendment, which was agreed to : 
 
34 
 
 Amend by adding a new section, as fol- 
 lows : 
 
 "SEC. 15. Any officer or other person in 
 the service of or employment of the United 
 States, or the State of Missouri, being a 
 qualified voter under the constitution and 
 laws of this State, may vote at any election 
 held under the provisions of this ordinance, 
 subject to the restrictions and limitations 
 provided by this ordinance." 
 
 The 16th section was then read and 
 agreed to, and the ordinance as amended 
 was then adopted. 
 
 Mr. McFERRAN, from the Committee on 
 Elections and Elective Franchise, reported 
 an ordinance entitled "An ordinance in 
 relation to voting in certain counties," for 
 the consideration of the Convention. 
 
 Mr. WOOLFOLK offered the following 
 amendment : 
 
 Amend bv way of new section, by adding 
 as follows : 
 
 " SEC. 7. No election shall be held for 
 sheriff, coroner, county court justices, and 
 other township and county officers ; the 
 vacancies so caused, with the exception of 
 members of the General Assembly, shall 
 be filled by the proper authorities under 
 existing laws ; but in all cases of failure 
 by the proper authorities to appoint per- 
 sons to fill such vacancies within twenty 
 days after the vacancy occurs, then the 
 Governor shall appoint officers to fill such 
 vacancies as have not been filled by the 
 proper authorities, and all officers appoint- 
 ed to fill vacancies as aforesaid shall hold 
 their said offices for the same time as if 
 they had been elected under existing laws." 
 
 On motion of Mr. BRECKINRIDGE, the ordi- 
 nance was laid on the table, and 200 copies 
 ordered to be printed, and made the spe- 
 cial order for to-morrow morning at 10 
 o'clock. 
 
 On motion of Mr. DOUGLASS, an ordinance 
 entitled " An ordinance in relation to as- 
 sessors and collectors," reported from the 
 Committee on Elections, was taken up. 
 
 Mr. DONIPHAN moved the following 
 amendment, which was agreed to : 
 
 Amend by adding to the end of section 
 1st the following : " And if any County 
 Court in this State has appointed an as- 
 
 sessor for the year 1862, who has already 
 made the assessment for his county, such 
 appointment and assessment are hereby 
 legalized." 
 
 Mr. COMINGO offered the following amend- 
 ment : 
 
 Amend by adding after section the 
 following : 
 
 Provided 1st. That the tax- payers of the 
 counties of Jackson, Cass, and Bates, are 
 hereby released and forever discharged 
 from all indebtedness to the State of Mis- 
 souri on account of taxes due for the year 
 1861 ; provided, however, that nothing 
 herein contained shall be so construed as 
 to release or discharge non-residents of 
 said counties from the payment of taxes 
 therein for said year. 
 
 Second. That the County Courts in said 
 counties are hereby authorized to withhold 
 from the collectors of taxes the tax books 
 for the year 1861, and upon the assess- 
 ments made for the year 1862 they are au- 
 thorized to levy and collect for county pur- 
 poses the taxes for both of said years, 
 or sp much of said taxes as they may 
 think advisable to collect, and they are 
 also authorized and required to cause to 
 be collected from non-residents of said 
 counties the full amount of taxes due for 
 the same periods. 
 
 Third. The collectors for said counties 
 are hereby allowed and authorized to re- 
 turn the delinquent lists of said counties 
 for the year 1862 to their respective county 
 courts at any time prior to the first day of 
 December, 1863 ; and should said collectors, 
 or either of them, fail, neglect, or refuse 
 to return their delinquent tax lists on or 
 before the day mentioned, they, or the one 
 so doing, shall therefor be subject to all 
 the penalties of the law relative to delin- 
 quent collectors : provided, that this sec- 
 tion of this ordinance shall not take effect 
 except as to such collectors in the said 
 counties as shall obtain, or cause to be ob- 
 tained, the consent of all the sureties on 
 their bonds, and not until said consent 
 shall have been obtained and perfected in 
 the manner prescribed by an act of the 
 General Assembly of this State, approved 
 January 26th, 1861, and entitled "An act 
 
35 
 
 for the relief of the collectors of the re- 
 venue.' 5 
 
 Mr. ORR offered the following amendment 
 to the amendment : 
 
 Amend the amendment by adding after 
 the word "Bates," in the second line, the 
 counties of Vernon, Barton, Jasper, New- 
 
 ton, McDonald, Barry, Lawrence, Dado, 
 Cedar, Greene, Stone, Taney, Webster, 
 Polk, Dallas, Laclede, Wright, Texas, How- 
 ell, Ozark, Douglass, and Hickory." 
 
 Pending the consideration of which, on 
 motion of Mr. MARVIN, the Convention ad- 
 journed until to-morrow morning at nine 
 o'clock. 
 
 ELEVENTH DAT. 
 
 FRIDAY MORNING, June 13, 1862. 
 
 The Convention met pursuant to ad- 
 journment, and was opened with prayer by 
 the Rev. Mr. ALLEN. 
 
 The Journal was being read, when, on 
 motion of Mr. LEEPER, its further reading 
 was dispensed with. 
 
 Mr. DOUGLASS, from the Committee on 
 Finance, made the following report : 
 
 " The Committee on Finance beg leave to 
 report ' An ordinance appropriating money 
 to pay the members and officers of the Con- 
 vention, and to defray the contingent ex- 
 penses thereof,' and recommend its pas- 
 sage. W. DOUGLASS, C/I'TI." 
 
 AN ORDINANCE APPROPRIATING MONEY, 
 Be it ordained by the People of the State of 
 
 Missouri in Convention assembled as follows, 
 
 to-wit : 
 
 That the sum of twelve thousand dollars 
 be and the same is hereby appropriated out 
 of any money in the treasury not otherwise 
 appropriated for the pay and mileage of 
 members and officers of this Convention, 
 and to defray the contingent expenses 
 thereof. 
 
 The ordinance was adopted by the Con- 
 vention. 
 
 Mr. DOUGLASS, from the same committee, 
 made the following report : 
 
 "The Committee on Finance beg leave 
 to report an ordinance appropriating fifty 
 thousand dollars, in defence warrants, to 
 provide for the care of the sick and wound- 
 ed soldiers of Missouri, and recommend its 
 passage. W. DOUGLASS, Ch'n." 
 
 AN ORDINANCE APPROPRIATING MONEY 
 FOR THE CARE OF THE SICK AND WOUND- 
 ED SOLDIERS OF MISSOURI. 
 
 Be it ordained by the People of Missouri in 
 Convention assembled as follows : 
 1. That the sum of fifty thousand dollars, 
 in defence warrants, be and the same is 
 hereby appropriated to provide for the care 
 of the sick and wounded soldiers of Mis- 
 souri, to be expended under the direction 
 of the Governor of the State. 
 
 The ordinance was, on motion, adopted. 
 
 Mr. DOUGLASS, from the same committee, 
 made the following report, which was 
 agreed to : 
 
 " The Committee on Finance, to whom 
 was referred the memorial of A. W. Morri- 
 son, late Treasurer of this State, report 
 that they have considered the same, and 
 as the law provides that the accounts of 
 that officer must be examined by a Commit- 
 tee of the Legislature, one member thereof 
 from the Senate and two from the House of 
 Representatives, they therefore deem it in- 
 expedient for this Convention to go into 
 the examination asked for, and recommend 
 that the prayer of the memorialist be not 
 granted, and that the committee be dis- 
 charged from the further consideration of 
 the same. W. DOUGLASS, Ch'n." 
 
 Mr. POMEROY offered a series of resolu- 
 tions, in the nature of a memorial, asking 
 for the passage of an Act by Congress cre- 
 ating a Commission for the liquidation of 
 claims for damages sustained under wrongs 
 committed in the nature of trespass by the 
 
36 
 
 Federal army during the past year, and for 
 property taken and consumed by the army, 
 &c. 
 
 The memorial was read, and, on motion 
 of Mr. POMEROY, referred to a select com- 
 mittee, consisting of Messrs. Pomeroy, 
 Meyer, Birch, Dunn, and Marvin. 
 
 Mr. HALL of B., from the Committee on 
 the Constitution, reported back the follow- 
 ing ordinance with amendments, and re- 
 commended its passage : 
 
 AN ORDINANCE REQUIRING THE STATE 
 SENATORS TO BE DIVIDED INTO CLASSES 
 BY LOT. 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled as fol- 
 lows : 
 
 SECTION 1. That at the next session of 
 the General Assembly, the Senators shall be 
 divided by lot into classes, as provided in 
 the seventh section of the third article of 
 the Constitution, and every election t.o fill 
 a vacancy in the Senate shall be for the 
 residue of the term only. 
 
 The ordinance was, on motion, adopted. 
 Mr. IRWIN, from a select committee, 
 made the following report : 
 
 " The committee to whom was referred 
 the ordinance entitled ( An ordinance 
 amending the third article of the State 
 Constitution/ have had the same under 
 consideration, and have instructed me to 
 report the same to the Convention with the 
 accompanying amendment, and recommend 
 its passage. IRWIN, Ch?n." 
 
 AN ORDINANCE AMENDING: THE THIRD AR- 
 TICLE OF THE STATE CONSTITUTION. 
 
 Be it ordained by the People of the State 
 
 of Missouri in Convention assembled as 
 
 follows : 
 
 SECTION 1. The eighth section of the 
 third article of the Constitution is hereby 
 abolished and the following adopted in lieu 
 thereof : 
 
 " After the first day of September, one 
 thousand eight hundred and sixty-two, all 
 general elections shall commence on the 
 Tuesday next after the first Monday in No- 
 vember, and shall be held biennially; and 
 the electors in all cases, except of treason, 
 felony or breach of the peace, shall be priv- 
 
 ileged from arrest during their continuance 
 at elections, and in going to and returning 
 from the same." 
 
 Mr. MCFERRAN moved to lay the ordi- 
 nance on the table and to print 200 copies, 
 which motion was not agreed to. 
 
 The amendment proposed by the com- 
 mittee was agreed to. 
 
 Mr. HITCHCOCK offered the following 
 amendment : 
 
 Strike out the word " September" in the 
 fifth line, and insert in lieu thereof the 
 word "July." 
 
 Mr. WOOLFOLK moved to lay the ordi- 
 nance and the amendment on the table and 
 print 200 copies for the use of the Conven- 
 tion, and to make it the special order for 
 to-morrow at 10 o'clock ; which was not 
 agreed to. 
 
 Mr. DONIPHAN offered the following 
 amendment : 
 
 "That the assessors to be elected for the 
 year eighteen hundred and sixty-two, as 
 the present laws now stand, shall for said 
 year be appointed by the Governor." 
 
 On motion of Mr. HITCHCOCK, the ordi- 
 nance and amendments were laid on the 
 table, and made the special order for this 
 day at 3 o'clock P. M. 
 
 Mr. CAYCE, from a select committee, 
 made a report as follows : 
 
 " The committee to whom was referred 
 the petition of M. F. Williams, John Teas- 
 dale, and William S. Murphy, Justices of 
 the County Court of Washington County, 
 for the repeal of an act of the General As- 
 sembly of the State of Missouri, entitled 
 ( An act to separate the office of Sheriff and 
 Collector in the County of Washington/ 
 have had the same under consideration, 
 and have instructed me to report the ac- 
 companying ordinance and recommend its 
 passage. CAYCE, Ch'n." 
 
 The ordinance reported entitled "An or- 
 dinance to repeal an act of the General 
 Assembly entitled *An act to separate the 
 office of Sheriff and Collector in the County 
 of Washington,' approved March 27, 1861, 
 was rejected. 
 
 The Convention resumed the considera- 
 tion of the amendment offered by Mr. Orr 
 
37 
 
 to the " Ordinance in relation to Assessors 
 and Collectors," when the amendment was 
 disagreed to. 
 
 The amendment of Mr. Comingo was also 
 disagreed to. 
 
 Mr. HALL of B. moved to lay the ordi- 
 nance on the table, which was decided in 
 the negative by the following vote, the ayes 
 and noes being demanded by Mr. Jamison: 
 
 AYES Messrs. Allen, Bass, Cayce, Fray- 
 ser, Gravelly, Hall of B., Hendricks, Jami- 
 son, Johnson, Matson, McDowell, Pipkin, 
 Ray, Ritchey, Ross, Sayre, Shackelford of 
 H., and Sheeley 18. 
 
 NOES Messrs. Bass, Bogy, Breckinridge, 
 Bridge, Brown, Bush, Calhoun, Collier, 
 Comingo, Doniphan, Donnell, Douglass, 
 Drake, Dunn, Eitzen, Flood, Hitchcock, 
 Holmes, How, Howell, Irwin, Jackson, Kidd, 
 Leeper, Linton, Long, Marvin, McClurg, 
 McCormack, McFerran, Meyer, Orr, Phil- 
 lips, Pomeroy, Rankin, Scott, Shackeiford 
 of St. L., Shanklin, Smith of L., Smith of 
 St. L., Stewart, Waller, Welch, Woolfolk, 
 Vanbuskirk, and Zimmerman 47. 
 
 Mr. MCFERRAN offered the following 
 amendment : 
 
 Amend by striking out the first two sec- 
 tions of the ordinance ; which was disa- 
 greed to by the following vote, the ayes 
 and noes called for by Mr. McFerran : 
 
 AYES Messrs. Bast, Brown, Breckin- 
 ridge, Cayce, Comingo, Gravelly, Hall of 
 B., Hendricks, Hitchcock, Jamison, John- 
 son, Kidd, Marmaduke, McCormack, Mc- 
 Dowell, McFerran, Orr, Pipkin, Ray, Ritch- 
 ey, Ross, Sa}n*e, Shanklin, Sheeley, and 
 Vanbuskirk 25. 
 
 NOES Messrs. Allen, Bass, Birch, Bogy, 
 Bridge, Bush, Calhoun, Collier, Doniphan, 
 Donnell, Douglass, Drake, Dunn, Eitzen, 
 Frayser, Flood, Holmes, How, Howell, Ir- 
 win, Isbell, Jackson, Leeper, Long, Linton, 
 Marvin, Matson, McClurg, Mever, Phillips, 
 Pomeroy, Rankin, Rowland, Scott, Shack- 
 elford of H., Shackelford of St. L., Smith 
 of L., Smith of St. L., Stewart, Waller, 
 Welch, Woodson, Woolfolk, and Zimmer- 
 man 44. 
 
 The President laid before the Convention 
 the following communication from the 
 Governor : 
 
 "Gentlemen of the Convention: 
 
 "I desire to call your attention to a sub- 
 ject which in my judgment ought to be act- 
 ed upon. 
 
 " The President of the United States, in 
 a message ent to Congress during its pres- 
 
 ent session, proposed the adoption of a 
 joint resolution declaring the willingness 
 of Congress to furnish aid to any of the 
 slave States that may think proper to adopt 
 a measure of gradual emancipation. The 
 language of the resolution proposed is not 
 quoted, but such is its substance. 
 
 "The resolution was adopted by both 
 Houses, and so becomes an offer by Con- 
 gress. If we assume that it will be carried 
 into effect by appropriations to be made by 
 a future Congress, it is a proposition of 
 unexampled liberality, and, whatever may 
 be the views of the members of the Con- 
 vention upon the subject of emancipation, 
 the proposition calls for a courteous re- 
 sponse. Courtesy between governments is 
 as much required as between individuals. 
 
 " This State has received from the Gov- 
 ernment of the United States great atten- 
 tion and kindness large armies have been 
 maintained for our protection against in- 
 vasion, and they have battled gallantly in 
 our defence money has been given us by 
 the Government to equip our own citizens 
 for their own defence and now a consid- 
 erable number of troops of our own people 
 are armed, subsisted, clothed and paid by 
 the Government in order that we may pro- 
 tect ourselves. Under such treatment, it 
 would be unbecoming to pass over in silent 
 indifference a proposition originating with 
 the President of the United States. 
 
 " Many of our own citizens, and possibly 
 the authorities at Washington, have ex- 
 pected that the Convention would take some 
 action upon a scheme of gradual emancipa- 
 tion. The Convention has acted upon an 
 ordinance containing a scheme upon this 
 subject by laying it upon the table. The 
 course thus adopted is understood to dis- 
 pose of the subject, according to your 
 rules, for your present session, and there- 
 fore it is not now intended to propose to 
 you to re-open and reconsider the subject. 
 
 "But this action of the Convention will, 
 without doubt, be so misrepresented as to 
 excite a hostile feeling to the State among 
 all those in authority who favor emancipa-. 
 tion, and thus injuriously affect the inter- 
 ests of the State. As no reason could b'e 
 given upon the motion by which the ordi- 
 
38 
 
 nance was disposed of, the result may be 
 represented as rudely discourteous to the 
 President and Congress. The manifest 
 propriety of making a response to the offer 
 of the President and Congress affords an 
 opportunity of removing all grounds for 
 such an unjust and injurious imputation. 
 
 "If, in the understanding of the Conven- 
 tion, it was not contemplated by the peo- 
 ple, when electing the body, that it should 
 ever act upon the subject of slavery in the 
 State, and therefore such action would be 
 improper; or, if the Convention believes 
 that the public mind is so agitated already 
 that the proposal of any scheme of eman- 
 cipation would produce dangerous excite- 
 ment, there can be no objection to assign- 
 ing either as a reason for abstaining from 
 action upon the subject, and leaving it for 
 a different body or another time. When 
 the reason is thus given, misrepresentation 
 is prevented, and the proposition made by 
 the President and Congress is so answered 
 that there will be no appearance of a de- 
 sign to treat their offer with neglect. 
 
 i( In theory, Conventions are understood 
 to possess all political power, but in actual 
 practice they confine themselves to the 
 measures upon which the people at the 
 time of their election expected them to act. 
 When this Convention was chosen, the sub- 
 ject before the public mind was the rela- 
 tions between the State and the General 
 Government. Acting upon this subject, 
 the Convention deposed a Governor and 
 Legislature because they were trying to 
 disturb those relations ; militia ordinances 
 were adopted, because a military force was 
 necessary to maintain those relations ; the 
 offices of all persons who refused to take an 
 oath of allegiance were vacated, because 
 official power in the hands of disloyal per- 
 sons might be employed to disturb such re- 
 lations ; laws were vacated, because they 
 had been passed for the purpose of bring- 
 ing on a collision with the General Govern- 
 ment ; in fine, the action of the Conven- 
 tion has been mainly addressed to the one 
 subject which it was elected to consider, 
 and to those which naturally arose out 
 of it. 
 
 " When, then, it is asked to entertain u 
 
 proposition which is to effect a radical 
 change in the social organization of the 
 State, it is well warranted in declining to 
 act upon the proposition upon the ground 
 that the people, in choosing the Convention, 
 never intended or imagined that the body 
 would undertake any social revolution 
 wholly unconnected with the relations be- 
 tween the State and the General Govern- 
 ment. No person who understands the 
 principles of our government would object 
 to such action, unless it be one who is will- 
 ing to disregard all principle to accomplish 
 a desired end. 
 
 " If the Convention, assembled from all 
 parts of the State, is satisfied that in the 
 present condition of the public mind any 
 proposition upon the subject of emancipa- 
 tion would produce excitement dangerous 
 to the peace of the State, the statement of 
 that as a reason for declining to act upon 
 the offer of the Government ought to satis- 
 fy every person that such declension is not 
 intended as any disrespect to any other 
 body or officer. 
 
 i( It is not suggested that the Convention 
 is to make any apology to any person ; but 
 as the proposition made by the Govern- 
 ment of the United States is one which is 
 entitled to a respectful answer in express 
 language, it would be very appropriate to 
 adopt a resolution as a direct response. 
 This need not produce any general discus- 
 sion, as it need not involve the merits of 
 the question of emancipation. It would 
 only be an act of courtesy to the authori- 
 ties of our own Government, who have 
 made a proposition, which, if it ever be 
 carried into effect, will exhibit the greatest 
 liberality. 
 
 " It is therefore submitted to the Con- 
 vention, that a resolution be adopted which 
 shall be a response to the offer made by the 
 President and Congress. 
 
 H. R. GAMBLE." 
 
 On motion of Mr. HALL of B., the mes- 
 sage was laid on the table, and 200 copies 
 ordered to be printed. 
 
 The Convention having resumed the con- 
 sideration of the ordinance, Mr. SHEELEY 
 offered the following amendment : 
 
39 
 
 Amend by adding at the end of the first 
 section the words : 
 
 "It shall be the duty of the County Court 
 of the counties of Jackson, Cass and Bates, 
 to cause the property in said counties to 
 be reassessed for the year 1861, and only 
 such property as may have been owned on 
 the 1st day of February, 1862, or owned on 
 the 1st day of February, 1861, and shall 
 have been voluntarily moved out of the 
 county, shall be so reassessed, and the reve- 
 
 nue, both State and county, in said coun- 
 ties shall be taxed on such reassessment ; 
 and the assessments heretofore made in said 
 counties for the year 1861 are declared to 
 be of no effect." 
 
 Mr. MATSON moved to amend as follows : 
 Strike out "the counties of Jackson, 
 Cass and Bates," and let it apply to the 
 whole State ; which was agreed to. 
 
 Mr. COMINGO offered the following amend- 
 ment : 
 
 Amend 1st section by striking out all 
 after the word " shall" in the 5th line, and 
 insert as follows : 
 
 " Assess all property owned by the tax 
 payers of said counties within the bounds 
 thereof on the 1st day of February, 1862, 
 and on such assessment shall be levied the 
 taxes for the year 1862, and the clerks of 
 the courts of said counties shall make out 
 two tax books from said assessment, on one 
 of which shall be collected the taxes for the 
 year 1881, and on the other for the year 
 1862 ; and the assessments made, as herein 
 provided, for the year 1862, shall be re- 
 turned to the proper county courts .on or 
 before the 1st day of February, 1863." 
 
 Also, by inserting in the 3d line, between 
 the words " collect" and " the taxes," the 
 words " any part of." 
 
 Mr. SHACKELFORD of H. moved the pre- 
 vious question ; and the question being 
 " Shall the main question be now put ?' 
 was decided in the negative. 
 
 Mr. MCFERRAN, on leave, called up thi 
 ordinance entitled "An ordinance in re 
 lation to voting in certain counties," anc 
 the amendment heretofore offered by Mr 
 Woolfolk was accepted. 
 
 Mr. SHACKELFORD of H. moved the fol 
 lowing amendment : 
 
 Strike out sections 1, 2, 3, 4 and 5. 
 
 Mr. HOWELL moved to lay the ordinance 
 ,nd amendment on the table, which was 
 lecided in the negative. 
 
 Mr. BIRCH moved to amend as follows : 
 
 Amend by striking out " precincts" in 
 he 4th line of the 1st section, and insert 
 6 township;" strike out " a clerk" in 1st 
 ine of 2d section, and insert " two clerks ;" 
 itrike out "precinct" in 2d line of 3d sec- 
 ion, and insert " township ;" which were 
 severally agreed to. 
 
 Mr. DUNN offered to amend as follows : 
 
 Insert after "time," in the 5th line of 
 1st section, the words " and place ;" which 
 amendment was agreed to. 
 
 Mr. DOUGLASS offered the following 
 amendment, which was agreed to : 
 
 Amend section 1st, in line 4th, by insert- 
 ng after the word " and" the words " a 
 majority of." 
 
 Mr. BIRCH offered the following amend- 
 ment, which was agreed to : 
 
 Insert after the word "polls," in 5th 
 [ine of section 1st, the words " which shall 
 be at the same place, as near as may be, 
 as the elections were authorized to be for 
 members of this Convention.'' 
 
 On motion of Mr. ZIMMERMAN, the Con- 
 vention adjourned until half-past 2 o'clock. 
 
 EVENING SESSION. 
 
 On leave, Mr. BRECKINRIDGE offered the 
 following resolution, which was adopted : 
 
 Resolved, That the special message of 
 the Governor recommending some action 
 by the Convention in response to the pro- 
 position of the Congress of the United 
 States concerning the emancipation of 
 slaves, made at the instance of the Presi- 
 dent of the United States, be referred to a 
 special committee of five, with instructions 
 to report without delay by resolution or 
 otherwise. 
 
 The President appointed the following 
 gentlemen as the select committee under 
 said resolution: Messrs. Breckinridge, 
 Douglass, Doniphan, Orr, and Howell. 
 
 MR. HITCHCOCK, on leave, offered the fol- 
 lowing resolutions : 
 
40 
 
 WHEREAS, the Congress of the United 
 States, upon the special recommendation of 
 the President, has, at its present session, 
 adopted a joint resolution in the following 
 words, to-wit : 
 
 "Resolved, That the United States ought 
 to co-operate with any State which may 
 adopt a gradual abolishment of slavery, 
 giving to such State aid, to be used in its 
 discretion, to compensate for the inconve- 
 niences, public and private, produced by 
 such change of system.' 5 
 
 And Whereas, The President of the 
 United States, in his recent proclamation 
 revoking and annulling a certain unauthor- 
 ized declaration assumed to be made by 
 Major General David Hunter, of the United 
 States Army, has earnestly invited the 
 people of the States interested to the con- 
 sideration of the said joint resolution, and 
 the proposition therein contained : 
 
 Be it, therefore, 
 
 Resolved, 1st. That, in the opinion of 
 this Convention, the proposition contained 
 in the said joint resolution adopted by 
 
 Congress and approved , A. D. 1862, 
 
 is entitled, as well from its exalted source 
 as from its intrinsic importance, to the de- 
 liberate and respectful consideration of the 
 people of Missouri. 
 
 Resolved, 2d. That while a majority of 
 this Convention have not felt authorized 
 at this time to take action with respect to 
 the grave and delicate questions of private 
 right and public policy presented by said 
 resolution, yet this body desires cordially 
 to recognize as well the generous spirit 
 therein displayed by the Government of 
 the United States, as the eminent patriot- 
 ism and ability which have distinguished 
 the President of the United States in his 
 efforts to subdue this unholy rebellion, and 
 to restore peace and order to this State. 
 
 Which, on motion, was referred to the 
 select committee of five appointed on the 
 resolution of Mr. Breckinridge. 
 
 The question before the Convention be- 
 ing on the amendment offered by Mr. 
 Shackelf ord of H. to (< An ordinance in re- 
 lation to voting in certain counties," it 
 was rejected by the following vote, the ayes 
 
 and noes being demanded by Mr. Shackel- 
 f ord of H. : 
 
 AYES Messrs. Breckinridge, Bush, Cayce, 
 Donnell, Hall of B.,Howell, Leeper, Long, 
 Matson, McClurg, McCormack, Meyer, Orr, 
 Ray, Ritchey, Ross, Scott, Shackelford of 
 H., Sheeley, Smith of L., Welch 21. 
 
 NOES Messrs. Allen, Birch, Bogy, Bridge, 
 Brown, Calhoun, Collier, Doniphan, Doug- 
 lass, Dunn, Eitzen, Frayser, Gravelly, Hen- 
 dricks, Hitchcock, Holmes, How, Irwin, Is- 
 bell, Jackson, Jamison, Johnson, Linton, 
 Marvin, McDowell, McFerran, Phillips, Pip- 
 kin, Pomeroy, Rankin, Sayre, Shackelford 
 of St. L., Shanklin, Smith of L., Stewart, 
 Waller, Wood son, Woolfolk, Vanbuskirk, 
 Zimmerman 40. 
 
 Mr. MCFERRAN moved to amend, by way 
 of new section, as follows : 
 
 " In counties where there are no County 
 Clerks, any candidate may file the oath re- 
 quired by ordinance with the board of 
 judges herein provided for, and said board 
 shall cast up and certify the vote given for 
 each candidate that complies with this sec- 
 tion the same as if said oath had been filed 
 in the time and manner required by the or- 
 dinance heretofore passed.' 5 
 
 Mr. HITCHCOCK moved to amend the 
 amendment by adding, " and said affida- 
 vits shall be filed together with the poll 
 books in the County Clerk's office," which 
 was agreed to. 
 
 And the amendment as amended was, on 
 motion, agreed to. 
 
 Mr. MCFERRAN offered to amend, by way 
 of new section, as follows : 
 
 " The judges and clerks of election, un- 
 der this ordinance, shall perform all the du- 
 ties and be subject to all the penalties pre- 
 scribed by existing laws." 
 
 Which, on motion, was agreed to, and the 
 ordinance as amended was then adopted. 
 
 The special order, being An ordinance 
 amending the third article of the State 
 Constitution" with the amendments pro- 
 posed thereto, was then taken up, when Mr. 
 DONIPHAN, on leave, withdrew his amend- 
 ment. 
 
 The amendment offered by Mr. HITCHCOCK 
 was then agreed to by the following vote, 
 the ayes and noes being demanded by Mr. 
 McFerran : 
 
 AYES Messrs. Allen, Bass, Bast, Bogy, 
 Breckinridge, Bridge, Bush, Calhoun, Cayce, 
 
41 
 
 Comingo, Doniphan, Donnell, Drake, Eit- 
 zen, Flood, Hall of B., Hitchcock, Holmes, 
 How, Howell, Hudgens, Irwin, Jackson, 
 Linton, Lon, Marvin, McDowell, Meyer, 
 Phillips, Pipkin, Pomeroy, Rankin, Kay, 
 Ross, Sayre, Shackelf ord of St. L., Smith of 
 St. L., Stewart, Waller, Woodson, Vanbus- 
 kirk, and Zimmerman 42. 
 
 NOES Messrs. Birch, Brown, Collier, 
 Douglass, Dunn, Frayser, Gravelly, Hen- 
 dricks, Isbell, Jamison, Johnson, Leeper, 
 Matson, McClurg, McCormack, McFerran, 
 Orr, Ritchey, Scott, Shackelford of H., 
 Shanklin, Sheeley, Smith of L., Welch, 
 and Woolfolk 25. 
 
 The amendment offered by the committee 
 was agreed to, and the ordinance as amend- 
 ed was then adopted. 
 
 Mr. DONIPHAN moved to reconsider the 
 vote adopting the " Ordinance amending 
 the third article of the State Constitution," 
 and to lay the motion to reconsider on the 
 table ; which motion was decided in the af- 
 firmative. 
 
 The "Ordinance in relation to the duties 
 of the Register of Lands and County As- 
 sessors" was taken up. 
 
 Mr. POMEROY offered to amend as follows : 
 
 Amend by striking out the last paragraph 
 in the first section ; which amendment was 
 agreed to. 
 
 The first section of the ordinance as 
 amended was then disagreed to, and, on mo- 
 tion of Mr. HOWELL, the ordinance was laid 
 on the table. 
 
 The " Ordinance for the payment of Di- 
 vision Inspectors and for other purposes" 
 was then taken up and considered by sec- 
 tions. 
 
 Mr. BIRCH offered the following amend- 
 ment, which was agreed to : 
 
 Strike out all after the word " militia," 
 in the third line of section first, and insert 
 the words (( at the rate of three dollars per 
 day, together with their personal expenses 
 during the time they were actually employ- 
 ed in raising and mustering troops into the 
 service of the State.' 5 
 
 Mr. PHILLIPS offered the following amend- 
 ment which was agreed to : 
 
 Amend by adding after the word "State" 
 these words : " Provided, that such Inspec- 
 tors were not, at the time of such service, 
 receiving pay otherwise as an officer of 
 the Militia." 
 
 The first section as amended was then 
 agreed to. 
 
 Mr. DOUGLASS moved the following amend- 
 ment to section 2, which was agreed to : 
 
 Amend section 2, in line 4, by inserting 
 after the word " service" these words : 
 " and such other claims growing out of the 
 military service of the State." 
 
 Mr. BIRCH offered the following amend- 
 ment which was agreed to : 
 
 Amend section 2 by adding these words : 
 " And the Commissioners so appointed shall 
 also inquire into and report upon all claims 
 for military service purporting to have been 
 rendered before the claimants were regular- 
 ly organized into the service of the State, 
 whether for want of an Inspector or other- 
 wise, and such sums as may be found due 
 to such claimants according to the very right 
 of the case shall be so certified to the Gov- 
 ernor, and if approved by him shall be paid 
 by the Paymaster or the Assistant Paymas- 
 ter of the Missouri State Militia." 
 
 Mr. HALL of B. offered the -following 
 amendments, which were agreed to : 
 
 Amend the second section by striking 
 out the words "Quartermaster General," 
 and insert in the second line the word 
 " Governor ;" and by striking out the words 
 "to him" in seventh line, and insert after 
 the word "payment" the words "and ap- 
 proved by the Governor." 
 
 The second section as amended was then 
 agreed to. 
 
 Mr. PHILLIPS offered the following amend- 
 ment, which was agreed to : 
 
 Amend third section by striking out all 
 after the word " distribution" occurring in 
 sixth line. 
 
 The third section as amended was then 
 agreed to. 
 
 Mr. HALL of B. moved to amend by add- 
 ing a new section, as follows : 
 
 " SEC. 4. All payments made under this 
 ordinance shall be made in defence war- 
 rants." 
 
 Which amendment was agreed to. 
 
 Mr. MCFERRAN offered the following 
 amendment, which was agreed to : 
 
 Amend, by way of new section, as fol- 
 lows: 
 
 " SEC. 5. This ordinance shall be in force 
 
42 
 
 from and after its passage, and may be re- 
 pealed at any time by the General Assembly 
 of this State." 
 
 The ordinance as amended was then 
 adopted. 
 
 Mr. HALL of B. offered the following res- 
 olutions : 
 
 Resolved., That the existence of this Con- 
 vention shall terminate on the 1st day of 
 March, eighteen hundred and sixty-three, 
 and in the mean time shall be subject to be 
 called together by the Governor if in his 
 opinion the public exigencies require its 
 assemblage, but not otherwise. 
 
 Resolved, That this Convention will ad- 
 journ its present session at Jefferson City 
 on to-morrow at 11 o'clock. 
 
 Mr. BRECKINRIDGE offered the following as 
 a substitute for Mr. Hall's resolutions ; 
 
 Resolved, That when this Convention ad- 
 journs its present session, it will adjourn 
 until the fourth day of July, A. D. eighteen 
 hundred and sixty-three, on which day it 
 shall stand finally adjourned without assem- 
 bling; subject, however, to the call of the 
 Governor, who shall have power to convene 
 the body on that day, or at such time prior 
 thereto, and at such place, as in his judg- 
 ment the public exigencies may require. 
 
 Mr. ORE moved to lay the substitute on 
 the table, which was decided in the nega- 
 tive. 
 
 The substitute offered by Mr. BRECKIN- 
 RIDGE was then adopted. 
 
 Mr. HENDRICKS introduced an ordinance 
 entitled " An ordinance supplementary to 
 an ordinance entitled An ordinance de- 
 fining the qualifications of voters and civil 
 officers in this State ; ' " which was, on mo- 
 tion, rejected by the Convention. 
 
 On motion of Mr. BROWN, 
 
 Resolved, That the Chaplain of this Con- 
 vention be allowed the same per diem pay 
 as members of this Convention. 
 
 On motion of Mr. BRECKINRIDGE, 
 
 Resolved, That the Committee on Ac- 
 counts be instructed to allow to L. L. Wai- 
 bridge mileage and the pay which was by 
 the original contract agreed to be allowed 
 to both of the Reporters, and that said claim 
 be paid in the same manner as the pay of the 
 officers and members of this Convention. 
 
 Mr. HITCHCOCK offered the following re- 
 solutions : 
 
 Resolved, 1st. That 15,000 copies of the 
 Ordinances adopted by this Convention 
 be printed in pamphlet form, and that when 
 printed they be delivered to the Secretary 
 of State for distribution as follows : Ten 
 copies to each member of this Convention, 
 and the remainder to the Clerks of the 
 County Courts, or other equivalent officer, 
 of the several counties in this State, in the 
 same proportion as the Session Acts are 
 now required to be distributed to said 
 counties, and it shall be the duty of such 
 Clerks to distribute the copies so received 
 by them among the voters of their respec- 
 tive counties. 
 
 2d. That the Revenue Law, approved 
 March 27, 1861, together with all Acts 
 amendatory or supplementary thereto, be 
 printed with and attached to said Ordi- 
 nances. 
 
 3d. That the Secretary of this Conven- 
 tion be and he is hereby directed to append 
 to the Journals to be printed therewith, all 
 Ordinances and all Resolutions of a general 
 nature adopted by this Convention. 
 
 4th. That the Committee appointed at the 
 Session of this Convention in October, 1861, 
 to contract for printing the Proceedings 
 thereof, be and the same is hereby revived, 
 and authorized to contract for the printing 
 authorized by the foregoing resolutions, 
 and also for the printing of five thousanu 
 copies of the Proceedings and Debates of 
 this Convention at its present Session; 
 provided, that the rates to be paid therefor 
 shall not exceed the rates heretofore paid 
 for printing the Proceedings of this body : 
 and said Committee shall procure all the 
 ! printing authorized by these resolutions to 
 be properly done and distributed under 
 such contracts, and shall audit the account 
 therefor, which account, when audited and 
 approved by a majority of such Committee, 
 shall be paid for as other allowances of this 
 Convention. 
 
 5th. That the copies of the Proceedings 
 
 and Debates of the present Session above 
 
 | authorized to be printed shall be forwarded 
 
 j by the persons employed to print the same, 
 
 in the same manner as provided by resolu- 
 
43 
 
 tion of this body, adopted on the 22d day of 
 March, 1801, in respect to the Proceedings 
 and Debates of the first Session, except that 
 for the members of the late General As- 
 sembly therein mentioned, the members of 
 the next General Assembly shall be substi- 
 tuted. 
 
 The 1st resolution was agreed to. 
 
 Mr. SHEELEY moved to amend by striking 
 out the 2d resolution; which amendment 
 was agreed to. 
 
 The 3d resolution was agreed to. 
 
 Mr. PHILLIPS offered the following amend- 
 ment, which was agreed to : 
 
 Amend by adding to the 4th resolution 
 as follows : 
 
 "That said Committee be instructed to 
 contract with George Knapp & Co. for the 
 printing herein provided for.' 5 
 
 The 4th resolution as amended was then 
 agreed to, and the 5th resolution was 
 agreed to. 
 
 Mr. IRWIN introduced an ordinance en- 
 titled "An ordinance relating to County 
 Assessors and other officers," which was 
 adopted by the Convention. 
 
 Mr. BRECKINRIDGE called up an ordinance 
 entitled " An ordinance in relation to As- 
 sessors and Collectors," which was under 
 consideration this morning. 
 
 The substitute offered by Mr. Comingo 
 was disagreed to, and the amendment of 
 Mr. Sheeley was rejected. 
 
 Mr. BUSH moved to amend by striking out 
 of section 1st the words "who shall be 
 elected in August next, or such as may be," 
 and also the words " in case of a failure to 
 elect ;" and to add to the end of the sec- 
 tion the following words, " and the asses- 
 sors shall be also required to make remarks 
 on their returns in all cases which seem to 
 demand relief ;" which was agreed to. 
 
 Mr. DOUGLASS moved to amend section 
 1st by striking out all after the word "law," 
 in line third, to the word " uncollected" 
 inclusive, in line fourth ; which amend- 
 ment was agreed to. 
 
 Mr. WOOLFOLK offered the following 
 amendment, which was rejected : Amend 
 section 1st by adding after the word "law," 
 in the seventh line, as follows : " for the 
 years 1861 and 1862;" also, strike out, in 
 
 said line, " on the 1st day of February, 
 1861 ;" and insert after the " 1st day of 
 February, 1862," in the eighth line, as fol- 
 lows, " and not acquired by purchase since 
 the first day of February, 1861." 
 
 The question being on agreeing to the 1st 
 section as amended, it was decided in the 
 affirmative by the following vote, the ayes 
 and noes being demanded by Mr. ORR : 
 
 AYES Messrs. Allen, Birch, Bogy, Breck- 
 inridge, Bridge, Bush, Douglass, Dunn, 
 Eitzen, Frayser, Gravelly, Hall of B., Hen- 
 dricks, Hitchcock, Holmes, How, Irwin, Is- 
 bell, Jackson, Jamison, Johnson, Leeper, 
 Linton, Long, Marvin, McClurg, McCor- 
 mack, McDowell, McFerran, Meyer, Phil- 
 lips, Pomeroy, Rankin, Rowland, Scott, 
 Shackelford of St. L., Shanklin, Smith of 
 St. L., Stewart, Welch, Woolfolk, and Van- 
 buskirk 42. 
 
 NOES Messrs. Bass, Bast, Brown, Cal- 
 houn, Cayce> Donnell, Drake, Flood, How- 
 ell, Hudgens, Matson, Orr, Pipkin, Ritchey, 
 Sayre, Shackelford of H., Smith of L., Wal- 
 ler, Woodson, and Zimmerman 20. 
 
 The second, third and fourth sections 
 were then read and severally agreed to. 
 
 On motion of Mr. BRIDGE, the fifth sec- 
 tion was amended by striking out the words 
 [from] "notwithstanding" to "next," in 
 the thirteenth line, and the section as amen- 
 ded was then agreed to. 
 
 The sixth, seventh, eighth, tenth and 
 eleventh sections were then severally read 
 by the Secretary and agreed to by the Con- 
 vention. 
 
 Mr. MCFERRAN offered the following 
 amendment by way of new section, as fol- 
 lows : 
 
 " SEC. . This ordinance shall be in force 
 from and after its passage, and may be re- 
 pealed at any time by the General Assembly 
 of this State." 
 
 Which amendment was agreed to. 
 
 Mr. IRWIN offered the following amend- 
 ment, which was agreed to. 
 
 Amend by adding the following addition- 
 al sections : 
 
 " SEC. . Where any collector may have 
 received and receipted for the tax books 
 for the taxes due for 1861, and shall 
 have collected a portion thereof prior to 
 the time of his failure to take the oath 
 heretofore prescribed by this Convention 
 and his consequent removal from office, 
 
44 
 
 such collectors shall make settlement with 
 the County Court, who shall allow to such 
 collector on such settlement the amount of 
 the taxes remaining uncollected. The 
 amount of taxes collected shall be paid over 
 to his successor in office, taking duplicate 
 receipts therefor, one of which shall be 
 transmitted to the Auditor of Public Ac- 
 counts, and the Auditor shall charge such 
 successor with the amount received by him 
 from the former collector. County Courts 
 are hereby authorized to make such settle- 
 ment in the same manner as if made at the 
 time at which such settlement is required 
 to be made by existing laws. 
 
 " SEC. . The present collectors, or the 
 collectors hereafter to be elected or ap- 
 pointed, shall proceed to the collection of 
 the taxes thus remaining uncollected in the 
 manner required by law, and he shall have 
 the same power to enforce such collections 
 as he may have for the taxes of 1863 now 
 provided by law and the terms of this ordi- 
 nance." 
 
 Mr. BRECKINRIDGE offered the following 
 amendment, which was agreed to : 
 
 Amend by adding, as a new section, as 
 follows : 
 
 " SEC. . The Governor is hereby author- 
 
 ized, if in his judgment the additional la- 
 bor required by this ordinance to be per- 
 formed by the Register of Lands makes it 
 necessary, to appoint an additional clerk 
 for that office, to continue in office during 
 his pleasure, and to be paid for the time so 
 employed at the rate of six hundred dollars 
 per annum.' 5 
 
 The ordinance as amended was then adop- 
 ted by the Convention. , 
 
 On motion of Mr. HOWELL, the vote dis- 
 agreeing to the " Ordinance in regard to 
 the duties of the Register of Lands and 
 County Assessors" was reconsidered. 
 
 On motion of Mr. IRWIN, the vote on 
 agreeing to the " Ordinance relating to 
 County Assessors and other officers" was 
 reconsidered; when Mr. Irwin offered the 
 following amendment to said ordinance, 
 which was agreed to : 
 
 Amend by inserting after the word "elect- 
 ed," in the eighth line, the words " or ap- 
 pointed." 
 
 The said ordinance as amended was then 
 adopted by the Convention. 
 
 On motion of Mr. ALLEN, the Convention 
 adjourned until to-morrow morning at 8 
 o'clock. 
 
 TWELFTH DAT. 
 
 SATURDAY MORNING, June 14, 1862. 
 
 The Convention met pursuant to adjourn- 
 ment, and was opened with prayer by Rev. 
 Mr. ALLEN. 
 
 On motion of Mr. DONIPHAN, the reading 
 of the Journal of proceedings of yesterday 
 was dispensed with. 
 
 Mr. POMEROY, from the select committee 
 to whom was referred a memorial and cer- 
 tain resolutions, presented the following re- 
 port, which was agreed to : 
 
 " The committee to whom was referred 
 the resolutions in relation to the improper 
 destruction and seizure and removal of 
 property of citizens of the State of Missouri 
 
 by certain officers and soldiers of the army 
 of the United States, and by persons en- 
 gaged in waging war against the United 
 States contrary to the laws of war, recom- 
 mend the adoption of the resolutions here- 
 with reported. POMEROY, CTi'n." 
 
 Resolved, 1. That our Senators and Rep- 
 resentatives in Congress be requested to 
 secure the passage of a law by Congress 
 providing for the adjudication by Commis- 
 sioners and the payment by the United 
 States of all claims of citizens of the State 
 of Missouri that may be found to be just, 
 arising out of the improper destruction and 
 seizure and removal of property by certain 
 
45 
 
 officers and soldiers of the army of the 
 United States, and by persons engaged in 
 waging war against the United States con- 
 trary to the laws of war. 
 
 Resolved^ 2. That the Secretary of this 
 Convention forward a copy of these Reso- 
 lutions to each of our Senators and Repre- 
 sentatives in Congress. 
 
 On motion of Mr. SMITH of St. L., 
 
 Resolved, That during the remainder of 
 this session no member shall speak longer 
 than five minutes on any question. 
 
 Mr. BRECKINRIDGE, from the select commit- 
 tee to whom was referred the Message of the 
 Governor, presented the following report : 
 
 " The select committee, to which was re- 
 ferred the message of the Governor, ( re- 
 commending some action in response to the 
 proposition of the Congress of the United 
 States concerning the emancipation of 
 slaves, adopted at the instance of the Pres- 
 ident of the United States,' having had the 
 same under consideration, and being unable 
 to agree, the undersigned, a majority there- 
 of, beg leave to report the accompanying 
 resolutions, and recommend their passage. 
 S. M. BRECKINRIDGE, Ch'n. 
 SAMPLE ORR, 
 W. DOUGLASS." 
 
 WHEREAS, The Congress of the United 
 States, upon the special recommendation of 
 the President, has at its present session, 
 adopted a joint resolution, in the following 
 words, to wit : 
 
 " Resolved, That the United States ought 
 to co-operate with any State which may 
 adopt gradual abolishment of slavery, giv- 
 ing to such State pecuniary aid, to be used 
 by such State in its discretion, to com- 
 pensate for the inconveniences, public and 
 private, produced by such change of sys- 
 tem :" 
 
 Be it, therefore, 
 
 Resolved, 1st. That in the opinion of this 
 Convention the proposition contained in 
 the said joint resolution adopted by Con- 
 gress and approved April 10, A. D. 1862, is 
 entitled, as well from its eminent source, 
 as from its intrinsic importance, to de- 
 liberate and respectful consideration. 
 
 Resolved, 2d. That while a majority of 
 this Convention have not felt authorized to 
 
 take action with respect to the grave and 
 delicate questions of private right and pub- 
 lic policy presented by said resolution, yet 
 this body desires to recognize the liberality 
 therein displayed by the Government of 
 the United States, and to express its pro- 
 found appreciation thereof. 
 
 Resolved, 3d. That the Governor be, and 
 he is hereby requested, to transmit properly 
 authenticated copies of the foregoing reso- 
 lutionsto the President of the United States, 
 and to the presiding officers of the Senate 
 and the House of Representatives. 
 
 Mr. STEWART submitted a substitute, which 
 was read ; after which he withdrew it. 
 
 Mr. RAY moved to lay the resolutions and 
 report on the table, which was decided in 
 the negative by the following vote, the ayes 
 and noes being demanded by him : 
 
 AYES Messrs. Bast, Brown, Calhoun, 
 Donnell, Drake, Frayser, Hudgens, Marma- 
 duke, Matson, Pipkin, Ray, Sayre, Shack- 
 elford of H., Sheeley, and Zimmerman 15. 
 
 NOES Messrs. Allen, Bass, Birch, Bogy, 
 Breckinridge, Bridge, Bush, Cayce, Collier, 
 Comingo, Doniphan, Douglass, Dunn, Eit- 
 zen, Flood, Hall of B., Hendricks, Hitch- 
 cock, Holmes, How, Hovvell, Irwin, Isbell, 
 Jackson, Jamison, Johnson, Kidd, Leeper, 
 Linton, Long, Marvin, McClurg, McCor- 
 mack, McDowell, McFerran, Meyer, Orr, 
 Phillips, Pomeroy, Rankin, Ritchey, Ross, 
 Scott, Shackelford of St. L., Shanklin, 
 Smith of L., Smith of St. L., Stewart, Wal- 
 ler, Welch, Woodson, Woolfolk, and Van- 
 buskirk 53. 
 
 Mr. HALL of B. offered the following as a 
 substitute : 
 
 " The Convention of the State of Mis- 
 souri, in response to the message of his ex- 
 cellency Governor Gamble with reference to 
 the message of the President of the United 
 States, and'the resolution of the Congress 
 of the United States upon the subject of 
 emancipation, adopt the following resolu- 
 tion : 
 
 "Resolved, That while this Convention 
 recognizes the liberality of the Government 
 of the United States in the action referred 
 to, yet the Convention thinks it should not 
 act upon the subject of emancipation, for 
 the following, among other reasons : 
 
 " ( When this Convention was chosen, the 
 subject before the public mind was the re- 
 lations between the State and the General 
 
46 
 
 Government. Acting upon this subject, the 
 Convention deposed a Governor and Legis- 
 lature because they were trying to disturb 
 those relations ; militia ordinances were 
 adopted, because a military force was neces- 
 sary to maintain those relations ; the of- 
 fices of all persons in office who refused to 
 take an oath of allegiance were vacated, be- 
 cause official power in the hands of disloy- 
 al persons might be employed to disturb 
 such relations ; laws were vacated, because 
 they had been passed for the purpose of 
 bringing on a collision with the Government ; 
 in fine, the action of the Convention has 
 been mainly addressed to the one subject 
 which it was elected to consider, and to 
 those which naturally arose out of it. 
 
 (e ( When, then, it is asked to entertain a 
 proposition which is to effect a radical change 
 in the social organization of the State, it is 
 well warranted in declining to act upon the 
 proposition upon the ground that the peo- 
 ple, in choosing the Convention, never in- 
 tended or imagined that the body would un- 
 dertake any social revolution wholly uncon- 
 nected with the relations between the State 
 and the General Government.' J; 
 
 Mr. RAY moved to strike out of the sub- 
 stitute the following words, to-wit: "while 
 this Convention recognizes the liberality of 
 the Government of the United States in the 
 action referred to, yet ;" which motion was 
 disagreed to by the following vote, the ayes 
 and noes being demanded by Mr. Stewart : 
 
 AYES Messrs. Bass, Bast, Birch, Brown, 
 Calhoun, Donnell, Drake, Flood, Hitchcock, 
 Hudgens,Marmaduke,Matson, Pipkin, Ray, 
 Ross, Sayre, Shackelford of H., Sheeley, 
 and Welch 19. 
 
 NOES Messrs. Allen, Bogy, Breckinridge, 
 Bridge, Bush, Collier, Comingo, Doniphan, 
 Douglass, Dunn, Eitzen, Frayser, Gravelly, 
 Hall of B., Hendricks, Holmes, How, How- 
 ell, Irwin, Isbell, Jackson, Jamison, John- 
 son, Kidd, Leeper, Linton, Long, Marvin, 
 McClurg, McCormack, McDowell, McFer- 
 ran, Meyer, Orr 3 Phillips, Pomeroy, Rankin, 
 Ritchey, Scott, Shackelford of St.L., Shank- 
 lin, Smith of ,L., Smith of St. L., Stewart, 
 Woolfolk, and Vanbuskirk 46. 
 
 Mr. MARMADUKE offered the following 
 amendment, which was rejected : 
 
 Amend by striking out all after the word 
 " emancipation" in the resolution. 
 
 The question now being on the substitute 
 offered by Mr. Hall of B., it was rejected by 
 the following vote, the ayes and noes being 
 demanded by Mr. Stewart : 
 
 AYES Messrs. Bass, Bast, Birch, Brown, 
 Calhoun, Comingo, Doniphan, Donnell, 
 Drake, Dunn, Flood, Hall of B., Howell, 
 Hudgens, Irwin, Jamison, Kidd, Marma- 
 duke, Matson, McDowell, Pipkin, Rankin, 
 Ray, Ritchey, Ross, Sayre, Shackelford of 
 H., Sheeley, Welch, and Woodson 30. 
 
 NOES Messrs. Allen, Bogy, Breckinridge, 
 Bridge, Bush, Collier, Douglass, Eitzen, 
 Gravelly, Hendricks, Hitchcock, Holmes, 
 How, Isbell, Jackson, Johnson, Leeper, 
 Linton, Long, Marvin, McClurg, McCor- 
 mack, McFerran, Meyer, Orr, Phillips, 
 Pomeroy, Scott, Shackelford of St. L., 
 Shanklin, Smith of L., Smith of St. L. a 
 Stewart, Woolfolk, and Vanbuskirk 35. 
 
 Mr. BIRCH offered the following as a sub- 
 stitute : 
 
 "In response to the proposition of the 
 Government of the United States, as offici- 
 ally brought to the notice of this Conven- 
 tion by the Governor's message of yester- 
 day, it is 
 
 " Resolved, That the lateness of the pe- 
 riod to which the consideration of the mo- 
 mentous question therein alluded to has 
 been thus deferred, renders the proper dis- 
 cussion thereof impracticable under the 
 rule which has been adopted for closing the 
 proceedings of this body ; and that for this 
 and other reasons the consideration of the 
 proposition is at this time respectfully de- 
 clined." 
 
 Mr. HALL of B. moved the previous ques- 
 tion, which was sustained. 
 
 The question now being on the substitute 
 as offered by Mr. Birch, it was rejected by 
 the following vote, the ayes and noes being 
 demanded by Mr. Meyer : 
 
 AYES Messrs. Bass, Bast, Birch, Brown, 
 Calhoun, Doniphan,Donnell,Drake, Dunn, 
 Flood, Howell, Marmaduke, Matson, Mc- 
 Dowell, Ray, Ritchey, Ross, Sayre, Shack- 
 elford of H., Sheeley, Welch, and Wood- 
 son 22. 
 
 NOES Messrs. Allen, Bogy, Breckinridge, 
 Bridge, Bush, Collier, Douglass, Eitzen, 
 Gravelly, Hall of B., Hendricks, Hitchcock, 
 Holmes, How, Irwin, Isbell, Jackson, Jami- 
 son, Leeper, Linton, Long, Marvin, Mc- 
 Clurg, McCormack, McFerran, Meyer, Orr, 
 Phillips, Poineroy, Rankin, Scott, Shackel- 
 ford of St. L., Shanklin, Smith of L., Smith 
 
4T 
 
 of St. L., Stewart, Woolfolk, and Vanbus- 
 kirk 38. 
 
 The resolutions as reported by the ma- 
 jority of the committee were then adopted, 
 the ayes and noes being demanded by Mr. 
 Isbell. 
 
 AYES Messrs. Allen, Bogy, Breckin- 
 ridge, Bridge, Bush, Collier, Douglass, 
 Eitzen, Gravelly, Hendricks, Hitchcock, 
 Holmes, How, Irwin, Isbell, Jackson, John- 
 son, Lecper, Linton, Long, Marvin, Mc- 
 Clurg, McCormack, McFerran, Meyer, Orr, 
 Phillips, Pomeroy, Rankin, Scott, Shackel- 
 ford of St. L., Shanklin, Smith of L., Smith 
 of St. L., Stewart, Woolfolk, and Vanbus- 
 kirk 37. 
 
 NOES Messrs. Bass, Bast, Birch, Brown, 
 Calhoun, Comingo, Donnell, Drake, Dunn, 
 Hall of B., Howell, Marmaduke, Mat- 
 son, McDowell, Ray, Ritchey, Ross, Sayre, 
 Shackelford of H., Sheeley, Welch, Wood- 
 son, and Zimmerman 23. 
 
 On motion of Mr. ALLEN, 
 
 Resolved, That the Committee on Ac- 
 counts be instructed to allow to the Hon. 
 James H. Birch, a member of this Conven- 
 tion, his per diem pay from the first day 
 of the present session. 
 
 Mr. LEEPER introduced the following 
 ordinance : 
 
 Be it ordained by the People of Missouri 
 in Convention assembled as follows : 
 SECTION 1. That hereafter if any vacancy 
 from any cause shall occur among the com- 
 missioned officers in any company of the 
 Missouri State Militia, that such vacancy 
 shall be filled by the appointment of the 
 Executive of the State. 
 
 SEC. 2. Provided, however, that the 
 General Assembly may at any time repeal 
 this ordinance. 
 
 Which said ordinance was, on motion of 
 Mr. BOGY, laid on the table. 
 
 Mr. DOUGLASS, as Chairman of the Com- 
 mittee on Finance, submitted the follow- 
 ing report, which was agreed to : 
 
 "The Committee on Finance, to whom 
 was referred the memorial of G. C. Swal- 
 low, respectfully report that since the said 
 
 reference they have received a letter from 
 said Swallow asking leave to withdraw his 
 said memorial, and the Committee therefore 
 recommend that said Swallow be permitted 
 to withdraw his said memorial, and that 
 they be discharged from the further con- 
 sideration of the same." 
 
 On motion of Mr. HITCHCOCK, 
 
 Resolved, That this Convention has heard 
 with high gratification, since its assembling, 
 the tidings of the successes of the Union 
 arms at Corinth, Memphis, and in Virginia, 
 and hereby tenders its thanks and con- 
 gratulations to the gallant men and their 
 able and distinguished leaders who have 
 exposed their lives in defence of the Na- 
 tional Government, and its earnest sym- 
 pathy to the friends of those who have 
 fallen gloriously in so just a cause. 
 
 On motion of Mr. ORR, the " Ordinance 
 in relation to the duties of the Register of 
 Lands and County Assessors" was taken 
 up by the Convention. 
 
 On motion of Mr. MCFERRAN, the 1st, 2d, 
 3d, 4th, 7th and 8th sections were stricken 
 out of said ordinance. 
 
 On motion of Mr. MCCORMACK, the 5th 
 section was amended by adding the follow- 
 ing words at the conclusion of said section, 
 " to be paid into the State Treasury." 
 
 The ordinance as amended was then 
 adopted by the Convention. 
 
 On motion of Mr. BOGY, 
 
 Resolved, That the thanks of this Con- 
 vention are due and are tendered to the 
 officers of this Convention for the dignity, 
 courtesy and ability with which they have 
 fulfilled the duties of their respective offices. 
 
 On motion of Mr. MCFERRAN, the Con- 
 vention adjourned until the fourth day of 
 July, eighteen hundred and sixty-three, 
 under the resolution adopted on yesterday. 
 
 AIKMAN WELCH, 
 Vice-Preset of the Convention. 
 Attest : SAMUEL A. LOWE, 
 
 Secretary of the Convention. 
 
INDEX TO JOURNAL. 
 
 
 AN ORDINANCE 
 
 Repeal of, concerning the election of Justi- 
 ces in Gasconade county. 
 
 Referred 10 
 
 Committee recommended its rejection, .16 
 Defining the qualifications of voters and 
 civil officers in this State. 
 Introduced by Mr. Scott, and referred- 10 
 Reported back, ordered to be printed, 
 and made the special order for 4th 
 
 day,at 2P.M. 14 
 
 Considered by sections, and motions 
 
 made to amend 16 
 
 Amendment adopted, and recommitted, 19 
 Taken up, and made the special order 
 
 for 2 P. M. (6th day) 21 
 
 Amended .21-22 
 
 Substitute offered, and adjournment, 22-23 
 Substitutes offered and withdrawn - 23 
 
 Amended 23 
 
 Further amendments, and final adop- 
 tion 26-29 
 
 'Respecting compensation of discharged sol- 
 diers. 
 
 Referred 10 
 
 Requiring candidates for State offices to 
 make affidavit of loyalty. 
 
 Referred 11 
 
 Concerning the Senate and Senatorial Dis- 
 tricts. 
 
 Referred 11 
 
 Reported back with amendments, and 
 
 adopted 36 
 
 Jn relation to Assessors and Collectors. 
 
 Referred 12 
 
 Amended, and further amendments 
 
 proposed 34-35 
 
 Further action 36-37 
 
 Consideration resumed 38-39 
 
 Called up, amended, and adopted - 43-44 
 Authorizing the Secretary of State to fur- 
 nish the Clerk of Phelps Circuit Court 
 with a set of the (l Decisions." 
 
 Referred 13 
 
 To punish persons for disturbing Courts of 
 Record. 
 
 Referred 14 
 
 3 
 
 I AN ORDINANCE 
 
 Releasing the tax-payers of Jackson, Cass 
 and Bates counties. 
 
 Amended twice, and referred 14 
 
 Continuing the present Provisional Govern- 
 ment in office. 
 
 Reported back from Committee on Elec- 
 tions, and made the special order for 
 
 4th day, at 2 P. M. 14 
 
 Five additional sections proposed' .-29-30 
 
 Rejected 31 
 
 Vote reconsidered, and ordinance adopt- 
 ed 32 
 
 Repealing certain ordinances submitting the 
 action of the Convention to a vote of the 
 People. 
 
 Reported back from Committee on 
 Elections, and made the special order 
 
 for 4th day, at 2 P. M. 14 
 
 Galled up, and adjournment 21 
 
 Postponing the election to be held in Au- 
 gust, 1862, &c. 
 
 Minority report of Committee on Elec- 
 tions made the special order for 4th 
 
 day, at 2 P. M. 14 
 
 Providing for laying off the State into Con- 
 gressional Districts. 
 Made the special order for 5th day 15 
 
 Amended and adopted 20-21 
 
 Amending an ordinance for abolishing cer- 
 tain offices, &c. 
 
 Laid on table, and ordered to be printed 16 
 
 Adopted 21 
 
 To enable citizens of this State in the mili- 
 tary service of the United States, or of 
 this State, to vote. 
 
 Ordered to be printed 19 
 
 Amendment proposed and rejected .... 31 
 
 Amended, and adopted 33-34 
 
 To provide for submitting to a vote of the 
 People of Missouri certain amendments 
 to the Constitution, and a scheme for the 
 gradual Emancipation of Slaves. 
 
 Laid on the table 19-20 
 
 For the appointment of a Commissioner to 
 audit certain claims against the State. 
 Reported by select committee, and laid 
 on table for the present 25 
 
50 
 
 Ax ORDINANCE 
 
 For payment of Division Inspectors. 
 
 Ordered to be printed 25 
 
 Section 4 proposed, but decided to be 
 
 out of order 31 
 
 Taken up, amended, and adopted- -41-42 
 For the distribution of laws therein named. 
 Reported by select committee, and laid 
 
 on table 25 
 
 In relation to the duties of Register of Lands 
 and County Assessors. 
 
 Reported by select committee, and or- 
 dered to be printed 25-26 
 
 Called up, but action deferred till next 
 
 day 31 
 
 Further action thereon 41 
 
 Disagreement reconsidered 44 
 
 Again taken up, amended, and adopted, 47 
 For the appointment of artillery officers, &c. 
 Reported by the Committee on Militia, 
 
 amended, and adopted 26 
 
 Supplementary to the ordinance entitled 
 "An ordinance denning the qualifications 
 of voters," &c. 
 
 Mr. Hendricks gives notice of intro- 
 duction 30 
 
 Rejected 42 
 
 Amending the third article f the State Con- 
 stitution. 
 
 Referred to select committee 31 
 
 Reported back with an amendment, 
 which was agreed to; further amend- 
 ments then offered,, and laid on table 
 
 tillSP.M. 36 
 
 Amended and adopted 40-41 
 
 Vote reconsidered 41 
 
 In relation to voting in certain counties. 
 Reported from Committee on Elections, 
 new section added, and made the spe- 
 cial order for next day 34 
 
 Amended 39 
 
 Further amended and adopted 40 
 
 Appropriating money to pay the members, 
 officers, &c. 
 
 Adopted 35 
 
 Appropriating money for the care of the 
 sick and wounded soldiers of Missouri. 
 
 Adopted 35 
 
 To repeal an act of the General Assembly, 
 
 entitled "An Act to separate the office of 
 
 Sheriff and Collector in the County of 
 
 Washington." 
 
 Reported from select committee, and 
 
 rejected 36 
 
 Relating to County Assessors and other offi- 
 cers. Adopted 43 
 
 AN ORDINANCE 
 
 Concerning vacancies among commissioned 
 officers in State Militia. 
 Read, and laid on table 47 
 
 COMMITTEES, APPOINTMENT or 
 
 On Governor's Message 9 
 
 On petition asking the expulsion of Mr. 
 
 Hudgens 18 
 
 To report on the propriety of drafting an 
 ordinance facilitating the assessment and 
 
 collection of revenue 20 
 
 On memorial of Philander Draper 21 
 
 On memorial to Congress, for claims 36 
 
 On Governor's special Message 39 
 
 CREDENTIALS presented by Mr. J. H. 
 Shanklin 3 
 
 INVITATION to visit Penitentiary 19 
 
 MEMORIALS 
 
 From Philander Draper. 
 
 Referred to select committee 21 
 
 Committee reported 25 
 
 From A. W. Morrison. 
 
 Referred to Committee on Finance 23 
 
 Report of committee 35 
 
 From Prof. G. G. Swallow. 
 
 Referred to Committee on Finance 25 
 
 Withdrawn 47 
 
 To Congress asking for the passage of an 
 Act creating a Commissioner for claims 
 on account of property taken by Federal 
 army 35-36 
 
 MESSAGE from Governor 4-9, 37-38 
 
 MINORITY REPORT from Committee on 
 Elections and Elective Franchise 14 
 
 PETITIONS FROM CITIZENS 
 
 Of Moniteau County 9 
 
 Of 4th Senatorial District 18 
 
 Of Callaway County - 18 
 
 PROCEEDINGS 
 First Day 
 Second Day 
 
 Third Day - 
 
 Fourth Day 
 
 Fifth Day - 
 
 Sixth Day 
 
 Seventh Day ' 
 
 Eighth Day 
 
 Ninth Day 
 
 Tenth Day 
 
 Eleventh Day 
 
 Twelfth Day 
 
 3 
 9 
 
 12 
 15 
 17 
 19 
 23 
 25 
 30 
 32 
 35 
 44 
 
 PROCLAMATION of Governor for convening 
 the Convention 3 
 
51 
 
 REPORTS 
 
 From Committee on Elections and Elective 
 Franchise 14, 16, 19, 20 
 
 From Committee on Congressional Dis- 
 tricts 15 
 
 From Committee on Finance, 17, (three) 35,47 
 
 From Select Committee, declaring the scats 
 of certain members vacant 17-18 
 
 From Committee on Militia 
 
 By Mr. Stewart 20 
 
 By Mr.McClurg 20 
 
 From Select Committee on petition of sun- 
 dry citizens of 4th Conventional District, 26 
 
 From Committee on Constitution 36 
 
 From Select Committee on Memorial to 
 Congress for claims for property taken 
 for the use of Federal army 44-45 
 
 From Select Committee on Governor's spe- 
 cial Message 45 
 
 ROLL-CALL 3, 3-4, 13 
 
 RESOLUTIONS 
 
 By Mr. Rowland, proposing Elder T. M. 
 Allen as Chaplain 4 
 
 By Mr. Brown, to furnish each member 
 with a copy of State census 4 
 
 By Mr. Hitchcock, to appoint a Committee 
 on Governor's Message 9 
 
 By Mr. Stewart, disfranchising certain per- 
 sons 9 
 
 By Mr. Meyer, respecting the appointment 
 of doorkeeper 10 
 
 By Mr. Zimmerman, instructing Commit- 
 tee on Elections 12 
 
 By Mr. Douglass, ordering all voting at 
 elections to be by ballot 12 
 
 By Mr. Gravelly, instructing Committee on 
 Elections to inquire into the expediency 
 of allowing soldiers to vote 12 
 
 By Mr. Leeper, adding Judge McFerran to 
 Committee on Militia 12 
 
 By Mr. Smith, instructing the Committee 
 on Elections to inquire into the expedi- 
 ency of postponing the election of Gov- 
 ernor, &c. 12 
 
 By Mr. Douglass, adding Messrs. Bush and 
 Meyer to Committee on Finance 12 
 
 By Mr. Woolfolk, respecting the death of 
 Col. Tindall 12 
 
 By Mr. Pomeroy, adding Mr. McClurg to 
 Committee on Congressional Districts 13 
 
 By Mr. Allen, deprecating the agitation of 
 the slavery question 13 
 
 By Mr. Bridge, expelling certain members 
 for disloyalty. Referred 13 
 
 RESOLUTIONS 
 
 By Mr. Meyer, to adopt an ordinance ex- 
 patriating certain citizens, and to define 
 conspiracy .... 13-14 
 
 By Mr. Bush, reducing the number of mem- 
 bers in the House of Representatives 16 
 
 By Mr. Scott, instructing the Committee 
 on Finance to inquire into the necessity of 
 taking action for passing tax-books of '61, 16 
 
 By Mr. Howell, instructing Committee on 
 Elections to report on an ordinance dis- 
 pensing with the election, in the year 
 1862, of certain officers 19 
 
 By Mr. Orr, authorizing the President to 
 appoint a special committee on the pro- 
 priety of adopting an ordinance facilita- 
 ting the collection of revenue 20 
 
 By Mr. Douglass, reserving one hour of 
 morning sessions for reception of reports 
 from committees 25 
 
 By Mr. Zimmerman, respecting final ad- 
 journment. Laid on table 26 
 
 By Mr. Allen, that the Convention adjourn 
 the following Saturday. Laid on table 31 
 
 By Mr. Dunn, expressive of the confidence 
 of the Convention in the Governor, &c. 32 
 
 By Mr. Breckinridge, referring special mes- 
 sage from Governor to special committee, 39 
 
 By Mr. Hitchcock, in answer to joint reso- 
 lutions of Congress on recommendation 
 of President 40 
 
 By Mr. Hall of B., relative to final adjourn- 
 ment, &c. 42 
 
 By Mr. Breckinridge, substitute for the 
 preceding resolution 42 
 
 By Mr. Brown, allowing the Chaplain the 
 same pay as members 42 
 
 By Mr. Breckinridge, to allow L. L. Wai- 
 bridge mileage and pay according to con- 
 tract 42 
 
 By Mr. Hitchcock, authorizing the printing 
 and distribution of the Ordinances, Pro- 
 ceedings, Debates, &c., of the present 
 Session . 42-43 
 
 By Mr. Smith of St. L., limiting the speech 
 of members 45 
 
 By Mr. Hall of B., being a substitute for 
 resolutions recommended by select com- 
 mittee on Governor's special message, 45-46 
 
 By Mr. Birch, another substitute for pre- 
 ceding resolutions 46 
 
 By Mr. Allen, allowing Mr. Birch to draw 
 pay from 1st day of Session 47 
 
 By Mr. Hitchcock, expressing the senti- 
 ments of the Convention respecting the 
 successes of Federal arms, &c. 47 
 
INDEX TO APPENDIX. 
 
 An Ordinance providing for certain amend- 
 ments to the Constitution 3 
 
 An Ordinance concerning the repeal and 
 abrogation of certain Laws, and for other 
 purposes 4 
 
 An Ordinance for submitting the action of 
 this Convention to a vote of the people of 
 Missouri 4 
 
 An Ordinance providing for changing the 
 time for holding certain elections 5 
 
 An Ordinance providing for abolishing cer- 
 tain offices, reducing salaries, and testing 
 the loyalty of civil officers, and offering 
 amnesty to certain persons on certain con- 
 ditions 5 
 
 An Ordinance respecting certain records 
 and other property of the State 7 
 
 An Ordinance to provide for the organiza- 
 tion and government of the Missouri 
 State Militia.-.^- 7 
 
 An Ordinance to provide for the defence of 
 the State 10 
 
 An Ordinance to amend "An ordinance 
 providing for abolishing certain offices, 
 reducing salaries, and testing the loyaltj" 
 of civil officers in this State" 12 
 
 An Ordinance repealing certain ordinances 
 submitting the action of the Convention 
 to a vote of the people of Missouri and for 
 other purposes 12 
 
 An Ordinance providing for laying off the 
 State into Congressional districts 12 
 
 An Ordinance defining the qualifications of 
 voters and civil officers in this State 13 
 
 An Ordinance for the appointment of artil- 
 lery officers, for the greater efficiency of 
 the important arm of the military ser- 
 vice, the artillery 14 
 
 An Ordinance continuing the present Pro- 
 visional Government in office 14 
 
 An Ordinance to enabk citizens of this State, 
 in the military service of the United 
 States or the State of Missouri, to vote-- 15 
 
 An Ordinance in relation to Assessors and 
 Collectors, and providing for the payment 
 of certain accounts 16 
 
 An Ordinance appropriating money 18 
 
 An Ordinance appropriating mosey for the 
 care of the sick and wounded soldiers of 
 Missouri 19 
 
 An Ordinance relating to County Assessors- 
 and other officers 19 
 
 An Ordinance in relation to voting in cer- 
 tain counties 19 
 
 An Ordinance for payment of Division In- 
 spectors, and for other purposes 20 
 
 An Ordinance amending the third article of 
 the State Constitution 21 
 
 An Ordinance requiring the State Senators 
 to be divided' into classes by let 21 
 
 Am- Ordinance in relation to the duties of the 
 Register of Lands and County Assessors 21 
 
 Resolutions in answer to joint resolution of 
 Congress respecting the gradual abolish- 
 ment of slavery 22 
 
 Resolutions authorizing the printing and 
 distribution of Ordinances, Journal, and 
 Debates, of present session - 23 
 
 Resolutions instructing Senators and Rep- 
 resentatives in Congress 23 
 
 Invitation to visit Penitentiary 24 
 
 Substitute offered by Mr. Stewart for the 
 majority report on Governor's message, 
 and withdrawn June 14, 1862 24 
 
 Report of Committee on Finance on the 
 memorial of A. W. Morrison 25 
 
 Report of the Auditor of Public Accounts 26 
 
 Census of Missouri 30 
 
APPENDIX TO JOURNAL. 
 
ORDINANCES 
 
 
 PASSED AT THE VARIOUS SESSIONS 
 
 OF THE 
 
 MISSOURI STATE CONVENTION 
 
 AN ORDINANCE PROVIDING FOR CERTAIN 
 AMENDMENTS TO THE CONSTITUTION. 
 
 The People of the State of Missouri, by their 
 
 Delegates in Convention assembled, do 
 
 ordain as follows: 
 
 First. That the offices of Governor, Lieu- 
 tenant Governor, Secretary of State, and 
 members of the General Assembly, be and 
 the same are hereby vacated. 
 
 Second. A Governor, Lieutenant Gover- 
 nor, and Secretary of State, shall be ap- 
 pointed by this Convention, to discharge 
 the duties and exercise the powers which 
 pertain to their respective offices by the ex- 
 isting laws of the State, and to continue in 
 office until the first Monday of November, 
 1861, and until their successors are elected 
 and qualified, or until the qualified voters 
 as hereinafter provided disapprove the ac- 
 tion of this Convention. 
 
 Third. On the first Monday of November, 
 1SG1, a Governor, Lieutenant Governor, and 
 Secretary of State, and members of the 
 General Assembly, shall be elected by the 
 qualified voters of this State, to hold their 
 offices during the term for which the pres- 
 ent incumbents of said offices were elected. 
 
 Fourth. The elecdons provided to be 
 held by this ordinance on the first Monday 
 of November, 18G1, shall be conducted in 
 the same manner in all respects as is now 
 provided by the election laws of this State 
 
 now in force, and shall be held by the qua- 
 lified voters of the State, at the same place 
 in the election precincts now established 
 by law, where the elections were held for 
 delegates to this Convention on the 18th day 
 of February last; and in case any clerk shall 
 fail to make out the proper poll books, or 
 in case any sheriff shall fail to deliver the 
 same to the judges of election, then the 
 clerks of the election may proceed to make 
 out such poll books. 
 
 Fifth, In case the clerks of the several 
 courts whose duty it is as now provided 
 by law to certify and send up to the Secre- 
 tary of State an abstract of the votes given 
 at such election, or in case there should be 
 a failure to receive such returns at the seat 
 of government within twenty days after 
 the first Monday of November, 1861, the 
 Secretary of State shall dispatch a messen- 
 ger to the county not returned, with direc- 
 tions to bring up the poll books authorized 
 to be retained by the judges of election, 
 and the Secretary of State, in the presence 
 of the Governor, shall proceed to cast up 
 the votes given at such election, and shall 
 thereupon proceed to issue commissions to 
 the candidates having the highest number 
 of votes. 
 
 Sixth. Be it further ordained, That the 
 returns of the election for Governor, Lieu- 
 tenant Governor, and Secretary of State, 
 
provided for by this ordinance, shall be 
 made to the office of the Secretary of Stati 
 as now provided by law; and the Secretar 
 of State, within forty days after the firs 
 Monday of November, 1861, or sooner if 
 the returns shall have been made, shall, in 
 the presence of the Governor, proceed to 
 cast up the votes given at said election foi 
 Governor, Lieutenant Governor, and Secre- 
 tary of State ; and shall give to the persons 
 having the highest number of votes for thes 
 offices respectively, certificates of their 
 election; and the persons so elected shal 
 immediately thereafter be qualified and 
 enter upon the discharge of the duties of 
 their respective offices. 
 Adopted July 30, 1861. 
 
 AN ORDINANCE CONCERNING THE REPEAL 
 AND ABROGATFON OF CERTAIN LAWS, AND 
 FOR OTHER PURPOSES. 
 
 WHEREAS, The General Assembly of the 
 State of Missouri did, in secret session, 
 contrary to the known wishes of their 
 constituents, in violation of the Consti- 
 tution, and the dearest rights and inter- 
 ests of the people, and for the purpose of 
 dissolving the political relations of this 
 State to the Government of the United 
 States, and subverting the institutions of 
 this State, enact certain odious laws 
 hereinafter enumerated ; Therefore, 
 
 First. Be it ordained by the People of 
 Missouri in Convention assembled, That 
 an act entitled "An act to provide for the 
 organization, government and support of 
 the military forces of the State of Mis- 
 souri," approved May 14th, 1861 ; Also, an 
 act to create a military fund for the State, 
 entitled "An act to raise money to arm the 
 State, repel invasion, and protect the lives 
 and property of the people of Missouri, 35 
 approved May llth, 1861 ; Also, an act en- 
 titled " An act to authorize the appoint- 
 ment of one Major- General for the Missouri 
 Militia," approved May 15th, 1861 j Also, a 
 "Joint resolution to suspend the apportion- 
 ment of the State School money for the 
 year 1861," approved May 11, 1861 ; Also, 
 an act entitled "An act to perpetuate friend- 
 ly relations with the Indian tribes," ap- 
 
 proved May llth, 1861 ; be and the same 
 are hereby repealed and declared of no 
 effect or validity whatever. 
 
 Second. That all commissions issued or 
 appointments made under the authority of 
 the above recited acts, or any of them, be 
 and the same are hereby annulled ; and all 
 soldiers and other persons serving or em- 
 ployed under any of said acts are hereby 
 disbanded and discharged from such service 
 or employment. 
 
 Third. And be it further ordained. That 
 for the purpose of providing for the organi- 
 zation of the militia of the State, the fol- 
 lowing act, to wit: an act entitled "An 
 act to govern and regulate the volunteer 
 militia of the State," approved December 
 31st, 1859, be and the same is hereby re- 
 vived and declared to be in full force and 
 effect. 
 Adopted July 30, 1861. 
 
 AN ORDINANCE FOR SUBMITTING THE AC- 
 TION OF THIS CONVENTION TO A VOTE 
 OF THE PEOPLE OF MISSOURI. 
 
 Be it ordained. That at the election pro- 
 vided to be held on the first Monday of No- 
 vember, eighteen hundred and sixty-one, for 
 the election of Governor, Lieutenant Gover- 
 nor, Secretary of State, and members of the 
 General Assembly, the several clerks of the 
 county courts, or, in case said clerks shall 
 Pail, then the clerks of the election, in 
 making the poll-books for the election, 
 shall provide two columns, one headed 
 v For the action of the Convention," and 
 ;he other " Against the action of the Con- 
 rention"; and if a majority of the legal 
 votes given upon the action of the Conven- 
 ion be for the same, then the officers elect- 
 sd shall hold their offices as provided by 
 he ordinance for their election ; but if a 
 majority of the votes cast as aforesaid be 
 against the action of the Convention, then 
 aid election shall be null and void, and the 
 >ersons so chosen shall not enter upon the 
 lischarge of the duties of their offices, the 
 )fficers chosen by this Convention shall go 
 >ut of office, and the ordinance of this Con- 
 ention providing for the abrogation of 
 ertain acts of the Legislature shall there- 
 
after be of no force or effect whatever. The 
 returns of the votes so cast on the action of 
 the Convention shall be made to the office 
 of Secretary of State in the same manner 
 as is provided by ordinance of this Conven- 
 tion in regard to the offices of Governor, 
 Lieutenant Governor, and Secretary of 
 State, and the votes shall be cast up by the 
 same officer ; and when the result thereof 
 shall be ascertained, the Governor appgint- 
 ed by this Convention shall, by public pro- 
 clamation, announce the same, which pro- 
 clamation shall be filed in the office of Sec- 
 retary of State. 
 
 Adopted July 30, 1861. 
 
 AN ORDINANCE PROVIDING FOR CHANGING 
 THE TIME OF HOLDING CERTAIN ELEC- 
 TIONS. 
 
 WHEREAS, this Convention did, during its 
 sessions at Jefferson City, on the 30th 
 day of July, A. D. 1861, adopt "An ordi- 
 nance providing for the election of certain 
 State officers," and also " An ordinance 
 providing for submitting its action to the 
 people of the State of Missouri, and 
 appointing a time therefor" ; 
 
 AND WHEREAS, it is manifest that, by reason 
 of the disturbed condition of the State, 
 it will be impossible, at the time so 
 appointed, to elicit a fair expression of 
 the popular will : Therefore, 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled, as follows, 
 to wit : 
 
 First. That so much of an ordinance en- 
 titled "An ordinance providing for certain 
 amendments to the Constitution, (adopted 
 on the 30th day of July, A. D. 1861,) as 
 provides for the election of a Governor, 
 Lieutenant Governor, Secretary of State, 
 and members of the General Assembly, on 
 the first Monday of November, A. D. 1861," 
 and so much of an ordinance entitled "An 
 ordinance for submitting the action of this 
 Convention to a vote of the people of Mis- 
 souri" (adopted on the same day) as pro- 
 vides for submitting the action of this 
 Convention to a vote of the people on the 
 first Monday of November, A. D. 1861, be 
 
 and the same are hereby so modified, that 
 said elections shall not be held on the day 
 therein named, but instead thereof shall be 
 held on the first Monday of August, A. D. 
 1862. 
 
 Second. Said elections, and all other 
 elections held previous thereto, shall in all 
 other respects be held, and the returns 
 thereof made, as provided in the ordinances 
 heretofore adopted by this Convention. 
 
 Third. The Governor, Lieutenant Gov- 
 ernor, and Secretary of State, heretofore 
 appointed by this Convention, shall dis- 
 charge the duties and exercise the powers 
 which pertain to their respective offices, 
 and continue in office until the first Monday 
 of August, A. D. 1862, and until their suc- 
 cessors are duly elected and qualified, or 
 until the qualified voters of the State shall 
 disapprove the action of this Convention. 
 
 Adopted October 12, 1861. 
 
 AN ORDINANCE PROVIDING FOR ABOLISH- 
 ING CERTAIN OFFICES, REDUCING SALA- 
 RIES, AND TESTING THE LOYALTY OF 
 CIVIL OFFICERS, AND OFFERING AMNESTY 
 TO CERTAIN PERSONS ON CERTAIN CONDI- 
 TIONS. 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled, as follows : 
 
 First. That the Board of Public Works 
 be and is hereby abolished, and the offices 
 and pay of the members of said Board shall 
 cease and determine from and after the 
 passage of this ordinance. 
 
 Second. That the office of State Superin- 
 tendent of Common Schools be and is 
 hereby abolished, and the pay of said officer 
 shall cease and determine from and after 
 the passage of this ordinance, and the duties 
 pertaining to said office shall be discharged 
 by the Secretary of State. 
 
 Third. The offices of County School Com- 
 missioner be and is hereby abolished in all 
 the counties of this State, St. Louis county 
 excepted, and the pay of said officers shall 
 cease and determine from and after the 
 passage of this ordinance j and the Clerks 
 of the respective County Courts shall dis- 
 charge all the duties of Common School 
 
Commissioner in their respective counties, 
 except visiting and lecturing in the schools, 
 and that the fees of said Clerks respectively, 
 for services herein contemplated, shall in 
 no case exceed the sum of fifty dollars per 
 annum. 
 
 Fourth. That the offices of State Geolo- 
 .gist and Assistant State Geologist be and 
 are hereby abolished, and the pay of said 
 officers shall cease and determine from and 
 after the passage of this ordinance. 
 
 Fifth. That the salaries of all civil officers 
 in this State, so far as the same are paid 
 out of the State Treasury, or made a burden 
 on the County Treasuries by State legisla- 
 tion, be and are hereby reduced twenty per 
 cent, during the year ending 30th Septem- 
 ber, 1862; and said per centage shall be 
 deducted from the amount of said salaries, 
 and withheld from said officers from and 
 after the passage of this ordinance, until 
 the said thirtieth day of September, A, D. 
 1862. 
 
 Sixth. That each civil officer in this State 
 shall, within sixty days after the passage 
 of this ordinance, take and subscribe an 
 oath to support the Constitution of the 
 United States and this State ; that he will 
 not take up arms against the Government 
 of the United States nor the Provisional 
 Government of this State, nor give aid or 
 comfort to the enemies of either during the 
 present civil war ; that said oath, duly 
 subscribed and sworn to, shall, within the 
 sixty days aforesaid, be filed by county 
 officers in the Clerk's office of their respec- 
 tive counties ; and all other officers shall, 
 within the time aforesaid, file said oath, 
 sworn to and subscribed as aforesaid, in the 
 office of the Secretary of State. And the 
 offices of all persons failing to file said oath, 
 as herein provided, are hereby declared 
 vacant ; and the Secretary of State and 
 respective County Clerks shall, immediately 
 after the expiration of the sixty days afore- 
 said, certify, under the seal of their re- 
 spective offices, any vacancy that may exist 
 under the operations of this ordinance, to 
 the proper authorities under existing laws, 
 and such authorities shall fill said offices by 
 appointment for the residue of the term. 
 And any civil officer who shall falsely take 
 
 said oath, or wilfully violate the same, shall 
 be deemed and adjudged guilty of perjury, 
 and punished accordingly. 
 
 Seventh. The respective County Court 
 Clerks in this State shall take and subscribe 
 the oath provided in this ordinance, and 
 file the same in the office of the Secretary 
 of State within the sixty days aforesaid j 
 and if any County Court Clerk shall fail to 
 file said oath, duly subscribed and sworn 
 to as aforesaid, his office is hereby declared 
 vacant, and such vacancy shall be filled by 
 the authorities under existing laws ; and 
 in such case, the other county officers of 
 such county shall comply with the require- 
 ments of this ordinance within twenty days 
 after said vacancy shall be filled under the 
 provisions of this ordinance. 
 
 Eighth. Any person whatsoever who may 
 take and subscribe the oath provided by 
 this ordinance, and file the same in the office 
 of the Secretary of State, or any County 
 Clerk's office in this State, within ten days 
 after receiving notice of the passage of this 
 ordinance, being within sixty days of the 
 passage thereof, shall be exempt from arrest 
 or punishment for offences previously com- 
 mitted by taking up arms against the 
 Provisional Government of this State, or 
 giving aid or comfort to its enemies in the 
 present civil war, subject to the penalties 
 of perjury as provided in this ordinance 
 and it shall be the duty of the Secretary of 
 State and respective County Clerks to make 
 out and deliver to persons filing such oath 
 a certificate of the fact under their respec- 
 tive seals of office, which certificate shall be 
 prima facie evidence in all courts, and to 
 all persons, that the person named therein 
 has complied with and claims the benefit of 
 this ordinance. And the Governor of this 
 State is hereby directed to furnish a copy 
 of this ordinance to the President of the 
 United States immediately, and request 
 him, in the name of the people of Missouri, 
 by proclamation, to exempt all persons 
 taking said oath under this ordinance from 
 all penalties they may have incurred by 
 taking up arms against the United States, 
 or giving aid or comfort to its enemies in 
 the present civil war. 
 
 Adopted October 16, 1861. 
 
 / 
 
AN ORDINANCE RESPECTING CERTAIN RK- 
 COROS AND OTHER PROPERTY OF TI1E 
 STATE. 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled : 
 That it shall be the duty of the Board of 
 Public Works, of the Commissioner of 
 Common Schools, and of the Geologist and 
 A>-istant Geologist of the State, to transfer 
 and deliver the records, papers, and other 
 property of their respective offices, to the 
 Secretary of State, who shall preserve an 
 inventory thereof in his office, and grant 
 proper receipts therefor. The County 
 School Commissioners shall in like manner 
 deliver the records, papers, and other pro- 
 perty of their respective offices, to the clerks 
 of their respective counties, who shall in 
 like manner issue to them receipts for the 
 same. 
 Adopted October 16, 1861. 
 
 AN ORDINANCE TO PROVIDE FOR THE OR- 
 GANIZATION AND GOVERNMENT OF THE 
 MISSOURI STATE MILIIIA. 
 
 Be it ordained by the People of the State of 
 
 Missouri in Convention assembled, as follows, 
 
 to wit : 
 
 First. All able-bodied free white male 
 inhabitants of this State, between the ages 
 of eighteen and forty-five years, shall be 
 liable to military duty under this ordinance, 
 and when enrolled shall constitute and be 
 known and designated as the "Missouri 
 State militia." 
 
 Second. When the Missouri State militia 
 shall be called into the actual service of the 
 State, the officers and men shall be subject 
 to the same rules and regulations, and 
 articles of war, that govern the armies of 
 the United States. 
 
 ORGANIZATION. 
 
 Third. The commander-in-chief shall 
 have power to call troops into actual service 
 by volunteer enlistments, according to such 
 regulations as he may prescribe. 
 
 Fourth. Troops shall be mustered into 
 service by the Inspector General or his 
 assistants, in such manner as may bo pre- 
 scribed by the commander-in-chief, and on 
 entering the service all officers and men 
 
 shall take the following oath, to be admin- 
 istered by the inspecting officer : 
 
 "You, each and every one of you, do 
 solemnly swear that you will honestly and 
 faithfully serve the State of Missouri 
 against all her enemies, and that you will 
 do your utmost to sustain the Constitution 
 and Laws of the United States, and of this 
 State, against all violence of whatsoever 
 kind or description ; and you do further 
 swear that you will well and truly execute 
 and obey the lawful orders of all officers 
 properly placed over you, whilst on duty, 
 so help you God." 
 
 Fifth. The State militia of Missouri shall 
 be organized by companies into battalions, 
 regiments, and brigades, in the manner 
 prescribed in the rules and regulations for 
 the government of the United States army, 
 and when in actual service of the State shall 
 receive the same pay and emoluments as 
 the United States army ; and any company, 
 battalion, or regiment, mustered into the 
 service of the State, may at their option, at 
 any time, be mustered into the service of 
 the United States. 
 
 Sixth. Companies of infantry shall not 
 contain less than sixty-four (64) men, 
 (including non-commissioned officers,) nor 
 more than one hundred. 
 
 Companies of cavalry shall contain not 
 less than fifty men (including non-commis- 
 sioned officers), nor more than eighty. 
 
 Companies of artillery shall not contain 
 less than fifty, nor more than one hundred 
 men. 
 
 Seventh. The commissioned officers of a 
 company of infantry, cavalry or artillery, 
 shall be one captain, one first and one second 
 lieutenant, who shall be elected by the mem- 
 bers of the company after being mustered 
 into service ; and any vacancy in such 
 offices shall be filled by election in like man- 
 ner. 
 
 Eighth. Captains of companies shall ap- 
 point the non-commissioned officers of their 
 own companies. 
 
 REGIMENTS. 
 
 Ninth. A regiment shall consist of not 
 less than eight, nor more than ten com- 
 panies ; the field officers of which shall con- 
 
8 
 
 gist of one colonel, one lieutenant-colone 
 and one major. 
 
 BRIGADES. 
 
 Tenth. A brigade shall consist of not less 
 than two nor more than five regiments, to 
 be commanded by a brigadier general. 
 
 STAFF. 
 
 Eleventh. The Governor shall nominate 
 and by and with the advice of the Senate 
 appoint, the following chiefs of staff depart- 
 ment : One adjutant general, one inspector 
 general, one quartermaster general, one 
 commissary general, one surgeon general, 
 one paymaster general all with the rank 
 of colonel of cavalry each of whom shall 
 perform the duties of his office in accord- 
 ance with the rules and regulations of the 
 United States army, or such other rules and 
 regulations as may be prescribed by the 
 commander-in-chief. 
 
 Twelfth. The quartermaster general and 
 the commissary general shall, on receivin 
 their appointments, execute and deliver to 
 the State their bonds, each in the sum of 
 twenty thousand dollars, ($20,000,) with 
 sureties, to be approved by the Governor, 
 for the faithful performance of their duties, 
 and the Governor shall require of all dis- 
 bursing officers a bond in such amounts and 
 with such securities as he may deem neces- 
 sary for the faithful discharge of their 
 duties. 
 
 Thirteenth. The commander-in-chief may 
 also appoint and commission such number 
 of aids-de-camp as may be necessary for 
 the requirements of the service, with the 
 rank of colonel. 
 
 Fourteenth. The commander-in-chief 
 shall also, without the concurrence of the 
 Senate, appoint and commission such other 
 staff officers as may be necessary for the 
 requirements of the service, and shall de- 
 signate their rank in their respective com- 
 missions ; and such officers shall perform 
 such duties as are prescribed by the rules 
 and regulations of the army of the United 
 States, or such as may be prescribed by the 
 commander-in-chief. 
 
 OFFICERS. 
 
 Fifteenth. The Governor shall nominate, 
 and by and with the advice and consent of 
 
 the Senate appoint, one major general, and 
 the necessary number of brigadier generals, 
 colonels, lieutenant-colonels, and majors of 
 the line. 
 
 Sixteenth. Whenever, during the recess 
 of the Senate, it shall be necessary to ap- 
 point to any military office of the line above 
 the rank of captain, the Governor may ap- 
 point to such office, subject to the confir- 
 mation of the Senate at their next session 
 thereafter. 
 
 Seventeenth. The major general com- 
 manding may nominate to the Governor for 
 commission one assistant adjutant general, 
 two aids-de-camp with the rank of lieuten- 
 ant colonel ; and the commander-in-chief 
 may detail for duty on the staff of the major 
 general commanding such other staff officers 
 as the necessities of the service may re- 
 quire. 
 
 Eighteenth. Brigadier generals, when in 
 actual command, may nominate to the Gov^ 
 ernor for commission, one acting assistant 
 adjutant general, one aid-de-camp with the 
 rank of major; and the commander-in-chief 
 may detail such other staff officers for duty 
 with the brigade as the necessities of the 
 service may require. 
 
 Nineteenth. Colonels of regiments, when 
 in actual command, shall nominate to the 
 Govern or for commission, one adjutant with 
 the rank of captain ; and the cornmander- 
 in-chief may detail such other staff officers 
 for regimental duty as the service requires. 
 The colonel of each regiment shall select 
 from his command well instructed and good 
 soldiers to fill the posts of sergeant major, 
 quartermaster sergeant, commissary ser- 
 eant and color sergeants, who will consti- 
 tute the non-commissioned staff of the regi- 
 ment, and be appointed by warrant given 
 under the hand of the colonel. 
 
 Twentieth. Persons holding civil offices 
 under this State, or civil military offices 
 under the United States, may hold offices 
 under this ordinance ; and no civil office 
 under this State shall be vacated by the 
 acceptance of a military office under the 
 Jnited States. 
 
 UNIFORM. 
 
 Twenty-Jirst. The commander-in-chief 
 
shall prescribe the uniform to be worn by 
 the Missouri militia. 
 
 Twenty-second. All officers, when on 
 duty, shall wear the uniform of their rank. 
 
 COURTS MARTIAL. 
 
 Twenty-third. Courts martial shall be 
 constituted, and shall proceed in all cases 
 in the same manner, as is provided by law 
 or regulation for the army of the United 
 States. 
 
 Twenty -fourth. All contractors for sup- 
 plies for the State militia shall be subject 
 to trial by court martial for any fraud prac- 
 tised in respect to such supplies, and shall, 
 on conviction thereof, be punished with 
 death or other punishment, at discretion 
 of the court. 
 
 Twenty-fifth. Any officer of the State 
 militia who shall be convicted by a court- 
 martial of wilfully defrauding the State in 
 any matter of which he has official charge, 
 or of conniving at any fraud practised upon 
 the State by others, shall suffer death or 
 such other punishment as the court may 
 inflict. 
 
 Twenty-sixth. The commander-in-chief 
 shall have power to prescribe such rules 
 and regulations for the government of the 
 Missouri State militia as he may deem ne- 
 cessary. 
 
 Twenty-seventh. He may vacate the com- 
 mission of any officer whom he may judge 
 unfit for the service, and he shall have 
 power to appoint military boards to report 
 upon the qualifications of any officer com- 
 missioned or to be commissioned. 
 
 Twenty-eighth. The articles of war shall 
 be published with this ordinance, with the 
 verbal changes necessary to conform them 
 to forces organized and serving under the 
 authority of the State. 
 
 Twenty-ninth. Headquarters of the Mis- 
 souri State militia shall be in St. Louis 
 until removed by the commander-in-chief. 
 
 Thirtieth. No period of residence is re- 
 quired to admit persons to service in the 
 Missouri State militia. 
 
 Thirty-first. All bodies of troops hereto- 
 fore organized and mustered into the ser- 
 vice of the State under the provisions of an 
 ordinance entitled "An ordinance con- 
 
 cerning the repeal and abrogation of cer- 
 tain laws, and for other purposes," here- 
 tofore adopted by this Convention, shall be 
 continued in the service as (if) organized 
 under this act. Provided, however, that 
 the Governor may remove any officer now 
 acting in the militia, in accordance with 
 the provisions of the twenty-seventh sec- 
 tion of this act; and may, at any time, 
 vacate the commissions of such officers as 
 are not authorized by this ordinance : And 
 provided also, that all commissions now 
 issued to third lieutenants of companies 
 under the said recited act, are hereby va- 
 cated ; and it shall be the duty of the com- 
 mander-in-chief to authorize some mem- 
 ber of the staff department, or some other 
 agent whom he may appoint for that pur- 
 pose, to proceed to such place in the State 
 as may be necessary, and examine into the 
 expenses incurred in the preliminary as- 
 sembling and organization of companies, 
 the procurement of arms, the furnishing of 
 supplies, and other necessary expenses in- 
 curred in and about the organization of 
 troops under the Governor's proclamation 
 of the 24th of August last, and said agent 
 or officer shall adjust such claims as mav 
 be prescribed to him, allowing such as may 
 be deemed just, and rejecting those found 
 to be unjust. He shall report his proceed- 
 ing to the Governor, who, if he approve the 
 same, shall so certify to the proper officer, 
 who shall cause the claims or accounts so 
 allowed to be paid ; but such preliminary 
 examination shall be unnecessary in any 
 case where the Governor shall have such 
 personal knowledge in regard to any such 
 claims as to justify him in certifying it to 
 the proper officer as hereinbefore provided. 
 
 Thirty-second. So much of the "Act to 
 govern and regulate the volunteer militia 
 of the State," approved, as aforesaid, by 
 this Convention, as conflicts with the pro- 
 visions of this ordinance is hereby repeal- 
 ed ; but all legal acts done, and proceed- 
 ings properly had for the organization and 
 support of the militia under and by virtue 
 of said act, shall be valid and binding as if 
 authorized by this ordinance. 
 
 Thirty-third. This ordinance may be al- 
 tered, modified or repealed by the General 
 
10 
 
 Assembly of this State, in the same manner 
 and with like effect as the ordinary legis- 
 lation of the State may be altered, amend- 
 ed or repealed. 
 Adopted October 17, 1861. 
 
 AN ORDINANCE TO PROVIDE FOR THE DE- 
 FENCE OF THE STATE. 
 
 Be it ordained by the People of the State of Mis- 
 souri, by their Delegates in Convention assem- 
 bed, as follows : 
 
 That in order to facilitate the prompt 
 and regular acknowledgment of such in- 
 debtedness as may accrue under the provi- 
 sions of the ordinance " to provide for the 
 organization and government of the Mis- 
 souri State Militia," in cases where no 
 money may be at the time available for 
 the payment thereof, the Auditor of Public 
 Accounts shall cause to be prepared war- 
 rants in the form hereafter prescribed, with 
 such devices as he may think proper such 
 warrants to be of the denominations of five, 
 ten, twenty, fifty, one hundred, and one 
 thousand dollars, making the amount in 
 dollars of each denomination equal, and 
 the whole amount to be outstanding at any 
 time not to exceed one million dollars, 
 which warrants shall be signed by the Au- 
 ditor, and countersigned by the Secretary 
 of State, and shall be registered in the of- 
 fice of the Auditor and Secretary of State, 
 and shall be at all times redeemable at the 
 treasury, out of any money in the treasury 
 not otherwise appropriated. 
 
 The following shall be the form of said 
 warrants before being filled up : 
 
 " The State of Missouri promises to pay 
 
 to , or to his assignee, dollars, 
 
 and this warrant shall be receivable in tax- 
 es due the State, and the bank stock own- 
 ed by the State is pledged for its redemp- 
 tion, if it shall not be otherwise redeemed 
 or paid in for taxes before the thirty-first 
 day of December, 1862. 
 
 , Auditor. 
 
 (Countersigned,) 
 
 Secretary of State." 
 
 The warrants shall be delivered to such 
 persons as the State may be indebted 
 whether for services, subsistence, forage 
 
 clothing, transportation, or other necessa- 
 ies furnished according to law to the troops 
 n the service of the State, and shall pass 
 >y special assignment alone ; and in order 
 hat such acknowledgments may be made, 
 he Auditor shall issue to any disbursing of- 
 icer of the State Militia, upon the order of 
 ;he Governor, such amounts as may be re- 
 quired for the public service, the warrants 
 so issued having the blank for the name of 
 ;he payee unfilled, and to be filled by the 
 disbursing officer with the name of the per- 
 son to whom the State is indebted, and to 
 whom the warrant shall be issued. The of- 
 icer receiving such warrants from the Au- 
 ditor shall give his duplicate receipts there- 
 for, one of which shall be filed in the office 
 of the Auditor, and the other in the office 
 of the Secretary of State; and each dis- 
 bursing officer shall be charged by the Au- 
 ditor with the amount of warrants so issu- 
 d to him, and shall settle with the Auditor 
 therefor, by producing legal and valid 
 vouchers for the amount paid out by him, 
 and return the residue to the Auditor ; such 
 settlement to be made at the end of each 
 quarter of a year from the first day of Jan- 
 uary, in the year eighteen hundred and 
 sixty-two. The disbursing officer so deliv- 
 ering a warrant to a creditor of the State, 
 shall endorse on the warrant so delivered 
 the statement that he issued it, thus : " This 
 warrant issued by me ;" and shall subscribe 
 thereto his name with his style of office, 
 and said warrant shall be taken up or re- 
 deemed by the proper disbursing officer with 
 money, whenever he may be furnished with 
 it for that purpose. 
 
 The Treasurer shall receive from each 
 collector of taxes, upon settlement, such 
 warrants as may have been paid in to him 
 for taxes, and shall give him credit there- 
 for as cash ; and any sheriff, or other col- 
 lector of taxes, who shall, directly or indi- 
 rectly, be concerned in the purchase of 
 such warrants at a discount upon their 
 nominal amount, shall be guilty of a mis- 
 demeanor ; and, upon conviction thereof, 
 shall be fined double the amount of the 
 warrant so purchased. 
 
 At the end of each fiscal year, the Secre- 
 tary of State, Auditor, and Treasurer, shall 
 
11 
 
 together compare the warrants that may 
 have been paid into the treasury for taxes 
 with the register, in the offices of the Sec- 
 retary and Auditor, and if it be found that 
 such warrants are genuine and correspond 
 with the register, and that there is no rea- 
 son to believe that fraud has been practised 
 upon the State in relation to such warrants, 
 they shall destroy those thus redeemed ; but 
 if they find that any fraud has been prac- 
 tised, they shall preserve the warrants 
 which may have been fradulently issued, 
 altered, counterfeited, or used, to be evi- 
 dence in any judicial proceeding. 
 
 Be it further ordained, That for the pur- 
 pose of arming and supporting the militia 
 of the State, and with a view to protect the 
 lives and property of its citizens, the Gov- 
 ernor of the State is hereby authorized and 
 empowered to issue bonds of the State to 
 the amount of one million of dollars, which 
 said bonds shall be dated on the day of 
 their issue, and made payable ten years af- 
 ter the date thereof, bearing interest at the 
 rate of seven per cent, per annum, and with 
 interest coupons attached ; the interest to 
 be paid semi-annually, at the Bank of Com- 
 merce, in the city of New York, or at such 
 other point as the Governor may deem ex- 
 pedient. 
 
 Said bonds shall be issued under the seal 
 of the State, in sums of not less than two 
 hundred nor more than five thousand dol- 
 lars ; shall be signed by the Governor, and 
 countersigned by the Secretary of State. 
 The interest coupons shall be signed by the 
 Governor, and attested by the Auditor of 
 Public Accounts, and shall be made paya- 
 ble on the first day of January and the first 
 day of July of each year. The bonds 
 aforesaid shall be made payable to the Au- 
 ditor of Public Accounts, and by him num- 
 bered and registered in his office. 
 
 The Auditor shall endorse said bonds, 
 and deliver the same to the Governor, who 
 is hereby authorized and empowered to ne- 
 gotiate the same upon such terms as he 
 may deem best for the interests of the peo- 
 ple of the State. He may hypothecate them, 
 or any amount of them, to individuals, or 
 to the Government of the United States, 
 for moneys advanced ; and if the same can 
 
 not be sold nor hypothecated upon terms 
 satisfactory to the Governor, he shall soli- 
 cit the endorsement of said bonds by the 
 proper authorities of the Federal Govern- 
 ment previous to their negotiation. 
 
 All bonds issued under the provisions of 
 this ordinance shall be denominated UNION 
 DEFENCE BONDS OF MISSOURI ; the faith and 
 credit of the State are hereby pledged to 
 the payment of the principal and interest 
 thereof, and, for the purpose of securing 
 the prompt payment of the interest thereon, 
 it is hereby ordained that the Treasurer of 
 the State shall annually set aside the sum 
 of seventy thousand dollars out of any mo- 
 ney coming into the treasury on account of 
 the revenues of the State. 
 
 In order to secure the ultimate redemp- 
 tion of the aforesaid bonds, it is hereby or- 
 dained and declared that the Clerks of the 
 County Courts of the several counties of 
 the State, or the clerks of the tribunals 
 then entrusted with similar duties under 
 the laws of the State at the time, when they 
 prepare a copy of the tax books for the years 
 1870 and 1871, for the use of the collectors 
 of their respective counties, levy, in addi- 
 tion to the tax which shall or may then be 
 levied by the laws of the State, fifteen cents 
 on the hundred dollars of taxable property, 
 for each of the years aforesaid, in their re- 
 spective counties, which said tax shall be 
 kept separate by the collectors and the Au- 
 ditor and Treasurer of the State, under the 
 title or head of "Union Defence Fund. 53 
 During the years 1870 and 1871, there shall 
 be levied and collected upon all licenses 
 granted a tax of twenty-five per cent, in 
 addition to the amounts prescribed to be 
 collected thereon by the legislation of the 
 State at that time, which said license tax 
 shall in like manner be paid into the treas- 
 ury to the credit of said fund. And upon 
 the maturity of the bonds hereinbefore pro- 
 vided for, the Governor and Treasurer of 
 the State shall cause the same to be re- 
 deemed out of the fund herein created. 
 
 The said tax shall be collected in the 
 same manner as may at the time be provi- 
 ded for the collection of the revenue of the 
 State ; and the several officers charged 
 with duties in respect to the collection of 
 
12 
 
 the general revenue shall have the same 
 powers and privileges in respect to said 
 special tax, and shall be liable to the same 
 penalties and forfeitures for failure to per- 
 form their respective duties. 
 Adopted October 18, 1861. 
 
 AN ORDINANCE TO AMEND "AN ORDINANCE 
 PROVIDING FOR ABOLISHING CERTAIN 
 OFFICES, REDUCING SALARIES, AND TEST- 
 ING THE LOYALTY OF CIVIL OFFICERS IN 
 THIS STATE." 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled : 
 SECTION 1. That the seventh section of an 
 ordinance entitled "An Ordinance provi- 
 ding for abolishing certain offices, reducing 
 salaries, and testing the loyalty of civil of- 
 ficers in this State,' 5 adopted by this Con- 
 vention at its session in St. Louis, in Octo- 
 ber, 1861, be and the same is hereby re- 
 pealed. 
 
 SEC. 2. That all appointments to fill va- 
 cancies created by the provisions of the 
 sixth section of said ordinance, are hereby 
 declared valid from the time said appoint- 
 ments were made, anything in said seventh 
 section to the contrary notwithstanding. 
 
 Passed in Convention the 7th day of 
 June, 1862. AIRMAN WELCH, 
 
 Vice President. 
 Attest: SAMUEL A. LOWE, 
 Secretary of Convention. 
 
 AN ORDINANCE REPEALING CERTAIN OR- 
 DINANCES SUBMITTING THE ACTION OF 
 THE CONVENTION TO A VOTE OF THE 
 PEOPLE OF MISSOURI, AND FOR OTHER 
 PURPOSES. 
 
 Be it ordained by the People of the State of 
 Missouriin Convention assembled as fol- 
 lows : 
 
 SECTION 1. That all ordinances and parts 
 of ordinances heretofore passed by this Con- 
 vention, submitting its action to a vote of 
 the people of the State, be and the same 
 are hereby repealed. 
 
 Passed in Convention the 7th day of 
 June, 1862. AIRMAN WELCH, 
 
 Vice President of Convention. 
 Attest : SAMUEL A. LOWE, 
 Secretary of the Convention. 
 
 AN ORDINANCE PROVIDING FOR LAYING 
 OFF THE STATE INTO CONGRESSIONAL 
 DISTRICTS. 
 
 Be it ordained by the People of the State of 
 
 Missouri in Convention assembled : 
 
 SECTION 1. The State of Missouri is here- 
 by divided into nine Congressional Dis- 
 tricts, the qualified voters of each District 
 to elect one member to the Congress of the 
 United States. 
 
 SEC. 2. The First District shall be com- 
 posed of the fourth, fifth, sixth, seventh, 
 eighth, ninth and tenth wards of the city of 
 St. Louis, as now established, all that part 
 of St. Louis township north of the Man- 
 chester road, and St. Ferdinand township 
 and Central township, of the county of St. 
 Louis, 
 
 The Second District shall be composed of 
 the first, second and third wards of the city 
 of St. Louis, as now established, all that 
 part of St. Louis township south of the 
 Manchester road, and Carondelet township, 
 Bonhomme township and Meramec town- 
 ship of the county of St. Louis; also, the 
 counties of Jefferson, Franklin, Gasconade, 
 Osage, Maries, Crawford, Phelps, and Pu- 
 laski. 
 
 The Third District shall be composed of 
 the counties of Dunklin, Pemiscot, New 
 Madrid, Mississippi, Stoddard, Butler, Rip- 
 ley, Scott, Wayne, Reynolds, Shannon, 
 Cape Girardeau, Bolinger, Madison, Iron, 
 Dent, Perry, Ste. Genevieve, St. Fran9ois, 
 Washington, Carter, and Oregon. 
 
 The Fourth District shall be composed of 
 the counties of Barton, Jasper, Newton, 
 McDonald, Barry, Lawrence, Dade, Cedar, 
 Polk, Green, Christian, Stone, Taney, Web- 
 ster, Dallas, Laclede, Wright, Douglass, 
 Ozark, Texas, and Howell. 
 
 The Fifth District shall be composed of 
 the counties of Cass, Bates, Vernon, John- 
 son, Henry, St. Glair, Hickory, Benton, 
 Pettis, Cooper, Moniteau, Cole, Morgan, 
 Miller, and Camden. 
 
 The Sixth District shall be composed of 
 the counties of Clinton, Clay, Platte, Jack- 
 son, Caldwell, Ray, Lafayette, Carroll, Sa- 
 line, and Chariton. 
 
 The Seventh District shall be composed 
 of the counties of Atchisoa, Holt, Noda- 
 
13 
 
 way, Andrew, Buchanan, DeKalb, Gentry, 
 Daviess, Harrison, Livingston, Grundy, 
 Mercer, Sullivan, Putnam, and Worth. 
 
 The Eighth District shall be composed of 
 the counties of Linn, Schuyler, Scotland, 
 Clark, Adair, Knox, Lewis, Marion, Shelby, 
 Mu'-nn, Randolph, and Howard. 
 
 The Ninth District shall be composed of 
 the counties of Monroe, Rails, Audrain, 
 Pike, Lincoln, Montgomery, Callaway, 
 Boone, Warren, and St. Charles. 
 
 Adopted June 7th, 1862, 
 
 AIKMAN WELCH, 
 
 Vice President. 
 
 SAMUEL A. LOWE, 
 
 Secretary of Convention. 
 
 AN ORDINANCE DEFINING THE QUALIFICA- 
 TIONS OF VOTERS AND CIVIL OFFICERS 
 IN THIS STATE. 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled as fol- 
 lows : 
 
 SECTION 1. No person shall vote at any 
 election to be hereafter held in this State, 
 under or in pursuance of the Constitution 
 and laws thereof, whether State, county, 
 township, or municipal, who shall not, in 
 addition to possessing the qualifications 
 already prescribed for electors, previously 
 take an oath in form as follows, namely : 
 
 " I, , do solemnly swear (or affirm, as 
 
 the case may be) that I will support, pro- 
 tect and defend the Constitution of the 
 United States, and the Constitution of the 
 State of Missouri, against all enemies and 
 opposers, whether domestic or foreign 5 that 
 I will bear true faith, loyalty and allegiance 
 to the United States, and will not, directly 
 or indirectly, give aid and comfort, or coun- 
 tenance, to the enemies or opposers there- 
 of, or of the Provisional Government of the 
 State of Missouri, any ordinance, law or 
 resolution of any State Convention or Leg- 
 islature, or of any order or organization, 
 secret or otherwise, to the contrary not- 
 withstanding ; and that I do this with a full 
 and honest determination, pledge and pur- 
 pose, faithfully to keep and perform the 
 same, without any mental reservation or 
 evasion whatever. And I do further sol- 
 emnly swear (or affirm) that I have not, 
 
 since the 17th day of December, A. D. 
 1861, wilfully taken up arms, or levied war, 
 against the United States, or against the 
 Provisional Government of the State of 
 Missouri : So help me God." 
 
 SEC. 2. Before any person shall be elect- 
 ed or appointed to any civil office within 
 this State, under the Constitution and the 
 laws thereof, whether State, county, town- 
 ship, municipal, or other civil office, he 
 shall take and subscribe an oath in form as 
 follows : " I, A. B., do, on oath, (or affir- 
 mation) declare that I have not, during the 
 present rebellion, wilfully taken up arms, 
 or levied war, against the United States, nor 
 against the Provisional Government of the 
 State of Missouri, nor have wilfully adhered 
 to the enemies of either, whether domestic 
 or foreign, by giving them aid and comfort, 
 but have always, in good faith, opposed the 
 same. And further, that I will support, 
 protect and defend the Constitution of the 
 United States and of the State of Missouri, 
 against all enemies and opposers, whether 
 domestic or foreign, any ordinance, law or 
 resolution, of any State Convention or Leg- 
 islature, or of any order or organization, 
 secret or otherwise, to the contrary notwith- 
 standing, and that I do this with an honest 
 purpose, pledge and determination faith- 
 fully to perform the same, without any men- 
 tal reservation or evasion whatever ;" which 
 oath shall be filed in the office of the Sec- 
 retary of State by all candidates for State 
 offices, and by candidates for all county 
 and other offices, in the office of the clerk 
 of the County Court, (or other officer charg- 
 ed with equivalent duties,) in the counties 
 wherein they respectively reside, at least 
 five days before the day of election ; and 
 no vote shall be cast up for, or certificate 
 of election granted to, any candidate who 
 fails to file such oath, as required by this 
 ordinance. 
 
 SEC. 3. Any person who shall falsely 
 take, or, having taken, shall thereupon wil- 
 fully violate any oath prescribed by this 
 ordinance, shall, upon conviction thereof, 
 by any court of competent jurisdiction, be 
 adjudged guilty of the crime of perjury, 
 and shall be punished therefor in accord- 
 ance with existing laws. And it shall be 
 
14 
 
 the duty of the Judges of all Courts having 
 criminal jurisdiction under the laws of this 
 State, specially to charge the Grand Juries 
 in the counties in which such courts shall 
 be held respectively, and of all Grand Ju- 
 ries in the performance of their duties un- 
 der the laws of this State, specially to in- 
 quire concerning the commission of any act 
 of perjury mentioned or made punishable 
 by this or any other ordinance adopted by 
 this Convention. 
 
 SEC. 4. The courts of this State shall re- 
 quire all jurymen and attorneys to take 
 
 and subscribe the following oath : (e I, , 
 
 do solemnly swear, (or affirm, as the case 
 may be,) that I will support, protect and de- 
 fend the Constitution of the United States, 
 and the Constitution of the State of Mis- 
 souri, against all enemies and opposers, 
 whether domestic or foreign; that I will 
 bear true faith, loyalty, and allegiance to 
 the United States, and will not, directly or 
 indirectly, adhere to the enemies or oppo- 
 sers thereof, or of the Provisional Govern- 
 ment of the State of Missouri, by giving 
 them aid and comfort, any ordinance, law, 
 or resolution of any State Convention or 
 Legislature, or of any order or organiza- 
 tion, secret or otherwise, to the contrary 
 notwithstanding ; and that I do this with a 
 full and honest determination, pledge and 
 purpose to keep and perform the same, with- 
 out any mental reservation or evasion what- 
 ever : So help me God. 55 The same oath 
 shall also be taken and subscribed by the 
 President, Professors and Curators of the 
 University of the State of Missouri, by all 
 Bank officers, Common School teachers who 
 are paid in whole or in part out of funds 
 provided by law, and Common School Trus- 
 tees, by all officers of all incorporated com- 
 panies of this State, and by all licensed or 
 ordained preachers of the Gospel before 
 performing the ceremony of marriage in 
 this State, and filed in any County Clerk's 
 office in this State ; and every licensed or 
 ordained preacher of the Gospel who shall 
 perform the ceremony of marriage in this 
 State before taking said oath, and every 
 other person aforesaid assuming to dis- 
 charge the duties pertaining to his avoca- 
 tion under the laws of this State, without 
 
 complying with the provisions of this sec- 
 tion, shall be liable to prosecution in any 
 court of competent jurisdiction in this State, 
 by indictment, and upon conviction shall 
 be punished for each offence by a fine not 
 less than ten nor more than two hundred 
 dollars. This section shall take effect ninety 
 days from the passage of this ordinance. 
 
 SEC. 5. That judges and clerks of all 
 elections held under the laws of this State, 
 shall, in addition to taking the oath requir- 
 ed by existing laws, take the further oath 
 that they will not record, nor permit to be 
 recorded, the name of any voter who has 
 not first taken the oath required to be ta- 
 ken by the first section of this ordinance. 
 
 SEC. 6, The General Assembly of this 
 State may at any time repeal this ordi- 
 nance or any part thereof. 
 
 Adopted June 10th, A. D. 1862. 
 
 AIRMAN WELCH, 
 Vice President of Convention. 
 
 SAMUEL A. LOWE, 
 
 Secretary of Convention. 
 
 AN ORDINANCE FOR THE APPOINTMENT OF 
 ARTILLERY OFFICERSFOR THE G BEATER 
 EFFICIENCY OF THE IMPORTANT ARM OF 
 THE MILITARY SERVICE, THE ARTILLERY. 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled as fol- 
 lows : 
 
 SECTION 1. That the Governor is hereby 
 authorized to appoint and commission all 
 officers of artillery companies in the Mis- 
 souri State Militia. 
 
 SEC. 2. This ordinance may be repealed 
 at any time by the General Assembly of 
 this State. 
 
 Passed in Convention this 10th day of 
 June, 1862. AIRMAN WELCH, 
 
 Vice President. 
 Attest : SAMUEL A. LOWE, 
 Secretary of the Convention. 
 
 AN ORDINANCE CONTINUING THE PRESENT 
 PROVISIONAL GOVERNMENT IN OFFICE. 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled : 
 SECTION 1. That the Governor, Lieuten- 
 ant Governor, and Secretary of State, here- 
 tofore appointed by this Convention, shall 
 
15 
 
 continue in office until the first Monday in 
 August, A, D. 1SG4; and until their suc- 
 cessors are duly elected and qualified, and 
 shall discharge the duties and exercise the 
 privileges which pertain to their respective 
 offices. 
 
 Passed in Convention, June llth, A.D. 
 1862. AIRMAN WELCH, 
 
 Vice President of Convention. 
 
 SAMUEL A. LOWE, 
 
 Secretary of Convention. 
 
 AN ORDINANCE TO ENABLE CITIZENS OF 
 
 THIS MATE, IN THE MILITARY SERVICE 
 OF THE UNITED STATES OR THE STATE OF 
 MISSOURI, TO VOTE. 
 Be it ordained by the People of the State of 
 
 Missouri in Convention assembled asfol- 
 
 lows, to-wit : 
 
 SECTION 1. That the commanding officer 
 of any company of Missouri Volunteers, or 
 Militia, in the service of the United States 
 or of the State of Missouri, any of the mem- 
 bers of which are qualified voters under the 
 laws of this State, shall, on the day of the 
 next general election, and at every subse- 
 quent election held under the laws of this 
 State during the present war, cause an 
 election to be held by the members of such 
 company for officers to be elected at such 
 election. 
 
 SEC. 2. The commanders of such com- 
 panies shall cause a sufficient number of 
 poll books to be made out for each company, 
 properly laid off into blanks, with the neces- 
 sary heading and certificates attached, and 
 cause them to be delivered to the judges 
 of election on or before the day of such 
 election. 
 
 SEC. 3. Three good, discreet and disin- 
 terested persons, members of such company, 
 being qualified voters under the laws of 
 this State, shall be appointed judges of 
 such elections by such commanding officers, 
 who shall administer the following oath to 
 such judges before they enter on their du- 
 ties : " 1 do solemnly swear (or affirm) that 
 I will impartially discharge the duties of 
 judge of the present election, according to 
 law and the best of my abilities. So help 
 me God." 
 
 SEC. 4. Said judges shall appoint two 
 clerks, who, before entering on the duties 
 
 of their appointment, shall take an oath or 
 affirmation, to be administered by one of 
 the persons so appointed as judges of the 
 election, that they will faithfully record the 
 names of all the voters, and distinctly carry 
 out, in lines and columns, the name of the 
 person for whom each voter votes. 
 
 SEC. 5. At the close of each election the 
 judges shall certify, under their hands, the 
 number of votes given for each candidate, 
 which shall be attested by their clerks, and 
 transmit the same, together with one of the 
 poll books, by one of their clerks, or by 
 mail, to the Clerk of the County Court in 
 which the voters are entitled to vote, with- 
 out delay. 
 
 SEC. 6. Poll books shall be opened for 
 each county from which there are members 
 in such company entitled to vote, and at 
 such election only such persons shall be 
 allowed to vote as could vote under existing 
 laws if in their proper precincts, which vote 
 shall be taken and sent to the proper 
 county, as provided in this ordinance. 
 
 SEC. 7. When more than one company 
 votes at the same post or station, or belong- 
 ing to the same battalion, regiment, or 
 division of the army, the judges of said 
 elections may cause one messenger to carry 
 the poll books to the different counties. 
 
 SEC. 8. Any one of the judges of election, 
 under this ordinance, is authorized to ad- 
 minister oaths to test the qualifications of 
 voters, and to prevent frauds. 
 
 SEC. 9. Each Clerk of the County Court 
 shall, in not less than fifteen nor more than 
 twenty days after the election, take to his 
 assistance two Justices of the Peace of his 
 county, or two Justices of the County 
 Court, and examine and cast up the votes 
 given for each candidate, including the 
 votes received by virtue of this ordinance, 
 and give to those having the highest num- 
 ber of votes a certificate of election. 
 
 SEC. 10. The votes given at such com- 
 pany elections shall be given viva voce, or 
 by tickets handed to the judges, and shall 
 in both cases be cried in an audible voice 
 by one of the judges of the election, or by 
 some person appointed by such judges for 
 that purpose, and noted by the clerks in 
 the presence and hearing of the voters. 
 
16 
 
 SEC. 11. Judges and clerks of said com- 
 pany elections failing or neglecting to 
 discharge any duty required by this ordi- 
 nance, or the laws now in force, shall be 
 subject to the penalties prescribed by law, 
 and may be prosecuted in the county to 
 which such returns are required to be 
 made. 
 
 SEC. 12. Every person, not being a qual- 
 ified voter according to the Constitution 
 and laws of the State, who shall vote at 
 any election under this ordinance, or any 
 person who shall, at the same election, vote 
 more than once, either at the same or differ- 
 ent places of voting, shall, upon conviction, 
 be adjudged guilty of a misdemeanor, and 
 be punished by fine not exceeding fifty 
 dollars, nor less than twenty dollars, or by 
 imprisonment in the county jail not ex- 
 ceeding three months, and shall be liable 
 to indictment and conviction in any county 
 to which such poll books, or any of them, 
 shall be returned. 
 
 SEC. 13. All persons voting under this 
 ordinance shall be required to take the 
 oath prescribed by the ordinance of this 
 Convention, testing the loyalty of the 
 voter. 
 
 SEC. 14. The election returns of votes 
 cast at the different precincts in the coun- 
 ties shall be made to County Clerks, in all 
 respects according to the statute laws now 
 in force, except as provided in this ordi- 
 nance ; and all acts required to be done 
 under existing laws within a given time 
 after examining and casting up the books, 
 shall be done within the time required by 
 existing laws, after the time fixed for ex- 
 amining and casting up the poll books under 
 the 9th section of this ordinance. 
 
 SEC. 15. Any officer, or other person, in 
 the service or employment of the United 
 States or the State of Missouri, being a 
 qualified voter under the Constitution and 
 laws of this State, may vote at any election 
 held under the provisions of this ordinance, 
 subject to the restrictions and limitations 
 provided by this ordinance. 
 
 SEC. 16. This ordinance shall be in force 
 from and after its passage, and is subject 
 to repeal at any time by the General 
 Assembly of this State. 
 
 Done in Convention, June 12th, A. D. 
 1862. AIRMAN WELCH, 
 
 Vice President of Convention. 
 Attest : SAMUEL A. LOWE, 
 
 Secretary of Convention. 
 
 AN ORDINANCE IN RELATION TO ASSESSORS 
 AND COLLECTORS, AND PROVIDING FOR 
 THE PAYMENT OP CERTAIN ACCOUNTS. 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled : 
 SECTION 1. That in all counties in this 
 State where the Assessors thereof shall, 
 from any cause, have failed to assess the 
 taxable property therein for the years 1861 
 and 1862, or either of them, as required by 
 law, the assessors hereafter appointed shall, 
 in separate books to be prepared as other 
 tax books, proceed to assess all property 
 made taxable by law, and which was owned 
 by the person to be taxed on the first day 
 of February, 1861, and on the first day of 
 February, 1862, and return the same to 
 their respective County Courts in the same 
 manner and at the same time, as now re- 
 quired by law for the tax books for the year 
 1863, and the Assessors shall be required 
 to make remarks on their returns in all 
 cases which seem to demand relief. 
 
 SEC. 2. That the Collectors of the differ- 
 ent counties shall, upon receiving such tax 
 book, proceed to collect the same in the 
 same time and manner as required by law 
 for the taxes of the year 1862, and they 
 shall possess the same powers to enforce 
 such collection, and the [same] rights in 
 making out and returning delinquent land 
 lists for the taxes of said year 1861, as they 
 have by law for the taxes of the year 1862, 
 except as hereinafter provided, and the Re- 
 gister of lands shall receive such delinquent 
 land list if returned to his office at the time 
 required for the delinquent land list of 
 1862; and the Auditor of Public Accounts 
 shall allow to said Collectors the amount 
 of such lists, and settle the same as if they 
 had been filed in proper time. The Col- 
 lectors shall execute separate receipts for 
 the taxes due for the years 1861 and 1862. 
 SEC. 3. The Collectors shall return their 
 personal delinquent lists for 1861 to the 
 
17 
 
 County Court at the same time that they 
 return such list for the year 1862, and the 
 County Court shall immediately certify the 
 same to the Auditor of Public Accounts, 
 who shall allow the same to the Collectors 
 in the same manner as if they had been 
 returned in the time required by law. 
 
 SEC. 4. That in any case where a person 
 was, on the first day of February, in the year 
 
 1861, or the first day of February, in the year 
 
 1862, the owner of personal property subject 
 to taxation, and upon which taxes were as- 
 sessed for said years, or either of them, or 
 which, by the provisions of this ordinance, 
 is liable hereafter to be assessed, and who 
 shall have removed such personal property 
 from the county in which such property 
 was taxable, the Assessor of such county 
 shall, where the same has not already been 
 done, and from the best information he 
 may be able to obtain, assess such personal 
 property, and the State shall have the same 
 lien upon the real estate of such person for 
 the taxes on such personal property as it 
 now has by law for the taxes due upon such 
 real estate itself, and such real estate shall 
 be liable to sale for the taxes on such re- 
 moved personal property in the same 
 manner as for the taxes due on the real 
 estate itself; and when any real estate shall 
 be sold under the provisions of this ordi- 
 nance, such lands shall only be redeemed 
 upon full payment of all the taxes for which 
 the same may have been sold : Provided, 
 that this section shall only apply to the 
 taxes for the years 1861 and 1862. 
 
 SEC. 5. That the acts of certain Col- 
 lectors in this State, who have received the 
 tax books for the year 1861 at times not 
 authorized by law, and who have proceeded 
 to the collection of taxes due thereon, are 
 hereby declared to be as valid, to all in- 
 tents and purposes, as if the same had been 
 done within the time and in the manner 
 prescribed by law, and the said Collectors 
 are hereby authorized to proceed to the 
 collection of said taxes as if they had 
 received and receipted for the tax books at 
 the time and manner required by law : 
 Provided, however, that no Collector shall 
 avail himself of the benefits of this section 
 unless he shall pay into the State Treasury 
 
 the whole amount of the revenue for said 
 year, except for such as may be returned 
 delinquent on or before the thirty-first day 
 of December, 1862. Said Collectors shall 
 be authorized to return the delinquent land 
 list for said year on or before the thirty- 
 first day of December, 1862, and the 
 Auditor of Public Accounts and Register of 
 Lands shall receive and allow the same as 
 if returned in proper time. The said Col- 
 lectors are hereby authorized to proceed to 
 the collection of said taxes for said year 
 1861, or they may pay the amount collected 
 to their successors in office, as now required 
 by law, at the option of such Collector, in 
 which latter event the new Collector shall 
 proceed thereon as provided by law. 
 
 SEC. 6. All Collectors are hereby author- 
 ized and required to receive in payment of 
 taxes due the State, the Defence Warrants 
 issued under authority of an ordinance of 
 this Convention, passed at its October ses- 
 sion for the year 1861, entitled " An ordi- 
 nance to provide for the defence of the 
 State," first, for all taxes for the years 
 1861, 1862 and 1863, and for all balances 
 due by Collectors on the taxes of 1860; and 
 second, for all taxes due on delinquent 
 land lists from the year 1844, inclusive, to 
 the present time. 
 
 SEC. 7. There shall be paid out of the 
 Defence Warrants authorized by the ordi- 
 nance of October 18th, 1861, all claims for 
 printing and publishing the ordinances of 
 the Convention in the various newspapers 
 which published said ordinances, and for 
 lithographing, printing and binding all 
 books necessary for the warrants and re- 
 quired by said ordinance, together with all 
 books necessary for their registration in 
 the offices of the Auditor and Secretary of 
 State; and also there shall be allowed and 
 paid to the Secretary of State and Au- 
 ditor of Public Accounts the sum of one 
 cent for each warrant for signing and num- 
 bering the same, as additional compensa- 
 tion for the extra labor imposed on said 
 officers in getting up and preparing said 
 warrants for distribution ; provided, that 
 the extra compensation hereby allowed the 
 said Auditor and Secretary of State shall 
 not exceed the sum of five hundred dollars 
 
18 
 
 to each ; all of said accounts to be examined 
 and approved by the Governor and paid by 
 any officer of the State having charge of the 
 disbursement and payment of said war- 
 rants. 
 
 SEC. 8. The Register of Lands is hereby 
 required to receive and file in his office all 
 the delinquent land lists for the year 1861, 
 returned by the several Collectors of this 
 State after the time required by law ; and 
 also, receive and file in his office the delin- 
 quent land lists of 1860, for the county of 
 St. Louis, and certify the same to the Audi- 
 tor of Public Accounts, as required bylaw, 
 and the Auditor of Public Accounts is re- 
 quired to credit the same to said Collectors 
 the same as if they had been returned in 
 accordance with the revenue laws now in 
 force. 
 
 SEC. 9. Nothing in this ordinance con- 
 tained shall be construed to authorize the 
 several Collectors in this State to withhold 
 the payment of any money by them already 
 collected, but they are required to pay over 
 the same in the time and manner now pre- 
 scribed by law. 
 
 SEC. 10. The several Collectors in this 
 State are hereby authorized and required 
 to receive in payment of all taxes due to 
 the State or to any county in the State, the 
 Treasury Notes issued by authority of the 
 United States, whenever the same shall be 
 tendered in payment of such taxes. 
 
 SEC. 11. The several Collectors in this 
 State who have received and receipted for 
 the tax books of. 1861 within the time and 
 within [in] the manner required by law, but 
 who have not completed their collections of 
 the same, shall have the same powers and be 
 entitled to the same benefits and in other 
 respects subject to the provisions ordained 
 in section five of this ordinance. 
 
 SEC. 12. Where any Collector may have 
 received and receipted for the tax books 
 for the taxes due for 1861, and shall 
 have collected a portion thereof prior to 
 the time of his failure to take the oath 
 heretofore prescribed by this Convention 
 and his consequent removal from office, 
 such Collectors shall make settlement with 
 the County Court, who shall allow to such 
 Collector on such settlement the amount of 
 
 the taxes remaining uncollected. The 
 amount of taxes collected shall be paid over 
 to his successor in office, taking duplicate 
 receipts therefor, one of which shall be 
 transmitted to the Auditor of Public Ac- 
 counts, and the Auditor shall charge such 
 successor with the amount received by him 
 from the former Collector. County Courts 
 are hereby authorized to make such settle- 
 ment in the same manner as if made at the 
 time at which such settlement is required 
 to be made by existing laws. 
 
 SEC. 13. The present Collectors, or the 
 Collectors to be hereafter elected or ap- 
 pointed, shall proceed to the collection of 
 taxes thus remaining uncollected in the 
 manner required by law, and he shall have 
 the same power to enforce such collections 
 as he may have for the taxes of 1863 now 
 provided by law and the terms of this ordi- 
 nance. 
 
 SEC. 14. The Governor is hereby author- 
 ized, if in his judgment the additional la- 
 bor required by this ordinance to be per- 
 formed by the Register of Lands make it 
 necessary, to appoint an additional Clerk 
 for that office, to continue in office during 
 his pleasure, and to be paid for the time so 
 employed at the rate of six hundred dollars 
 per annum. 
 
 SEC. 15. This ordinance shall be in force 
 from and after its passage, and may be re- 
 pealed at any time by the General Assembly 
 of the State. 
 
 Passed in Convention June 13th, A. D. 
 1862. AIRMAN WELCH, 
 
 Vice President of Convention. 
 
 SAM'L A. LOWE, 
 Secretary of Convention. 
 
 AN ORDINANCE APPROPRIATING MONEY. 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled as fol- 
 lows s to wit : 
 
 That the sum of twelve thousand dollars 
 be and is hereby appropriated out of any 
 money in the treasury not otherwise ap- 
 propriated for the pay and mileage of mem- 
 bers and officers. of this Convention, and to 
 defray the contingent expenses thereof. 
 
19 
 
 Passed in Convention, June 13th, A. D 
 1862. AIKMAN WELCH, 
 
 Vice President of Convention. 
 SAM'L A. LOWE, 
 
 Secretary of Convention. 
 
 AN ORDINANCE APPROPRIATING MONEY 
 FOR THE CARE OF THE SICK AND WOUND- 
 ED SOLDIERS OF MISSOURI. 
 
 Be it ordained by the People of Missouri in 
 Convention assembled as follows : 
 
 1. That the sum of fifty thousand dollars, 
 in Defence Warrants, be and the same 
 hereby appropriated to provide for the care 
 of the sick and wounded soldiers of Mis 
 souri, to be expended under the direction 
 of the Governor of the State. 
 
 Passed in Convention, June 13, 1862. 
 
 AIKMAN WELCH, 
 Vice President of Convention. 
 SAM'L A. LOWE, 
 
 Secretary of Convention. 
 
 AN ORDINANCE RELATING TO COUNTY AS- 
 SESSORS AND OTHER OFFICERS. 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled as fol- 
 lows, to wit : 
 
 SECTION 1. All persons holding office in 
 this State, to fill which an election would 
 have been held, under previously existing 
 laws, on the first Monday in August, 1862, 
 except County Assessors, shall Continue to 
 hold their offices, and perform the duties, 
 exercise the powers, and be subject to all 
 the responsibilities thereof, until their suc- 
 cessors are elected or appointed and quali- 
 fied : Provided, that the office of County 
 Assessor in each county wherein an election 
 for such office would have been held under 
 previously existing laws, on the first Mon- 
 day in August next, shall be filled by ap- 
 pointment by the County Court, within 
 such time, and in such manner, after that ' 
 day, as now prescribed by law in, case of 
 failure to elect County Assessors ; and in 
 case the County Court shall fail within 
 twenty days to make such appointment, the 
 same shall be made by the Governor. And 
 the Assessors appointed as aforesaid shall 
 
 continue in office until the general election 
 in the year eighteen hundred and sixty- 
 four, and until their successors shall be 
 elected and qualified. 
 
 Passed in Convention the 13th of June, 
 1862. AIKMAN WELCH, 
 
 Vice President. 
 Attest : SAM'L A. LOWE, 
 
 Secretary of Convention. 
 
 AN ORDINANCE IN RELATION TO VOTING 
 IN CERTAIN COUNTIES, 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled as fol- 
 lows, to wit : 
 
 SECTION 1. In any county where there is 
 a County Court, or where such Court fails 
 to appoint judges of election, and in coun- 
 ties where there is no County Clerk, or 
 such Clerk fails to cause poll books to be 
 delivered to the judges of election before 
 the day of the election, any person may 
 prepare the poll books for any or all of the 
 townships in such county, and a majority 
 of the qualified voters present at the time 
 and place of opening the polls, which shall 
 be at the same place, as near as may be, as 
 the elections were authorized to be for 
 members of this Convention, shall choose 
 judges of the election ; and in case no offi- 
 cer is present authorized to administer the 
 oath of office to such judges, one of the per- 
 sons so chosen may administer the oath 
 required by law to such judges, one of 
 whom, after being so sworn, shall adminis- 
 ter the oath to the judge by whom he was 
 sworn. 
 
 SEC. 2. Such judges of election shall ap- 
 point two clerks, and shall have all the 
 powers and perform all the duties of judges 
 of election under existing laws, and shall 
 return the poll books to the county seat 
 in the time and manner required by' the 
 next section. 
 
 SEC. 3. On the first Saturday after the 
 election, one of the judges of election from 
 each township in such county shall repair 
 to the county seat, and organize a Board 
 composed of such judges, and said Board, 
 when so organized, shall proceed to cast up 
 the votes given in such election, certify 
 
20 
 
 the same, and grant certificates of election, 
 and in all respects shall have the same 
 powers and perform the same duties that 
 the County Clerk, aird two Justices of the 
 County Court or Justices of the Peace are 
 required to perform, or that the County 
 Clerk is required to perform, under exist- 
 ing laws governing elections. 
 
 SEC. 4. Such election shall be as valid to 
 all intents and purposes as though it had 
 been done by the ordinary officers under 
 existing laws. 
 
 SEC. 5. Such judges of election shall re- 
 tain the poll books of such election until 
 there is a County Clerk qualified to act in 
 such county. Such poll books shall be filed 
 in the County Clerk's office, and the Clerk's 
 receipt taken for the same. 
 
 SEC. 6. The Secretary of State shall 
 cause the Ordinances passed at this session 
 of the Convention, in relation to voters and 
 elections, to be published in pamphlet form 
 and distributed without delay to the County 
 Clerks of the different counties, and in 
 counties where there is no Clerk, to mem- 
 bers of this Convention, or other citizens, 
 in such numbers as he may deem suffi- 
 cient. 
 
 SEC. 7. If in any county no election shall 
 be held for Sheriff, Coroner, County Court 
 Justices, and other township and county 
 officers, the vacancies so caused with the 
 exception of members of the General As- 
 sembly shall be filled by the proper au- 
 thorities, under existing laws; but in all 
 oases of failure by the proper authorities 
 to appoint persons to fill such vacancies 
 within twenty days after the vacancy oc- 
 curs, then the Governor shall appoint offi- 
 cers to fill such vacancies as have not been 
 filled by the proper authorities ; and all 
 officers appointed to fill vacancies as afore- 
 said, shall hold their said offices for the 
 same time as if they had been elected under 
 existing laws. 
 
 SEC. 8. In counties where there are no 
 County Clerks, any candidate may file the 
 oath required by ordinance witfy the Board 
 of judges herein provided for, and said 
 Board shall cast up and certify the vote 
 given for each candidate that complies with 
 this section the same as if said oath had 
 
 been filed in the time and manner re- 
 quired by the ordinance heretofore passed ; 
 and said affidavits shall be filed together 
 with the poll books in the County Clerk's 
 office. 
 
 SEC, 9. Judges and clerks of election, 
 under this ordinance, shall perform all the 
 duties and be subject to all the penalties 
 prescribed by existing laws. 
 
 SEC. 10. This ordinance shall be in force 
 from after its passage, and may be repealed 
 at any time by the General Assembly of 
 this State. 
 
 Passed in Convention the 13th day of 
 June, 1862. AIRMAN WELCH, 
 
 Vice President of Convention. 
 Attest : SAMUEL A. LOWE, 
 
 Secretary of the Convention. 
 
 AN ORDINANCE FOR PAYMENT OF DIVISION 
 INSPECTORS, AND FOR OTHER PURPOSES. 
 
 Be it ordained by the People of Missouri 
 
 in Convention assembled as follows, to- 
 
 wit: 
 
 SECTION 1. That the unpaid Division In- 
 spectors of the Missouri State Militia, as 
 appointed by the Provisional Governor, un- 
 der the act of 1859, which act was revised 
 by the Convention, shall be paid by the As- 
 sistant Paymaster of the Missouri State 
 Militia, at the rate of three dollars per day, 
 together with their personal expenses dur- 
 ing the time they were actually employed 
 in raising and mustering troops into the ser- 
 vice of the State : Provided, that such In- 
 spectors were not, at the time of such ser- 
 vice, receiving pay otherwise as an officer 
 of the Militia. 
 
 SEC. 2. That the Governor may appoint 
 as many Commissioners as he may deem 
 necessary, whose duty it shall be to audit 
 and report for payment to the Governor of 
 the State, such claims for Commissary and 
 Quartermaster stores furnished to the State 
 Militia, after the 31st day of July, 1861, and 
 before disbanding from the "six months' 
 service," and such other claims growing out 
 of the military service of the State as shall 
 be proven to be honest and just. The Quar- 
 termaster General, or any Assistant Pay- 
 master of the Missouri State Militia, shall 
 
21 
 
 pay all such claims as may be audited and 
 reported by said Commissioners for pay- 
 ment, and approved by the Governor. And 
 the Commissioners so appointed shall also 
 inquire into and report upon all claims for 
 military service purporting to have been 
 rendered before the claimants were regu- 
 larly organized into the service of the State, 
 whether for want of an Inspector or other- 
 wise ; and such sums as may be found due 
 to such claimants, according to the very right 
 of the case, shall be so certified to the Gov- 
 ernor, and, if approved by him, shall be 
 paid by the Paymaster or the Assistant 
 Paymaster of the Missouri State Militia. 
 
 SEC. 3. That when soldiers have died in 
 the " six months' service" Missouri State 
 Militia having pay or claims due them for 
 such service, the administrator or legal 
 representative of said deceased soldier shall 
 be entitled to collect and receive the amount 
 due such soldier from the officer charged 
 with the payment of such claim ; and in 
 cases where the estate is so small as not to 
 authorize an administration under existing 
 laws, then the officer will pay the amount 
 due such soldier to the widow and heirs of 
 such soldier according to the law of distri- 
 bution. 
 
 SEC. 4. This ordinance shall be in force 
 from and after its passage, and may be re- 
 pealed at any time by the General Assem- 
 bly of this State. 
 
 Passed in Convention, June 13th, A. D. 
 1862. AIRMAN WELCH, 
 
 Vice President of the Convention. 
 Attest: SAM'L A. LOWE, 
 Secretary of Convention. 
 
 AN ORDINANCE AMENDING THE THIRD AR- 
 TICLE OF THE STATE CONSTITUTION. 
 
 Be it ordained by the People of the State 
 of Missouri in Convention assembled as 
 follows : 
 
 SECTION 1. The eighth section of the 
 third article of the Constitution is hereby 
 abolished and the following adopted in lieu 
 thereof : 
 
 After the first day of July, one thousand 
 eight hundred and sixty-two, all general 
 elections shall commence [take place] on 
 the Tuesday next after the first Monday in 
 November, and shall be held biennially; and 
 
 the electors in all cases, except of [for] trea- 
 son, felony or breach of the peace, shall be 
 privileged from arrest during their continu- 
 ance at elections, and in going to and re- 
 turning from the same. 
 
 Passed in Convention, June 13th, A. D. 
 1862. AIRMAN WELCH, 
 
 Vice President of Convention. 
 
 SAM'L A. LOWE, 
 
 Secretary of Convention. 
 
 AN ORDINANCE REQUIRING THE STATE 
 SENATORS TO BE DIVIDED INTO CLASSES 
 BY LOT, 
 
 Be it ordained by the People of the State of 
 Missouri in Convention assembled as fol- 
 lows : 
 
 SECTION 1. That at the next session of 
 the General Assembly, the Senators shall be 
 divided by lot into classes, as provided in 
 the seventh section of the third article of 
 the Constitution, and every election to fill 
 a vacancy in the Senate shall be for the 
 residue of the term only. 
 
 Passed in Convention, June 13th, A. D. 
 1862. AIRMAN WELCH, 
 
 Vice President of Convention. 
 SAMUEL A. LOWE, 
 
 Secretary of Convention. 
 
 AN ORDINANCE IN RELATION TO THE DU- 
 TIES OF THE REGISTER OF LANDS AND 
 COUNTY ASSESSORS. 
 
 Be it ordained by the People of the State of 
 
 Missouri in Convention assembled asfol- 
 
 lowS) to-wit : 
 
 SECTION 1. When application is made at 
 the Register's office to pay taxes on lands 
 returned delinquent, before the same is cer- 
 tified out for sale, the Register shall add to 
 the State tax ten cents on each tract to be 
 paid into the State treasury. 
 
 SEC. 2. The Register of lands is author- 
 ized by this ordinance to appoint an addi- 
 tional clerk, who shall receive a salary at 
 the rate .of eight hundred dollars per an- 
 num for the time necessarily employed. 
 
 Passed in Convention the 14th day of 
 June, 1862. AIRMAN WELCH, 
 
 Vice President. 
 Attest : SAMUEL A. LOWE, 
 
 Secretary of Convention. 
 
22 
 
 RESOLUTIONS IN ANSWER TO JOINT RESOLUTION OF CON- 
 GRESS RESPECTING THE GRADUAL ABOLISHMENT 
 OF SLAVERY. 
 
 WHEREAS, the Congress of the United 
 States, upon the special recommendation of 
 the President, has, at its present session, 
 adopted a joint resolution in the following 
 words, to-wit : 
 
 "Resolved, That the United States ought 
 to co-operate with any State which may 
 adopt a gradual abolishment of slavery, 
 giving to such State aid, to be used in its 
 discretion, to compensate for the inconve- 
 nience, public and private, produced by 
 such change of system.' 1 * 
 
 Be it, therefore, 
 
 Resolved, 1st. That, in the opinion of 
 this Convention, the proposition contained 
 in the said joint resolution adopted by 
 
 Congress and approved , A. D. 1862, 
 
 is entitled, as well from its eminent source 
 as from its intrinsic importance, to delib- 
 erate and respectful consideration. 
 
 Resolved, 2d. That while a majority of 
 this Convention have not felt authorized 
 
 to take action with respect to the grave and 
 delicate questions of private right and pub- 
 lic policy presented by said resolution, yet 
 this body desires to recognize the liberality 
 therein displayed by the Government of 
 the United States and to express its pro- 
 found appreciation thereof. 
 
 Resolved, 3d. That the Governor be and 
 he is hereby requested to transmit properly 
 authenticated copies of the foregoing reso- 
 lutions to the President of the United States 
 and to the presiding officers of the Senate 
 and the House of Representatives. 
 
 The above resolutions were adopted by 
 the Missouri State Convention, on the 14th 
 day of June, 1862. 
 
 AIRMAN WELCH, 
 Vice President of Convention. 
 Attest : 
 
 SAM'L A. LOWE, 
 
 Secretary of Convention. 
 
 OFFICE OF SECRETARY OF STATE, ) 
 City of Jefferson, Missouri. > 
 
 I hereby certify that the foregoing pages contain correct copies of the Ordinances 
 and Resolutions adopted by the late Missouri State Convention, at Jefferson City, 
 which convened on the first Monday of June, A. D. 1862, as appears from the 
 original rolls now on file in this office. 
 
 In witness whereof, I have hereunto set my hand and affixed the seal of office. 
 Done at office, in the City of Jefferson, this 30th day of June, 1862. 
 
 M. OLIVER, 
 SEA1L ^ Secretary of State. 
 
23 
 
 KESOLUTIONS. 
 
 PRINTING AND PUBLISHING. 
 
 Resolved, That fifteen thousand copies of 
 the Ordinances adopted by this Convention 
 be printed in pamphlet form, and that when 
 printed they be delivered to the Secretary 
 of State for distribution as follows : Ten 
 copies to each member of this Convention, 
 and the remainder to the Clerks of the 
 County Courts, or other equivalent officer, 
 of the several counties in this State, in the 
 same proportion as the Session Acts are 
 now required to be distributed to said 
 counties, and it shall be the duty of such 
 Clerks to distribute the copies so received 
 by them among the voters of their respec- 
 tive counties. 
 
 2d. That the Secretary of this Conven- 
 tion be and he is hereby directed to append 
 to the Journals to be printed therewith, all 
 Ordinances and all Resolutions of a general 
 nature adopted by this Convention. 
 
 3d. That the Committee appointed at the 
 Session of this Convention in October, 1861, 
 to contract for printing the Proceedings 
 thereof, be and the same are hereby revived, 
 and authorized to contract for the printing 
 authorized by the foregoing resolutions, 
 and also for the printing of five thousand 
 copies of the Proceedings and Debates of 
 this Convention at its present Session; 
 provided, that the rate to be paid therefor 
 shall not exceed the rates heretofore paid 
 for printing the Proceedings of this body : 
 and said Committee shall procure all the 
 printing authorized by these resolutions to 
 be properly done and distributed under 
 such contracts, and shall audit the account 
 therefor, which account, when audited and 
 approved by a majority of such Committee, 
 shall be paid for as other allowances of this 
 Convention. That said Committee be in- 
 structed to contract with George Knapp & 
 Co. for the printing herein provided for. 
 
 4clh. That the copies of the Proceedings 
 and Debates of the present Session above 
 authorized to be printed shall be forwarded 
 by the persons employed to print the same, 
 in the same manner as provided by resolu- 
 tion of this body, adopted on the 22d day of 
 March, 1861, in respect to the Proceedings 
 and Debates of the first Session, except that 
 for the members of the late General As- 
 sembly therein mentioned, the members of 
 the next General Assembly shall be substi- 
 tuted. 
 
 COMPENSATION FOR DAMAGES. 
 
 1. Resolved, That our Senators and Rep~ 
 resentatives in Congress be requested to 
 secure the passage of a law by Congress 
 providing for the adjudication by Commis- 
 sioners and the payment by the United 
 States of all claims of citizens of the State 
 of Missouri that may be found to be just, 
 arising out of the improper destruction and 
 seizure and removal of property by certain 
 officers and soldiers of the army of the 
 United States, and by persons engaged in 
 waging war against the United States con- 
 trary to the laws of war. 
 
 2. Resolved, That the Secretary of this 
 Convention forward 'a copy of these Reso- 
 lutions to each of our Senators and Repre- 
 sentatives in Congress. 
 
 A true copy of the Resolutions adopted 
 by the Missouri State Convention, at its 
 Session held in Jefferson City, Mo., on the 
 14th day of June, 1862, as the same appear 
 on the record of proceedings. 
 
 Attest : SAM'L A. LOWE, 
 
 Secretary of Convention. 
 
24 
 
 INVITATION TO VISIT PENITENTIARY. 
 
 JEFFERSON CITY, Mo., 
 
 June, 7, 1862. 
 Hon. R. WILSON, President 
 
 Missouri Convention. 
 SIR : The undersigned Warden and In- 
 spectors of the Missouri Penitentiary would 
 be pleased to receive a visit from yourself 
 and all the other members and officers of 
 the Convention to the Missouri Penitentia- 
 ry. We are desirous that your honorable 
 body would make a formal inspection of 
 the prison and its management by its pres- 
 ent officers, as it is and has been our con- 
 
 stant effort to administer its affairs to the 
 best interest of the State, and to the well- 
 being and proper care of the unfortunate 
 men confined within its walls. It is well 
 worthy of your personal examination and 
 fostering care as the representatives of the 
 people of Missouri. 
 
 Very respectfully, 
 
 Your obedient servants, 
 
 P. T. MILLER, Warden Mo. Pent'y. 
 
 WM. S. MOSELEY, 
 
 G. C. BINGHAM, 
 
 AIRMAN WELCH, 
 
 Inspectors of 
 Mo. Pent'y. 
 
 SUBSTITUTE OFFERED BY MR. STEWART FOR THE MAJORITY 
 
 Report on Governor's Message, and withdrawn June 14, 1862. 
 
 WHEREAS, The rebellion inaugurated 
 professedly in behalf of the institution of 
 slavery has greatly diminished the number 
 and value of slaves in Missouri, and has 
 produced a condition of things tending in- 
 evitably to the virtual extinction of the 
 institution in our State not many years 
 hence, by putting an end to the immigra- 
 tion of slaveholders with their slaves 
 within the State, and by rapidly hastening 
 their removal, previously commenced, to a 
 more southern and congenial clime ; and 
 
 Whereas, many other interests of our 
 State have by the same general cause been 
 brought into a languishing condition, and 
 the revenue of the State so diminished as 
 to utterly derange its finances, threatening 
 to engulf us in hopeless bankruptcy ; and 
 
 Whereas, as a measure of relief we must 
 depend, in a great degree, upon immigra- 
 tion, and the introduction of capital, and 
 the various industrial enterprises, that shall 
 develope the vast natural resources of our 
 State ; and 
 
 Whereas, our only hope for future im- 
 migration is in the non-slaveholding classes 
 of this and foreign countries, whose preju- 
 dices against the institution of slavery will 
 
 tend in a great measure to cause them to 
 shun this State while they have doubts of 
 its ultimate extinction ; and 
 
 Whereas, further, the President of the 
 United States has recommended, and Con- 
 gress, by resolution, has endorsed the 
 policy of aid by the General Government 
 to such States as shall adopt a system of 
 gradual emancipation ; and 
 
 Whereas, This Convention, regarding 
 the ultimate and general prosperity of our 
 State as more important than any special 
 interest, and believing that the only ques- 
 tion which Providence has left for our peo- 
 ple to decide in regard to slavery, is the 
 manner of, and terms upon which, its ex- 
 tinction in Missouri shall be accomplished; 
 would solemnly commend to the serious 
 and dispassionate consideration of the 
 people the subject of gradual emancipa- 
 tion, in order that a plan may be adopted 
 that will accomplish the change already 
 inevitable, with the least possible inconve- 
 nience and pecuniary injury to those most 
 immediately interested, and that will se- 
 cure the aid proposed by the General Gov- 
 ernment. R. M. STEWART. 
 
 June 14, 1862. 
 
25 
 
 REPORT OF COMMITTEE ON FINANCE ON THE MEMORIAL OF 
 
 A. W. MORRISON. 
 
 The Committee on Finance, to whom was 
 referred the memorial of A. "W. Morrison, 
 late Treasurer of this State, report that 
 they have considered the same, and as the 
 law provides that the accounts of that offi- 
 cer must be examined by a Committee of 
 the Legislature, one member thereof from 
 the Senate, and two from the House of 
 Representatives ; they, therefore, deem it 
 inexpedient for this Convention to go into 
 the examination asked for, and recommend 
 that the prayer of the memorial be not 
 granted, and that the committee be dis- 
 charged from the further .consideration of 
 
 the same. 
 
 W. DOUGLASS, 
 
 Chairman. 
 
 CITY OF JEFFERSON, 
 
 June 9, 1862. 
 To the Honorable 
 
 the State Convention of Missouri. 
 
 GENTLEMEN : 
 
 By request of the undersigned, late 
 State Treasurer, the Hon. W. P. Hall, then 
 Acting Governor of the State, appointed 
 Messrs. M. Oliver, P. T. Miller, and E. B. 
 Cordell, a committee to investigate and 
 report to him the condition of his accounts 
 as Treasurer, which report was made to 
 Governor Hall by said committee on the 
 7th of February, 1862, and a copy thereof 
 is hereto attached. 
 
 The undersigned respectfully requests 
 that the Hon. Convention will receive said 
 report, and take such action thereon as may 
 relieve him and his securities from any 
 future responsibility as State Treasurer. 
 
 Respectfully submitted, 
 
 A. W. MORRISON. 
 
 CITY OF JEFFERSON, Feb. 7, 1862. 
 
 To His Excellency, W. P. HALL, 
 
 Acting Governor of Missouri. 
 SIR: 
 
 The undersigned, a committee appointed 
 by you to investigate the accounts of A. W. 
 Morrison, Esq., late Treasurer of the State 
 of Missouri, and report to the Governor the 
 result of their investigations, respectfully 
 report : 
 
 That we find from the books in the Audi- 
 tor's Office, the Treasurer is chargeable, as 
 follows : 
 
 Balance due by him as per 
 report of the last Investi- 
 gating Committee on the 
 1st October, 1860 $219,062 33 
 
 Less wolf-scalp certificates 
 burnt by said Committee 
 as per resolution of the 
 General Assembly 2,961 26 
 
 $216,101 07 
 
 Amount received from 1st 
 October, 1860, to December 
 15th, 1861 $1,706,118 68 
 
 Total amount with which 
 
 Treasurer is chargeable.... $1,922,219 75 
 
 The Treasurer is entitled to the follow- 
 ing credits : 
 
 Warrants redeemed ffom Oct. 
 1st, 1860, to December 15, 
 1861 $1,859,074 27 
 
 Wolf-scalp certificates count- 
 ed in Treasury 1,585 50 
 
 Railroad tax receipts counted 
 
 in Treasury 129 99 
 
 Certificates of Deposit in 'the 
 Bank of Missouri, consist- 
 ing of cash and coupons 
 paid by said Bank 50,432 41 
 
 Cash counted in the Treasury 99758 
 
 Total amount of credits to 
 which the Treasurer is en- 
 titled $1,922,219 75 
 
 Respectfully submitted, 
 E. B. CORDELL, ) 
 P. T. MILLER, V Committee. 
 M. OLIVER. ' S 
 
26 
 
 REPORT OF THE AUDITOR OF PUBLIC ACCOUNTS. 
 
 AUDITOR'S OFFICE, MISSOURI, ) 
 Jefferson City, June, 1862. j 
 
 To the President of the 
 
 Missouri State Convention. 
 
 I have deemed it important to the fiscal 
 affairs of our State, as one of her public 
 servants, having charge of her monetary 
 affairs, to submit to your Honorable body, 
 some considerations and facts, which, if 
 adopted, may result in great advantage to 
 the State, lead to an entire absorption of 
 the defence warrants issued by virtue of 
 the ordinance of 18th October, 1861 ; save 
 the sale of the bank stock pledged for 
 their redemption, and afford great relief to 
 our suffering tax-payers, by extending their 
 reception for the taxes due the State in 
 1863. 
 
 Under the ordinance above referred to 
 there has been issued on the requisitions 
 of the Governor, and delivered to the 
 various Assistant Paymasters of the Mis- 
 souri State Militia, and the Quartermaster 
 General of Missouri, the sum of seven 
 hundred and twenty thousand dollars, up 
 to the present date ; of this amount, the 
 largest sum has been paid out to the six 
 months' militia, and tie balance disbursed 
 by the Quartermaster General in payment 
 for forage, provisions and supplies, ord- 
 nance stores, etc., under the ordinance of 
 October 18th, 1861. These warrants have 
 gone into general circulation ; and in coun- 
 ties where the revenue has been collected, 
 have soon been returned to the State 
 Treasury ; the holders of these warrants, 
 in those counties who were tax-payers have 
 suffered no loss, as they readily answered 
 the wants of the community. In many 
 instances, however, owing to the stringency 
 of the money market, the unsettled condi- 
 , tion of affairs, the gloomy future before 
 ufe, many of our soldiery and needy citizens 
 have had to suffer considerable depreciation 
 in their value, in exchanging them for par 
 funds. This depreciation was caused from 
 
 the want of a home demand in non-tax- 
 paying counties, by the Shylocks and bro- 
 kers, who saw opened up to them a fine 
 field of speculation in the disordered 
 condition of the financial affairs of our 
 State. I believe, however, if the Conven- 
 tion would amend the ordinance of October 
 18th, 1861, and make them receivable for 
 the taxes of 1863 and for all balances due 
 by late collectors for the taxes of 1860 the 
 value of the warrants would be appreciated 
 to par ; the whole amount issued would be 
 retired and paid into ttie Treasury ; the 
 State relieved from the debt created ; the 
 civil Government carried on without resort 
 to borrowing; the people of the State 
 greatly enabled to pay the revenue of 1863 ; 
 and the bank stock saved from sale at its 
 present depreciated price. 
 
 1st. Make them receivable from late col- 
 lectors, who are in default for all balances 
 due the State, for the taxes of 1860. 
 
 2d. Make them receivable for the taxes of 
 the year 1863. 
 
 This extension of time would give three 
 years for their redemption, leaving other 
 means sufficient (exclusive of defence war- 
 rants) to defray the ordinary expenses of 
 the State Government, which will reach 
 three hundred thousand dollars per annum, 
 exclusive of the deduction of the twenty 
 per cent, per annum for the year 1862 for 
 the pay of civil officers. 
 
 The ordinance of the Convention of Octo- 
 ber 18th, 1861, provided for the redemption 
 of these warrants by the 31st of December, 
 1862; and if not then redeemed, pledged 
 the bank stock owned by the State for their 
 payment. It was contemplated that, if the 
 revenues of 1861 and 1862 would equal the 
 revenues of 1859 and 1860, (about $880,000 
 each year,) the whole amount would be 
 received into the Treasury for the taxes of 
 1861 and 1862, by the 31st of December, 
 1862; but the revenue of 1861 has fallen 
 far below the revenue of 1860, as there has 
 only been forty-one out of one hundred 
 
27 
 
 and fourteen counties (the whole number 
 in the State) who have receipted for the tax 
 books of that year, 1861. See Tables A and 
 B. Should the collections of 1862 not 
 exceed those of 1861, which is very proba- 
 ble, owing to the great depreciation in the 
 value of real and personal property, and 
 the loss of slaves in the State, it will require 
 nearly the whole of the revenues of these 
 two years, 1861 and 1862, to take up the 
 defence warrants issued, leaving but little 
 money in the Treasury for the support of 
 the civil Government, and leaving no funds 
 for apportionment to the school and asylum 
 funds, under the laws of the State. Under 
 the ordinance, defence warrants, when 
 once paid into the Treasury, cannot be 
 issued out again, but must be cancelled and 
 destroyed; the ordinance virtually suspend- 
 ing the apportionment and distribution of 
 said funds (school and asylum) for the 
 years 1861 and 1862. I doubt somewhat 
 the policy of the Convention exercising the 
 powers of general legislation, as the legis- 
 lative body under the Constitution will 
 soon be elected by the people, when all 
 necessary laws can be enacted ; but in the 
 absence of the General Assembly, when the 
 interest of the State demands immediate 
 action, I think it proper and right for the 
 Convention to adopt such measures as will 
 carry into successful operation and effect 
 its ordinances heretofore enacted. I would 
 respectfully suggest that, in carrying out 
 the several ordinances passed by the Con- 
 vention, considerable expenses were in- 
 curred for the promulgation and publication 
 of the ordinances in the public newspapers 
 throughout the State, and no provision was 
 made by your body for their payment. The 
 only special appropriations made by the 
 law of the land to cover such contingencies, 
 under which the Governor and Secretary of 
 State had authority to order and direct 
 their payment, to wit, the " Contingent 
 Expenses of the Governor and Secretary,' 5 
 and the " General Contingent Fund," had 
 been exhausted, and no warrant can be 
 drawn by the Auditor upon a fund ex- 
 hausted. Another considerable item of 
 expense was incurred for the purchase of 
 books for the defence warrants, having 
 
 them lithographed, etc., and books for reg- 
 istration for the use of the Auditor and 
 Secretary of State's office. I would, there- 
 fore, recommend the passage of an ordi- 
 nance authorizing the payment of all claims 
 incurred for printing and publishing the 
 ordinances of the Convention in the various 
 newspapers in the State ; for all expenses 
 incurred in the procurement of books for 
 the Secretary of State and Auditor's office 
 for the registration of said warrants, and 
 for getting up and preparing blank warrant 
 books, including lithographing, printing, 
 binding, &c., and for any additional clerk 
 hire- by the officers having charge of the 
 preparation and getting up of said war- 
 rants ; said accounts to be presented and 
 approved by the Governor, and paid in 
 defence warrants, by any Paymaster or 
 disbursing officer in the State of Missouri. 
 The amount due the publishers of news- 
 papers for printing and publishing the 
 ordinances of the Convention, amounts to 
 from eight hundred to one thousand dollars. 
 They are a needy and meritorious class, and 
 performed the work faithfully and expe- 
 ditiously without murmur or complaint, and 
 should be paid speedily. Payment should 
 be provided for all expenses incurred in 
 the preparation of the getting up and de- 
 livery of those warrants, as no special 
 appropriations made by law can be used for 
 that purpose. The bills for lithographing, 
 printing, and binding of warrants, amount- 
 ing to the sum of eighteen hundred dollars, 
 have been paid in defence warrants, (upon 
 the approval of the accounts by the Gov- 
 ernor,) by the Paymasters of the Missouri 
 State Militia, up to this date ; but there 
 will be additional accounts for printing and 
 binding yet to be paid. The additional 
 labor imposed upon the Auditor arid Sec- 
 retary of State has been great, requiring 
 their personal and constant attention 
 whilst registrations were being ordered 
 for warrants, sometimes requiring all the 
 clerical force of both offices, to the ex- 
 clusion of the daily current business ; 
 but they have endeavored to faithfully 
 discharge the additional labor with alac- 
 rity, and hope to the entire satisfaction 
 of the public. 
 
28 
 
 Another subject of legislation is well 
 worthy the consideration of the Convention, 
 as it affects much the revenues of the State. 
 I allude to the delinquent land list of the 
 year 1861, and the delinquent land list of 
 St. Louis county for the year 1860. The 
 revenue law requires the collectors to return 
 their delinquent land list to the Register's 
 office by the 31st day of December ; if not 
 then returned it cannot be received. Owing 
 to our troubles, and other circumstances 
 beyond control, no delinquent land lists for 
 1861 have been received and filed within the 
 time required by law; consequently, none 
 of the lands can be redeemed at the State 
 Treasury, nor the taxes paid in the counties 
 where situated, The lands are completely 
 tied up ; parties cannot pay or redeem them, 
 and the State is left loser to hundreds and 
 thousands of dollars. If these land lists 
 were made receivable by an ordinance of 
 the Convention, as is always done by special 
 legislation, I am satisfied that at least one 
 hundred thousand dollars would be paid 
 into the Treasury on those lands within a 
 short period, which will not be done under 
 the present circumstances ; collectors will 
 be relieved from liability, and the State 
 greatly benefited. 
 
 One other highly important and patriotic 
 subject appeals to your consideration, and 
 is well worthy of early action ; one which 
 calls aloud to every true hearted Missourian ; 
 that is, the care and protection of our sick, 
 wounded, and suffering soldiery, who have 
 suffered upon the bloody fields of Pea Ridge 
 and Shiloh, in defence of our common 
 country. Other States have made generous 
 provisions for their sick and wounded ; 
 Governors and State officials have visited 
 the battle-fields with all the means neces- 
 sary for their comfort and support; why 
 should not Missouri, who has so many of 
 her sons battling for the Union on the fields 
 
 of Tennessee and Arkansas, lend a helping 
 ' hand to them in the hour of need ? When 
 the conflict of arms is over, should they be 
 forgotten and left to perish away from 
 home and kindred? Then let our State 
 come to the rescue, and lend a helping hand 
 to those who have perilled all for our coun- 
 | try, homes, and firesides. The amount of 
 defence warrants authorized by the Con- 
 vention is one million of dollars ; the amount 
 issued and delivered is seven hundred and 
 twenty thousand dollars, leaving* two hun- 
 dred and eighty thousand dollars. As 
 nearly all the expenses of the six months' 
 militia have been paid, place one hundred 
 thousand dollars of these warrants at the 
 disposal of the Governor, to be expended 
 in providing for the sick and wounded, 
 bringing them home, and ministering to 
 their wants whilst stricken down by disease 
 or suffering from wounds received, and 
 burying those who have fallen in the bloody 
 conflicts. No true patriotic Missourian 
 would murmur at such an appropriation. 
 Men who have perilled their lives for our 
 homes, for the preservation and perpetua- 
 tion of the Union as our fathers made it, 
 are deserving and entitled to our aid and 
 sympathy. 
 
 The suggestions I have presented will, in 
 my opinion, if adopted, prove highly ben- 
 eficial to our State and her suffering people. 
 All measures which tend to the fostering 
 and protection of her revenues, are highly 
 important and necessary. "The revenue 
 of the State is the State; in effect we are 
 dependent upon it, whether for support or 
 for reformation." 
 
 Very respectfully, 
 
 Your obed't serv't, 
 
 WM. S. MOSELEY, 
 
 Auditor. 
 
 [See Table A; also Table B.] 
 
29 
 
 [ Table A.] 
 
 COUNTIES. 
 
 Amount of Tax 
 list receipted Amount paid 
 for 1861. 1861. 
 
 1 
 
 Adair , 
 
 2 Andrew 
 
 3 Atchison 
 
 4 Boone 
 
 5 Caldwell 
 
 6 Colo 
 
 7 Crawford 
 
 8 Daviess 
 
 9 Gentry 
 
 10 Grund'y 
 
 11 Harrison 
 
 12 Henry 
 
 13 Holt 
 
 14 Howard 
 
 15 Jefferson., 
 
 16 Laclede 
 
 17 Lafayette 
 
 18 Lewis 
 
 19 Lincoln 
 
 20 Linn 
 
 21 Maries 
 
 22 Moniteau 
 
 23 Mercer 
 
 24 Monroe 
 
 25 Montgomery.. 
 
 26 Osage "... 
 
 27 Perry 
 
 28 Pettis 
 
 29 Pike 
 
 30 Putnam 
 
 31 Rails 
 
 32 Randolph 
 
 33 Ray 
 
 34 St. Charles.... 
 
 35 St. Fran9ois... 
 
 36 Ste.Genevieve 
 
 37 St. Louis 
 
 38 Shelby 
 
 39 Sullivan 
 
 40 Warren 
 
 41 Worth... 
 
 ,$ 4,682 85 
 
 10,378 06 
 
 4,360 29 
 
 22,422 77 
 
 4,379 65 
 
 7,720 62 
 
 3,115 45 
 
 6,421 43 
 
 3,979 16 
 
 3,725 47 
 
 6,071 41 
 
 9,911 44 
 
 5,335 29 
 
 21,730 69 
 
 6,180 85 
 
 3,470 21 
 
 28,752 05 
 
 10,051 10 
 
 10,260 18 
 
 4,886 81 
 
 1,837 20 
 
 6,866 47 
 
 3,549 61 
 
 12,403 61 
 
 9,535 25 
 
 4,106 61 
 
 5,408 10 
 
 6,435 40 
 
 17,761 24 
 
 4,112 33 
 
 8,062 87 
 
 9,569 00 
 
 15,438 30 
 
 14,662 83 
 
 6^016 98 
 
 5,607 45 
 
 275,549 04 
 
 7,095 01 
 
 4,835 50 
 
 5,590 99 
 
 1,881 17 
 
 $ 4,682 85 
 12,'904''26 
 
 2,745 17 
 
 6,409 89 
 
 4,818 33 
 
 1,256 60 
 
 2,625 28 
 
 3,362 88 
 1,123 34 
 
 8,995 36 
 
 4,147 77 
 195,393 98 
 
 4,921 25 
 
 Total amount... $604,220 74 $253,386 96 
 Dram shop licenses, paid by B. 
 
 McSorley, collector of St. 
 
 Louis $ 9,137 40 
 
 Insurance agency licenses, paid 
 
 by S. W. feager, Jr., collec- 
 tor of St. Louis 2,744 00 
 
 Dram shop licenses, paid by C. 
 
 J. Carpenter, collector of St. 
 
 Louis 14,157 15 
 
 Total paid into Treasury by 41 
 
 Counties $279,425 51 
 
 including dram shop licenses 
 of St. Louis county. 
 
 [ Table B.] 
 
 The gross amount of revenue of 
 1861, chargeable against the 
 various Collectors, up to this 
 date, (June 1st, 1862,) as per 
 receipts filed, in the forty-one 
 counties referred to in Table 
 A, is $604,220 74 
 
 Amount paid into the Treasury, 
 up to above date, as per re- 
 ceipts of Treasurer, including 
 Defence Warrants, is $253,386 90 
 
 Leaving a balance unpaid on the 
 taxes of 1861, (less commis- 
 sions, mileage, etc.,) of $350,833 78 
 
 [It is impossible, at this time, 
 to give the net revenue of 1861, 
 as the several Collectors have 
 not filed their delinquent land 
 lists of that year, and their ac- 
 counts cannot be finally balanc- 
 ed and closed up until their pro- 
 per credits are allowed. In fact, 
 many of the Collectors did not 
 receiveand receipt for thebooks 
 of 1861, until after that year 
 had expired ; some of them did 
 not receipt for the books till 
 the month of May, 1862. The 
 delinquent land and personal 
 lists of 1861 will greatly ex- 
 ceed the lists of 1859 and I860.] 
 Amount of cash and Defence 
 
 Warrants received into the 
 
 Treasury, on the taxes and li- 
 censes of said year, is $253,386 96 
 
 On dram shop licenses of St. 
 
 Louis, 1861, (McSorley) 9,137 40 
 
 On dram shop licenses of St. 
 
 Louis, 1861, (Carpenter) 14,157 15 
 
 Foreign insurance licenses of 
 
 St. Louis, (S. W. Eager) 2,744 00 
 
 Total am't received in 1861, in 
 
 cash and Defence Warrants. $279,425 51 
 
 Number of Defence Warrants 
 issued up to 1st June 1862, is $720,000 00 
 
 Am'nt paid into the 
 Treas'y up to said 
 date, is $94,265 00 
 
 Returned and can- 
 celled by Major 
 Sawyer, Paymas- 
 ter Missouri State 
 Militia 2,175 00 
 
 Returned and can- 
 celled by Col. C.C. 
 Marsh, Paymaster 
 Missouri State Mi- 
 litia 335 00 96,775 00 
 
 Total am't of outstanding De- 
 fence warrants to Jun. 1/62, $623,225 00 
 
30 
 
 CENSUS OF MISSOURI. 
 
 TABLE SHOWING THE POPULATION OF MISSOURI BY COUNTIES, AS RE- 
 TURNED BY THE EIGHTH CENSUS, 1860. 
 
 Counties. Whites. Tree Colored. Slaves. Total. 
 
 Adair 
 
 8,436 
 
 9 
 
 86 
 
 8,531 
 
 Andrew 
 
 10,949 
 
 21 
 
 880 
 
 1,1850 
 
 Atchison 
 
 4,578 
 
 12 
 
 59 
 
 4,649 
 
 Audrain 
 
 6,909 
 
 
 
 1,166 
 
 ' 8,075 
 
 Barry 
 
 7,738 
 
 10 
 
 247 
 
 7,995 
 
 Barton , 
 
 1,796 
 
 
 
 21 
 
 1,817 
 
 Bates 
 
 6,765 
 
 8 
 
 442 
 
 7,215 
 
 Benton 
 
 8,460 
 
 13 
 
 599 
 
 9,072 
 
 Bolinger 
 
 7,126 
 
 
 
 245 
 
 7,371 
 
 Boone 
 
 14,399 
 
 53 
 
 5,034 
 
 19,486 
 
 Buchanan 
 
 21,799 
 
 51 
 
 2,011 
 
 23,861 
 
 Butler 
 
 2,837 
 
 2 
 
 52 
 
 2,891 
 
 Caldwell 
 
 4,810 
 
 2 
 
 222 
 
 5,034 
 
 Callaway 
 
 12,895 
 
 31 
 
 4,523 
 
 17,449 
 
 Camden 
 
 4,769 
 
 
 
 206 
 
 4,975 
 
 Cape Girardeau 
 
 13,961 
 
 53 /..... 
 
 1,533 
 
 15,547 
 
 Carroll , 
 
 8,692 
 
 3 
 
 1,068 
 
 9,763 
 
 Cass 
 
 8,781 
 
 3 
 
 1,010 
 
 9,794 
 
 Carter 
 
 1,200 
 
 15 
 
 20 
 
 1,235 
 
 Cedar 
 
 6,420 
 
 6 
 
 211 
 
 6,637 
 
 Chariton 
 
 9.672 
 
 51 
 
 2,839 
 
 12,562 
 
 Christian , 
 
 5,262 
 
 
 
 229 
 
 5,491 
 
 Clark 
 
 11,216 
 
 13 
 
 455 
 
 11,684 
 
 Clay 
 
 9,525 
 
 43 
 
 3,453 
 
 13,023 
 
 Clinton 
 
 6,685 
 
 19 
 
 1,144 
 
 7,848 
 
 Cole 
 
 8,645 
 
 65 
 
 987 
 
 9,697 
 
 Cooper 
 
 13,528 
 
 28 
 
 3,800 
 
 17,356 
 
 Crawford 
 
 5,640 
 
 1 
 
 182 
 
 5,823 
 
 Dade 
 
 6,721 
 
 5 
 
 346 
 
 7,072 
 
 Dallas 
 
 5,777 
 
 1 
 
 114 
 
 5,892 
 
 Daviess 
 
 9,248 
 
 
 
 358 
 
 9,606 
 
 DeKalb 
 
 5,081 
 
 6 
 
 137 
 
 5,224 
 
 Dent 
 
 5,498 
 
 
 
 156 
 
 5,654 
 
 Douglas ,. 
 
 2,414 
 
 
 
 
 
 2,414 
 
 Dunklin 
 
 4,855 
 
 
 
 171 
 
 5,026 
 
 Franklin 
 
 16,465 
 
 19 
 
 1,601 
 
 18,085 
 
 Gasconade 
 
 8,641 
 
 9 
 
 76 ..... 
 
 8,726 
 
 Gentry 
 
 11,862 
 
 
 
 118 
 
 11,980 
 
 Greene 
 
 11,509 
 
 9 
 
 1,668 
 
 13,186 
 
 Grundy 
 
 7,596 
 
 6 
 
 285 
 
 7,887 
 
 Harrison 
 
 10,601 
 
 
 
 25 
 
 10,626 
 
 Henry 
 
 8,620 
 
 1 ...... 
 
 1,245 
 
 9,866 
 
 Hickory 
 
 4,503 
 
 7 
 
 195 
 
 4,705 
 
31 
 
 CENSUS OP MISSOURI (Continued). 
 
 Counties. 
 
 Whites. 
 
 Free Colored. 
 
 Slaves. 
 
 Total. 
 
 Holt 
 
 6,241 
 
 
 
 309 
 
 6,550 
 
 Howard 
 
 9,986 
 
 74 
 
 5,886 
 
 15,946 
 
 Howell 
 
 3,133 
 
 
 
 36 
 
 3,169 
 
 Iron 
 
 5,529 
 
 
 
 313 
 
 5,842 
 
 Jackson 
 
 18,882 
 
 70 
 
 3,944 
 
 22,896 
 
 Jasper 
 
 6,533 
 
 15 
 
 335 
 
 6,883 
 
 Jefferson 
 
 9,763 
 
 17 
 
 564 
 
 10,344 
 
 Johnson 
 
 12,743 
 
 5 
 
 1,896 
 
 14,644 
 
 Knox 
 
 8,436 
 
 7 
 
 284 
 
 8,727 
 
 Laclede 
 
 4,875 
 
 2 
 
 305 
 
 5,182 
 
 Lafayette 
 
 13,688 
 
 36 
 
 6,374 
 
 20,098 
 
 Lawrence 
 
 8,559 
 
 3 
 
 284 
 
 8,846 
 
 Lewis 
 
 10,983 
 
 24 
 
 1,279 
 
 12,286 
 
 Lincoln 
 
 11,347 
 
 23 
 
 2,840 
 
 14,210 
 
 Linn 
 
 8,509 
 
 26 
 
 577 
 
 9,112 
 
 Livingston 
 
 6,812 
 
 
 
 605 
 
 7,417 
 
 Macon 
 
 13,673 
 
 13 
 
 660 
 
 14,346 
 
 Madison 
 
 5,179 
 
 18 
 
 467 
 
 5,654 
 
 Maries 
 
 4,830 
 
 7 
 
 64 
 
 4,901 
 
 Marion 
 
 15,732 
 
 89 
 
 3,017 
 
 18,838 
 
 McDonough 
 
 3,957 
 
 9 
 
 72 
 
 4,038 
 
 Mercer 
 
 9,274 
 
 2 
 
 24 
 
 9,300 
 
 Miller 
 
 6,572 
 
 2 
 
 238 
 
 6,812 
 
 Mississippi 
 
 3,849 
 
 
 
 1,010 
 
 4,859 
 
 Moniteau 
 
 9,375 
 
 4 
 
 745 
 
 10 3 124 
 
 Monroe 
 
 11,722 
 
 42 
 
 3,021 
 
 14,785 
 
 Montgomery 
 
 8,061 
 
 10 
 
 1,647 
 
 9,718 
 
 Morgan 
 
 7,545 
 
 8 
 
 649 
 
 8,202 
 
 New Madrid 
 
 3,863 
 
 14 
 
 1,777 
 
 5,654 
 
 Newton 
 
 8,842 
 
 51 
 
 426 
 
 9,319 
 
 Nodaway 
 
 5,123 
 
 2 
 
 127 
 
 5,252 
 
 Oregon 
 
 2,983 
 
 
 
 26 
 
 3,009 
 
 Osage : 
 
 7,622 
 
 
 
 256 
 
 7,879 
 
 Ozark 
 
 2,361 
 
 43 
 
 43 
 
 2,447 
 
 Pemiscot 
 
 2,682 
 
 12 
 
 268 
 
 2,962 
 
 Perry 
 
 8,366 
 
 23 
 
 739 
 
 9,128 
 
 Pettis 
 
 7,504 
 
 6 
 
 1,882 
 
 9,392 
 
 Phelps 
 
 5,628 
 
 2 
 
 84 
 
 5,714 
 
 Pike 
 
 14,302 
 
 60 
 
 4,055 
 
 18,417 
 
 Platte 
 
 14,981 
 
 56 
 
 3,313 
 
 18,350 
 
 Polk 
 
 9,468 
 
 15 
 
 512 
 
 9,995 
 
 Pulaski 
 
 3,779 
 
 
 
 56 
 
 3,835 
 
 Putnam 
 
 9,176 
 
 
 
 31 
 
 9,207 
 
 Rails 
 
 6,788 
 
 13 
 
 1,791 
 
 8,592 
 
 Randolph 
 
 8,777 
 
 11 
 
 2,619 
 
 11,407 
 
 Ray 
 
 12,038 
 
 7 
 
 2,047 
 
 14,092 
 
 Reynolds 
 
 3,135 
 
 
 
 38 
 
 3,173 
 
 Ripley 
 
 3,667 
 
 3 
 
 78 
 
 3,747 
 
 St. Charles 
 
 14,313 
 
 29 
 
 2,181 
 
 16,523 
 
32 
 
 CENSUS OF MISSOURI (Continued}. 
 
 
 
 Counties. 
 
 Whites. 
 
 Free Colored. 
 
 Slaves. 
 
 Total. 
 
 St. Clair 
 
 6,229 
 
 9 
 
 574 
 
 6,812 
 
 St. Fran9ois , 
 
 6,292 
 
 80 
 
 877 
 
 7,249 
 
 Ste. Gen e vi ve 
 
 7,323 
 
 89 
 
 617 
 
 8,029 
 
 St. Louis 
 
 184,313 
 
 1,865 
 
 4,346 
 
 190,524 
 
 Saline 
 
 9,800 
 
 23 
 
 4,876 
 
 14,699 
 
 Schuyler 
 
 6,658 
 
 
 
 39 
 
 6,697 
 
 Scotland 
 
 8,742 
 
 
 
 131 
 
 8,873 
 
 Scott 
 
 4,730 
 
 14 
 
 503 
 
 5,247 
 
 Shann on 
 
 2,271 
 
 
 
 13 
 
 2,284 
 
 Shelby 
 
 6,565 
 
 12 
 
 724 
 
 7,301 
 
 Stoddard 
 
 7,659 
 
 3 
 
 215 
 
 7,877 
 
 Stone 
 
 2.384 
 
 
 
 16 
 
 2,400 
 
 Sullivan 
 
 9,095 
 
 1 
 
 102 
 
 9,198 
 
 Taney 
 
 3,489 
 
 5 
 
 82 
 
 3,576 
 
 Texas 
 
 6,009 
 
 2 
 
 56 
 
 6,067 
 
 Vernon 
 
 4,712 
 
 2 
 
 136 
 
 4,850 
 
 Warren 
 
 7,798 
 
 7 
 
 1,034 
 
 8,839 
 
 Washington 
 
 8,670 
 
 25 
 
 1,028 
 
 9,723 
 
 Wayne 
 
 5,361 
 
 7 
 
 261 
 
 5,629 
 
 Webster 
 
 6,879 
 
 
 
 220 
 
 7,099 
 
 Wright 
 
 4,442 
 
 
 
 66 
 
 4,508 
 
 Totals 
 
 1,063,491 
 
 3,572 
 
 114,931 
 
 1,181,994 
 
 (Indians not included.} 
 
 
 
 
 
 Gasconade 
 
 1 
 
 
 
 
 
 1 
 
 Jackson 
 
 17 
 
 
 
 
 
 17 
 
 Totals 
 
 1,063,509 
 
 3,572 
 
 114,931 
 
 1,182,012 
 
 Resolved, That the Secretary of this Convention furnish each member thereof with 
 a copy of the late census of the State of Missouri. 
 
PROCEEDINGS 
 
 OK T II 
 
 Missouri State 
 
 H Tfi I, D IN 
 
 JEFFERSON CITY, 
 
 JUNE, 
 
 ST. LOUIS: 
 
 GEORGE KNAPP & CO., PRINTERS AND BINDERS. 
 
 1862. 
 
PROCEEDINGS 
 
 OF TUB 
 
 MISSOURI STATE CONVENTION, 
 
 HELD IN JEFFERSON CITY, JUNE, 1862. 
 
 FIEST DAT. 
 
 JEFFERSON CITY, June 2, 1862. 
 
 The Convention was called to order by the 
 President at 45 minutes past 11. 
 
 Prayer was offered by Elder T. M. ALLEN. 
 
 Mr. SHANKLIN, the newly elected member 
 from the Ninth District, in place of Mr. TIN- 
 DALL, deceased, presented his credentials, and 
 was sworn in by the President. 
 
 The roll was then called and thirty-two mem- 
 bers answered to their names as follows : 
 
 Messrs. Allen, Bogy, Breckinridge, Broad- 
 head, Brown, Collier, Comingo, Douglass, 
 Dunn, Henderson, Hitchcock, How, Howell, 
 Jackson, Leeper, Linton, Long, McCormack, 
 McDowell, Meyer, Moss, Orr, Pomeroy, Ray, 
 Rowland, Shanklin, Smith of St. Louis, Wal- 
 ler, Welch, Woolfolk, Van Buskirk, Mr. Pres- 
 ident 32. 
 
 There being less than a quorum of members, 
 the Convention, on motion of Mr. BOGY, ad- 
 iourned to 5 o'clock. 
 
 AFTERNOON SESSION. 
 
 The Convention met at 5 o'clock. 
 
 The roll was called, and 58 members answer- 
 ed to their names. The names of the addition- 
 al members are as follows : 
 
 Messrs. Bush, Cayce, Doniphan, Eitzen, 
 Flood, Graham, Hall of Buchanan, Holmes, 
 Hudgins, Irwin, Campbell, Jamison, Kidd, 
 Marinaduke, Marvin, Matson, McClurg, Mc- 
 
 Ferran, Phillips, Pipkin, Rankin, Scott, Shack- 
 elf ord of St. Louis, Smith of Linn, Stewart, and 
 Zimmerman. 
 
 APPOINTMENT OF A CHAPLAIN. 
 
 Mr. ROWLAND offered the following : 
 
 Resolved, That Elder THOMAS M. ALLEN be 
 and is hereby appointed Chaplain during the 
 present session. 
 
 Mr. WELCH. It occurs to me that the office 
 is already filled, and that it would require a 
 resolution to declare the office-vacant. 
 
 Mr. STEWART. I have no distinct recollec- 
 tion as to who filled that office. 
 
 The PRESIDENT. Dr. Monroe. 
 
 Mr. STEWART. Is he Secesh or Union ? If 
 he is Secesh, I move that he be expelled. 
 
 Mr. ROWLAND. I offered the resolution be- 
 cause I was informed that we had no Chaplain. 
 Mr. ALLEN is present, and ready and willing 
 to perform the duties of that office. He has 
 always been loyal, and I hope the resolution 
 will be adopted. 
 
 The resolution was adopted. 
 
 MESSAGE FROM THE GOVERNOR. 
 
 The PRESIDENT laid before the Convention 
 the following communication from the Govern- 
 or, which was read by the Clerk : 
 Gentlemen of the Convention : 
 
 You have again been called together because 
 there is no other body in existence that can 
 adopt the measures which the present condi- 
 tion of the State demands. 
 
In order to a proper understanding of our 
 condition, and to a judicious exercise of the 
 powers with which the Convention is clothed, it 
 may be profitable to glance rapidly at th** events 
 which have occurred within the past year. 
 
 After the adjournment on the 22d day of 
 March, 1861, and after you had solemnly ex- 
 pressed the judgment of the people of the State 
 that there was no sufficient cause for disturb- 
 ing the relations existing between the State 
 and the United States, there was manifest on 
 the part of those exercising the executive and 
 legislative powers of the State a persistent pur- 
 pose to dissolve our connection with the Gene- 
 ral Government, and attach us to what is called 
 the Southern Confederacy. This purpose was 
 exhibited in acts tending to a military collision 
 between the State and General Government, 
 and finally produced the battle of Boonville on 
 the 18th day of June last. 
 
 From that time the Governor fled before the 
 military authority of the United States, charg- 
 ed as a citizen of the United States with trea- 
 son against his Government, other high execu- 
 tive officers and many of the members of the 
 Legislature being implicated in the same charge 
 of treason, in like manner fled, and abandoned 
 their offices. Thus ithappened when you again 
 assembled, in July last, you found the State 
 Government in ruins, with no magistracy in a 
 condition to exercise the powers which were 
 conferred upon them by the Constitution, in or- 
 der to maintain the peace of the State and the 
 security of the people. It was among the wise 
 orderings of a kind Providence that the Con- 
 vention should, at such a crisis, be in existence, 
 and capable of meeting the emergency. The 
 alternative was presented to you of allowing 
 the Stale Government to remain in ruins, with 
 anarchy universally prevailing, with no power 
 to preserve order, except as it might be exer- 
 cised by a soldiery chiefly from other States, or 
 attempting to rear again the Government of 
 the State, that the reign of law might be re-es- 
 tablished. You chose the latter, and oiganized 
 the Provisional Government. Your power to 
 do so cannot be successfully questioned. The 
 necessity for your action will be admitted by 
 every person who understands what was then 
 the condition of the State, and the wisdom of 
 your action would seem to be established by 
 the improvement that has since taken place in 
 our condition. 
 
 If we look back to the time of establishing 
 the Provisional Government, we will see such 
 a state of affairs as might well have justified a 
 
 feeling of despondency as to the restoration of 
 peace and order. Civil war was fully inaugu- 
 rated j the popular mind was greatly inflam- 
 ed ; disregard of law universally reigned ; 
 there was no military force to enforce law and 
 preserve order ; there were no arms belonging to 
 the State to put into the hands of a military force 
 if we had had one ; there was no money in the 
 treasury withwhich to purchase arms or subsist 
 soldiers ; there was no State credit upon which 
 to raise money ; and, moreover, a very large ma- 
 jority of all the public offices of the State were 
 in the hands of persons hostile to the Govern- 
 ment of the United States, sympathizing with 
 those engaged in the rebellion, and opposed to 
 your attempt to restore peace. Under such 
 circumstances, it was not surprising that some 
 should have despaired of the success of the ex- 
 periment to restore a quick and peaceful admin- 
 istration of the State Government. Yet it was 
 the only hope that was left to those who really 
 desired to preserve the State Government in ac- 
 tual operation. 
 
 In order to prepare a force to preserve the 
 peace of the State, a call was made for forty- 
 two thousand volunteers, on the 24th of August 
 last, to serve six months. After this call was 
 made, many hindrances were thrown in the 
 way of its being answered. Officers and men be- 
 longing to regiments in the service of the United 
 States, depreciated the State service by repre- 
 senting the utter uncertainty of the men ever 
 receiving either their pay, clothing, or subsis- . 
 tence. These representations were made, not 
 only by persons raising troops as Missouri vol- 
 unteers, but by others who were in regiments 
 belonging to other States, who desired to swell 
 their own ranks. Unfortunately the real state 
 of facts gave too much color of truth to 
 these representations, and rendered them the 
 more effectual hindrances to the raising the 
 number of volunteers called for. Still, more 
 than six thousand men volunteered, and were 
 organized into battalions and regiments, under 
 the act of 1859, which had been re-enacted by 
 the Convention. 
 
 As the recruiting advanced, the difficulty of 
 providing arms and subsistence became more 
 apparent, and as applications to the Command- 
 ing General of the Department for arms were 
 unavailing, it became necessary to have a per- 
 sonal conference with the authorities at Wash- 
 ington. By such conference, arms were ob- 
 tained, and the sum of $200,000 was advanced 
 by the United States, out of an appropriation 
 made in July last for the purpose of aiding the 
 
loyal citizens in States where rebellion existed. 
 Wiih this comparatively email sum, the attempt 
 was to bo made to provide the absolute neces- 
 laries inquired by the troops, particularly the 
 articles which could be purchased only for 
 cash. And it is proper here to bear testimony 
 to the patient fortitude with which thpy bore 
 the privations to which they were subjected. 
 It was plainly impossible to supply them out 
 of thi> sum with the full allowance to which 
 soldiers in the service of the United States are 
 entitled, and it became indispensably necessary 
 to prac'ice the greatest economy in order to 
 provide them even with indispensable neces- 
 saries. One of the most painful duties 
 was to be obliged to listen to the recital of 
 their wants, with the knowledge that they 
 could not be properly met. As the period ap- 
 proached at which they ought to be paid, the 
 difficulty of meeting their reasonable demands 
 for pay was to be met. Your ordinance, pass- 
 ed at the October session, provided for meeting 
 the expense of the whole force, by authorizing 
 the issue of Defense Warrants, not to exceed a 
 million of dollars. This measure relieved the 
 Executive from the apprehension of immediate 
 embarrassment, but was inadequate to the full 
 support of any considerable force for a long 
 period. It was plainly necessary that some 
 more permanent provisions should be made, in 
 order to make the force large enough to be ef- 
 ficient, and at the same time free the State 
 treasury fiom a burden it could not bear. 
 
 In order to accomplish this end, another per- 
 sonal conference was sought with the President, 
 and as the result, an engagement was effected 
 under which the Government of Ihe United 
 States undertook to bear all the expanse of a 
 militaiy force to be raised for the defense of 
 the State during the war, to be organized in the 
 manner provided for the organization of the 
 volunteers in the service of the United States. 
 It was thought that this arrangemer.t would be 
 at once received by the troops already in the 
 serviceof the State as a guarantee of future, 
 certain and regular subsistence and pay, and 
 that they would promptly embrace the propo- 
 sition to organize under it. But as they were 
 already entitled to pay which they had not re- 
 ceived, arid as many of them could not leave 
 their families to serve in distant parts of the 
 State during the war, it was found that they 
 hesitated to engage in the new service. 
 
 It was apparent that to have two classes of 
 troops at the same time in the service of the 
 State, one supported and paid by the United 
 
 States and the other by the State, would pro- 
 duce endless confusion and difficulty. The ex- 
 pense of the force organized under the act of 
 1859 was greatly enhanced by the great pro- 
 portion of officers allowed for the number of 
 men enlisted as privates. It was, therefore, 
 judged necessary to the interest of the State and 
 of the service, to pay off the six months' men 
 and disband them, in order that those who could 
 serve for the war might engage in the force 
 about to be raised and supported at the expense 
 of the United States. 
 
 The arrangement made with the President 
 gave an impetus to the enlistment of volunteers, 
 but a construction was given to thf- agreement 
 which required a whole company of eighty three 
 men to be raised before the men could be sub- 
 sisted, clothed and paid by the United Slates. 
 Although there had been received from the 
 United States an additional sum of $25(1,000, 
 it became apparent that this money would soon 
 be consumed in furnis-hing subsistence and 
 clothing to recruits until each company was 
 ready to be mustered into service with eighty- 
 three men. It became necessary, therefore, to 
 have again a personal conference with the au- 
 thoiities at Washington, in order to have the 
 agreement carried out in its true spirit. This 
 was effected, and the men were ordered to be 
 mustered into service singly as they were 
 recruited, and to receive their subsistence and 
 clothing at once from the proper officers of the 
 United states. 
 
 When the military service of the State was 
 placed upon this basis, it was immediately ap- 
 parent that all difficulty in raising an adequate 
 force was removed. Authorities to raise regi- 
 ments and companies, and to raise recruits 
 generally, were given out, arid all was progress- 
 ing well when Congress interposed and limited 
 the number to be paid to ten thousand men. 
 Orders had to be issued to stop recruiting, but 
 as the returns came in it has been found that 
 we have more than twelve thousand men, and 
 it remains to be known whether Congress will, 
 with the liberality which has characterized the 
 conduct of the Executive Department towards 
 us, provide for the payment of this excess. 
 When the order to stop recruiting was issued, 
 it found fragments of regiments which had to 
 be consolidated, often requiringseveral to make 
 a complete regiment. This necessity, of course, 
 produced dissatisfaction among persons who 
 had expected to command regiments, but found 
 themselves reduced to lower field officers in the 
 consolidated regiments. The duty of making 
 
the consolidation, however, was unavoidable. 
 There are now fifteen regiments and two bat- 
 talions, with two batteries of artillery in the 
 field, all fully equipped and armed, ready to 
 serve in any portion of the State where an en- 
 emy may appear. The men are our own peo- 
 ple. The officers are chiefly selected from our 
 own citizens, and as all will be held respon- 
 sible for wrongs committed upon the people of 
 the State, there is every reason to anticipate that 
 the rights of the people will be respected. 
 
 It was a part of the arrangement made with the 
 President that, in order to preserve unity of 
 command, the Major General of the Depart- 
 ment should be commissioned Major General of 
 the State militia. Maj. Gen. Halleck is, there- 
 fore, the Major General of the Missouri State 
 Militia. The immediate command has been by 
 him turned over to Brigadier General Schofield, 
 of the volunteerservice,commissioned Brigadier 
 of the State troops. He is a regularly educa- 
 ed and talented officer of the Army of the Uni- 
 ted States, distinguished in actual service, and 
 has rendered to the State very valuable assis- 
 tance in organizing our forces and selecting the 
 officers. 
 
 The other Brigadiers of the State militia are 
 Gen. Loan, Gen. Totten, and Gen. Brown, all 
 of whom have been selected on account of 
 their qualifications to command forces within 
 the State. Gen. Totten is known to the coun- 
 try as an officer of the regular army, who dis- 
 tinguished himsejf as an officer of artillery at 
 the battle of Wilson's Creek. 
 
 Considering the extent of the country to be 
 covered, the force is small, but they are capa- 
 ble of rapid movement, and can be soon con- 
 centrated wherever they are required. 
 
 This is given as a brief but sufficient state- 
 ment of what has been done to provide a 
 military force for the preservation of the peace 
 and order of the State, and it would be wrong 
 to conclude it without expressing a high sense 
 of the obligations we are under to the Govern- 
 ment of the United States for the promptitude 
 and liberality with which our most pressing 
 wants have been supplied. 
 
 In paying the troops that have been called 
 into service for six months, and in defraying 
 the expenses incurred in the support of that 
 force, there has been issued to the disbursing 
 officers the sum of $720,000, in Defense War- 
 rants, and there will have to be issued a further 
 amount, which may swell the aggregate to 
 $775,000. The amount in circulation has 
 already been reduced $100,000, by receipts 
 
 into the Treasury for the taxes of 1861 from 
 only forty-one counties. It will, therefore, be 
 seen that the whole amount issued will veiy 
 soon be absorbed. Most unfortunately for the 
 men who received this paper for their services^ 
 efforts were too successfully made to depreciate 
 it, as well by those who were opposed to the 
 Government, as by those who sought only their 
 own profit by speculating in it. Thus, at one 
 time, it fell to seventy cents on the dollar, 
 and afterwards rose to eighty and eighty- five. 
 Yet its ultimate redemption is, in fact, better 
 secured than that of any bank pa.per in the State, 
 because it is receivable in payment of taxes 
 when the taxes of a single year would absorb 
 it all ; and it has a specific collateral security 
 of bank stock pledged to its redemption. And, 
 moreover, the debt was incurred in doing what 
 the United States Government was bound to do 
 that is, in defending the State against those 
 who were in insurrection against that Govern- 
 ment, and therefore that Government is bound 
 to bear the burden of this debt. This, no doubt, 
 will be attended to by the Senators and Repre- 
 sentatives of the State in Congress. Under 
 such circumstances, it is to be regretted that 
 the soldiers to whom the paper was issued 
 have been obliged by their necessities to submit 
 to the extortion of money-changers. 
 
 Turning now to the financial condition of the 
 State, we find that the Provisional Government 
 commenced with a prospect as little flattering 
 as could well be conceived. 
 
 There was so small a sum in the Treasury, 
 and it subject to previous appropriations, that 
 it is right to call the Treasury empty. Our 
 credit was gone, because we had already failed 
 to pay our July interest. The sheriffs of counties 
 rather than attempt to collect the taxes of last 
 year, were resigning their offices, and such was 
 the state of the country that there appeared but 
 little ground to hope that money sufficient would 
 be collected to carry on the government. Even 
 now, after quiet has been restored in a large 
 part of the State, the Auditor reports that but 
 in forty-one counties have the Sheriffs receipted 
 for the tax books of 1861. These are charge- 
 able with revenue to the amount of $604,220, 
 and they have paid in $253,386. Besides this 
 sum, there has been received for licenses from 
 St. Louis county, $26,038, making an aggregate 
 of receipts for the taxes of 1861, of $279,425. 
 Of the amount paid into the Treasury, about 
 $100,000 has been paid in Defense Warrants. 
 
 Although it is impossible to present to you 
 an accurate statement of the amount of uncol- 
 
lected taxes for the year 1861, it will be seen 
 that it must be very large, when from the forty- 
 one counties in which the Sheriffs have received 
 the tax books, $350,834 remains to be paid into 
 the Treasury, and there are seventy-three 
 counties in which the collection has not yet 
 been attempted. 
 
 As it is unknown how far the Convention 
 will feel itself required to deal with the financial 
 questions that belong to ordinary legislation, 
 no scheme of action will be submitted here with 
 a view to expedite the collection of revenue 
 due the State. The officers in the different 
 counties are finding it more easy to make col- 
 lections as the peace of the country becomes 
 better established; and while there are still 
 many counties in which officers have not been 
 appointed, because in their disturbed condition 
 no suitable persons have been recommended, 
 yet the number is slowly diminishing, and with 
 the restoration of quiet will begin the collection 
 of revenue. 
 
 The Auditor will report to yoa the state of 
 the finances, and will make such suggestions 
 as, in his opinion, are important in relation to 
 the revenue. 
 
 You will see from this brief statement, that 
 the Provisional Government is not in a worse 
 condition, financially, than when it was estab- 
 lished. It is true that another instalment of 
 the July interest upon our bonds has become 
 due and is unpaid, but it may be assumed that 
 the holders of our bonds have not expected us 
 to pay the interest when the tide of war was 
 rolling over our State, and that they will not 
 fiud in our failure to pay, under such circum- 
 stances, any reason to doubt our purpose to pay 
 ultimately. 
 
 Your ordinance, passed at your October 
 session, vacating the offices of those who 
 refused to take the oath of allegiance therein 
 prescribed, has occasioned numeroud changes 
 among the holders of offices. There still re- 
 main many offices to be filled, as the progress 
 in obtaining information about persons suitable 
 to be appointed has been in some parts of the 
 State very slow. 
 
 So far as is known, the appointments have 
 given general satisfaction, and there is reason 
 to hope that the interests of the State have not 
 suffered by the change. 
 
 There is an ambiguity in this ordinance which 
 would now require too much time to state, but 
 which will need a short explanatory ordinance. 
 The matter will be brought to the attention of 
 some one of your committees. 
 
 In this glance at the principal operations of 
 the Provisional Government, it is hoped that 
 you will find the result to be that much good 
 and no evil has been done, either to the people or 
 to the principles of Constitutional Government. 
 
 In the largest part of the State, courts of 
 justice are open, and the law regularly admin- 
 istered. The people are generally pursuing 
 their ordinary vocations in peace and security, 
 and confidence is being gradually though slowly 
 restored. 
 
 It is true that in some parts of the State there 
 are yet disturbances, and crimes the most brutal 
 are perpetrated by outlaws, who would fain 
 conceal the base character of their enormities 
 by calling them guerrilla warfare. They can 
 propose to themselves no end but the gratifica- 
 tion of a fiendish malignity. Certainly neither 
 patriotism nor humanity can sanction their 
 conduct. It is believed that a sufficient force 
 is provided to compel them to peace. 
 
 Although our State has been visited by a class 
 of troops who came with feelings of hostility 
 to our people and our institutions, and who, 
 under the guise of supporting the Union, per- 
 petrated enormous outrages upon our citizens, 
 yet successful measures have been adopted for 
 the security of our people and for the removal 
 of such troops, so as to relieve us from their 
 presence in the future. 
 
 The thought has often presented itself, sug- 
 gested by the conduct of such troops, that if 
 the armies which have marched over every part 
 of our State had come into and marched through 
 it as through a country that was altogether 
 hostile, we should have found ourselves now in 
 a country altogether desolated. 
 
 But it may be ascribed to the Convention, 
 and to the kindness of a controling Providence, 
 using the Convention, that, although the State 
 has suffered greatly, it has not been entirely 
 ruined. 
 
 And if the effort to restore the State Govern- 
 ment should be entirely successful, and peace 
 and prosperity once more should be established 
 in the State, the praise will be given by a happy 
 people, first to God who rules all nations, and 
 under Him to the patriotism and wisdom of the 
 Convention which He has employed. 
 
 But the work is not yet completed, and still 
 demands that all the wisdom and energy of all 
 the true friends of the State should be employed 
 in harmonious counsel and united action in 
 building up and cementing the fabric we are 
 laboring to rear. It would be most disastrous 
 if the laborers engaged in this patriotic work 
 
should allow themselves to be diverted from 
 their undertaking by anything that will distract 
 their attention or diminish their energy. 
 
 In the call under which you are now assem- 
 bled, one subject is mentioned as requiring 
 your action that is, dividing the State into 
 Congressional Districts. 
 
 We are entitled to nine Representatives in 
 the next Congress, and it is required that they 
 should be elected by districts. 
 
 In these times of extreme ultraism, our Rep- 
 resentatives should appear in the House, 
 elected in such manner as to be entitled to their 
 seats without question. It is true that on a 
 former occasion of increase in our Congres- 
 sional representation, the General Assembly 
 adopted a plan of electing the additional mem- 
 bers without there having been new districts 
 provided for them before the general election. 
 But in present circumstances, it is not prudent 
 to leave any question of their right open to 
 discussion. 
 
 It is altogether questionable whether our plan 
 of electing members of Congress some seven- 
 teen months before they ordinarily take their 
 seats, is wise. 
 
 In times like the present, when new and 
 startling questions are frequently arising, the 
 Representative who may be elected in August, 
 1862, may find all the questions with reference 
 to which he was elected, settled when he takes 
 his seat in December, 1863, and that new and 
 more momentous issues hare arisen since his 
 election, upon which his constituents have not 
 expressed their will. 
 
 Although it is time that, upon an extraordi- 
 nary occasion, Congress may be called so as to 
 require his attendance before the first Monday 
 in December, yet such are exceptional cases, 
 and do not affect the principle that the Repre- 
 sentative ought to be chosen because of the 
 conformity of his opinions to those of his con- 
 stituents upon the questions upon which he is to 
 act. 
 
 There are other strong objections to our time 
 of electing members of Congress, but as it is 
 not intended to make any recommendations 
 upon this subject, time will not be occupied in 
 stating them. 
 
 In your ordinance, passed at your July ses- 
 sion, establishing the Provisional Government, 
 it was provided that an election of executive 
 officers should be held in November, and that 
 at that election a vote should be taken upon 
 the question, whether your action in establish- 
 ing such government should be ratified. The 
 
 vote was subsequently postponed until the gen- 
 eral election in next August. 
 
 It is submitted for your consideration, 
 whether that part of the ordinance ought not 
 to be annulled. 
 
 More than 30,000 of our people are volun- 
 teers in the service of the United States, most 
 of the number being out of the State. Their 
 voice should be heard on a question so vitally 
 affecting their State, and^ret it has been found 
 that all votes in military camps, taken under 
 laws that have directed such votes, have afford- 
 ed opportunities for imposition, which it is 
 almost impossible to guard against. It is 
 clearly right that the voice of this class of citi- 
 zens should be heard, but to take their votes in 
 distant camps involves too much of imposition 
 to be attempted. 
 
 There is another consideration of the greatest 
 moment. The question to be voted upon is, 
 under existing circumstances, not a question 
 between the Provisional Government and some 
 other administration of the State Government, 
 but between the Provisional Government and 
 no government at all j for every person knows 
 that the former executive officers would be 
 immediately arrested for treason if they came 
 within reach of the officials of the United States. 
 After the Provisional Government has been in 
 operation for a year no such question ought to 
 be considered open to discussion. 
 
 Whether you should think it necessary or 
 not to require any oath of loyalty as a general 
 qualification for all voters at the approaching 
 August election, it is submitted to you as a mat- 
 ter demanding your action, that an oath beyond 
 that prescribed by the Constitution should be re- 
 quired of all persons who may be elected to 
 office. The oath prescribed by the Constitution 
 is so general, that, though its terms, when 
 rightly understood, comprehend the great duties 
 of a citizen to his Government, yet it fails to 
 impress the minds of those who take it with 
 a clear idea of the obligation it imposes. 
 
 Again, the oath thus prescribed is altogether 
 prospective in its requirements, but the State 
 should be protected against persons who have 
 in the past been unfaithful. 
 
 These are the subjects which at this time 
 most require your attention. 
 
 H. R. GAMBLE. 
 
 AUDITOR'S REPORT. 
 
 The following report from the Auditor was 
 also submitted to the Convention : 
 
AUDITOR'S OFFICE, MISSOURI, I 
 JKFFERSON CITY, June, 1862. ) 
 To the President of the Missouri State Conven- ; 
 
 tton : 
 
 I have deemed it important to the fiscal af- 
 fairs of our State, as one of her public ser- 
 varts having charge of her monetary affairs, 
 to submit to your honorable body some consid- 
 erat.ons and facts, which, if adopted, may re- 
 sult ri great advantage to the State ; lead to an I 
 entire absorption of the Defense Warrants, is- 
 sued \>y virtue of the ordinance of 18th Octo- 
 ber, 1B61 ; save the sale of the bank stock, 
 pledged for their redemption ; and afford great j 
 relief lo our suffering tax-payers, by extending 
 their reception for the taxes due the State in 
 1863. 
 
 Under the ordinance above referred to there 
 has been issued, on the requisitions of the Gov- 
 ernor, and delivered to the various Assistant 
 Paymasters of the Missouri State Militia, and 
 the Quartermaster General of Missouri, the sum 
 of seven hundred and twenty thousand dollars, 
 up to the present date. Of this amount, the 
 largest sura has been paid out to the six months' 
 militia, and the balance disbursed by the Quar- 
 termaster General in payment for forage, provi- 
 sions and supplies, ordnance stores, etc., under 
 the ordinance of October 18, 1861. These war- 
 rants have gone into general circulation ; and in 
 counties where the revenue has been collected, have 
 soon been returned to the State Treasury ; the 
 holders of these warrants, in those counties, 
 who were tax-payers, have suffered no loss, as 
 they readily answered the wants of the com- 
 munity, la many instances, however, owing 
 to the stringency of the money market, the un- 
 settled condition of affairs, the gloomy future 
 before us, many of our soldiery and needy cit- 
 izens have had to suffer considerable deprecia- 
 tion in their value, in exchanging them for par 
 funds. This depreciation was caused from the 
 want of a home demand in non-tax-paying coun- 
 ties, by the Shylocks and brokers, who saw 
 opened up to them a fine field of speculation, 
 in the disordered condition of the financial af- 
 fairs of our State. I believe, however, if the 
 Convention would amend the ordinance of Oc- 
 tober 18, 1861, and make them receivable for 
 the taxes of 1863 arid for all balances due by 
 late collectors for the taxes of 1860 the value 
 of the warrants would be appreciated to par j 
 the whole amount issued would be retired and 
 paid iiito the treasury j the State relieved from 
 the debt created j the civil government carried 
 on without resort to borrowing j the people of 
 
 the State greatly enabled to pay the revenue of 
 1863 j and the bank stock taved from sale at its 
 present depreciated price. 
 
 1st. Make them receivable from late collec- 
 tors, who are in default for all balances due the 
 State, for the taxes of 1860. 
 
 2d. Make them receivable for the taxes of 
 the year 1863. 
 
 This extension of time would give three years 
 for. their redemption, leaving other means suf- 
 ficient (exclusive of Defense Warrants) to de- 
 fray the ordinary expenses of the State Gov- 
 ernment, which will reach three hundi ed thou- 
 sand dollars per annum, exclusive of the deduc- 
 tion of the 20 per cent, per annum for the year 
 1862 for the pay of civil officers. 
 
 The ordinance of the Convention of October 
 18th, 1861, provided for the redemption of 
 these warrants by the 31st of December, 18625 
 and if not then redeemed, pledged the bank stock 
 owned by the State for their payment. It was 
 contemplated that if the revenues of 1861 and 
 1862 would equal the revenues of 1859 and 
 1860, (about $880,COO each year,) the whole 
 amount would be received into the treasury for 
 the taxes of 1861 and 1862, by the 31st of De- 
 cember, 1862 5 but the revenue of 1861 has fall- 
 en far below the revenue of 1860, as there has 
 only been forty-one out of one hundred and 
 fourteen counties, (the whole number in the 
 State,) which have receipted for the tax books 
 of that year, (1861). See tables A and B. 
 Should the collections of 1862 not exceed those 
 of 1861, which is very probable, owing to the 
 great depreciation in the value of real and per- 
 sonal property, and the loss of slaves in the 
 State, it will require nearly the whole revenues 
 of these two years, 1861 and 1862, to take up 
 the Defense Warrants issued, leaving but little 
 money in the treasury for the support of the 
 civil government, and leaving no funds for ap- 
 portionment to the school and asylum funds 
 under the laws of the State. Under the ordi- 
 nance, Defense Warrants, when once paid into 
 the treasury, cannot be issued out again, but 
 must be cancelled and destroyed ; the ordinance 
 virtually suspending the apportionment and 
 distribution of said funds (school and asylum) 
 for the years 1861 and 1862. 
 
 I doubt, somewhat, the policy of the Con- 
 vention exercising the powers of general legis- 
 lation, as the legislative body, under the Con- 
 stitution, will soon be elected by the people, 
 when all necessary laws can be enacted } but 
 in the absence of the General Assembly, when 
 the interest of the State demands immediate ac- 
 
10 
 
 tion, I think it proper and right for the Conven- 
 tion to adopt such measures as will carry into 
 successful operation and effect its ordinances 
 heretofore enacted. I would respectfully sug- 
 gest that in carrying out the several ordinances 
 passed by the Convention, considerable ex- 
 penses were incurred for the promulgation and 
 publication of the ordinances in the public 
 newspapers throughout the State ; and no pro- 
 vision was made by your body for their pay- 
 ment. The only special appropriations made 
 by the law of the land to cover such contingen- 
 cies, under which the Governor and Secretary 
 of State had authority to order and direct their 
 payment to wit : the " Contingent expenses 
 of the Governor and Secretary," and the "Gen- 
 eral Contingent Fund" had been exhausted, 
 and no warrant can be drawn by the Auditor 
 upon a fund exhausted. Another considerable 
 item of expense was incurred for the purchase 
 of books for the Defense Warrants, having 
 them lithographed, &c., and books for registra- 
 tion for the use of the Auditor and Secretary 
 of State's offices. 
 
 I would, therefore, recommend the passage 
 of an ordinance authorizing the payment of all 
 claims incurred for printing and publishing the 
 ordinances of the Convention in the various 
 newspapers in the State, for all expenses in- 
 curred in the procurement of books for the 
 Secretary of State and Auditor's offices, for 
 the registration of said warrants, and for get- 
 ting up and preparing blank warrant books, in- 
 cluding lithographing, printing, binding, &c., 
 and for any additional clerk hire by the offi- 
 cers having charge of the preparation and get- 
 ting up of said warrants ; said accounts to be 
 presented an'* approved by the Governor, and 
 paid in Defense Warrants by any paymaster or 
 disbursing officer in the State of Missouri. 
 The amount due the publishers of newspapers 
 for printing and publishing the ordinances of 
 the Convention, amounts to from eight hundred 
 to one thousand dollars ; they are a needy and 
 meritorious class, and performed the work 
 faithfully and expeditiously, without murmur 
 or complaint, and should be paid speedily. Pay- 
 ment should be provided for all expenses incur- 
 red in the preparation of the getting up and deliv 
 ery of those warrants, as no special appropria- 
 tions made by law can be used for that purpose. 
 The bills for lithographing, printing and bind- 
 ing of warrants, amounting to the sum of eigh- 
 teen hundred dollars, have been paid in De- 
 fense Warrants, (upon the approval of the ac- 
 counts by the Governor,) by the Paymasters 
 
 of the Missouri State Militia, up to this date } 
 but there will be additional accounts, for print- 
 ing and binding, yet to be paid. The addition- 
 al labor imposed upon the Auditor and Secre- 
 tary of State has been great, requiring thdr 
 personal and constant attention whilst regis- 
 trations were being ordered for warrants, some- 
 times requiring all the clerical force of !>oth 
 offices, to the exclusion of the daily current 
 business; but they have endeavored to faith- 
 fully discharge the additional labor, with alac- 
 rity and hope, to the entire satisfaction of the 
 public. 
 
 Another subject of legislation is well wor- 
 thy the consideration of the Convention, as it 
 affects much the revenue of the State. I allude 
 to the delinquent land list of the yeer 1861, 
 and the delinquent land list of St. Louis coun- 
 ty for the year 1860. The revenue law re- 
 quires the collectors to return their delinquent 
 land lists to the Register's office by tb*e 31st day 
 of December ; if not then returned, they can- 
 not be received. Owing to our troubles, and 
 other circumstances beyond control, no delin- 
 quent land lists for 1861 have been received 
 and filed within the time required by law, con- 
 sequently none of the lands can be redeemed 
 at the State treasury, nor the taxes paid in the 
 counties where situated. The lands are com- 
 pletely tied up ; parties cannot pay or redeem 
 them, and the State is left loser to hundreds 
 and thousands of dollars. If these land lists 
 were made receivable by an ordinance of the 
 Convention, as is always done by special legis- 
 lation, I am satisfied that at least one hundred 
 thousand dollars would be paid into tbe treas- 
 ury on those lands within a short period, which 
 will not be done under the present circumstan- 
 ces; collectors will be relieved from liability, 
 and the State greatly benefitted. 
 
 One other highly important and patriotic 
 subject appeals to your consideration, and is 
 well worthy of early action ; one which calls 
 aloud to every true hearted Missourian : that is 
 the care and protection of our sick, wounded, 
 suffering soldiery, who have suffered upon the 
 bloody fields of Pea Ridge and Shiloh, in de- 
 fense of our common country. Other States 
 have made generous provision for their sick and 
 wounded. Governors and State officials have 
 visited the battle fields, with all the means ne- 
 cessary for their comfort and support ; why 
 should not Missouri, who has so many of her 
 sons battling for the Union, on the fields of 
 Tennessee and Arkansas, lend a helping hand 
 to them in the hour of need ? When the COH- 
 
11 
 
 flict of arms is over, should they be forgotten, 
 and left to perish away from home and kin- 
 dred? Then let our State come to the rescue, 
 and lend a helping hand to those who have per- 
 iled all for our country, homes and firesides. 
 
 The amount of Defense Warrants authorized 
 by the Convention is one million of dollars j 
 the amount issued and delivered is seven hun- 
 dred and twenty thousand dollars, leaving two 
 hundred and eighty thousand dollars. As near- 
 ly all the expenses of the six months' militia 
 have been paid, place one hundred thousand 
 dollars of these warrants at the disposal of 
 the Governor, to be expended in providing for 
 the sick and wounded ; bringing them home, 
 and ministering to their wants whilst stricken 
 down by disease, or suffering from wounds 
 received, and burying those who have fallen in 
 the bloody conflicts. No true patriotic Mis- 
 sourian would murmur at such an appropria- 
 tion ; men who have periled their lives for our 
 homes, for the preservation and perpetuation 
 of the Union, as our fathers made it, are de- 
 serving and entitled to our aid and sympathy. 
 
 The suggestions I have presented will, in my 
 opinion, if adopted, prove highly beneficial to 
 our State and her suffering people. All meas- 
 ures which tend to the fostering and protection 
 of her revenues, is highly important and neces- 
 sary. 
 
 " The revenue of the State is the State ; in 
 effect we are dependent upon it, whether for 
 support or for reformation.'' 
 Very respectfully, 
 
 Your ob't servant, 
 
 WM. S. MOSELEY, 
 
 Auditor. 
 See table A; also, table B. 
 
 Adair ... 
 Andrew 
 Atchison 
 
 [Table ^.] 
 Am'nt of Tax 
 list receipted 
 
 for 1861. 
 
 $ 4,682 85 
 ... 10,378 06 
 4,360 29 
 
 Amount paid 
 
 1861. 
 $ 4,682 85 
 
 4 Boon e 22,42277 12,90420 
 
 5 Caldwell 4,379 65 
 
 6 Cole 7,720 62 
 
 7 Crawford 3,115 45 
 
 8 Daviess 6,421 43 
 
 9 Gentry 3,979 16 
 
 10 Grundy 3,725 47 
 
 11 Harrison * 6,071 41 
 
 12 Henry 9,911 44 
 
 13 Holt 5,335 29 
 
 14 Howard 21,73069 
 
 15 Jefferson 6,180 85 
 
 16 Laclede 3,470 21 
 
 17 Lafayette 28,752 05 
 
 18 Lewis 10,051 10 
 
 2,745 17 
 6,409 89 
 
 4,818 33 
 
 19 Lincoln 10,260 18 
 
 20 Linn 4,886 81 
 
 21 Maries 1,837 20 
 
 22 Moniteau 6,866 47 
 
 23 Mercer 3,549 61 
 
 24 Monroe 12,463 61 
 
 25 Montgomery . . 9,535 25 
 
 26 Osage 4,106 61 
 
 27 Perry 5,408 10 
 
 28 Pettis 6,435 40 
 
 29 Pike 17,761 24 
 
 30 Putnam 4,112 33 
 
 8.062 87 
 9,569 00 
 15,438 30 
 14,662 83 
 6,016 98 
 5,607 45 
 275,549 04 
 7,095 01 
 4,835 50 
 5,590 99 
 1,881 17 
 
 31 Rails 
 
 32 Randolph 
 
 33 Ray 
 
 34 St. Charles ... 
 
 35 St. Fran9ois-. 
 
 36 Ste.Genevieve. 
 
 37 St. Louis 
 
 38 Shelby 
 
 39 Sullivan 
 
 40 Warren 
 
 41 Worth 
 
 1,256 60 
 2,625 28 
 
 3,362 88 
 1,123 34 
 
 8,995 36 
 
 4,147 77 
 195,393 98 
 
 4,921 25 
 
 Total amount . . . $604,220 74 $253,386 96 
 Dram shop licenses, paid by B. McSorley, col- 
 lector of St. Louis $ 9,13740 
 
 Insurance agency license, paid by 
 S. W. Eager, jr., collector of St.- 
 
 Louis 2,744 00 
 
 Dram shop licenses, paid by C. J. 
 
 Carpenter, collector of St.Louis, 14,157 15 
 
 Total paid into Tre'ry by 41 co's . . $279,425 51 
 including dram shop licenses of St. Louis 
 county. 
 
 [Table .] 
 
 The gross amount of revenue of 
 1861, chargeable against the va- 
 rious Collectors, up to this date, 
 (June 1st, 1862,) as per receipts 
 filed, in the forty-one counties re- 
 ferred to in table A, is $604,220 74 
 
 Amount paid into the Treasury, up 
 to above date, as per receipts of 
 Treasurer, including Defense 
 
 Warrants, is.... $253,386 90 
 
 Leaving a balance unpaid on the 
 taxes of 1861, (less commissions, 
 
 mileage, etc.,) of $ 350,833 78 
 
 [It is impossible, at this time, to 
 give the net revenue of 1861, as 
 the several Collectors have not filed 
 their delinquent land lists of that 
 year, and their accounts cannot be 
 finally balanced and closed up un- 
 til their proper credits are allowed. 
 In fact, many of the Collectors did 
 not receive and receipt for the books 
 of 1861 until after that year had ex- 
 pired ; some of them did not receipt 
 for the books till the month of May, 
 1862. The delinquent land and per- 
 sonal lists of 1861 will greatly ex- 
 ceed the lists of 1859 and I860.] 
 Amount of cash and Defense War- 
 rants received into the Treasury, 
 on the taxes and licenses of said 
 
 year, is 
 
 $253,386 96 
 
12 
 
 On diam shop licenses of St. Lou- 
 is, 1861, ( McSorley ) 9,137 40 
 
 On dram shop licenses of St. Louis, 
 1861 (Carpenter) 14,167 15 
 
 Foreign insurance licenses of St. 
 Louis, (S. W. Eager) 2,744 00 
 
 Total amount received in 1861, in 
 
 cash and Defense Warrants .... $279,425 51 
 
 Number of Defense Warrants issu- 
 ed up to the 1st of June, 1862, is- $720,000 00 
 
 Amount paid into the 
 Treasury up to said 
 date, is $94,265 00 
 
 Returned and cancelled 
 by Maj. Sawyer, Pay- 
 master Missouri State 
 Militia 2,175 00 
 
 Returned and cancelled 
 by Col. C. C. Marsh, 
 Paymaster Missouri 
 State Militia 335 00 96,775 00 
 
 Total amount of outstanding De- 
 fense Warrants, to June 1, 1862- $623,225 00 
 
 On motion of Mr. HALL of Buchanan, the 
 message was laid on the table and 200 copies 
 ordered to be printed. 
 
 On motion of Mr. BROWN, ifc was ordered 
 that the Secretary furnish each member with a 
 copy of the census of Missouri. 
 
 APPOINTMENT OF COMMITTEES. 
 
 Mr. HITCHCOCK offered the following: 
 
 Resolved, That the following standing com- 
 mittees be appointed by the Convention to take 
 into consideration the suggestions made by the 
 Governor : 
 
 First. A Committee on Elections, to consist 
 of five members. 
 
 Second. A Committee on Congressional 
 Districts, to consist of nine members. 
 
 Third. A Committee on Finance, to consist 
 of five members. 
 
 Mr. WFLCH. I move to amend by adding, 
 
 Fourth. A Committee on the State Consti- 
 tution, to consist of five members. 
 
 Mr. HITCHCOCK. I accept the amendment. 
 
 Mr. McFERRAN. I propose to amend by 
 
 adding, " a Committee on Militia, to consist of 
 five members." 
 
 Mr. HITCHCOCK. 1 will state, Mr. Presi- 
 dent, that in drafting that resolution it did not 
 appear to me, after listening to the message of 
 the Governor, that there was really any neces- 
 sity for such a committee, but, of course, it is 
 perfectly proper to appoint such a committee, 
 and I will therefore accept the amendment. 
 
 Mr. WELCH. I desire to offer another 
 amendment. Strike out the words "the Con- 
 vention," and insert "the President." The 
 object is simply this: I do not think it neces- 
 sary that the Convention should go into the 
 appointment of a committee. 
 
 The amendment was agreed to. 
 
 Mr. HOWELL offered the following as a sub- 
 stitute : 
 
 Resolved, That a committee of five be 
 appointed, to take into consideration and report 
 such committees as are necessary for the 
 Convention. 
 
 The substitute* was disagreed to. 
 
 Mr. MCFERRAN. I move to amend by 
 adding, "and Elective Franchise," after the 
 word " Elections," in the original resolution. 
 
 Mr. STEWART. I offer the following, as a 
 matter of information : 
 
 Resolved, That the Provisional Government 
 was constituted to get rid of traitors, and not 
 to discriminate between any class of citizens, 
 native born or naturalized. 
 
 The PRESIDENT. The resolution is notger- 
 main to the matter under consideration. 
 
 Mr. STEWART. I will withdraw it for the 
 present. 
 
 Mr. HITCHCOCK. I supposed that the Com- 
 mittee on Elections would embrace the subject 
 of Elective Franchise, but if there is any doubt 
 on the subject, I will accept the amendment. 
 
 The resolution as amended was then adopted. 
 
 On motion of Mr. ZIMMERMAN, the Conven- 
 tion adjourned to 9 o'clock A. M. to-morrow. 
 
 SECOND DAY. 
 
 JEFFERSON CITY, Tuesday, June 3. 
 The Convention met at 9 o'clock. 
 Prayer by the Chaplain. 
 
 A SUGGESTION. 
 
 Mr. BROWN. Before we proceed to the reg- 
 ular business of the day, I would like to make 
 a suggestion. At the last term of the Conven- 
 
 tion, we appointed a door-keeper, the regularly 
 elected door-keeper not being present. The 
 door-keeper that was appointed does not know 
 whether his appointment holds over or not. I 
 have no doubt it is the desire of every member 
 of the Convention that there should be unanim- 
 ity of feeling and action among us, and in order 
 
13 
 
 that we may secure it, I think we should keep 
 the corners well rounded up as we proceed. 
 I saw both these gentlemen here yesterday, 
 both of them, no doubt, competent and willing 
 to enter upon the discharge of their duties as 
 door-keeper. I do not consider it my prerog- 
 ative to say what course we should pursue in 
 settling the question, but I think I have a right 
 |o suggest that the thing should be amicably 
 settled, and that these men should know which 
 of them is entitled to the office. I was not 
 present at the last session, and I feel a little 
 like as if I was on probation myself, or on 
 ticklish ground. But I would suggest that 
 some gentleman introduce a resolution in refer- 
 ence to this matter, before we proceed further. 
 
 ANNOUNCEMENT OF COMMITTEES. 
 
 The PRESIDENT announced the following 
 committees: 
 
 Congressional Districts. Messrs. Broad- 
 head, Rowland, Doniphan, Henderson, Orr, 
 Phillips, Moss, Woolfolk, and Bogy. 
 
 Militia. Messrs. Stewart, McClurg, Jack- 
 son, Leeper, and Jamison. 
 
 Elections and Elective Franchise. Messrs. 
 McFerran, Hitchcock, Howell, Van Buskirk, 
 and Rankin. 
 
 State Constitution. Hall of Buchanan, 
 Breckinridge, Welch, Moss, and Pomeroy. 
 
 Finance. Douglass, Marvin, Collyer, Dunn, 
 and Zimmerman. 
 
 RESOLUTIONS AND PETITIONS. 
 
 Mr. STEWAKT offered a resolution, that all 
 men, whether civilians or soldiers, who have 
 been found in arms against the Government of 
 the United States, and all neutrals who have 
 given aid or comfort to the enemy, shall here- 
 after be disqualified to vote. 
 
 Referred to Committee on Elections. 
 
 Mr. DOUGLASS. I have a petition from cit- 
 izens of Moniteau county, which is in the 
 district I have the honor in part of represent- 
 ing. The petition is from the citizens of 
 Moniteau county who are in favor of disfran- 
 chising for the next twenty-one years all 
 citizens who have not been loyal to the United 
 States Government. In presenting this peti- 
 tion, it is proper that I should state that I am 
 personally acquainted with most of the gentle- 
 men whose names are signed to it. I know 
 them to be good and loyal citizens, of respect- 
 able standing in the community, and although 
 it is not proper that I should now offer my own 
 views on the subject, or as to what should be 
 the action of the Convention, yet, deeming that 
 
 the petition is at least entitled to a respectful 
 consideration, I move its reference to the Com- 
 inittee on Elections. 
 
 The PRESIDENT. It will be so referred. 
 
 Mr. EITZEN introduced a resolution in favor 
 of repealing an act of the Legislature concern- 
 ing the election of County Court Justices for 
 Gasconade county. Referred to the Committee 
 on Elections. 
 
 Mr. SCOTT introduced a bill providing that 
 before any person shall be allowed to vote at 
 any future election in the State, he shall be re- 
 quired to subscribe to an oath that he has not 
 taken up arms against the Government of the 
 United States or this State, or in any manner 
 aided or abetted the enemies of his country. 
 The oath shall be administered by persons pro- 
 perly qualified, and any failure shall be pun- 
 ishable with a fine of not less than ten dollars 
 and not more than two months' imprisonment 
 in the county jail. Referred to Committee on 
 Elections. 
 
 Mr. MCCORMACK introduced a bill providing 
 that the soldiers enlisted in compliance with 
 the call of the Governor for volunteers in 
 August last shall be entitled to receive pay for 
 the time they were actually in service in the 
 State. Referred to the Committee on Miiitia. 
 
 Mr. STEWART. I wish to offer an amend- 
 ment to the ordinance that has just been re- 
 ferred to the Committee on Elections, "and all 
 men violating said oath shall be shot or hung." 
 
 Mr. MEYER offered a resolution that H. C. 
 Warmoth, Doorkeeper at the last session of 
 the Convention, is entitled to his position. 
 Adopted. 
 
 Mr. COMINGO introduced a bill providing 
 that hereafter every candidate for any office 
 in the gift of the people of Missouri, before 
 his name shall be entered upon the poll books, 
 shall file an oath to the effect that he will sup- 
 port the Constitution of the United States and 
 this State; that he has at all times been loyal 
 and true to the Government of the United 
 States, and that he will not take up arms 
 against the Government of this State or the 
 United States, but endeavor to uphold, main- 
 tain and preserve both the State Government 
 and United States Government. 
 
 Mr. BROWN offered an amendment obligating 
 the candidate to loyalty hereafter. 
 
 Mr. STEWART moved to amend by inserting 
 in the oath, " I will support the United States 
 flag against all rebel flags." 
 
 The subject was referred to the Committee 
 on Elections. 
 
14 
 
 CLASSIFICATION OF MEMBERS OF THE SENATE. 
 
 Mr. WELCH. I notice that nearly all pro- 
 positions have been referred to the various 
 Committees, thus leaving the Convention with- 
 out any work to do until these committees shall 
 have digested the various subjects which have 
 been referred to them. In this manner several 
 days of the Convention will, in all likelihood, 
 pass away before any definite action or discus- 
 sion can be had upon the important questions 
 which, in all probability, will be brought be- 
 fore it. I have an amendment which I propose 
 to offer to the Constitution of the State, and it 
 is an amendment which embraces but one soli- 
 tary proposition, not requiring at all the inves- 
 tigation of any committee; and for the purpose 
 of giving the Convention something to do 
 while these matters are in the hands of Com- 
 mittees, I propose to offer this amendment to 
 the Constitution. I offer it for action now, 
 not because it is essential it should be passed 
 to-day or to-morrow, but it is a proposition, 
 sir, which is so simple in its nature as not to 
 demand the assistance of any committee. I 
 will state the object of the amendment, the ne- 
 cessity of which no one in this Convention will 
 more readily appreciate than the Hon. Presi- 
 dent. It will be remembered by you and by 
 myself, who were members of the General 
 Assembly at the period to which I refer the 
 session of December, 1858 that a serious and 
 protracted controversy arose in the Seriate upon 
 the subject of the classification of its members. 
 The Constitution of the State, as it has always 
 stood, provides for a classification of members 
 of the Senate, so that, as near as may be, that 
 body shall be divided into two classes, one-half 
 of whom shall go out at the end of every two 
 years. The object of that provision, I sup- 
 pose, was that at least one-half of the members 
 of the Senate should come fresh from the peo- 
 ple at every session of the Legislature. But, 
 sir, it so happened in the course of human 
 events that when the General Assembly met in 
 December, 1860, a majority of that body was 
 composed of new members; and when the pro- 
 position was introduced in regard to these new 
 members to classify them into two year and 
 four year members, and the new members, 
 having a majority in that body, refused to clas- 
 sify and to carry out the spirit of the new Con 
 stitution in that respect. Your Honor, no 
 doubt, will remember the exciting controversy 
 over that question as well as myself, and the 
 difficulty that arose from the want of a simple 
 provision in the Constitution which I believe 
 
 is attached to every other office provided for 
 in that instrument ; that is the provision which 
 declares that all members who should be elect- 
 ed to fill vacancies should serve out only the 
 unexpired term. But, unfortunately, in con- 
 nection with the Senate, that provision does not 
 exist, and those new members who constituted 
 a majority of that body fell back upon the 
 general provision of the Constitution, that all 
 Senators should be elected for a period of four 
 years. They claimed it under that provision 
 and refused to classify. I now, as we are near 
 the August election and we are to have an en- 
 tire new Senate, propose to introduce that 
 amendment to the Constitution which shall re- 
 quire that body to classify, and keep properly 
 classified, in order that one-half of that body 
 body may at every election come fresh from 
 the people and represent the wants of the 
 people. The object of the amendment is not 
 only to require a classification, but to perpet- 
 uate that classification. It provides that 
 when a member of the Senate shall be elected 
 to fill a vacancy he shall hold his office during 
 the unexpired term of the person whose seat 
 he occupies and for a no longer time. When 
 that provision shall be incorporated into the 
 Constitution, the scenes which we witnessed 
 in the Senate in 1858 can never occur again. I 
 presume this proposition needs no investigation 
 from a committee to determine as to its neces- 
 sity. The same provision exists in the Consti- 
 tution of the United States with regard to the 
 Federal Senate. That body has always classi- 
 fied ever since its organization. I, therefore, 
 submit this ordinance and ask the attention of 
 the Convention to it, as we seem to have 
 nothing else to do. 
 
 The ordinance was then read by the clerk 
 On motion of Mr. Ho WELL, the ordinance 
 was referred to the Committee on Constitu- 
 tion. 
 
 RESOLUTIONS. 
 
 Mr. ZIMMERMAN offered a resolution that, if 
 the Committee on Elective Franchise see proper 
 to report a bill disfranchising Southern sym- 
 pathisers, they also report a bill disfranchising 
 Abolitionists. In offering the resolution he 
 said : I offer that resolution in my own defense 
 and in defense of my own constituents. Should 
 entlemen of Southern feelings be disfranchised 
 and Abolitionists be permitted to vote, I fear 
 that the Abolitionists elected to the Legislature 
 might pass an act to deprive us of our slaves. 
 I own a few slaves and I do not want them 
 forced out of my possession. 
 
15 
 
 The resolution was referred to the Commit- 
 tee on Elections. 
 
 Mr. DOUGLASS offered a resolution that here- 
 after, in all elections in this State, the vote 
 shall be taken by ballot. Referred to Com- 
 mittee on Elections. 
 
 Mr. WELCH introduced a bill for the collec- 
 tion of the revenue, which was referred to the 
 Committee on the Revenue. 
 
 On motion of Mr. ROWLAND, the Conven- 
 tion then adjourned till 2 P. M. 
 
 AFTERNOON SESSION. 
 
 The Convention met at 2 P. M. 
 
 Mr. SMITH of St. Louis offered a resolution 
 that the Committee on Elections be instructed 
 to inquire into the expediency of postponing 
 the election of Governor, Lieutenant-Governor 
 and Secretary of State, until the regular time 
 prescribed by the Constitution for the election 
 of such officers. Referred to Committee on 
 Elections. 
 
 On motion, Messrs. BUSCH and MEYER were 
 added to the Committee on Finance, and Mr. 
 MCFERRAN to the Committee on Militia. 
 
 Mr. GRAVELLY offered a resolution that the 
 Committee on Elections inquire into the expe- 
 diency of permitting officers and soldiers in the 
 United States service who, at the time of enter- 
 ing were citizens of the State of Missouri, to 
 vote in their respective camps for candidates 
 for the different offices that may have to be 
 filled during the time such officers and soldiers 
 remain in service. Referred to the Committee 
 on Elections. 
 
 Mr. BROWN offered a resolution in favor of 
 releasing the citizens of the Kansas border 
 counties from the payment of their taxes for 
 1861 and 1862. 
 
 In offering the resolution Mr. BROWN said : 
 I have the honor to represent some of these 
 Border counties. We have had little else than 
 war since the unfortunate troubles of 1856. 
 Our people have become tired of war and they 
 desire peace. They desired it long since in- 
 side the Union and under the Federal Consti- 
 tution. As an evidence of that fact, there was 
 a majority at the last spring election of consi- 
 derably over SjOOO votes cast on the Union 
 ticket for a Delegate to the State Convention, 
 and I feel well assured in saying that I do not 
 believe 200 men now remain out of 7,000 voters 
 who have rot been robbed of almost every ves- 
 tige of property that they owned. They have 
 been robbed of negroes, wagons, horses, cattle, 
 
 the last milch cow, the last bed, the last par- 
 ticle of clothing, and some of their families are 
 entirely destitute and in a suffering condition 5 
 and I am satisfied that if it is in the power of 
 this Convention to relieve them they ought to 
 do it, and I have no doubt the members will. I 
 have introduced the resolution in order to bring 
 that thing about. 
 
 On motion of Mr. COMINGO, the resolution 
 was referred to the Committee on Finance. 
 
 THE DECEASE OF MR. TINDALL. 
 
 Mr. WOOLFOLK offered the following reso- 
 lutions in reference to the death of Colonel 
 Tindall : 
 
 WHEREAS, The calamities of war have de- 
 prived this Convention and the country of the 
 services on this floor of Colonel Jacob T. Tin- 
 dall, who fell at the head of his regiment on 
 Sunday, the 6th day of April, 1862, on the bat- 
 tle-field of Shiloh ; therefore, be it 
 
 Resolved, That in the death of Col. Tindall 
 this Convention has lost a valued member, 
 whose intellect and energy, patriotism and con- 
 servative views rendered him an able and effi- 
 cient member of this body. That by his un- 
 timely fall the nation has lost a devoted patriot 
 in the hour of her peril, the army a prudent 
 commander, the society in which he moved an 
 ornament, and his family an affectionate hus- 
 band and father. 
 
 Resolved, That in testimony of our apprecia- 
 tion of the deceased, and from due regard to 
 his memory, this Convention will now adjourn 
 until to-morrow morning at 9 o'clock, and that 
 the members wear the usual badge of mourn- 
 ing during the present session. 
 
 Resolved, That we tender the condolence of 
 the members of this body to the family and 
 immediate friends of Colonel Tindall in their 
 sad bereavement; that these resolutions be 
 spread upon the Journal of this Convention, 
 and that a copy thereof be prepared by the 
 Secretary and forwarded to Mrs. Emeline Tin- 
 dall, the wife of the deceased. 
 
 Mr. PRESIDENT : It has become my sad and 
 unexpected duty to present these resolutions 
 [published in yesterday's report,] upon this 
 floor. I deem them only a proper tribute to 
 the memory of one of this body who has gone 
 from our midst who has fallen in the dis- 
 charge of his duty as a patriot and a soldier. 
 
 The deceased united in himself many of those 
 qualities which win our admiration and love. 
 He was sincere, honest, generous, and full of 
 that noble modesty which, united to proper 
 
16 
 
 self-respect, lends such a charm to merit. Born 
 in Kentucky, in 1825, his parents removed to 
 Howard county, Missouri, during his early 
 youth, and afterwards removed to Grundy 
 county when he had reached about the age of 
 eighteen years. As a youth he was much loved 
 in the county in which he lived. He was quiet, 
 unassuming and diligent in the prosecution of 
 all his studies. 
 
 When the Mexican war broke out he at once 
 enlisted and served with honor in the position 
 of Sergeant-Major and acting Adjutant of his 
 regiment. When the war was over he com- 
 menced the practice of law in his own county 
 of Grundy, and soon won for himself a proud 
 name in his own and adjoining counties. His 
 integrity, his close application to business, and 
 his fine discriminating intellect, made him one 
 of the most successful advocates in the Grand 
 River Valley. The masses possessed entire 
 confidence in his honesty, and this fact gave 
 him a power before juries which few others 
 possessed. He had for several years prior to 
 our national difficulties stood at the head of 
 his profession in the Grand River Valley. At 
 the very commencement of this revolution he 
 took a bold stand in favor of the Union, and 
 when the Convention was called he was select- 
 ed by an overwhelming majority to this body. 
 When Sumter fell and the American nation 
 was called to arms, he was among the first to 
 rally at the call of his country. 
 
 I well remember an evening passed with him 
 about this period. It was just after the Camp 
 Jackson affair. The military bill had been 
 passed and Union men were falling away by 
 hundreds. Everywhere in the Slate confusion 
 was reigning. False reports as to the policy 
 of the Government were flying over the coun- 
 try. No Union man felt secure. The iron 
 hand of rebellion was upon us $ and a rebel 
 government had been erected in out- very midst. 
 I was gloomy almost despondent. In my 
 own city of Chilicothe two-thirds of the citi- 
 zens had suddenly become avowed secession- 
 ists, and the remaining one-third, with but few 
 exceptions, occupied ambiguous positions. 
 Tindall came to our city just at this period, on 
 his way to St. Joseph. He came to my office 
 and announced that the time had come when 
 we must fight on one side or the other. The 
 Union men must abandon their principles arid 
 enlist under the military bill, as passed by the 
 Legislature, or they must organize to resist it. 
 Brigadier General Slack had just offered him 
 the place of Brigade Inspector, with the proviso 
 
 that if he did not like this place he should have 
 any other he desired. But Tindall, true to his 
 principles, unhesitatingly refused his offers. 
 "I have made up my mind," said he to me, 
 "to resist this military bill, and battle on the 
 side of my Government, but I dislike to be 
 alone in my opposition. I am going to St. 
 Joseph for the purpose of seeing if the Union 
 men there and elsewhere will act with me in 
 my resistance to treason." I admired his 
 bold, decisive conduct. I felt that nature had 
 desUned him for a leader, and I unhesitatingly 
 pledged him my support, even if I should stand 
 alone. 
 
 After raising his regiment, he was for several 
 months stationed in the city of Chilicothe, and 
 his conservative course had a great influence 
 towards restoring peace to that distracted sec- 
 tion. The ultras who desire to use the strong 
 arm of military power for the purpose of 
 gratifying revengeful passions, found in him no 
 friend, and he pursued unwaveringly the path 
 of conservatism, regardless of the clamor of 
 men who called for acts of violence and wrong. 
 The ultras for a time endeavored to weaken 
 his influence by charges that he was courting 
 favor with the secessionists, and I shall never 
 forget his noble reply when he heard these 
 charges. "They may call me what they 
 please, but they shall not induce me to do 
 what I believe to be wrong." He was loved 
 by all good men, regardless of party; all felt 
 secure under his authority, so long as they 
 respected the Constitution and the laws. And 
 when his bleeding remains were borne from 
 the battle field of Shiloh, good men of all 
 parties followed him weeping to his grave. 
 He was one of those noble men whom we often 
 meet during these struggles, and whom I 
 always admire. Born in the South, he was 
 not a Union man from any hostility to slavery, 
 or from any sympathy with Northern States 
 in opposition to Southern States. He was a 
 Union man from principle and patriotism. He 
 abandoned his section for the sake of his coun- 
 try j but by his country he meant his whole 
 country not the Northern half of it and he 
 loved it all, from ocean to ocean and the lakes 
 to the gulf. 
 
 He has given the noblest proof of his patriot- 
 ism, for he has made the last only sacrifice a 
 patriot can make for his country. He led his 
 gallant regiment upon the bloody field of Shiloh, 
 and, belonging to Prentiss' Brigade, they stood 
 the first shock of battle. During the entire 
 day of the 6th of April, the gallant men of the 
 
17 
 
 Twenty-third Missouri were in the thickest of 
 the fight and nobly stood their ground against 
 superior odds. About four o'clock in the 
 evening, Tindall fell, at the head of his regi- 
 ment. I mourn his loss, but I could not ask 
 for him a nobler fate. 
 
 " Dulce et decorum, pro patria mori." 
 
 If there was a spot upon this green earth 
 where the patriot should desire to breathe out 
 his spirit, that spot should be tho battle field 
 of Shiloh. It will live in history as one of 
 those fields 
 
 " Where life is lost, or freedom won ; " 
 
 and around it will cluster those imperishable 
 memories that gather about such names as 
 Bunker Hill, Thermopylse, and Marathon. 
 Life is nothing ; it is the manner we spend that 
 life. The patriot never dies to soon who falls 
 in defense of his country ; but lives too long, 
 if he survive to wander amid its ruins. No ; I 
 could ask no nobler fate for the lamented dead ! 
 He knew no feeble sunset j 10 slow wasting 
 away of life; no emaciated form; no dismal 
 chamber of disease; but he fell at once in the 
 pride of his strength, like some green oak 
 shivered by the lightning's touch. He sunk 
 upon the tented field, with the blue sky above 
 him and the starry banner for his winding 
 sheet ; and his gallant spirit mounted aloft 
 from a death-bed of fume, as the freed moun- 
 tain bird soars to its eyrie. He has gone, but 
 gone in glory. With us remains the dirge 
 with him has ascended the paean of triumph. 
 He fell in the vigor of life, in the noon of his 
 fame just as he saw the star of his destiny 
 dawning brightly from the sky of fate. His 
 last words that were heard ringing along the 
 burning lines of battle, were words cheering 
 on his men to the conflict. He fell as a patriot 
 and a hero would desire to fall at the head of 
 his regiment, with the mighty hosts of freedom 
 battling around him, the banner of his country 
 over him, and the wild thunders of battle ring- 
 ing upon his dying ear. 
 
 The remains of the lamented Tindall have 
 been removed to his home, near Trenton, in 
 Grundy county, Missouri ; and there he reposes 
 amid the scenes of his early labors and tri- 
 umphs. He sleeps in the quiet village church- 
 yard, away from the busy hum of life far 
 away from the thunder of conflict, and no 
 darion note will ever more disturb his slumbers 
 or call him forth to battle. Let us hope that. 
 after life's fitful fever, he sleeps well." No 
 proud mausoleum marks his resting place, and 
 
 2 
 
 he needs none. His noblest monument has 
 already been erected in the hearts of his fellow 
 citizens. His lonely grave will long be treas- 
 ured in their memories, and will be a sacred 
 shrine to which votaries will often wander. 
 Peace to his ashes. May the undying laurel 
 of glory grow green over his grave. 
 
 When I remember, sir, all the gallant dead 
 that have fallen in this war, I feel that this 
 Government should be preserved in justice to 
 their sacrifices, if from no other motive. We 
 cannot abandon this struggle we cannot sub- 
 mit to a division of this Union without a 
 wrong, a deep and burning wrong, to the noble 
 men who have saciificed their lives to preserve 
 the integrity of this Government. Shall they 
 fall in vain? No, sir; it must not be! Let 
 us swear by our gallant dead that we will pre- 
 serve this temple of liberty as our fathers 
 made it ; or, if all is vain, that we will clasp its 
 crumbling columns and perish amid the wreck. 
 
 Mr. President, the traveller through the 
 Grand river valley is struck with its desolate 
 appearance. The country looks dreary and 
 deserted. The farm houses are often emp',y; 
 the villages are destitute cf their teeming pop- 
 ulation, and that once beautiful and populous 
 region is almost as lonely as the grave. Where, 
 sir, have the gallant men of that region gone? 
 Go to your armies of the Union, and you will 
 find them there. When Tindall raised his 
 regiment, the gallant men of Grundy, Harrison, 
 Linn, Sullivan, Putnam, Mercer. Daviess, and 
 Livingston, rallied at once to his standard. 
 They flocked to the banner of their country, 
 abandoning their farms in secession neighbor- 
 hoods, and leaving their property at the mercy 
 of jayhawkers. When the Eighteenth and 
 Twenty-fifth regiments were raised, the same 
 counties poured out their loyal hundreds, and 
 soon filled them to the maximum. When the 
 State militia were called for, the young men of 
 these counties were almost all in the field; but, 
 trus to their patriotic impulses, the old men 
 turned out and at once filled the First and 
 Third regiments of Missouri cavalry. 
 
 Sir, the gallant men of this section need no 
 eulogy from me. The bones of their heroic 
 dead are bleaching upon every battle-field of 
 the West. Tindall, one of their Colonels, 
 sleeps in the village churchyard in Grundy 
 county, Missouri. Peabody, the Colonel of 
 the Twenty-fifth regiment, reposes amid the 
 green hills of his New England home. The 
 Colonel of the Eighteenth regiment, and 
 McCullough, the gallant Major of the Twenty- 
 
18 
 
 third, together with many of their brave officecs 
 and men, are now incarcerated in Southern 
 prisons, because too fearless to turn their backs 
 upon the foe when deserted by other regiments 
 who should have stood with them in the hour 
 of danger. But many, very many, of these 
 gallant men have left their bones to bleach upon 
 the plains of Shiloh. While other States have 
 recorded the valor of their slain, these noble 
 men have gone down to the grave without an 
 epitaph. No marble monuments are over them 
 -no trump of fame breathed its elegiac tones 
 over their graves, but they sleep amid the wild 
 scenery of Tennessee, far from their loved ones, 
 and in a foeman's land, with no kindly hand to 
 scatter the flowers of affection upon their tombs, 
 and with only the whistling winds and the 
 chirping wild birds to chaunt their mournful 
 requium. But let them sleep on. They could 
 find no nobler bed than the field of their fame, 
 for it will be hallowed by a nation's gratitude 
 and a nation's tears. 
 
 Mr. SHANKLIN. Mr. President: I am im- 
 pelled by a sense of duty, upon this occasion 
 to give to this Convention, and to the country, 
 my testimony of the personal worth of the 
 lamented Colonel Jacob T. Tindall, late a 
 member of this body, and whose loss to this 
 council and to the State, we to-day deplore. 
 
 This duty, though it forces upon my mind 
 melancholy reflections of the sad fate of the 
 deceased, and of the sorrows and irreparable 
 loss to that portion of the State which he, in 
 part, so ably represented on this floor, is never- 
 theless rendered comparatively agreeable and 
 pleasant by the reflection that I but contribute 
 to the memory of one who was in every respect 
 worthy, and who, in that portion of country 
 where he was best known, was the people's 
 favorite.; and that whatever eulogium I may 
 feel inclined to indulge in upon this occasion, 
 will meet with a hearty response from all those 
 who knew him well. 
 
 For the last fifteen years, my relations with 
 the deceased were of the most intimate char- 
 acter, and for the last seven years of that time 
 we were partners in the practice of the law, 
 as well as our general business .; and being thus 
 devoted in friendship ami allied in interest, I 
 think I may safely claim that I knew him better 
 than any one else. We have often burned the 
 midnight oil together, prying into the intri- 
 cacies of the law, or poring over the musty 
 records of some entangled business transaction 
 which we had been engaged to straighten. To 
 him, more than to any other, am I indebted for 
 
 the little success which I have so far had in 
 this country. >Tis true, I claim to have accom- 
 plished what I have done by my own exertions, 
 but I take pleasure in acknowledging here 
 that I am largely indebted to the facilities 
 which my connection with him afforded in the 
 labors which, from time to time, I have under- 
 taken and accomplished. I might say, with 
 propriety, that to him, even more than to 
 books, am I indebted for the little legal know- 
 ledge which I have acquired. He loved to 
 converse upon intricate and nice points of law, 
 and always, in studying his cases, he would 
 seek the opportunity of conversing with some 
 one, with the view (as he often expressed it) 
 of "rubbing off the rust, and brightening up his 
 ideas'* upon the points which he had been re- 
 viewing. While to him, personally, I can now 
 make no recompense for his kindness towards 
 me, I can still contribute to his memory my 
 testimony of his many noble qualities, and of 
 his great personal worth. During the long 
 period of our intimacy, our relations were 
 never disturbed, and I never for a moment had 
 occasion to doubt the purity of his private life. 
 He was high-minded to a fault stern and in- 
 flexible in his demeanor, yet social and com- 
 panionable to all who were thrown in his way. 
 His idols were his family and his books. The 
 former he loved with a devotion worthy of all 
 imitation the latter were his boast, his pride, 
 and the solace of his leisure hours. He was a 
 man of enlarged and liberal views of public 
 policy a devoted patriot and friend to his 
 country a faiihful and energetic public ser- 
 vant, yet it was in the purity of his private 
 life that his rare excellence presented itself in 
 its most vivid colors to his intimate friends. 
 
 Colonel Tindall was a Kentuckian by birth. 
 His boyhood was spent in Howard county, 
 Missouri, from which place he removed with 
 his parents to Grundy county while the Grand 
 river country was yet a wilderness, and he a 
 mere youth of some eighteen years of age. 
 With but few of those advantages so essential 
 to enable young men of genius to qualify 
 themselves for a brilliant career, he com- 
 menced life for himself at that early age, and 
 adopting teaching for a support, he devoted 
 himself, during the leisure hours which that 
 profession affords, to the study of the law. In 
 1847 we enlisted together for " during the war/ ? 
 and continued in service in the "Indian Bat- 
 talion Missouri Volunteers," commanded by 
 Lieutenant Colonel Gilpin, until the close of 
 the campaign on the frontiers of Northern 
 
19 
 
 Mexico, in the fall of 1848. During that cam- 
 paign, the then young and ardent Tindall held 
 a responsible position in the service, being the 
 constant companion and having the unlimited 
 confidence of the commanding officer. Soon 
 after his return home in the fall of 1848, Mr. 
 Tindall was admitted to the bar, and soon took 
 rank with the foremost practitioners in the 
 Grand river country. His constant flow of 
 humor and sparkling wit will long be remem- 
 bered by all those of the profession who, from 
 that time until the present, have traveled around 
 the circuits in the Grand river country. That 
 he was a close thinker and accurate pleader, 
 and a man of fine energy in his profession, 
 those of the profession who have practiced 
 with him, as well as the records of the various 
 courts which he attended, will fully attest. 
 
 Called to the councils of the State when bare- 
 ly of the constitutional age, Col. Tindall serv- 
 ed one session in the Missouri Legislature with 
 distinction, but afterwards engaged but little in 
 politics until the late Presidential canvass. At 
 the commencement of the present deplorable 
 troubles in our State and Nation, he took strong 
 yet conservative grounds in favor of the pres- 
 ervation of the Union as our fathers made it; 
 and to his influence more, perhaps, than to that 
 of any other are we indebted for the over- 
 whelming Union sentiment in the Grand River 
 country. I knew his sentiments well, and I 
 bear willing testimony to his unswerving loy- 
 alty from the commencement of our complica- 
 tions. Elected to a seat on this floor by a large 
 majority, Mr. Tindall proved, as you will all 
 testify, to be one of your working members, 
 and the influence of his labors here in favor of 
 the rich heritage bequeathed to us by our pat- 
 riot sires the Constitution of the country and 
 the Union of the States will long be remem- 
 bered throughout the State. 
 
 While there was the least hope of a peaceful 
 adjustment of our complications, Mr. Tindall 
 was in favor of such adjustment; but when all 
 hope of a settlement other than by the arbitra- 
 ment of arms was lost when the " fl^g of our 
 country" had been insulted and made to trail in 
 the dust by traitors to a common heritage 
 when our own beloved Missouri was being led ' 
 with bold defiance into the vortex of rebellion 
 by traitors in high places, who had been select- 
 ed by the people as the guardians of their in- 
 terest?, but who, by perjury and corruption, 
 had bartered the sacred soil which they had 
 been selected to honor, protect and defend, to 
 the enemies of the Government of our fathers, 
 
 to be used as a battle-field to shield their own 
 polluted soil from dire calamities of war then 
 it was that the lamented Tindall entered the 
 service of his country, determined to do his 
 duty in the defense of her flag and of her cher- 
 ished institutions, and as the gallant comman- 
 der of the twenty-third regiment of Missouri 
 volunteers. For his administrative abilities and 
 conservative policy, as the commandant at the 
 post of Chilicothe during the past winter, his 
 services will long be cherished in North Mis- 
 souri. Upon the opening of spring, Col. Tin- 
 dall was ordered with his regiment to the field 
 of active military operations, and the morning 
 of the 6th of April, 1862, found his regiment 
 encamped on the turbulent Tennessee, at the 
 Pittsburgh Landing. Soon, the dread roar of 
 artillery was heard in the distance. The mor- 
 tal combat had commenced kindred of a com- 
 mon ancestry, led by heroic chieftains, had met 
 in mortal conflict, and the plains of Shiloh were 
 fast drinking up the life-blood of those who 
 were born of a common parentage, and were 
 destined by the God of Nature to share a com- 
 mon heritage. The noble twenty-third was 
 soon ordered to the field of carnage and blood, 
 and I learn with pleasure, from an eye-witnes^, 
 that not one faltered in the least. This regi- 
 ment was soon posted in the "thickest of the 
 fight," arid led by its heroic Colonel, it there 
 sustained the honors of the State, for hours, 
 against overwhelming odds. The gallant Tin- 
 dall, at the head of this noble band of Grand 
 River boys, sustained himself, for hours, with 
 that coolness and intrepidity which challenges 
 the " veteran upon the field." He continued 
 at his post until four o'clock in the afternoon, 
 when the leaden messenger, sent with the ra- 
 pidity of lightning and fearful aim, pierced his 
 heart, and soon the beloved Tindall was num- 
 bered among the slain on the fatal field of Shi- 
 loh. His remains were found upon the field by 
 his friend and late Adjutant, Lieutenant Ste- 
 phen Perry, who kindly conveyed them to his 
 home in Trenton, and there, in the " silent city 
 of the dead" of that quiet village, amid the 
 ashes of his parents and kindred, now lies en- 
 tombed the lifeless body of the once heroic 
 Tindall "my brave companion my noble 
 friend." 
 
 Mr. STEWART. I cannot forego the oppor- 
 tunity that is presented, briefly to commemo- 
 rate the virtues, the integrity, the honesty, and 
 the loyalty of him whose loss we now mourn. 
 During the time I have been a citizen of Mis- 
 souri since 1845, I believe I have known 
 
20 
 
 Col. Tindall, most of the time intimately. H( 
 was a particular friend of mine, from the fac 
 that he was loyal. He was ever true to the 
 Constitution and the Union. It made no dif 
 ference to him whether a man came from Ken 
 tucky, New York, or South Carolina. He wa: 
 that man's friend so long as he did not dishonoi 
 the flag which protected him. Sir, he entered 
 into this war because he was a patriot. He did 
 not enter it from selfish motives, or from the 
 belief that political capital could be made by 
 so doing. He offered up his life in behalf o 
 his country because he was actuated simply anc 
 solely by feelings of loyalty and of patriotism 
 to that Government. Sir, the memory of such 
 a man deserves to be honored. Let us, there- 
 fore, while we cherish his memory, endeavor 
 to imitate his example, and, as far as may be 
 walk in his footsteps. 
 
 Mr. BRECKINRIDGE. It was eminently pro- 
 per, sir, that the first words of sorrow spoker 
 in this hall because of the death of this good 
 man, should come from those who knew him 
 long and well before we, who were his associ- 
 ates in this body, knew him. It was eminent- 
 ly proper, sir, that the first words of sorrow 
 should be spoken, also, by those who were his 
 colleagues, and who owed it as a duty to them- 
 selves, as well as to the good people of this 
 Commonwealth whom they represent upon this 
 floor, more than to his memory for that speaks 
 for itself and justifies itself to speak the words 
 that have been spoken. But I am not willing 
 that to them alone shall be given the privilege 
 of saying kind words of such a man ; nor am I 
 willing that those good people, whom I have the 
 honor in part to speak f o .-, should be silent in 
 view of what I deem, and what I know they 
 deem, so great and real a cause of sorrow. 
 
 It was not my privilege, Mr. President, to 
 know Col. Tindall until I met him here as a 
 member of this body, and though his name had 
 reached me as the names of others had, no 
 public circumstances had so directed my atten- 
 tion to him as to give me occasion to know his 
 many and great virtues. When I first saw him, 
 I was drawn instantly to him by his frank man- 
 ner, by his manly character, and by the constant 
 proofs of his clear and wise thought, and cool, 
 calm courage ; and it was not long until I saw 
 that there, indeed, was a man who, while he 
 would certainly always discharge with fidelity 
 his public duties, however responsible, would 
 never fail to adhere to the right ; that he was 
 one of that rare class whom wise men seek to 
 bind to them with hooks of steel. 
 
 He was kind enough, I am glad to say, to ad- 
 mit me to his confidence and friendship, and I 
 can truly say, in view of the trying responsi- 
 bilities and arduous duties through which the 
 members of this body have passed ; through all 
 the conferences in which it was my privilege 
 to meet him at all times when I sought his 
 counsel and that of other wise men I never 
 knew him falter, doubt or hesitate a moment 
 except in the earnest anxiety with which he 
 sought to know a patriot's path of duty. Hav- 
 ing found that, it seemed his only desire calm- 
 ly, courageously and constantly to walk in it. 
 And so, sir, I knew that when we heard from 
 that great battle-field, in which he led a band 
 of brave men, distinguished among a multitude 
 of heroes steadily advancing against the ene- 
 mies of his country, to assert his and our 
 rights we would hear the intelligence of no- 
 ble deeds well done ; and when the sad news 
 came with the lightning's flash that he was 
 dead, it was not necessary to inquire how he 
 died, for I knew that he died nobly. We in- ' 
 dulge too often in indiscriminate and fulsome 
 eulogy of the dead and, indeed, it is a natural 
 and a generous error but when such a man 
 dies, leaving the fruits of such a life as he led, 
 even if we consider only the last few months of 
 it, the truth, which is his best eulogy, should be 
 spoken ; we should treasure his memory, not 
 only as a jewel of friendship, but as one of the 
 priceless things belonging to the commonwealth 
 itself, rich in its example to all her sons. 
 
 It seems to me, that now and here I hear his 
 noble voice rising in exhortation to those brave 
 men in arms who followed him upon the battle- 
 field his blood enriched ; and to those also who 
 pursue that noble calling, and are here in their 
 seats upon this floor, admonishing them, as they 
 love their duty and their country, and as they 
 desire to serve truly the God that made and 
 blesses them, to see well that they remember 
 and emulate his example. And to us, sir, who 
 have not chosen those pursuits to us who, in 
 :he walks of civil life, have resting upon us 
 responsibilities and duties, which, while he 
 ived, we shared with him, and now that he is 
 dead, inherit from him, just as high, and great 
 and noble, if well discharged, as those in which 
 le lost his life to you, sir, and to me, I think 
 [ hear his voice exhorting us to seek with con- 
 stant, earnest, patient care, to find where duty 
 calls us, and there constantly and faithfully to 
 walk. 
 
 I cannot enter, Mr. President for time 
 would fail me nor is it a pleasant occupation 
 
21 
 
 at such a time when only tender thoughts fill 
 and touch the heart into an analysis of the 
 character of this good man. 1 will only say 
 that I found him to be one of those men of 
 simple, truthful nature of high, true courage 
 calm, clear thought, and modest, but assured 
 confidence in himself, without which, perhaps, 
 no great achievements are possible. I found 
 him failing in nothing required of him here, 
 ready to do all with perfect courage that duty 
 dictated. Deeply do I deplore his loss to his 
 family there, indeed, is a loss of which we 
 cannot speak for no man knows how great 
 the gap, how terrible the gulf made in his 
 family, bound to them, as he was, by a life of 
 purity, tenderness and manly duty, well per- 
 formed. You speak words of consolation, and 
 no doubt they will be kindly received and 
 gratefully treasured, but for all else they are 
 idle, because they have no real power of con- 
 solation. Much, also, do I deplore his loss to 
 
 this body and to the commonwealth, and to the 
 whole nation, which now sadly needs the ser- 
 vices of all its best servants. And yet, I cannot 
 from my heart think but that it is best for him 
 that it is so, for it is one of the greatest bless- 
 ings G-d can give to a noble man, to per- 
 mit him to be found doing his duty fully a* 
 the hour of death ; to allow him to serve his 
 country, and to testify his love for it by offer- 
 ing his life in its defence ; and just in propor- 
 tion as He calls upon him for great sacrifices, 
 is the blessing great. 
 
 I cannot add anything more to what I have 
 already said upon the impulse of the moment. 
 I have felt it to be my duty, not only personally, 
 but in behalf of those for whom I speak, to say 
 this much at least. I earnestly second the res- 
 olutions. 
 
 The resolutions were then adopted, and the 
 Convention adjourned. 
 
 THIED DAT. 
 
 JEFFERSON CITY, 
 Wednesday, June 4, 1862. 
 The Convention met at 9 o'clock. 
 Prayer by the Chaplain. 
 The roll was called and sixty-six members 
 answered to their names. 
 
 A DUPLICATE CERTIFICATE. 
 
 Mr. PIPKIN offered the following : 
 Resolved., That the Committee on Accounts 
 be instructed to issue to James C. Powers, 
 Sheriff of Jefferson county, a ceitificate for 
 $66, that being the amount issued to Philip 
 Pipkin at the last session of the Convention by 
 certificate, which is lost, mislaid, or destroyed. 
 Mr. President : I have the affidavit of Mr. 
 Powers, Sheriff of Jefferson county, as to the 
 loss of that certificate. I will state to the 
 Convention that, in the payment of my tax in 
 the county of Jefferson, I paid over to the 
 Sheriff the certificate which I received for my 
 services as a member of this Convention at the 
 last October session. The Sheriff informed 
 me, a few weeks ago, that it was lost ; that 
 when he came to pay over the revenue he sup- 
 posed that he had the certificate, but found that 
 it was lost or mislaid, and, therefore, he could 
 not get credit for the amount. 
 
 The PRESIDENT. A duplicate certificate 
 for the amount will be issued, if there be no 
 objection. 
 
 No objection was made. 
 On motion of Mr. POMEROY, Mr. McClurg 
 was added to the Committee on Congressional 
 Districts. 
 
 Mr. MCFERRAN stated that the Committee 
 I on Elections would not be able to report before 
 j 3 o'clock P. M., and the Convention accordingly 
 i adjourned to that hour. 
 
 AFTERNOON SESSION. 
 
 The Convention met at 3 P. M. 
 
 Mr. ALLEN offered the following : 
 
 Resolved, That we repudiate and eschew the 
 agitation of the slavery question in the State 
 of Missouri at the present time. 
 
 Referred to the Committee on the Constitu- 
 tion. 
 
 SEATS OF MEMBERS TO BE VACATED. 
 
 Mr. BRIDGE offered the following: 
 
 WHEREAS, this Convention has sufficient 
 
 evidence before it of the disloyalty of certain 
 
 members who have absented themselves from 
 
 its deliberations heretofore, and are now, and 
 
22 
 
 have been for months past, absent from the 
 State and residents of the so-called Confeder- 
 ate States, where they have been and are now 
 engaged in a wicked and traitorous attempt by 
 force of arms to destroy the lawful authority 
 of the United States Government as well as 
 the Provisional Government of this State; 
 therefore, be it 
 
 Resolved, That self-respect and a sense of 
 justice to the people of certain districts in this 
 State which are entitled to a full representation 
 in this Convention, impel us to declare the seats 
 of Sterling Price, of Chariton county, Robert 
 A. Hatcher, of New Madrid county, Robert 
 W. Crawford, of Lawrence county, V. B. Hill, 
 of Pulaski county, John R. Chenault, of Jas- 
 per county, and Uriel Wright, of St. Louis 
 county, vacant, and that their names be struck 
 from the roll of this Convention. 
 
 Mr. PIPKIN moved to add'the name of W. W. 
 Turner. 
 
 The motion was accepted. 
 
 Mr. LEEPER moved to add the name of Gen. 
 Watkins. 
 
 The motion was accepted. 
 
 Mr. WELCH. I move to refer the resolution 
 to a select committee to consist of seven mem- 
 bers. 
 
 The motion was agreed to. 
 
 The President appointed as the Committee 
 Messrs. Bridge, Allen, Busch, Calhoun, Eit- 
 zen, Gravelly, and Isbell. 
 
 SUPREME COURT DECISIONS. 
 
 Mr. POMEROY offered the following: 
 
 Resolved, That the Secretary of State be and 
 is hereby authorized to forward to the Clerk 
 of the Phelps Circuit Court, for the use of the 
 county, a full sett of the bound volumes of the 
 Supreme Court Decisions of the State of Mis- 
 souri. 
 
 I desire to say to the Convention that Phelps 
 county has never received these Reports. We 
 are entitled to them, but the Secretary of State 
 is not willing to forward them unless author- 
 ized to do so by the Convention. 
 
 Mr. BRECKINRIDGE. Is there not a law 
 already existing which provides for what is 
 here proposed? 
 
 Mr. POMEROY. I think so. 
 
 Mr. BRECKINRIDGE. What then is the use 
 of passing this resolution ? 
 
 Mr. POMEROY. The Secretary of State does 
 not feel authorized to send them under the ex- 
 isting act. 
 
 The subject was referred to a select com 
 
 mittee, consisting of Messrs. Pomeroy, Smith 
 of Linn, and Welch. 
 
 DISFRANCHISING PROPOSITION. 
 
 Mr. MEYER offered the following : 
 
 Resolved) That the citizens of this State who 
 have by their own acts expatriated themselves 
 ought not to be permitted to vote at any future 
 election or hold office, unless restored to their 
 citizenship by proper legislation, and that an 
 ordinance to this end should be adopted by 
 this Convention. 
 
 Resolved, That the Convention should pass 
 an ordinance defining the crime of conspiracy 
 against the people of the State, and providing 
 for the punishment of all persons engaged in 
 such crime by fine and imprisonment according 
 to the nature and degree of the crime com- 
 mitted. 
 
 Mr. MEYER. Mr. President: Since civil 
 war has been inaugurated in this State, an im- 
 mense amount of valuable property has been 
 taken from this State to the so-called seceded 
 States, and this, too, has been done in direct 
 violation of the President's proclamation, dated 
 at the City of Washington, August 16th, 1861. 
 
 Among the property taken south, it is esti- 
 mated that from 30,000 to 40,000 slaves from 
 this State have been taken away. Aside from 
 the wrong done in thus breaking the laws of 
 Congress and the proclamation of the Presi- 
 dent, which forbid the intercourse between the 
 people of loyal and the people of the rebellious 
 States, there is a greater wrong of which I 
 complain. It is the wrong done our own Slate 
 and the aid and comfort given to the rebels. 
 The State of Missouri will lose the labor of 
 those negroes in tilling the soil, and the taxes 
 which would have been due on them. This, at 
 the present crisis, is no small matter. But in 
 the proportion in which we lose, the rebels 
 gain. They acquire that number of new hands 
 to till the soil or to build fortifications for 
 them. Is not that a serious matter for the 
 people of this State to consider? And yet I 
 have but mentioned one of the smallest items. 
 la it not time that something should be done to 
 check the career of those who have thus, and 
 are yet, daily aiding and abetting the enemy 
 in this manner? I think it is. 
 
 Most of these men return after having, as 
 they believe, taken their property to some 
 place of safety, or out of the reach of law for 
 the time being. They return, sir, to do what? 
 Why to murder, rob in fact, to commit every 
 outrage know in the calendar of crime. Am 
 
23 
 
 I wrong in this, or am I overdrawing this pic- 
 ture ? Go look at the desolation throughout 
 the State : see the whitening bones of the mur- 
 dered at the roadside. Why are they there ? 
 Because they loved their country, obeyed its 
 laws, and were true patriots that desired no- 
 thing but the preservation of the Constitution 
 bequeathed to them by their fathers. And see 
 the blackened walls of burnt houses. Who has 
 done all this ? Mostly men who have taken 
 their all to the South, aided by that class of 
 men that say they sympathize with the South. 
 When arrested they say we have done nothing; 
 true, our sympathy is with the rebels, but we 
 have done nothing. * Now, sir, I think those 
 men should be taught that they must do some- 
 thing, and that that something must be an un- 
 conditional support of the Constitution and 
 laws of our country, as declared by the people, 
 and not as they choose to interpret it. 
 
 Persons have returned and are daily return- 
 ing to this State to take the oath, and with that 
 oath fresh on their lips, and with a copy of it 
 in their pockets, they are doing what ? Why, 
 sir, they are doing that which will turn the 
 fair State of Missouri into complete desolation 
 and waste. I ask protection of you for the 
 thousands of women and children of our be- 
 loved State. They must be protected, and you 
 must do it. I am tired of calling out mercy 
 when there is none to be returned. Do they 
 show mercy to our soldiers and to loyal men? 
 Is it not a daily occurrence that you read of a 
 soldier being assassinated in some part of the 
 State, or that Union families have been robbed 
 and driven from their homes? We hear this 
 daily ; yet I am told to have mercy. I myself 
 have heard over and over again, from rebels 
 themselves, that they paid no regard to their 
 oath. Do we not all know officers who have 
 come forward and taken the oath in order to 
 retain their offices, lose no opportunity to abuse 
 the Government ? How they laugh when a 
 reverse befalls us ! Yes, laugh with that laugh 
 taught them by his Satanic Majesty to fully 
 express their hellish joy. 
 
 I am happy to state, sir, that I have always 
 been opposed to test oaths. I was one of the 
 nine members of this body that voted againsl 
 the oath, and in favor of turning all out. Loya 
 men might then have been re-appointed, anc 
 we should not now have traitors in office. The 
 rebels have, by their acts against the expresset 
 law of the Government, and against the wish 
 and desire of the loyal people of this State 
 added to taxable property of States in rebellior 
 
 and committed untold outrages. I desire to 
 enow, sir, and the people desire to know, if 
 hose traitors shall be permitted to return to 
 his State and escape free? Shall they be put 
 on equality with those of our citizens who, in 
 lefense of our Government, have spilt their 
 blood and offered their all upon the altar of 
 heir country? Shall these patriots be upon the 
 same footing with the traitors? I say, No! 
 And the loyal people of our State will proclaim 
 in thunder tones, No ? But, sir, from the num- 
 ber of secesh sympathizers that have been ap- 
 pointed to high places, one would almost come 
 to the conclusion that those that have been un- 
 conditional Union men from the commence- 
 ment, and true through life, are to stand aside 
 hereafter to give place to those sympathizers ; 
 and if, perchance, you desire to know the rea- 
 son of their appointment, the answer is, " Oh! 
 they are Union men, but only sympathize with 
 the South ! " Something, sir, must be done ; 
 this class of traitors are organizing over our 
 State again to commit their hellish deeds. Can 
 we be blind to the signs of the times ? Have 
 you seen the extracts from Southern papers ? 
 Sir, have you read the act of the rebel Congress 
 legalizing guerrilla warfare and bushwhacking, 
 only another name for murder and robberies? 
 Shall we lie idle and let this terrible scourge 
 come over us. The meanest beast and the 
 greatest coward fights in self-defense. Shall 
 this great State stand still and await to re- 
 ceive her death blow ? or shall we now prepare 
 to meet the emergency, strengthening our mili- 
 tary by passing such laws as will protect good 
 citizens and bring sure punishment to the 
 guilty? I know that rebel sympathizers talk 
 to us of forbearance ; they say we must bring 
 back these misguided men by kind words Oh, 
 surpassing charity ! ever flowing milk of hu- 
 man kindness ! Bat do they themselves prac- 
 tice it ? I point, sir, to the refugees who came 
 through snow and ice and rain, in the middle 
 of an inclement winter, driven away by these 
 charitable chivalry these men, so sensitive of 
 their honor, so generous. Go ask the little 
 children who, barefooted, waded through the 
 snow to escape them ! Go ask the Union men 
 everywhere j ask them, I say, and see if they 
 reply that mercy was shown them. Secession 
 sympathizers may, on the other hand, point to> 
 jayhawking on our western frontier outrages 
 committed on our citizens by men acting as 
 officers in the army of our Government. My 
 reply is, that they are no better than rebels. 
 But the leaders of this rebellion are also re- 
 
24 
 
 sponsible for those crimes. If the}' had not 
 brought these troubles upon Ihe State, we 
 sho ild never had cause to complain of evil dis- 
 posed citizens of neighboring States. As a 
 case in point to my argument regarding the 
 danger from a guerrilla warfare, I would call 
 the attention of this Convention to the follow- 
 ing facts: A short time ago a Government trail), 
 as well as the United States mail, was robbed 
 a few miles from Rolla. Four of the party 
 were subsequently arrested by our military. 
 They confessed that they had robbed the mail 
 and destroyed the train, but gave as an excuse 
 that it was done by order of Colonel Coleman, 
 who derived his authority from General Price, 
 of the Confederate army, to organize guerrilla 
 bands for Missouri. 
 
 Here, sir, is the fact established ; we are to 
 have a renewal of the past outrages in our 
 State j again our commerce, our manufacturing 
 and agricultural interests are to lie dormant. 
 Life and property are again to be placed 
 in the hands of a set of rascally and des- 
 perate traitors, who are too cowardly to meet 
 our army on the open field, and whose grand 
 object is only to satisfy their hellish desire for 
 blood and plunder. Again, sir, I ask for pro- 
 tection, by a law from this Convention j now 
 is our time to give to the people this protection. 
 In a few months it will be too late; an outraged 
 people will take the matter in their own hands, 
 and then woe ! thrice woe! to our State. 
 
 Mr. President, we do not alone want a law 
 passed by this Convention, declaring these way- 
 laying assassinations a hideous crime, and pun- 
 ishing such as are engaged in any manner in 
 aiding and concealing the guilty, to the full 
 extent of our constitutional limit ; but we also 
 want a proper disposition made of those who 
 have taken their property from this State to 
 aid and abet the rebellion. 
 
 Shall they, after the strong arm of our Gov- 
 ernment has crushed this rebellion, be permit- 
 ted to return and bring back their negroes ? I 
 trust not. I do not believe they ought to be 
 regarded as citizens, and their slaves ought 
 never to be permitted to return to them in 
 this State. All those that have taken their 
 effects south should be declared aliens and 
 not enjoy the right of citizenship again until 
 they comply with our alien laws. This Con- 
 vention ought to make and declare all such 
 aliens. 
 
 The resolutions were referred to the Commit- 
 tee on Elective Franchise. 
 
 Mr, STEWART offered the following: 
 
 
 
 Resolved, That our soldiers have got the guns 
 in their own hands, and they ought to keep them 
 until the rebellion is over. 
 
 Mr. POMEROY offered a bill punishing, by 
 fine and imprisonment, any person or persons 
 who shall hereafter wilfully disturb any court 
 of record in this State when the same is in 
 session. 
 
 Referred to the Committee on Constitution. 
 
 EXEMPTING COUNTIES FROM TAXATION. 
 
 Mr. COMINGO introduced a bill releasing the 
 citizens of Cass, Jackson, and Bates counties 
 from the payment of their State taxes for the 
 years 1861 and 1862. He.said : 
 
 There may be some little impropriety in my 
 offering this ordinance at this time, inasmuch 
 as my colleague offered a resolution yesterday 
 looking to the same object, which was referred 
 to the Committee on Finance; but knowing 
 that the committees will be pressed with the 
 work that is before them, I have drawn up the 
 ordinance which has been read. HThe ordi- 
 nance, I have no doubt, strikes the mind of the 
 members of the Convention as being rather 
 extraordinary, and I am free to confess that 
 at first blush it does look as though it were 
 extraordinary; but there are facts which, it 
 seems to me, if thoroughly understood by 
 members of the Convention, will divest it of its 
 extraordinary appearance, and give it the 
 semblance of justice, and that will show that, 
 in asking this for these counties, I am not ask- 
 ing more of the Convention than it becomes 
 their duty to grant us. I do not appear before 
 this Convention with any impracticable propo- 
 sition, but 1 come before you with the utmost 
 good faith, and believing it is due to the people 
 of these counties that they should receive what 
 is demanded by this ordinance. It perhaps 
 looks as though the people of the counties of 
 Jackson, Cass, and Bates, were asking at the 
 hands of this Convention a peculiar favor, but 
 it does not so appear to my mind. We ask no 
 special legislation, and we would not come 
 before this body were not our cause a just one. 
 We do come before this body as the only one 
 which can afford the relief which is demanded. 
 
 When the people of any community, or of 
 any State, agree to pay taxes, they do it with 
 the express or implied understanding that they 
 shall receive certain benefits in return. One of 
 these benefits is protection of their property. 
 Now, I presume the people of Jackson county 
 are not disposed to complain of the Govern- 
 ment of Missouri for the non-fulfillment of its 
 
25 
 
 obligations and duties. I presume the Govern- i not confine itself to those whom we now term 
 ment of Missouri did all in its power to protect i disloyal, but it is universal. The men who are 
 the people of these counties against the injuries the most loyal have suffered as much as those 
 which they suffered. We are not disposed to I the most disloyal. In some instances, men the 
 complain of the Government of Missouri, or most disloyal have escaped, while the most 
 ask to be discharged from the fact that Missouri i loyal have suffered. The whole community 
 has not done what she promised to do. Buf, ' has suffered not, sir, from one party alone 
 
 sir, we come before you on the ground that we 
 believe the counties named in the ordinance are 
 
 I would not make such a remark, because it is 
 not true as a matter of fact. But, sir, we have 
 
 unable to pay their taxes ; and we believe, ' suffered from both parties. We do not hold 
 furthermore, that the people of these counties up these grievances as being worthy of redress 
 ought not to be required to pay their taxes because we have suffered from one or the other 
 during the present year. They are very greatly party, but we ask it as a matter of justice. I 
 indebted to each other; almost every man in j care not from what source the injury came. 
 
 those counties is more or Jess in debt. The 
 farmer or the mechanic is indeb f ed to his mer- 
 chant, and the merchant is indebted to the 
 wholesale dealers in St. Louis and elsewhere. 
 I do not mention this as an excuse for the non- 
 payment of Iheir taxes, but to show their con- 
 
 Within the past few months, property in these 
 counties has depreciated and been greatly 
 diminished. An immense amount of property 
 has been taken from the people of these coun- 
 ties property that was assessed for 1861, and 
 upon which the taxes have not yet been paid. 
 
 dition, and that in consequence of this very I During the months of December, January, and 
 
 great indebtedness they are less able to pay the 
 taxes which are due the State of Missouri. 
 Now, sir, what are the facts with regard to 
 
 February, from time to time, immense caval- 
 cades of mules, horses, wagons, and almost 
 every imaginable kind of property, was 
 
 the people of these counties? I do not think removed from these counties out of the State, 
 that because of the indebtedness which hangs j ana< it will never be returned. For mile? and 
 over them, growing out of their own contracts I miles the road would be lined with the property 
 with their fellow citizens, that they ought to j of the citizens of these counties which had been 
 ask or receive favors from this Convention 5 i removed from them by force and violence, and 
 but the facts are, that they have been disabled j which has never yet been returned and never 
 by certain circumstances which have occurred 'will be. Not only have they been deprived of 
 within the past year, not only to pay their I this property immense numbers of slaves, 
 ordinary debts contracted with their fellow , horses, mulea, wagons, and all that but they 
 citizens, but they have been disabled from the i have been deprived of the very necessaries of 
 payment of this heavy debt to the State of i life. Their houses have been entered, and their 
 Missouri. It is well known, I presume, to you, I silver ware, jewelry, bed clothing, and the 
 Mr. President, that the people of these counties clothing with which they covered their naked- 
 
 have suffered more from the violence of the 
 times than any other counties in the State of 
 Missouri, unless it should be those in the ex- 
 treme south-east and west. Men who, months 
 ago, were in affluent circumstances, who had 
 
 ness, have been taken from them, and they have 
 been left utterly destitute. Their homes have 
 been made desolate ; the houses which sheltered 
 them from the storms have been burned, they 
 being first driven from them in midwinter, and 
 
 an abundance to spare of the good things of left destitute of the very necessaries of life, 
 this world, are now reduced almost to a state The value of their real estate has thus been 
 of poverty. Men who hitherto have not known 
 what the word "want" meant, so far as their 
 
 greatly diminished. I might safely say that 
 one thousand families in these three counties 
 
 own circumstances were concerned, are now ! have been deprived of the necessaries of life, 
 
 reduced to the most extreme want, and have 
 
 not the means to procure for themselves such 
 
 not only of clothing and food, but of the houses 
 which hitherto sheltered them from the storms, 
 things as are necessary for their subsistence ' and in which some of them had invested the 
 and that of their families. Do you ask under ' earnings of half a life-time. Ride through these 
 what circumstances they have been thus re- counties now, and I defy any man to go twenty 
 duoed? Has it been on account of any profli- | miles in any direction without seeing incon- 
 gacy or by their own acts? Perhaps, in some testible evidence of the violence that has pre- 
 
 instances, they have been guilty of acts of 
 disloyalty, but this condition of affairs does 
 
 vailed throughout their length and breadth. 
 As a matter of course, sir, these people who 
 
26 
 
 have been thus impoverished are unable to pay 
 their taxes. Not only have they thus been 
 deprived of their property, but they have been 
 insulted and injured and outraged, without 
 regard to party or sex. Perhaps I should not 
 allude to this ; but I will add, that, without 
 regard to sex, they have sustained injuries and 
 insults which time can never efface. Ladies 
 have been cursed at their own doors and fire- 
 sides, forcibly ejected from their own houses, 
 and offered every other indignity and outrage 
 that the human mind can conceive of. This I 
 mention as a part of the history of the times 
 to show how these people have suffered. But, 
 without alluding further to these personal 
 indignities, of which they have a right to com- 
 plain, I will refer you to the value of their 
 property which was taxed in 1861, of which 
 they have been deprived by violence, and upon 
 which these people are all liable to pay taxes 
 unless this ordinance should pass. According 
 to the best estimate that can be made of such 
 property, it falls not far short of $5,000,000. 
 It is estimated from $4,500,000 to $6,000,000 ; 
 but from the best estimate I can learn, the 
 property that has been taken from individuals 
 amounts to at least $5,000,000. 
 
 The injuries of which I have spoken have 
 been inflicted upon individuals. Every indi- 
 vidual in the community has not suffered 
 directly, but the whole mass of the community 
 has suffered indirectly, and as a matter of 
 course the entire community must feel the loss 
 directly or indirectly. The effect has been to 
 crush out the energies of that people. You 
 find scores of farms that are not under cultiva. 
 tion. Not one acre in twenty in those counties 
 is under cultivation. But few farmers in those 
 counties will be enabled to raise enough to 
 sustain themselves. Many must suffer from 
 want unless they have something remaining 
 from the past year, for they will not be able to 
 sustain themselves by the products of the 
 present year. Many cannot cultivate their 
 garden spots without borrowing stock and tools 
 for so doing. Now, what do a people in that 
 condition deserve from this Convention or from 
 the people of Missouri? Should they be re- 
 quired to pay taxes on millions of dollars of 
 which they have been deprived? Is it just 
 that they shall be required to pay taxes upon 
 $5,000,000 which has been taken from them ? or 
 is it not more just and equitable to the people 
 of those counties to say, we demand nothing 
 of that sort? It is true, sir, the whole State 
 has suffered from this civil war, but upon the 
 
 people of these counties it has fallen, I think, 
 with more terrific force than anywhere else. 
 
 In times of peace, when the cry of distress 
 has come from other quarters, when our kindred 
 of the South have been visited by "the pesti- 
 lence that walks in darkness and the destruction 
 that wastes at noon-day,'' the people of this 
 State have cheerfully contributed to their 
 wants ; and now, when these people, citizens 
 of this commonwealth, have suffered from the 
 evils- of war, will the people of the State turn a 
 deaf ear, and refuse to give them the aid and 
 relief v/hich is demanded as a matter of justice ? 
 I trust nothing of this sort will be done. It 
 would seem to me as a terrible injustice to say 
 to them, "pay me all thou owest" to say to 
 the people of these counties, we require the 
 utmost, the last cent due, even under existing 
 circumstances. I trust, although I may feel 
 differently on this subject although my desire 
 may mislead my judgment I trust the only 
 answer that will be given to the ordinance will 
 be a hearty yea and amen. I should regret 
 exceedingly if it should be otherwise. If the 
 ordinance should be referred, I trust before we 
 shall adjourn the committee will give it the 
 consideration which I think it merits. 
 
 Mr. MCDOWELL. I move to amend by in- 
 cluding the counties of Bade, Jasper, Burton, 
 and Cedar. 
 
 Mr. ORR. I move to amend by including all 
 the counties composing the Sixth Congression- 
 al District, except Gasconade, Osage, and Ma- 
 ries. I believe the proposition of my friend 
 from Jackson is correct. I believe that a sense 
 of duty due from this Convention to the 
 people of the counties he represents, demands 
 that his proposition should be passed ; and 
 while I believe that the whole Congressional 
 District represented by Phelps (except the 
 counties I have excluded, and which I did from 
 the fact that civil war had not devastated them, 
 and not from any disrespect to those counties) 
 should be included in the same proposition. 
 Aside from the counties I have named, there is 
 not one solitary county in the district represent- 
 ed by Phelps but what has been laid waste, so 
 that the people are unable to pay their taxes. 
 If they are compelled to pay their taxes for 
 1861-2, it will have to be done by selling the 
 land, and the farmers will be driven from their 
 homes. Their houses have been burned down, 
 and their crops of the last year have been con- 
 sumed by one army or the other. Their land 
 has been overrun by an army, not one time, 
 but three or four times, and the country has 
 
27 
 
 been swept as with the besom of destruction, so 
 that, in thousands of instances, no crops can 
 be raised in Phelps' district, for lack of fenc- 
 ing ; and, in thousands of other instances, for 
 lack of horses and the implements of agricul- 
 ture. This being the condition of these people, 
 the Convention is in duty bound to pass an or- 
 dinance exempting these people from the pay- 
 ment of their taxes for 1861-2. Every sensi- 
 ble gentleman here knows that an army of fif- 
 ty thousand or a hundred thousand men cannot 
 be marched over a country three or four times 
 without devastating it. I repeat, if we are 
 called upon to pay our taxes we cannot do it, 
 and our land will have to be sold. We have 
 not got the money, and if the land is to be put 
 up at sale, it will change the whole population 
 of the country. I do no injustice to the people 
 of any other portion of the State when I say 
 the people of Phelps' district stand higher on 
 the record in regard to the payment of their 
 taxes than the people of any other portion of 
 Missouri. I can take you to the office of the 
 Register of Lands and show that the county 
 of Greene paid her tax for 1860 within a few 
 days after it was due, and that there was only 
 $14 on the delinquent list. But if this land in 
 Southwest Missouri is put up at sale somebody 
 else will buy the land and pay the taxes, and 
 the people who have heretofore paid their taxes 
 so promptly will be forced from the country 
 I hope this Convention will do what is just and 
 right, because it is much better for the people 
 who have not been overrun by either army, to 
 bear the brunt of the tax than to bear what we 
 have had to in the destruction of our property 
 
 Mr. BROADHEAD. I move to refer the mat- 
 ter to the Committee on Finance. 
 
 The motion was agreed to. 
 
 REPORT OF COMMITTEE ON ELECTIONS. 
 
 Mr. MCFERRAN, from the Committee on 
 Elections and Elective Franchise, reported three 
 bills : First, a bill to continue the present offi- 
 cers of the State in office until 1864 ; second, 
 bill repealing certain ordinances submiiting 
 the action of the Convention to the people j 
 and, third, a bill denning the qualifications of 
 voters in the State of Missouri. 
 
 Mr. HITCHCOCK, a member of the Commit- 
 tee on Elections, dissented from the last section 
 of the bill defining the qualifications of voters. 
 
 Mr. HOWELL. As a member of the Com- 
 mittee on Elections and Elective Franchise, I 
 have given my assent to the ordinance repeal- 
 ing certain ordinances passed heretofore, in re- 
 lation to the submission of these ordinances to 
 the people at the next August election. I have 
 also given my assent to the ordinance continu- 
 ing the present Provisional Government in of- 
 fice until the 1st Monday of August, 1864, or 
 until their successors may be elected and qual- 
 ified. I have not given my assent, in commit- 
 tee, to the ordinance which has been reported 
 regulating and modifying the right of the elec- 
 tive franchise. To carry out the system which 
 has been inaugurated by that committee, in the 
 ordinances to which I have given my assent, I 
 desire, as the minority of that committee, to 
 propose another ordinance which I will ask to 
 have read. 
 
 The Clerk then read the bill. 
 
 It postpones all elections, and provides that 
 the various officers to be elected at the coming 
 election shall be appointed by the Governor. 
 
 The several bills were ordered to be printed, 
 and were made the special order of the day for 
 to-morrow at 2 o'clock P. M. 
 
 The Convention then adjourned. 
 
 FOURTH DAT. 
 
 JEFFERSON CITY, 
 Thursday, June 5, 1862. 
 The Convention met at 9 o'clock. 
 Prayer by the Chaplain. 
 
 RESOLUTIONS AND REPORTS. 
 
 Mr. BROADHEAD, from the Committee on 
 Congressional Districts, reported a bill dividing 
 the State into nine Congressional Districts. 
 
 Mr. BUSCH offered a resolution to reduce the 
 
 number of members of the House of Repre- 
 sentatives to one hundred. 
 
 Referred to Committee on Constitution. 
 
 Mr. SCOTT offered the following : 
 
 Resolved, That the Committee on Finance be 
 instructed to inquire into the expediency of 
 taking action for the purpose of passing the 
 tax books for the year 1861, in the hands of 
 the collectors, to the respective counties. 
 
 Referred to the Committee on Finance. 
 
28 
 
 Mr. HALL, of Buchanan, from the Commit- 
 tee on Constitution, reported a bill to repeal 
 the seventh section of the ordinance providing 
 for abolishing certain offices, reducing salaries, 
 and testing the loyalty of persons in this State, 
 adopted by the Convention at its last session. 
 The bill further provides that all appointments 
 made in conformity to the sixth section of the 
 ordinance aforesaid, shall be valid from the 
 time said ordinance was adopted, anything in 
 said section to the contrary notwithstanding. 
 
 The bill was laid on the table and ordered to 
 be printed. 
 
 Mr. MCFERRAN, from the Committee on 
 Elections, reported that it was inexpedient to 
 legislate in reference to a bill introduced by 
 Mr. EITZEN to repeal an act providing for the 
 election of County Court Justices in Gascon- 
 ade county. 
 
 The report was adopted, and the Convention 
 adjourned to 2 o'clock. 
 
 AFTERNOON SESSION. 
 The Convention met at 2 o'clock p. M. 
 
 QUALIFICATIONS OP VOTERS. 
 
 The PRESIDENT. The special order being 
 the Report of the Committee on Elections and 
 Elective Franchise, it will now be taken up. 
 
 Mr. HOWELL. I move then to pass over the 
 special order, inasmuch as this bill is very 
 lengthy, and we have not had time to examine 
 it with critical care since it was laid upon our 
 tables ; and to take up another ordinance re- 
 ported by the same committee," An ordinance to 
 repeal certain ordinances submitting the action 
 of the Convention to the people of Missouri, 
 and for other purposes. 5 ' It has not been 
 printed, but it is very short. 
 
 The PRESIDENT. I will state that the origi- 
 nal ordinance is in the hands of the printer, 
 and it cannot be acted upon unless we have the 
 original draft. 
 
 Mr. BROADHEAD. I hope we will not pass 
 over the special order. This bill was printed 
 and laid on the desks of members at 11 o'clock 
 this forenoon, and ample time has been given 
 members to examine it closely, and I think we 
 are as well qualified to act upon it now as we 
 shall be at any other time. 
 
 Mr. HOWELL. Before the vote is taken, I 
 ask the Secretary of the Convention to read 
 the title of the ordinance I propose to take up 
 It was reported by the unanimous consent of 
 the Convention. 
 
 The PRESIDENT. I will state that the ordi- 
 nance desired to be taken up is not in the pos- 
 session of the Secretary. It was sent to the 
 printer, and has not yet been returned. 
 
 The motion to postpone the special 01 der was 
 lost. 
 
 The bill was then taken up, and, on motion 
 of Mr. BROAPHEAD, considered by sections. 
 
 The following is the original draft of the 
 bill: 
 
 AN ORDINANCE DEFINING THE QUALIFICA- 
 TIONS OF VOTERS AND CIVIL OFFICERS IN 
 THIS STATE. 
 
 Be it ordained by the People of the State of Mis- 
 souri in Convention assembled, as follows : 
 SECTION 1. No person who has, since the 
 1st day of August, A. D. 1861, taken up arms 
 against the United States, or who has since that 
 time adhered to or given aid, assistance or en- 
 couragement to those engaged in carrying on 
 the present rebellion, shall be qualified to hold 
 any office of honor, trust or profit under the 
 Constitution and laws of this State, nor to vote 
 at any election held under or in pursuance of 
 said Constitution and laws, from and after the 
 passage of this ordinance : Provided, that the 
 General Assembly of this State may, at any 
 time, repeal or modify this ordinance, or any 
 part thereof, with respect to such persons, and 
 upon such terms, whether by general or special 
 act, as in their judgment the best interests of 
 the commonwealth may require. 
 
 SEC. 2. No person shall vote at any election 
 to be hereafter held in this State, under or in 
 pursuance of the Constitution and laws there- 
 of, who shall not, in addition to possessing the 
 qualifications already prescribed for electors, 
 previously take an oath in form as follows, 
 namely : " I, , do solemnly swear (or af- 
 firm, as the case may be) that I will support, 
 protect, and defend, the Constitution and Gov- 
 ernment of the United Slates, and the Consti- 
 tution and Provisional Government of the State 
 of Missouri, against all enemies and opposers? 
 whether domestic or foreign ; that I will bear 
 true faith, loyalty, and allegiance, to the Uni- 
 ted States, and will not, directly or indirectly, 
 give aid, comfort, or countenance, to the ene- 
 mies or opposers thereof, or of the Provisional 
 Government of the State of Missouri, any or- 
 dinance, law, or resolution of any State Con- 
 vention or Legislature, or of any order or or- 
 ganization, secret or otherwise, to the contrary 
 notwithstanding; and that I do this with a full 
 and honest determination, pledge and purpose, 
 
29 
 
 without any mental reservation or evasion what- 
 ever. And I do further solemnly swear (or 
 affirm) that I have not, since the 1st day of Au- 
 gust, A. D. 1861, taken up arms, or levied war 
 against the United States, or against the Provi- 
 sional Government of the State of Missouri : 
 So help me God." 
 
 SEC. 3. It shall be lawful for the judges of 
 elections to administer such oath to all persons 
 offering to vote, and in case of any indictment 
 or prosecution for perjury committed by false- 
 ly voting or wilfully violating said oath, as 
 hereinafttr authorized, proof that any person 
 charged with such crime has voted at any elec- 
 tion hereafter to be held in this State, under the 
 Constitution or laws thereof, shall be prima 
 facie evidence that the person so proved to have 
 voted had previously taken the oath prescribed 
 by the preceding section. 
 
 SEC. 4. Any judge of election who shall re- 
 ceive or record, or permit to be recorded, the 
 vote of any person who shall not previously 
 have complied with the provisions of the pre- 
 ceding second section, shall, on conviction 
 thereof, be adjudged guiity of a misdemeanor, 
 and shall be punished by fine of not less than 
 one hundred nor more than one thousand dol- 
 lars, or by imprisonment for not exceeding two 
 months, for each offense. And if the vote of 
 any person whatever shall be challenged for 
 either of the causes mentioned in the first sec- 
 tion of this ordinance, the judges of election 
 shall decide upon his right to vote as in other 
 cases of challenge. 
 
 SEC. 5. Every person who shall hereafter be 
 elected or appointed to any civil office within 
 this State, under the Constitution and laws 
 thereof, whether State, county, or municipal, 
 shall, before entering upon the duties of such 
 office, take and subscribe an affidavit, in form 
 as follows : " I, A. B., do, on oath declare, (or 
 solemnly affirm, as the case may be,) that I 
 have not, during the present rebellion, taken 
 up arms or levied war against the Unitd 
 States, nor against the Provisional Government 
 of the State of Missouri, nor given aid, com- 
 fort, or countenance, to the enemies or oppo- 
 sers of either, whether domestic or foreign. 
 And further : that I will support, protect and 
 defend the Constitution and Government of the 
 United States, and of the State of Missouri, 
 against all enemies and opposers, whether do- 
 mestic or foreign, any ordinance, law, or reso- 
 lution, of any State Convention or Legislature, 
 or of any order or organization, secret or oth- 
 erwise, to the contrary notwithstanding ; and 
 
 that I do this with an honest purpose, pledge, 
 and determination, faithfully to perform the 
 same, without any mental reservation or eva- 
 sion whatever. And further : that I will faith- 
 fully demean myself in office, and perform the 
 duties required of me by law.' 7 Which affida- 
 vit being filed by State officers in the office of 
 the Secretary of State, and by all county and 
 other officers in the office of the Clerk of the 
 County Court (or other officer charged with 
 equivalent duties) in the county wherein they 
 respectively reside, shall be a sufficient com- 
 pliance with the existing requirements for oaths 
 of office. 
 
 SEC. 6. Any person who shall falsely take, 
 or having taken, shall thereupon wilfully vio- 
 late any oath prescribed by this ordinance, 
 shall, upon conviction thereof by any court of 
 competent jurisdiction, be adjudged guilt)' of 
 the crime of perjury, and shall be punished 
 therefor in accordance with existing laws. 
 And it shall be the duty of the judges of all 
 courts having criminal jurisdiction under the 
 laws of this State, specially to charge the 
 grand juries in tha counties in which such 
 courts shall be held respectively, and of all 
 grand juries, in the performance of their duties 
 under the laws of this State, specially to in- 
 quire concerning the commission of any act of 
 perjury mentioned or made punishable by this 
 or any other ordinance adopted by this Con- 
 vention. 
 
 SEC. 7. The present incumbents of all civil 
 offices in the State, except that of Governor, 
 Lieutenant Governor, and Secretary of State, 
 shall, within forty days after the passage of 
 this ordinance, take and subscribe and file in 
 the office of the Clerk of the County Court, 
 (or other officers charged by law with corres- 
 ponding duties,) in their respective counties, in 
 which such incumbents reside, an oath of like 
 purport to the affidavit prescribed in the pre- 
 ceding fifth section hereof. It shall be the 
 duty of the Clerks of said County Courts, or 
 other similar officers, respectively, to notify the 
 Governor, without delay, of all cases wherein 
 the incumbent of any civil office hereby requir- 
 ed to file such affidavit shall have failed to do 
 so within the time above limited ; and all of- 
 fices whose incumbents shall so fail to take 
 and file such affidavit, within said time, are 
 hereby declared vacant ; and all vacancies so 
 occurring shall be filled in accordance with ex- 
 isting laws, as in case of vacancy by death, or 
 resignation ; and the failure of any person, who 
 shall hereafter be elected or appointed to any 
 
30 
 
 civil office in this State, to take and file the af- 
 fidavit prescribed by said fifth section hereof 
 within fifteen days after receiving the certifi- 
 cate of his election or appointment, shall in 
 like manner cause such office to be vacant, 
 which vacancy shall be filled in accordance 
 with existing laws. 
 
 SEC. 8. Any person now holding any civil 
 office in the State, except those of Governor, 
 Lieutenant Governor and Secretary of State, 
 who shall fail within the time limited in the 
 last preceding section to take and file the affi- 
 davit therein mentioned and required j and any 
 person who, being hereafter elected or appoint- 
 ed to any civil office, shall fail to qualify by 
 taking the oath prescribed in the fifth section 
 hereof, within the time limited in such cases 
 in the last preceding section, but who shall, 
 after a vacancy thereby created in such office, 
 as hereinbefore provided, attempt to exercise 
 or perform any of the duties, or to enjoy any 
 of the rights or privileges thereof, shall, upon 
 conviction, be adjudged guilty of a misdemea- 
 nor, punishable by fine of not less than three 
 hundred nor more than three thousand dollars, 
 or by imprisonment in the county jail for not 
 exceeding six months. 
 
 SEC. 9. Any person, otherwise a qualified 
 elector under the Constitution and laws of this 
 State, who has been induced to levy war against 
 the Government of the United States, or the 
 Provisional Government of this State, through 
 fraudulent misrepresentations, supposed obli- 
 gations of duty or duties, and who has wholly 
 abandoned all allegiance and fidelity to ex- 
 Governor Jackson, and the so-called govern- 
 ment of the Confederate States of America, 
 shall be allowed to vote by taking the following 
 oath: 
 
 " I, A. B., do hereby, on oath (or solemn af- 
 firmation,) deliberately and wholly abjure all 
 duty, allegiance and fidelity to ex-Governor 
 Jackson and the so-called government of 
 the Confederate States of America; that I 
 will support, protect and defend the Con- 
 stitution and Government of the United 
 States, and the Constitution and Provision- 
 al Government of the State of Missouri, 
 against all enemies and opposers, whether 
 domestic or foreign ; that I will bear true 
 faith, loyalty and allegiance to the United 
 States, and will not, directly or indirectly, 
 give aid, comfort, or countenance, to the ene- 
 mies or opposers thereof, or the Provisional 
 Government of the State of Missouri, any or- 
 dinance, law, or resolution of any State Con- 
 
 vention or Legislature, or any order or organi- 
 zation, local or otherwise, to the contrary not- 
 withstanding ; and that I do this with a full and 
 honest determination, pledge and purpose, with- 
 out any mental reservation or evasion whatev- 
 er : So help me God." 
 
 The Clerk read section one. 
 
 Mr. ORR. I offer the following amendment 
 to this section : " Strike out of the first section 
 all after the word ' State,' in the fourth line, to 
 and including the word 'ordinance' in the sixth 
 line," and "amend the second section by strik- 
 ing out all after the word 'whatever,' in the 
 twelfth line, and the word 'Missouri,' in the 
 fifteenth line." 
 
 Mr. BROADHEAD. The second section is 
 not before the house. 
 
 Mr. STEWART. I think I have a right to say 
 something on this bill as Chairman of the Com- 
 mittee on Military Affairs. 
 
 Mr. DoNrpHAN. This bill is not reported 
 from your committee, Governor. It is one of 
 Mr. McFerran's offspring. 
 
 Mr. ORR. Within no period of my life have 
 I appeared before a body of intelligent men 
 laboring under so much embarrassment as I do 
 upon the present occasion. I stand to-day in 
 the midst of the only conservative Convention 
 that has been called since our present difficul- 
 ties have been rushed upon us. I stand in the 
 midst of the only Convention that has refused 
 to pass a secession ordinance. I am proud, 
 therefore, to stand in the midst of the only 
 Convention that has shown itself to the world, 
 by its official conduct, as worthy of the confi- 
 dence that has been reposed in it by the people 
 of this State. While I am proud to say this 
 much for this conservative body, I nevertheless 
 stand here to-day trembling, because I fear 
 this body will be rushed into that ultraism that 
 will not only ruin the people of Missouri, but 
 greatly injure the Government of the United 
 States. While our action heretofore has been 
 governed by moderation, there is danger now 
 that we may be governed by our passions and 
 prejudices, rather than by our judgment. I do 
 not appear to-day as the advocate of individuals 
 who have tried to break up the Government. 
 They are not entitled to my advocacy or any- 
 thing else at the hands of the Convention, 
 beyond that of sympathy, and when I say this 
 I do not want to be understood as sympathizing 
 with treason. But I will say that I have 
 sympathy for traitors, as well as rogues and 
 the meanest of God's creatures. I have none, 
 however, with treason. What do we propose 
 
31 
 
 to do in this first section? We propose to say 
 that no individual that has been in rebellion 
 shall be allowed to vote at any election in the 
 future, unless the Legislature of Missouri 
 thinks proper to modify this ordinance. We 
 propose this as a punishment for treason, and 
 yet we have no right whatever to prescribe the 
 punishment for treason. We have, however, 
 the right to define treason, and there is a proper 
 way by which those guilty of that crime can 
 be punished. 
 
 What benefit then do we expect to derive 
 from preventing those individuals from voting ? 
 We expect to elect men loyal to the Govern- 
 ment of the United States and the State of 
 Missouri; and that much is right, and I do not 
 propose to strike it out. Any individual that 
 has attempted to break up the Government, 
 has no right, henceforth and forever, to help 
 administer its laws, and I am perfectly willing 
 that this restriction shall go down to the latest 
 posterity. But we go further, and say that no 
 individual that has been engaged in the rebel- 
 lion shall be allowed to vote. I ask this Con- 
 vention to think calmly, coolly and deliberately? 
 as to the effect this will have in the community 
 in which we live. Will we aid in crushing the 
 rebellion by so doing? if so, this first section 
 should be adopted. But this will not be the 
 result. We are about to use the language of 
 the primitive secessionists a year ago, that is, 
 "we demand what is right, and will take 
 nothing that is wrong." I hear men in this 
 body that were conservative a year ago, and 
 with whom 1 was proud to act, saying that we 
 are going to demand what is right, and take 
 nothing that is wrong. I have not been able to 
 do that through life. Price's army came to my 
 house and robbed me of whatever they desired. 
 You would say, had I been there it would have 
 been right to have shot them. Since that time, 
 Union troops, headed by ten or fifteen negroes, 
 have searched my house and taken what they 
 wanted. They made my children open every 
 room, while they searched it and carried off 
 whatever pleased their fancy. Would you not 
 say I ought to have shot them? Of course, 
 but to have laid the smallest stripe on one of 
 those darkies would have been equivalent to 
 self-murder. So it is plain, we cannot always 
 get what is right. Now, when we have passed 
 this bill, will men lay down their arms ? If so 
 I am for it. There is a large secession element 
 that has been in Price's army. Do you contend 
 that by the passage of this law they will become 
 peaceable citizens? I cannot see it in that 
 
 light. From the best investigation I have 
 given the matter, you will, by the passage of 
 this bill, force the last man of them into a solid 
 phalanx, in which desperadoes will fight to the 
 death. Is it the policy of this Convention, or 
 for the interests of your constituents, to do 
 anything that would cause such an array of 
 opposition as that ? There are individuals who 
 have been in Price's army for the purpose of 
 stirring up insurrection, and while that is the 
 fact, there are hundreds of them sick and tired 
 of the rebellion, hoping that something will be 
 done here to keep Price's army from ever 
 coming back to this State, and that they may 
 be enabled, after a time, to enjoy the peace and 
 quiet of friends when they return home. But 
 what else ? Sir, there is not a solitary member 
 of this Convention that has not some relative 
 in the rebel army. It is true that is no reason 
 why we should do wrong, but it is a reason 
 why we should not array this army against us, 
 unless some good can arise from it. We all 
 know how individuals have been drawn or 
 forced info the rebel army. Who would have 
 supposed, a year ago, that Major Claib. Jackson 
 and Sterling Price could have forced almost 
 one-half of the people of Missouri into this 
 rebellion, after more than one hundred thousand 
 of the people of the State had declared in favor 
 of the Union, the stars and stripes, and the 
 enforcement of the laws? Has there not been 
 such an array of force against us as to cause a 
 great deal of trouble? Now, sir, what good 
 can arise from excluding such a large propor- 
 tion of our population from the ballot-box? 
 Why, sir, in excluding these individuals we 
 exclude some who ought never to vote, and in 
 excluding them, also, we will exclude some 
 who have the same right to vote that you and I 
 have. Men have been impelled into this rebel- 
 lion by surrounding circumstances. I know 
 how it was in my county. I knew many men 
 in the Home Guards that were as good Union 
 men as I or any of you, and they stood with 
 me in the ranks of the Union army. They 
 remained steadfast to the Union after the battle 
 of Wilson's Creek, and until Fre'mont went 
 back there. After Fremont retreated and left 
 them to be again run over by the secessionists, 
 Price mounted the rostrum and said : " Lincoln 
 had to have these men to keep down rebellion 
 in New York; that they v/ould never return 
 again, and that the only alternative left them 
 was to help to put down those vandals that 
 were attempting to overrun the South." 
 
 These men were thus forced into the Seces- 
 
32 
 
 sion ranks, and when our army went back 
 again, many of them ran off to the South, fear- 
 ing they would be arrested as traitors. Talk 
 to me about disfranchising such men young 
 men that have been forced into rebellion by 
 false pretenses, and by the many lies, slanders, 
 and telegrams circulated through the country ! 
 I have a neighbor who was a Union man, and 
 one of the best men, in my opinion, we had in 
 the county ; he is an illiterate man, and cannot 
 write his own name, or read a word. He, 
 together with his sons, joined the Home Guards, 
 and he remained firm for the Union until Fre- 
 mont's army left, and then he was forced 
 believing the Union was broken up believing 
 that because he had seen the best equipped 
 army that ever marched on the continent retreat 
 and forsake the people in that region, without 
 any reason that he could see I say, he was 
 forced by the secessionists to believe that the 
 whole thing was hopeless, and that his only 
 alternative was to go with the army that re- 
 mained. Under this belief, he went away with 
 the Southern army; and when our men returned, 
 they burnthis house and destroyed his property; 
 and now must he be disgraced and degraded 
 forever? Are we to refuse protection to him, 
 and treat him as an alien or an outlaw ? This 
 bill would make us do so. I am unwilling to 
 say that such men shall be degraded for all 
 time to come. But further, let us pass this 
 bill, and we shall place every individual that 
 has been in the rebellion, lower than the crim- 
 inal that is pardoned out of the penitentiary 
 for horse stealing ; because, if there is a crim- 
 inal in the penitentiary for horse stealing, and 
 Governor Gamble pardons him out, he has the 
 right to vote at any future election. But you 
 declare in this bill that individuals who have 
 been engaged in the rebellion shall be placed 
 below the criminal, and shall not be allowed to 
 vote, no matter how well they conduct them- 
 selves. Now, sir, if you pass this bill, every 
 solitary individual that has taken up arms 
 against the Government will never come back 
 to this State, unless he comes back to shoot, 
 rob, murder and destroy. Every solitary indi- 
 vidual in the South that has taken the least part 
 in this rebellion, will be told what Missouri 
 has done. The leaders will tell them that, 
 while our commanders offer them protection if 
 they will lay down their arms, the Convention 
 of Missouri has gone so far as to say they shall 
 never be allowed to exercise the right of citi- 
 zenship. There is nothing the leaders of the 
 rebellion so much desire as action of this sort. 
 
 At the present time hundreds are returning to 
 take the oath, give bond, and lay down their 
 arms. They desire once more to live in peace 
 with their wives and children ; but the moment 
 we pass this bill, we force them back again, 
 and Price will say, "well done, good and faith- 
 ful servants, you are doing the work better 
 than I did when I was there." I am prepared 
 to say they should never vote again, if that 
 would make peace, but I am unwilling to in- 
 flict vengeance upon anybody when, by so 
 doing, I inflict it upon my children, and upon 
 future generations. We have had civil war 
 here for a year, f have suffered, and so have 
 you. I am tired of it, and I want to do nothing 
 that will prolong the war, or cause unnecessary 
 bloodshed. I want the rebellion put down, but 
 I do not want any member of this Convention 
 to vote for anything like the provision con- 
 tained in this bill ; for if we pass it, we shall 
 rush these individuals into a solid phalanx 
 against us. Is there a man here prepared to 
 take any action that will lengthen this war? 
 Before God, I believe if we pass this bill as 
 reported, we shall exasperate these rebels so 
 that they will prosecute the War until long after 
 you and I have gone to our graves. And it is 
 because of this conviction that I am not pre- 
 pared to vote for it. I do hope, trust, and 
 believe, that this body will think and calmly 
 reflect before they do that which, in my opinion? 
 will seal the destiny of this State and country 
 for all time to come. 
 
 I expect, after what I say here to-day, that a 
 large class of the people will call me a nullifier. 
 When I became a candidate for this Conven- 
 tion, the secessionists stigmatized me as an 
 abolitionist ; but I intend to vote always re- 
 gardless of these epithets, for what I think is 
 right, even though I am called abolitionist and 
 nullifier both. I came here as a conservative 
 man, and I appeal to the conservative men of 
 this Convention to reflect before they take th* 
 action here proposed. So far as this bill relates 
 to the candidates for office, I am satisfied with 
 it, and am prepared to make it as stringent as 
 desirable. But there is another provision in 
 this bill that it may be well to consider in this 
 connection. It says no man guilty of treason 
 shall be allowed to vote. How are you going 
 to ascertain whether he is guilty of treason or 
 not? You are going to challenge him before 
 he votes. I #o up to the polls, and my friend 
 Leeper being present, says, that man has been 
 in Price's army. How does he know? Well, 
 he saw me there, or he heard I was there, and 
 
33 
 
 upon that testimony Ihey have the right to jerk ' 
 me up, and I suppose they have the right to 
 make me swear. Is that the way we are going 
 to decide these important matters? The law > 
 provides that any individual convicted of the ( 
 infamous crime of treason forfeits his right of , 
 citizenship. If we are disposed to say that a ' 
 man convicted of treason shall not be allowed ' 
 to vote, I am for it ; but if you say a person [ 
 simply charged with treason shall not be allowed 
 to vote, I ain against it ; for I am proud to 
 know that I live in a country where charge 
 and conviction do not mean the same thing, j 
 Mr. Leeper may be mistaken. He goes before 
 a magistrate, infuriated against me, and swears ' 
 he saw me in PJ ice's army. That is sufficient, 
 and I have to stand aside. Now, I do not want ! 
 to have charges got up so easily. If I am to be j 
 disqualified as a voter, I want to have a fair 
 and impartial trial before a jury of my country ; 
 and then if I am disgraced and found guilty of 
 treason, why, then stigmatize me as I deserve. 
 
 Again, this ordinance excludes all who have 
 given aid and comfort, directly or indirectly, 
 to the rebellion. I do not know but that they 
 may attempt to exclude me from the polls 
 under that provision. When I was at Holla, 
 I arrested one of my neighbor's negroes and 
 endeavored to send him home, but I was ar- 
 rested myself for doing no more than what I 
 considered my duty, and I think it probable 
 the very men who caused my arrest would en- 
 deavor to exclude me from the polls on the 
 plea that I gave aid and comfort to the enemy. 
 What sort of a precedent is it to say that every 
 man who has given aid or comfort to the enemy 
 shall be disfranchised, without first giving a 
 definition as to what aid and comfort is. The 
 soldiers in Price's army consumed a good por- 
 tion of my substance. They quartered their 
 sick at my house and my wife took care of 
 them, and their contagious diseases prostrated 
 my whole family. Yet, under this ordinance, 
 that might be considered as giving aid and 
 comfort to the enemy. 
 
 I am opposed to this proposed action there- 
 fore, and I hope this Convention will not launch 
 out upon the sea of uncertainty, but that they 
 will think about the effect of this bill before 
 they vote for it. 
 
 Mr. HITCHCOCK. I propose, Mr. President, 
 to make a few remarks upon the subject. I 
 hope there will be a further discussion upon 
 this question, and presume there will be ; and 
 I would rather have heard further the reasons 
 
 3 
 
 which may be urged in favor of this proposi- 
 tion; but as I do not see any one rising to dis- 
 cuss it, and having been not only on the com- 
 mittee that reported the ordinance, but proba- 
 bly the member of that committee with whose 
 views this ordinance especially coincided, I 
 shall, therefore, ask the attention of the Con- 
 vention for a few moments. I must say I was 
 surprised to hear my friend from Green take 
 the view that he did of this subject. I know 
 he is sincere in all his views, and I know there 
 is no more patriotic man than he is in the 
 State. His position, his trials, his personal 
 losses since the rebellion commenced, show 
 this to be the fact. But I am obliged to differ 
 with him in regard to this ordinance. As I 
 understand that gentleman's objections, they 
 are embraced under these heads : He admits, 
 in the first place, (and I am glad of that, for it 
 saves argument which I hardly think would 
 be requiredj that this proposition is a just one, 
 and that as far as the rebels are concerned, or 
 as far as the class reached by the ordinance is 
 concerned, there is no reason why they should 
 not be subject to this provision. At the same 
 time a portion of my friend's remarks I thought 
 implied a misapprehension of its nature. This 
 provision is not urged as a punishment for 
 treason. It is true the law provides a punish- 
 ment for treason, and it is not inappropriate 
 to remember what the punishment is. Refer- 
 ence to the " act concerning crimes and pun- 
 ishments " in the statutes of Missouri shows 
 that for the act of treason itself, death, or im- 
 prisonment in the penitentiary for not less than 
 ten years, is the punishment. Then it goes on 
 to treat of misprision of treason, and also of the 
 giving aid and comfort to it, and so through 
 every grade of the offense, and in the most 
 elaborate and explicit terms puts the ban of the 
 law upon not only active, but incipient disloy- 
 alty. It further provides that a man convicted 
 of any offense of the nature spoken of shall be 
 forever incompetent to serve upon a jury, vote, 
 or hold any office. As far as the nature of 
 this ordinance is concerned, if it were intended 
 as a punishment for treason, it is precisely 
 equivalent to that which is provided by law, 
 and that which every man engaged in this re- 
 bellion knew he encountered the risk of when 
 he began. It is manifest, then, that this is a 
 perfectly just ordinance, as far as the rebels 
 are concerned. 
 
 But the argument of the gentleman from 
 Green was based upon expediency, and I will 
 
34 
 
 take it upon that ground. Now, sir, I desire 
 to say that this proposition is not prompted by 
 any vindictive feeling toward the rebels. It 
 does not spring from any want of a just or 
 proper sympathy, nor any want of the deepest 
 regret that our fellow citizens should have been 
 so inflamed, or so ambitious, so misguided by 
 their evil passions, or by 'the more evil words 
 and actions of others, as to engage in this re- 
 bellion There is no lack of this regret, I am 
 sure, on the part of this House, or any of its 
 members. But, the question presented to us, 
 Mr. President, is simply a question of self- 
 preservation ; and it is on that ground, I ap- 
 prehend, this Convention is called to act. We 
 represent the interest of the State of Missouri 
 the loyal State of Missouri and we are to 
 see to it that those interests which the armed 
 hand of rebellion has in vain assailed, shall not 
 be paralyzed by the secret but no less deadly 
 hand of treason in any other form. 
 
 The objections of the gentleman were ar- 
 ranged in a manner, which I may state as fol- 
 lows : First, the effect of the ordinance would 
 be to deprive many men of the elective fran- 
 chise who were not willing aiders and abettors 
 of the rebellion men who, by compulsion, or 
 despairingly, as in the case of the friend of 
 whom the gentleman spoke, took part in the 
 rebellion. 
 
 Second, that those who were actively en- 
 gaged in it will be by this act disgraced and 
 driven out of the State, and that no man, who 
 has already gone South, will ever come back 
 again to Missouri. I confess that proposition 
 did not alarm me in the least. I confess that 
 when he declared that the effect of this ordi- 
 nance will be to keep out of Missouri that class 
 of men who have joined and are now fighting 
 in the rebel army, it was not a disagreeable 
 statement at all. But he contended that there 
 are many of these men who have come back 
 " sick and tired of this rebellion," and are will- 
 ing to give it up for reasons best known to 
 themselves and they would be disgraced and 
 degraded lower than the common felon ; for, 
 said he, the Governor may pardon a felon, but 
 it depends upon the Legislature to grant par- 
 don in this case, and they may never exercise 
 it in regard to these men. 
 
 Again, the matter was mentioned of a chal- 
 lenge at the polls. The gentleman intimated 
 that a challenge at the polls and the decision 
 of the judges was liable to disfranchise men 
 who were really entitled to vote. And my 
 friend said he himself, by false swearing, or an 
 
 improper challenge, might be disfranchised. 
 
 | And finally he appealed to the conservatism of 
 this body, that we should not now be driven 
 into any ultraism. 
 
 Now, in regard to these objections, I have to 
 say, first, that it seems to me not one of them 
 touches the real point in this ordinance, or the 
 real motive for adopting it. I am perfectly 
 
 j willing to admit at the outset and it is only 
 admitting the fallibility of all human judg- 
 ment and instrumentalities that no rule can 
 be adopted or law passed, which may not in- 
 
 , volve men who, if their special merits were 
 presented, we might be willing in those specific 
 
 . cases to save from the operations of the general 
 rule. But at the same time I know no way in 
 
 | which these special cases can be saved, without 
 destroying the more importantgeneralrule. We 
 must act on the general probability and with a 
 view to the general effect. If we choose to 
 stultify ourselves by searching for and looking 
 only at the " hard cases," and the exceptions, 
 we lose sight of the true principle which ought 
 to be invoked. liake it that these exceptional 
 cases will exist. But it is still true that the 
 general results to be accomplished will over- 
 balance these individual cases, and, therefore, 
 the argument of the gentleman falls to the 
 ground. Now, in regard to that whole line of 
 argument, I may say I have heard it frequently. 
 Men have come back who were heretofore 
 citizens, and represented themselves sincerely 
 
 I repentant. It may be true, I believe it to be 
 true, that there are men in the State who took 
 up arms against the Government honestly be- 
 
 ; lieving they were doing their duty. But were 
 they not responsible for their belief ? And 
 however sincere they may be in their repent- 
 ance, can we in justice say they are innocent, 
 or that their offense must be overlooked, be- 
 cause they did not commit it under circum- 
 stances of as much provocation as others ? 
 
 But further. Will any man undertake to 
 say that a majority of those who have taken 
 up arms and have given aid and comfort to this 
 rebellion are sincerely repentant, and are now 
 Union men ? How many are there who, if 
 Ihey are now " loyal men," it is because they 
 find it pays ? How many whose repentance 
 is like that of a man who is sincerely sorry be- 
 cause he went into an unprofitable speculation 
 yet would stand ready to do the same thing 
 to-morrow with the assurance of success ? Do 
 you believe that these men have been convin- 
 
 ced of the wickedness of their action, and of the 
 fact that they were wrong; that they ought 
 
35 
 
 not to have taken up arms at all ; that Jackson 
 has done wrong ; and that all the leaders of 
 the rebellion have committed a crime, as well 
 as an injury? Will gentlemen undertake to 
 say that through all those disloyal counties 
 where we now still hear of murders, robberies, 
 and bushwhacking, these men are quiet and 
 peaceable from principle and not merely be- 
 cause they must ? I heard to-day that in the 
 western part of this State half a dozen outrages 
 had been committed within a week past that 
 have not been reported in the papers at all ; 
 and yet the prime movers of these outrages 
 are, most of them, living at home, satisfied 
 that the fate of Missouri is sealed, as the phrase 
 has it. 
 
 Now, Mr. President, I am ready to say I am 
 not willing to trust one of these men at the 
 August election, or to give them an opportu- 
 nity to control the destinies of Missouri. They 
 may come to me and show signs of repentance, 
 but the fever fit is not gone, and it is contrary 
 to the dictates of common sense to invite men 
 who have come back here, and are yet hardly 
 rested from their armed effort against the Gov- 
 ernment to invite them to use against it the 
 still more potent weapon of the ballot. Now, 
 if there is a large enough class of these men, if 
 you please, to hold the balance of power in this 
 or that county, to put one man rather than 
 another into office, then I say, on that ground 
 alone, we would be committing suicide by per- 
 mitting such a class to vote. 
 
 But the gentleman from Green, says the 
 passage of this bill will drive out of the State 
 a certain class of men, and that it will exas- 
 perate a certain other class. Now I may men- 
 tion a simple fact in relation to this. We all 
 know, that at the late spring elections in Mis- 
 souri, an oath of loyalty prescribed by order of 
 General Halleck was administered to every 
 voter, and we know that it came at a time 
 when the success of the Union arms was not 
 so decided as it has since been, and that coming 
 at such a time it was peculiarly repulsive. I 
 speak from my own observation of its effect in 
 St. Louis. At the elections held there many 
 men refused to vote at all, because of this oath. 
 It would seem that this oath ought to have il- 
 lustrated the dangers so earnestly predicted. 
 And yet this is the first intimation I have 
 heard that the administering of such an oath 
 would either drive out or exasperate men, or 
 stir up civil war. Such an oath is a wise pre- 
 caution, and it is a penalty which every man 
 arrayed against his Government had every 
 
 reason to expect and did expect. The fact IB 
 simply that those who could not take the oath 
 did not vote, and there was the end of it. 
 
 In regard to the challenge at the polls, 
 to which the gentleman alludes, I confess I 
 cannot see the force of the argument. It is in- 
 consistent. It has the effect of denouncing the 
 whole system of challenging at the polls. 
 
 According to his idea, every man disquali- 
 fied from voting in any manner whatever ought 
 to have that fact ascertained by a jury ; yet, at 
 every election, voters are turned away by the 
 judges upon challenge and proof before them. 
 And it is perfectly just, since all their other 
 qualifications are tested in this manner, that 
 this disqualification, which, of all others, is 
 most likely to be notorious, and which of all 
 others, a man's neighbors, the judges of the 
 election themselves, are likely to know of their 
 own knowledge that this should be submitted 
 to the same test as the others. I do not think 
 that, so far as this argument is concerned, fur- 
 ther remark is needed. 
 
 The gentleman has a great regard for the 
 conservatism of this body. There is a great 
 power in the use of words, as this rebellion 
 shows. If you choose to stand still because 
 you are afraid to make an advance if that is 
 the definition of conservatism, it does not suit 
 my principles. To use a homely illustration : 
 A man upon the battle-field has his arm shat- 
 tered by a bullet, and a consultation of sur- 
 geons is called. One, careless, or worse, advi- 
 ses to do nothing at all " let it alone." Anoth- 
 er, unwilling to inflame or exasperate, advi- 
 ses to apply gentle medicaments and lotions, to 
 deal with it tenderly, but by no means to excite 
 the unfortunate sufferer. While a third, seeing 
 clearly the danger of the wound, and the greater 
 danger of trifling with it, wisely and firmly de- 
 clares, "your arm must be taken off, or you 
 are a dead man in two hours I" Which is the 
 conservative man then ? Is he not the truly 
 conservative man who is ready to inflict phys- 
 ical pain, anguish and mutilation of the human 
 frame in order to save the man's life ? That 
 is the sort of conservatism I advocate. No man, 
 it seems to me, can avoid the idea that we must 
 apply such a remedy as this ordinance propo- 
 ses. It is but doing that which, in ordinary 
 and peaceable times, the process of the law is 
 intended to do, and which only under extraor- 
 dinary circumstances it fails to do. When 
 Ilalleck and McClellan succeed in shattering 
 the military power of the rebellion, then what 
 have we done ? We have got to where we 
 
36 
 
 started from to where the majesty of the law 
 may vindicate itself. When we get there, ; 
 what still remains to be done ? Is there not 
 still the duty of providing for the future ? 
 What is this rebellion ? It is a contest for po- 
 litical power, and however men may differ, as 
 they do, as to this or that being the cause of 
 the rebellion, we know that but for the failure 
 of the leaders to retain power but for their 
 infamous use of it while they did retain it but 
 for their desperate efforts to prevent it from 
 slipping from their clutch, in which they laid 
 hold of the negro question as the most inflam- 
 matory and available means which they could 
 use but for these, and these alone, the rebel- 
 lion would never have existed. How was the 
 power so much desired to be maintained ? By 
 holding office. And how were these offices to 
 be obtained and kept? By votes. And, as a 
 matter of common sense, how will you strike 
 at the root of this thing in other words, how 
 will you prevent disloyal men from holding 
 office 1 I should be glad to believe that disloy- 
 al men would always vote for loyal men. I 
 should be glad to believe that such men as my 
 friend from Green, Gov. Gamble, and others, 
 who have from the first opposed traitors, would 
 be selected by those who have all this time 
 been trying to destroy them, to fill the offices 
 and administer the government of this State ; 
 but does my friend expect that magnan- 
 imity ? 
 
 There are men in this State who can and will 
 safely take the oath proposed for civil officers 
 men whose cowardice or superior shrewdness 
 alone has kept them at home men who have 
 sympathized with and aided the rebellion, but 
 so secretly that no man can prove it. Does 
 not my friend know such men ? Does he not 
 know men who were active and noisy se- 
 cessionists in the beginning of the movement, 
 before a blow was struck whose violent lan- 
 guage, (not then treasonable, perhaps, because 
 the armed resistance had not commenced,) de- 
 ceived and maddened thousands into guilty acts, 
 and yet who themselves have prudently shrunk 
 from the storm they have raised, and though 
 the worst of traitors at heart, may safely swear 
 that they have committed no act of treason? 
 Now, sir, when elections are held again, will 
 these men be any less anxious for office will 
 they not seek it as eagerly, though no doubt 
 more cunningly, than before ? And will not 
 my friend's amendment enable such men to be 
 elected to office? For myself, I say plainly 
 that this is a class of men whom I am both 
 
 unwilling and afraid to trust. Suppose such 
 men in office what comes next? How long 
 before, in the interest of disloyalty itself, they 
 will agitate the repeal of all that is left of this 
 ordinance ? We can easily foresee their argu- 
 ments and appeals they will too much resem- 
 ble those which we now hear for the first step. 
 They, too, will invoke conservatism and sym- 
 pathy, and the like. They will inveigh against 
 the cruelty of so disgracing and branding men 
 like common felons men who, to be sure, have 
 committed treason, and aided to bring us into 
 all these calamities, but who are very sorry for 
 it now. I need not follow the steps, faciles 
 descensus, in this as in some other matters. 
 But the result soon enough may be that the 
 government of this State will be again in 
 the hands of the very men, or their sympathi- 
 zers and abettors, who have brought us into all 
 these calamities, through their own unhallowed 
 lust of power. 
 
 In conclusion, I warn gentlemen against 
 striking out this provision, [that disfranchising 
 rebel voters.] It is in its nature temporary. 
 The Legislature has the power to modify it 
 whenever they believe the best interests of the 
 State require it to be done, and my own belief 
 is that that body, under the pressure of just 
 such appeals as are now made, will act in the 
 matter as early or even earlier than will be en- 
 tirely safe tinder the circumstances, and that 
 they will modify this restriction. I warn gen- 
 tlemen that thousands of these rebels through- 
 out this State are yet living in the hope that, 
 some day, there will be a triumph for them 
 that they still cling desperately, and with fell 
 and rankling purposes, to the shadow of that 
 hope which has thus far eluded their grasp. I 
 say again, that unless we throw over entirely 
 that class of men, we may as well make up our 
 minds that, within two years from this day, 
 this State may be I do not say it will be, but 
 we must look dangers in the face in the hands 
 of a class of men differing in no particular from 
 those we have already sent from these halls. 
 Sir, I hope, for the safety and welfare of this 
 State, that this provision will not be stricken 
 out. To my mind it involves no less a conse- 
 quence than the danger, the great and obvious 
 danger, of paralyzing the Union party, the dan- 
 ger of weakening if not destroying the confi- 
 dence of our own friends in the vigor, the 
 soundness and the courage of this body itself. 
 The danger of undoing by our mistaken and 
 uncalled for "clemency," all that has been won 
 by the efforts, the hardships and the valor of 
 
37 
 
 the brave men who have fought and won the 
 battles of the Union. 
 
 Mr. WOOLFOLK. I propose the ninth section 
 of the bill as a substitute for the amendment 
 of the gentleman from Green. I desire to give 
 my reasons for offering that amendment. 
 
 Mr. WELCH. I rise to a point of order. It 
 occurs to me the substitute is not such an one 
 as parliamentary proceedings allow. The gen- 
 tleman from Green has made a motion to strike 
 out. Now, sir, I do not understand the gentle- 
 man has any right to offer an amendment to 
 the motion to strike out, in the shape of a sub- 
 stitute. The proposition before the Convention 
 is a different one entirely, and I do not under- 
 etand that the motion to strike out can be in- 
 terfered with in the way of a substitute. 
 
 Mr. WOOLFOLK. I do not appreciate exactly 
 the reason the gentleman has stated. I offer 
 it as a substitute for the gentleman's amend- 
 ment. I understand I have the right to offer a 
 substitute. 
 
 Mr. HALL, of Buchanan. It is the rule of 
 parliamentary law that you may always pro- 
 pose to perfect a proposition before the vote is 
 taken. 
 
 The PRESIDENT. That is the rule. 
 
 Mr. HENDERSON. I would like to know, be- 
 fore the question is decided, in what connection 
 the amendment offered by the gentleman from 
 Livingston will come in? 
 
 Mr. WOOLFOLK. It comes in immediately 
 after the word "require," in the first section. 
 It is in effect adding the ninth section to the 
 first section. 
 
 The PRESIDENT. The gentleman can amend 
 the amendment, but he cannot amend the sec- 
 tion. 
 
 Mr. WOOLFOLK. Very well. I will offer 
 it as perfecting the section. 
 
 Mr. BROWN. I understand the sections are 
 to be voted upon in order, but it is here propos- 
 ed to add the first and ninth together. 
 
 Mr. WOOLFOLK. I desire to add the ninth 
 section to the first simply to perfect the section. 
 
 Mr. BRECKINRIDGE. What becomes of the 
 motion of the gentleman from Green ? 
 
 The PRESIDENT. That will be acted upon 
 when this section is perfected. 
 
 Mr. BRECKINRIDGE. Do I understand the 
 ninth section is now before the Convention ? 
 
 Mr. WOOLFOLK. Not at all. The amend- 
 ment of the gentleman from Green is before 
 the house. 
 
 Mr. WELCH. I rise to another question of 
 order whether any gentleman has the right, 
 
 by calling his proposition perfecting a section, 
 to offer it within parliamentary law? Does 
 the Chair understand that it is parliamentary, 
 after the Committee have reported this propo- 
 sition and do not ask to perfect it, for an outsi- 
 der to come in, and, under the plea of perfect- 
 ing the section, offer a proposition which does 
 not in reality do what it proposes to do ? 
 
 The PRESIDENT. This Convention is now 
 considering this ordinance as in committee of 
 the whole, and the Chair holds that it is in or- 
 der for any member to perfect any section be- 
 fore the vote is taken on the adoption of that 
 section. Now the gentleman from Green pro- 
 poses to strike out a part of the section, and 
 the gentleman from Livingston desires that the 
 section may be perfected (in his judgment) 
 before the vote is taken ; and I think he has 
 the right to offer such a proposition. It will 
 be for the Convention to judge whether the 
 matter offered by the gentleman is a perfection 
 of the section or otherwise. 
 
 Mr. HENDERSON. I desire to suggest to the 
 Chair that if the proposition of the gentleman 
 from Green were a substitute for the section, 
 then it would be proper for the gentleman from 
 Livingston to perfect this section before the 
 taking of the vote ; but it is not offered as a 
 substitute, but as an amendment, and one 
 amendment cannot be postponed by the other. 
 I have no objection to seeing this perfected, as 
 the gentleman from Livingston suggests. It 
 seems to me that unless the proposition of the 
 gentleman from Green is a substitute for the 
 whole section, which it is not, but simply an 
 amendment, then it will have to be first voted 
 upon. 
 
 The PRESIDENT. If the gentleman does not 
 desire to interfere with the amendment of the 
 gentleman from Green, he can accomplish his 
 object by offering his amendment after the first 
 amendment is disposed of. 
 
 Mr. WOOLFOLK. I cannot vote intelligently 
 nor satisfactorily to myself on the amendment 
 of the gentleman from Green until the section 
 is properly perfected. I introduced this amend- 
 ment for the purpose of perfecting the original 
 section. It seems to me these two sections 
 ought not to be separated. The first section 
 provides that every man who has taken up 
 arms shall be prohibited from the right of suf- 
 frage, while the ninth section provides that ev- 
 ery man may vote on taking a certain oath. 
 Now, sir, I do not know how to get on with 
 the first section until I know how the house 
 will act on the ninth section. Upon the first 
 
38 
 
 question, as to whether every man should be 
 excluded who has given aid or comfort, I am 
 opposed to it. I am not, sir, in favor of exclu- 
 ding everybody. I believe there are good men 
 who have gone into the Southern army who 
 have been deceived. I believe there are good 
 men who will come under the nintli section, 
 who have been misled by false misrepresenta- 
 tions, or forced by duress, into the ranks of 
 the Southern army. Such men ought to come 
 under the ninth section, and be exempted from 
 the general sweeping clause that all should be 
 prohibited from voting who have gone with the 
 Southern army. Before I act on the first sec- 
 tion, 1 desire to know how the house will act 
 on the ninth section. 
 
 The PRESIDENT. I will suggest this to the 
 gentleman from Green, that if he will withdraw 
 his amendment for a moment until we can dis- 
 pose of this matter, he can then renew it after 
 the vote is taken. 
 
 Mr. ORR. I cannot withdraw the amend- 
 ment. 
 
 Mr. HENDERSON. I will remind the gentle- 
 man from Livingston that his vote at this time 
 is not binding. Suppose the amendment of 
 the gentleman from Green is adopted in com- 
 mittee of the whole ? When it is reported to 
 the Convention the gentleman can then vote 
 understandingly. He can then change his vote 
 on the amendment of the gentleman from 
 Green if he desires. 
 
 Mr. WOOLFOLK. It seems to me the section 
 is incomplete as it stands. It is an absolute 
 prohibit : on. I am opposed to that. 
 
 The PRESIDENT. The Chair decides the pro- 
 position of the gentleman out of order. 
 
 Mr. MCFERRAN. It strikes me the gentleman 
 can attain his object by changing his motion so 
 as to propose to amend after the word " ordi- 
 nance," in the sixth line. It would then come 
 in as an amendment to the amendment. 
 
 Mr. HENDERSON. The proposition then is 
 this: The gentleman from Green moves to 
 strike out certain words ; the proposition of 
 the gentleman from Daviess (Mr. McFerran) 
 is to retain the words, and add something to 
 them. 
 
 Mr. MCFERRAN. I do not propose to retain 
 the words but to add. 
 
 The PRESIDENT. The two amendments con- 
 flict with each other. 
 
 Mr. HENDERSON. The gentleman from Da- 
 viess moves to retain the words, and of course 
 it would be inconsistent. 
 
 Mr. MCFERRAN. I do not propose to retain 
 
 I the words, but to amend the portion proposed 
 to be stricken out. 
 
 Mr. WELCH. In what condition will this 
 section be if the amendment of the gentleman 
 from Livingston (Mr. Woolfolk) is adopted, 
 and this question comes up as an amendment 
 to an amendment 1 ? 
 
 Mr. MCFERRAN. There will be no trouble 
 about it. 
 
 Mr. WELCH. A part will be stricken out 
 and a part retained. The gentleman will find 
 he cannot do it. 
 
 Mr. STEWART. I move the section be read 
 and the amendment also, and then we will 
 know what we are talking about. 
 
 The PRESIDENT. The proposition of the 
 gentleman from Green is to strike out certain 
 words. The proposition of the gentleman from 
 Livingston, therefore, is incompatible as an 
 amendment to the amendment, and, therefore, 
 is out of order. The question is on agreeing to 
 the amendment of the gentleman from Green. 
 
 Mr. HALL of Buchanan. I agree that we 
 ought to do nothing in the Convention for the 
 purpose of indulging malice or ill-will to any 
 set of men. If the proposition before this Con- 
 vention were a proposition simply to gratify 
 any malice which we may have against those 
 who brought upon us this terrible civil war, I ad- 
 mit that it would be an improper one. But it is 
 equally our duty to do everything necessary to 
 preserve the peace and loyalty of this State 
 that can be done ; it is our duty to hesitate at 
 nothing that may be necessary to secure that 
 important object. Now what have we already 
 done in this direction ? Because the late Gov- 
 ernor of this State was disloyal and waged war 
 against the United States, we deposed him, and 
 deposed a multitude of other civil officers for 
 the same reason. It is now our duty to see 
 that the State Government continues loyal, or 
 our war fails to accomplish the work we intend- 
 ed it to accomplish. We had better have done 
 nothing ; better have let Jackson remain in of- 
 fice, and let the military have control of the 
 State, than stop short of anything less than 
 permanent loyalty and peace. What is neces- 
 sary in order keep Missouri loyal ? It is ne- 
 cessary to see that the officers of Missouri are 
 loyal : and it is a self-evident proposition that 
 if the constituents are disloyal the representa- 
 tives will be disloyal also. You might as well 
 expect sweet Avaters to gush from bitter foun- 
 tains, as to expect loyal representatives to come 
 from disloyal voters. An oath of loyalty for 
 the candidate amounts to nothing. There is 
 
39 
 
 not an officer engaged in this rebellion but who 
 was bound by an oath of loyalty to the Govern- 
 ment of the United States. We had all the 
 oaths necessary and proper for securing loyal- 
 ty in our officers, provided oaths could do this 
 thing. In my opinion, whenever you say that 
 a disloyal man may vote in this State, you will 
 have disloyal men elected to office. If a coun- 
 ty is composed of two thousand traitors and 
 one hundred loyal men, and you permit the 
 whole twenty-one hundred to vote, you will 
 have disloyal representatives, I don't care what 
 oaths you require. It is an unfortunate feature 
 in this rebellion that its adherents have a dif- 
 ferent code of morals from ours. Their mo- 
 rality is that it is right to do any and every- 
 thing that will injure the stability of our Gov- 
 ernment. That is their doctrine. It is right, 
 according to their way of thinking, for them 
 to waylay you and shoot you because you are 
 true to your Government. It is right for them 
 to swear falsely, provided they can injure the 
 Government of the United States. And now, 
 we are asked to trust the loyalty and peace of 
 our State to the oaths that will be taken by men 
 whose doctrine is that they are not bound by 
 their oaths ! I ask you, gentlemen, who know 
 something of these secessionists, are you will- 
 ing to trust your safety, and the safety of your 
 State, to an oath to be taken by traitors ? For 
 one, I am willing to do no such thing. I am not 
 willing to risk the safety of this State upon any 
 such slender thread ; I am not willing to risk 
 the safety of my constituents to the oath of 
 men who have violated their solemn oaths from 
 the first day of the rebellion to the present hour. 
 Mr. President, only a few months since the 
 spring elections were coming on, and the cry 
 came up from every quarter that what this 
 Convention had done would be utterly futile if 
 traitors were permitted to vote. Perfectly sat- 
 isfied of the justness of that position, I appeal- 
 ed to the commanding officer of this depart- 
 ment to require every man who offered to vote 
 to take an oath, such as is presented by this 
 Convention for office-holders ; and I am not 
 aware that any loyal man ever objected to it, 
 or that General Halleck was wrong in requiring 
 all voters to swear. On the contrary, it was 
 approved by all, as far as I know. And, as a 
 result of this, we have had no banding togeth- 
 er in great parties, and fighting till the last man 
 was dead. On the contrary, from that day till 
 now, the peace of Missouri has been more and 
 more consolidated ; and now, under the opera- 
 tion of that order which excludes secessionists, 
 
 if secessionists are honest men, we have more 
 peace than we have had for the last twelve 
 months. If that order of General Halleck's 
 was proper, and with the oath presented by 
 Halleck, I want nothing more. I want nothing 
 more than is just. I don't want to put any 
 stigma upon any person ; but I want to have 
 loyal men control this Government ; and I re- 
 peat that the only way you can have loyal repre- 
 sentatives is to allow none but loyal men to 
 vote. 
 
 It is said by gentlemen who oppose this pro- 
 position, that there is unnecessary severity in 
 it that there is that in it which is calculated 
 to excite and stimulate secessionists to resis- 
 tance and continuance in their course. Gen- 
 tlemen, we have tried conciliation ; we have 
 tried the most tender remedies that could be 
 suggested. Under this policy, AVC permitted 
 the rebellion to take head and make progress, 
 we permitted the United States arsenals to be 
 seized, United States mints to be robbed, Uni- 
 ted States flags to be insulted, and all the time 
 the rebellion became worse, and traitors became 
 bolder and more violent. They never began 
 to repent until they felt pressing upon them the 
 stern power of this Government not until af- 
 ter they were punished, and felt the force of 
 such orders as that General Halleck issued last 
 spring, then they began to respect the opinions 
 of the people of this land. 
 
 Mr. President: I repeat that I do not desire 
 to practice any unnecessary severity, but I do 
 believe that it is the solemn duty of this Con- 
 vention to cooperate with the military power 
 in preserving the peace of the country. We 
 have no right to shrink from responsibility,- and 
 leave all the work of restoring order and loy- 
 alty to General Halleck or General Schofield. 
 Does any man believe the military will permit 
 secessionists to vote ? I don't think any Union 
 man here has any such desire ; and if we do 
 not desire that they should vote, it is our duty 
 to take the responsibility and say so. I don't 
 care about this restriction lasting very long. I 
 only want it to continue while the war contin- 
 ues. Whenever peace is restored, and our cit- 
 izens return to their allegiance, I will be ready 
 to advise its modification or abrogation alto- 
 gether. I don't think there need be the slight- 
 est uneasiness that the Legislature will be se- 
 vere on this point. Every one of us has rela- 
 tions in the rebellion, and all those kind sym- 
 pathies which the gentleman from Green allu- 
 ded to for the purpose of inducing us to strike 
 out the clause to which he objects, will operate 
 
40 
 
 upon legislators to relieve our friends from this 
 restriction the moment that it is safe to do so. 
 
 The Convention, at the conclusion of Mr. 
 H.'s remarks, adjourned to 9 A. M., Friday. 
 
 FIFTH DAY. 
 
 JEFFERSON CITY, 
 Friday, June 6, 1862. 
 
 The Convention met at 9 o'clock. 
 
 Prayer by the Chaplain. 
 
 Mr. DOUGLASS, from the Committee on Fi- 
 nance, reported a bill in relation to Assessors 
 and Collectors, and to provide for the payment 
 of certain accounts. Ordered to be printed. 
 
 Mr. MCFERRAN, from the Committee on 
 Elections, reported an ordinance to enable citi- 
 zens of this State now in the military service 
 to vote. Ordered to be printed. 
 
 EXPULSION OF DISLOYAL MEMBERS. 
 
 Mr. BRIDGE, from the Special Committee 
 to whom was referred the resolution to vacate 
 the seats of certain members, reported that the 
 committee had had the same under considera- 
 tion, and that from the evidence before them it 
 appeared that Sterling Price, Robert W. Craw- 
 ford, and V. B. Hill, are now, and have been 
 for months past, committing acts of violence 
 against the Government of the United States; 
 that they have violated the oath they took as 
 members of this Convention, and proved re- 
 creant to their State and their country ; that 
 it is known they are in arms against the Gov- 
 ernment of the United States, and giving aid 
 to the rebellion ; and that lor these reasons 
 they are unworthy to hold seats in this Con- 
 vention and should be expelled. In regard to 
 Uriel Wright the Committee have no evidence 
 that he has taken up arms, but they have evi- 
 dence that he has left the State and has given 
 aid and comfort to the enemy by speeches and 
 otherwise, and they recommend that he be 
 expelled. In regard to John R. Chenault and 
 Robert A. Hatcher, the Committee are not able 
 to say that they have taken up arms, but the 
 testimony before the Committee showed that 
 they were not citizens of the State, having re- 
 moved from it. The Committee, therefore, 
 recommend that their seats be vacated. In the 
 case of Nathaniel W. Watkins, the Committee 
 find that he accepted the commission of Briga- 
 dier General and proceeded to act under it ; 
 
 but at a subsequent period threw it up and has 
 for months past been absent from the State. 
 They recommend that his seat be declared va- 
 cant. In regard to W. W. Turner, the Com- 
 mittee have evidence of the commission of 
 criminal acts by him during the recess of this 
 Convention, and that he is now a fugitive from 
 the State. The Committee, therefore, recom- 
 mend the following resolution : 
 
 Resolved, That Sterling Price, Robert W. 
 Crawford, V. B. Hill, Uriel Wright and W. W. 
 Turner be expelled from this Convention. 
 
 Resolved, That the seats of John R. Chenault, 
 Robert A. Hatcher and N. W. Watkins in this 
 Convention be declared vacant, and that the 
 above eight names be struck from the roll of 
 this Convention. 
 
 The above report received the unanimous 
 consent of the Committee, except in the case 
 of Mr. Chenault. Mr. Gravelly dissented from 
 the report in favor of Mr. C.'s expulsion. 
 
 Mr. STEWART. There are several other 
 names I would like to include in that report. 
 
 Mr. WELCH. I believe the regular order is 
 the unfinished business of yesterday, and that 
 it has precedence over this matter. 
 
 The PRESIDENT. This is a privileged ques- 
 tion and has precedence. 
 
 Mr. STEWART. At the first session I voted 
 for Mr. Pomeroy against Mr. Watkins, for I 
 knew he was a traitor, and there are several 
 others I could mention who in all probability 
 would do just as he has done, if they had the 
 opportunity. 
 
 Mr. PIPKIN. I move to strike out the name 
 of Mr. Watkins for this reason : Very recently 
 in attending Court, in our Circuit, I under- 
 stood Mr. Watkins desired to return to the 
 State, but owing to the difficulties in the south- 
 ern part of Missouri, and especially in Arkan- 
 sas, it was very difficult for him to get back. 
 But from the assurances I have from his 
 friends, I have every reason to believe that he 
 would return to the State if he had an oppor- 
 tunity to do so. It is well known that he threw 
 up his commission received from Jackson, and 
 
41 
 
 has never served in the Confederate service. 
 He is an aged man, and has occupied a conspi- 
 cuous position in Missouri heretofore, and un- 
 less the Committee have incontestible evidence 
 that he will not return to the State, I shall in- 
 sist upon my motion to strike out his name 
 from the report. 
 
 Mr. MARMADUKE. If in order, I move the 
 report of the Committee be laid on the table. 
 
 Mr. BROADHEAD. I think we can just as 
 well act on it now. 
 
 Mr. HENDERSON. I desire to ask if this 
 motion prevail whether this report can be taken 
 up at any time ? 
 
 Mr. MARMADUKE. Certainly, that is my 
 object. 
 
 Mr. HENDERSON. I hope the Convention 
 will consider the question now. 
 
 The motion to lay on the table was lost. 
 
 Mr. BROADHEAD. In justice to Mr. Watkins, 
 I desire to state that he was indicted by the 
 United States Grand Jury at its session last 
 summer, for treason. He was never arrested, 
 as he absented himself from the State of Mis- 
 souri. He was subsequently pardoned by the 
 President of the United States, but it never 
 could have reached him. In fact, I know it 
 has not, because it was sent to the United States 
 District Attorney in St. Louis, and is at the 
 present time on file in the United States Cir- 
 cuit Court. Whether he has ever received any 
 information as to his having been pardoned, I 
 am not aware. But I know this that he has 
 represented that he desired to return to Mis- 
 souri and live here a peaceable citizen ; that he 
 had abandoned the Southern Confederacy, and 
 the pardon was predicated upon that ground. 
 I have been informed that he has never re- 
 ceived any information which would justify 
 his return. I make this statement in justice 
 to him. 
 
 Mr. PIPKIN. I would state further, that at 
 the session of this body in July last, I was 
 told by Mr. Hatcher, then a member of this 
 body, that Mr. Watkins sent by him if I am 
 not mistaken a request to the commanding 
 officer of Cape Girardeau, to permit him to 
 attend this Convention at its July session. He 
 had then thrown up his commission received 
 under Jackson, had retired from the army, and 
 desired to attend the Convention at its July ses- 
 sion. But the officer in command at Cape Girar- 
 deau returned him a reply that if he came within 
 his lines he would arrest him. Mr. Watkins did 
 not feel disposed to be placed under arrest, and 
 so remained away from the Convention. Of 
 
 the truth of this statement, made to me by Mr. 
 Hatcher, I have no doubt, and I think, under 
 the circumstances of the pardon, and the throw- 
 ing up of his commission, it is imposing too 
 great a penalty to expel him from this body, 
 or declare his seat vacant. 
 
 Mr. HENDERSON. My impression is that 
 the only proposition is to declare his seat 
 vacant. 
 
 Mr. HALL of Buchanan. I think it is to 
 expel him. 
 
 Mr. HENDERSON. So far as I am concerned, 
 if the proposition were to expel Gen. Watkins, 
 I would vote against it. I know something in 
 regard to his pardon, and I am glad it was 
 granted by the President of the United States. 
 I was familiar with the circumstances at the 
 time, and am glad the President took the action 
 he did in regard to General Watkins. I think 
 it was proper, and I think it is proper also that 
 this Convention should declare his seat vacant. 
 General Watkins is a gentleman whose famili- 
 arity with the laws of this country, with his 
 duties as a member of this Convention, and as 
 a citizen under the Government of the United 
 States, ought to have prevented him from 
 committing the offense with which he was 
 charged. The Grand Jury found him guilty, 
 and his friends did not make any question as 
 to his positive acts of treason and disloyalty to 
 the Government; and although I was perfectly 
 willing to do all in my power to procure a par- 
 don from the consequences of his offense, and 
 to see him restored back again as far as we 
 could, to his rights, yet I am not willing that 
 he should occupy a seat in this Convention. I 
 think the day has come, when, if the people of 
 Missouri intend to preserve their peace, they 
 ought to take these things into their own hands. 
 I have no spirit of vengeance against these 
 men. I have no desire to see them hung if it 
 is not necessary for the public good, or stripped 
 of their property ; but here is a clear, admitted 
 case of treason on the part of a member of this 
 Convention, and I think it as little as this Con- 
 vention can do to declare his seat vacant. I 
 am unwilling to say he shall be expelled, but I 
 am not willing, under the circumstances, to 
 say he shall be entitled to a seat in this Con- 
 vention, hereafter, if he sees fit to present him- 
 self. I think it as little as the friends of Gen. 
 Watkins can ask of us to say that his seat 
 shall be vacant. If the consequences of his 
 crime were to be visited upon him he never 
 could take his seat here, it would close his 
 earthly career; but that matter has been dis- 
 
42 
 
 posed of by Executive clemency. I repeat, I 
 am unwilling to say he shall be continued as a 
 member of this body. It is high time the peo- 
 ple of Missouri should vindicate themselves 
 against all association with treason, and where 
 it is possible, to separate ourselves from it. 
 
 Mr. BROADHEAD. The gentleman mistakes 
 if he supposes I made the statement I did, 
 with the view of influencing members in favor 
 of the motion now pending. I merely made 
 the statement that justice might be done to 
 Gen. Watkins, and that the Convention might 
 understand his present status with reference 
 to the Convention and the State of Missouri. 
 I shall vote to declare his seat vacant. 
 
 The PRESIDENT. The question is on the 
 motion of the gentleman from Iron ( Mr. Pip- 
 kin.) 
 
 The yeas and nays were demanded. The 
 vote was taken and the motion was lost. 
 
 Mr. MCCORMACK (in explanation of his 
 vote). While I have the highest respect and 
 feelings of kindness for Gen. Watkins, who is 
 my colleague, yet it is a painful duty for me 
 to vote for his removal from this Convention. 
 I feel it is a duty, and I shall vote no. 
 
 Mr. STEWART (in explanation of his vote). 
 I suppose it is as painful a duty as ever I per- 
 formed to vote no. I know Mr. Watkins well, 
 and, as has been stated, he was a man of influ- 
 ence and ought to have stood up for the Gov- 
 ernment. But he has been instrumental in 
 directing a great many men into this difficulty. 
 He has been guilty of treason, a traitor to his 
 country, and I therefore vote no. 
 
 The vote was announced. 
 
 Mr. GRAVELLY. The special Committee 
 unanimously agreed upon this report with the 
 exception of myself. I dissented from the 
 resolution in regard to Judg9 Chenault, of 
 Jasper county. I deem it due to myself, as 
 well as to Judge Chenault, that I should state 
 the reasons before this body that induced me 
 to dissent from the report declaring his seat 
 vacant. I am ready to declare vacant the seat 
 of any member of this Convention, when satis- 
 fied that he has committed treason against the 
 Government of the United States. If I were 
 satisfied Judge Chenault had taken up arms 
 against the Government of the United States, 
 or had been guilty of any act, or committed 
 any crime or deed by which he could be in- 
 dicted for treason, then I would not object to 
 striking his name from the roll or declaring 
 his seat vacant But there was no evidence 
 before the Committee that Judge Chenault be- 
 
 longed to the rebel army, or that he had com- 
 mitted any act against the Government of the 
 United States that comes under the name of 
 treason. And although I may have reason to 
 believe tha* Judge Chenault is a sympathizer 
 with the rebellion, yet in the absence of any 
 evidence that my colleague has ever taken up 
 arms against the Government of the United 
 States, I was unwilling to vote to declare his 
 seat vacant. It was in effect a vote to declare 
 his seat vacant, because he is not here in his 
 seat. He is not the only member of this Con- 
 vention who has refused to attend its sessions, 
 since the first session; there are many members 
 in the State who are not present now, and have 
 never attended since the first session. I am 
 unwilling to declare his seat vacant unless I 
 have evidence that he is guilty of treason and 
 taken up arms against the Government of the 
 United States. As regards the other names 
 that were referred to the Committee, we had 
 unmistakeable evidence, I think, that all of 
 them had taken up arms against the Govern- 
 ment of the United States, or removed from 
 the State of Missouri. I have heard rumors 
 that Judge Chenault is a citizen of Arkansas 
 and has removed his family to Texas, and I 
 have heard others say that he and his family 
 are now at Carthage, in Jasper county, and, 
 sir, in the absence of proof as to his where- 
 abouts, I am unwilling to vote to declare his 
 seat vacant. I have no evidence that he has 
 absented himself from the State, and therefore 
 I move to strike out his name. 
 
 The motion was lost. 
 
 Mr. DONIPHAN. I desire the Chairman of 
 the Committee to state what evidence he has 
 that Major Wright has had anything to do 
 with the Southern Confederacy. That he has 
 abandoned his seat in this Convention I have 
 no doubt, but I do not like to vote to expel 
 him. From what I have heard, I have no 
 doubt that he has gone to the Southern Con- 
 federacy, but I do not like to expel him unless 
 he has committed some overt act. 
 
 Mr. BRIDGE. The evidence before the 
 Committee was a report (from the Army Argus, 
 printed at Des Arcs, Ark.; of a speech deliver- 
 ed by Major Wright, in which he stated that 
 he had left this State and joined them at a late 
 day, and that the reason he had not joined 
 them sooner was because he believed he could 
 do them more service in the Convention than 
 he could by being in their midst. 
 
 Mr. HOWELL. What will be the effect of 
 agreeing to the report of the Committee ? 
 
43 
 
 The PRESIDENT. Any gentleman is entitled 
 to a division of tin- qm'stion. If the report is 
 agreed to, then the question is on agreeing to 
 the resolution. 
 
 Mr. DUNN. In tho view of the case present- 
 ed by Mr. Doniphan, I move that the name of 
 Mr. Wright be transferred from the list of 
 those to be expelled to the list of those whose 
 seats will be declared vacant. . 
 
 Mr. MEYER. I think it is a well known fact 
 Mr. Wright left St. Louis with a number of 
 recruits for Price's army. This was the cur- 
 rent report in St. Louis. It is my understand- 
 ing that he took with him some twenty or 
 thirty individuals from our city and vicinity, 
 and it does seem to me that he is doubly guilty. 
 He constituted himself a recruiting officer and 
 took these young men away from St. Louis, 
 and this, in connection with the position he 
 occupied in this Convention, and his acts after- 
 ward, it seems to me renders him doubly guilty 
 of treason. 
 
 Mr. LEEPER. There is one thing which I 
 wish to state in regard to Uriel Wright. After 
 he left St. Louis he passed near Ironton and 
 Pilot Knob, and had about twenty-five men 
 with him. I was stationed in the vicinity and 
 as soon as I heard he was about, I started after 
 him with a company of men and came near 
 catching him. He announced to the citizens 
 along the route that he was leaving Missouri 
 to join the Southern Confederacy. He said he 
 had brought twenty-five men with him from 
 St. Louis and intended to join the Southern 
 army. Under these circumstances I shall vote 
 against transferring his name from the first to 
 the second resolution, and in favor of expelling 
 him from this body. 
 
 The motion of Mr. Howell was lost. The 
 report was then agreed to, and the resolutions 
 were adopted, one of the members voting in 
 the negative. 
 
 PETITION FOR THE EXPULSION OF A MEMBER. 
 
 Mr. VANBUSKIRK introduced the petition of 
 700 loyal voters of the Fourth Senatorial Dis- 
 trict, in favor of the expulsion of Prince L. 
 Hudgens from the State Convention. The pe- 
 tition represents Mr. Hudgens as unworthy to 
 represent the loyal citizens of the Fourth Sen- 
 atorial District; that his traitorous and con- 
 temptible conduct furnished ample evidence 
 of his unworthiness, and further, that he had 
 not made his appearance in his District since 
 last September. 
 
 QUALIFICATIONS OF VOTERS. 
 
 The PRESIDENT. The morning hour has 
 expired and the unfinished business of yester- 
 day will be taken up the ordinance defining 
 the qualification of voters. The ordinance will 
 be considered as in Committee of the Whole. 
 
 Mr. WELCH. I desire simply to make this 
 remark that there seems to be a disposition 
 to regard the consideration of this ordinance 
 as in Committee of the Whole, but when the 
 proper time comes I shall call for the ayes and 
 noes, and if the Chair decide them out of 
 order, I shall take an appeal. 
 
 Mr. Orr. I had the floor j'esterday evening 
 at the hour of adjournment, but having learned 
 there arc several gentlemen who desire to ad- 
 dress the Convention, I yield the floor to Mr. 
 Woolfolk, who desires to make a speech. 
 
 Mr. WOOLI-OLK. I desire to offer a few rea- 
 sons why I shall vote for the amendment of- 
 fered by the gentleman from Green. In the 
 first place, it seems to me, this resolution as 
 reported by the committee is too indefinite ; in 
 the second place, impracticable ; and, in the 
 third place, it is inexpedient for this body to 
 adopt it. Now, sir, whom do we propose to ex- 
 clude by this resolution ? It is not limited to 
 any particular class. It says those who have 
 taken up arms shall be excluded ; and, further, 
 that no person who has, since the 1st day of 
 August, 1861, adhered to, or given aid, assist- 
 ance or encouragement to those engaged in 
 carrying on the rebellion shall be qualified to 
 vote at any election. Now, sir, I contend that 
 is too indefinite ; had it merely proposed to re- 
 strict those men who had taken up arms from 
 voting, we would have then had a definite and 
 specific class ; but when you propose to exclude 
 every man who may have given aid, assistance, 
 or encouragement to the enemy, the question 
 is, how many men does that embrace ? Why, 
 I believe, it will embrace two-thirds of the pop- 
 ulation of Missouri, and among that two-thirds 
 many of our best and most loyal citizens might 
 be included. What is giving aid and comfort? 
 Lawyers themselves differ on the question. 
 How are you going to determine who has given 
 aid ? A secessionist comes along from Price's 
 army, and stops at a Union man's house. Now 
 suppose that Union man should choose to keep 
 him there during the night, and give him a 
 supper and a breakfast, and start him again on 
 his way. He may do this from motives of hu- 
 manity, or from fear of personal violence ; yet, 
 would not his act be construed as giving aid 
 and comfort ? There is no limitation as to what 
 
44 
 
 amount of aid is to be given ; it does not say 
 what the aid will be ; but it simply proposes to 
 exclude every man who has given aid, assist- 
 ance, or encouragement to the enemy. Why, 
 if a secessionist were to call at a Union man's 
 house, and ask for a cup of cold water and it 
 should be given, it would be giving aid, assist- 
 ance or encouragement. A secessionist may 
 have gone to the Union army, and left his notes 
 in the hands of a Union lawyer to collect ; tell' 
 ing him to collect the notes, so that the mo- 
 ney may not be forfeited. Suppose the lawyer 
 chooses to collect, and turns the money over 
 to the man's agent, and it is forwarded to him 
 in the rebel army, is that giving aid, assistance, 
 or encouragement? Now, I contend that is 
 too indefinite ; it leaves room for a great deal 
 of doubt, and too much doubt. If this Con- 
 vention proposes to exclude every body who 
 has given aid, assistance, or encouragement, it 
 seems to me the limitation should be specific, 
 so that the people might know whom we intend- 
 ed to exclude and whom we intended to allow 
 to vote. Again, sir : we know that during 
 some portions of the trying period of this re- 
 bellion, men in the midst of secession localities 
 have been compelled, to some extent, to give 
 indirect encouragement to the rebellion. I 
 think it is safe to say that every man who has 
 not been a fugitive from certain localities in 
 this State has been forced to give indirect as- 
 sistance or encouragement to the rebellion. 
 There has been a time when to advocate the 
 Government in certain parts of this State, was 
 dangerous in the extreme ; there was a time 
 when your Honor and myself were fugitives 
 in St. Louis while Price's army was thunder- 
 ing at the gates of Lexington ; there was a 
 time when a Union man could not express his 
 sentiments. But these resolutions as reported 
 propose to exclude every man from voting who 
 has, since the 1st of August, 1861, given aid, 
 assistance, or encouragement to the rebellion. 
 You propose, if the record can be preserved of 
 any idle words which a man may have used at 
 any time, to exclude him from the rights of an 
 American citizen. I contend, sir, it is too in- 
 definite, and it would be improper to pass any 
 such measure. I cannot vote to exclude men 
 from the rights of citizenship who have, since 
 the 1st day of August, given aid or assistance 
 to those engaged in the rebellion. Why, this 
 measure as reported, would hold a man respon- 
 sible for private conversation. If any Union 
 man, in conversation with one of his most in- 
 timate friends on the other side, should have 
 
 et fall any words in the least derogatory to the 
 Federal Government, or as to how the conflict 
 would terminate, if, in the confidence of so- 
 : al life, he should have let fall any words of 
 this sort which could be proved against him, it 
 might be some personal enemy would bring the 
 charge against him for the purpose of excluding: 
 him from the polls. I say, let us exclude a 
 particular class, or let everybody vote. I am 
 opposed to putting this clause in, which means 
 everything or nothing. Again, sir, it is im- 
 practicable. How does it propose to determine 
 this question ? It provides that " any judge of 
 election who shall receive or record, or permit 
 to be recorded, the vote of any person who 
 shall not previously have complied with the 
 provisions of the preceding 2d section, shall, 
 on conviction thereof, be adjudged guilty 
 of a misdemeanor, and shall be punished 
 by fine of not less than one hundred nor 
 more than one thousand dollars, or by im- 
 prisonment for not exceeding two months, for 
 each offense." 
 
 Now, sir, is not that impracticable? Your 
 judges of elections are taken up from the streets, 
 and, in nine cases out of ten, know nothing 
 about law whatever, and yet this resolution as 
 reported proposes to exclude everybody who 
 has adhered, or given aid, assistance or en- 
 couragement to the rebellion. How is a judge 
 of the election, in the excitement of an election, 
 to sit and determine upon each case? Why, 
 the question as to who may have given aid 
 and comfort might occupy the lime of the 
 Circuit Court in our county far six months. 
 Will gentlemen contend that in counties where 
 five hundred men have gone to the armies of the 
 Confederate States, that a judge of the election 
 can determine all such cases on an election 
 day, when it would occupy the Circuit Court 
 six months in determining whether one man 
 had given aid or comfort? Wherever there is 
 a secession element in a county, it is an open 
 question how far certain men in that county 
 have given aid or comfort. We know our best 
 lawyers have differed on the question as to 
 what aid and comfort is, and our courts differ, 
 and yet this resolution proposes to let the judge 
 of an election without any legal acumen, or 
 argument made before him, or any evidence 
 except that which may be gathered at the polls 
 determine the qualifications of a voter, as to 
 whether he has given aid or encouragement- 
 Now, I ask, is that a proper place to try a 
 man ? Is it right that a judge of election from 
 the street corners should pass upon a question 
 
45 
 
 which might well occupy the ablest jurors of 
 this country ? 
 
 Mr. HITCHCOCK. With the permission of 
 the gentleman, I would like to say that, if there 
 is likely to be any misapprehension concerning 
 this part of the ordinance, I have no doubt 
 that every friend of the ordinance, as it stands, 
 would consent to a modification looking to the 
 removal of even the possibility of misconstruc- 
 tion. 
 
 Mr. WOOLFOLK. It is drawn up so loosely 
 that I think it should be referred back to the 
 committee. I am unwilling, sir, that a ques- 
 tion of this magnitude should be left to the 
 determination of a judge, on the day of election. 
 I contend, therefore, that it is entirely inexpe- 
 dient to undertake to do what is here proposed ; 
 it would result in excluding from the polls, as 
 I think, at least two-thirds of our population, 
 for I believe that two-thirds of the population 
 of Missouri have, at some period during the 
 rebellion, committed acts which might be con- 
 strued as giving aid or assistance. They may 
 have done it through idle talk, or a hundred 
 othei- ways. We know that even politicians 
 have not been entirely consistent on this ques- 
 tion. It is too sweeping; and when we think 
 of giving the judge of election the right to 
 determine at the moment, when three hundred 
 or four hundred voters are at the polls, as to 
 their qualifications, it appears clear to my 
 mind that it would be wholly inexpedient to 
 entertain such a proposition. In the third 
 place, I say it is impracticable. I think, as 
 my friend from Green said yesterday, that it 
 would result in conflict, and keep up this re- 
 bellion in the State of Missouri. A great many 
 good men would refuse to go to the polls under 
 such circumstances. They would feel that 
 their political enemies might challenge their 
 votes that any street loafer might challenge 
 him, and bring forward his whole political 
 record and character, in order to let the judge 
 of the election determine whether he had given 
 aid or assistance to the rebellion. Now there 
 are but few men who would be willing to sub- 
 mit thus to an insult, or who would be disposed 
 to go to the polls, in the midst of an excited 
 multitude, under circumstances of this sort. 
 I do not believe the free people of Missouri 
 would stand that thing. They might for a 
 time, and let a few radicals ride over them 
 rough-shod; but in a very little while the people 
 of Missouri would rise up against it, and you 
 would soon find that the polls of your State 
 would be red with blood. Such a measure 
 
 would sow the seeds of jealousy and discord, 
 and result in disaster to the State. In this 
 view of the case, therefore, I hope the measure 
 will be defeated. 
 
 Mr. SHANKLIN. I wish to offer an amend- 
 ment to the amendment; to strike out the whole 
 of the first section. 
 
 The VICE PRESIDENT. The opinion of the 
 Chair is that the amendment is not in order. 
 
 Mr. BROADHEAD. I do not rise, sir, for the 
 purpose of speaking of the merits of this 
 question, but I wish tp make a few remarks 
 concerning the argument of the gentleman who 
 has just taken his seat. I am opposed to these 
 words: "or who may have since that time 
 adhered, or given aid, assistance, or encourage- 
 ment to the rebellion." Now, I have a motion 
 written out to strike out those words, as I con- 
 sider they are indefinite, and for the further 
 reason that I think they would disqualify all 
 those who have given aid to those engaged in 
 rebellion. According to a strict construction, 
 it would affect any individual who had given 
 aid or comfort to any person engaged in rebel- 
 lion, not for the purpose of enabling him to 
 carry on the rebellion, but for the purpose of 
 enabling him to live as an act of humanity. 
 I merely read this for information, because I 
 know it would not be in order now to offer it 
 as an amendment. " Insert after the word 
 'arms,' in the first line, <or levied war.'" The 
 amendment offered by the gentleman from 
 Green, affects the whole question. I hope the 
 Convention will not strike out as proposed by 
 the gentleman from Green, until the friends of 
 the bill can amend the first part as I proposed. 
 If they are then opposed to the first part, we 
 can then bring up the question directly, as to 
 whether those engaged in the rebellion shall 
 hereafter exercise the right of suffrage, or 
 whether we will limit such men as desire to 
 hold office hereafter. Are we willing to give 
 these men the right of suffrage, a right which 
 they have forfeited by levying war against the 
 Government, and which in effect has expatri- 
 ated and deprived them of all political rights ? 
 If we are disposed to give them all these rights 
 which they have forfeited, let us say so directly. 
 
 Mr. HALL of Buchanan. Does the Chair 
 decide that the gentleman's amendment would 
 not be in order? 
 
 The VICE PRESIDENT. He has not offered it. 
 
 Mr. BROADHEAD. I will offer it as an 
 amendment. 
 
 The VICE PRESIDENT. The amendment goes 
 back to the first line of the original section, 
 
46 
 
 which cannot be amended at this stage, ant 
 therefore it is out of order. 
 
 Mr. HALL of Buchanan. I beg leave to 
 make a suggestion. I understand parliament- 
 ary rule to be that, when a proposition is made 
 to strike out, it is always in order to move to 
 perfect the portion moved to be stricken out 
 or to perfect any other portion of the section 
 which will be affected by striking out, and this 
 can be done before the motion to strike out is 
 put. Now, the proposition of the gentleman 
 from St. Louis, as I understand it, does affec 
 the meaning of the words which the gentleman 
 from Green proposes to strike out. 
 
 The VICE PRESIDENT. This question was 
 decided by the Chair yesterday morning, and 
 I think correctly. 
 
 Mr. HALL. It was decided, I think, six times 
 yesterday, and every time a different way. 
 
 Mr. BROADHEAD. May I ask the gentleman 
 from Green to withdraw his amendment until 
 a vote can be taken, so as to let the question 
 be brought up on its merits. The words "levied 
 war" are well understood. They have a fuga- 
 cious meaning, and are interpreted and under- 
 stood by the courts all through the country. 
 The words used in the section have not been 
 adjudicated upon. The gentleman from Liv- 
 ingston (Mr. Woolfolk) does the committee 
 injustice in supposing the judges of election 
 are to determine this question. The report 
 proposes no such thing, but that those engaged 
 in levying war shall not be entitled to vote. 
 The judge of election is required to administer 
 the oath, and if the party forfeits that oath, 
 then he can be brought before a judicial tri- 
 bunal. 
 
 Mr. STEWART. Before the motion is with- 
 drawn- 
 Mr. ORR. It will not be withdrawn. 
 Mr. STEWART. I want it read. 
 Mr. HOWELL. Is it in order now to move a 
 substitute for the whole ordinance? 
 
 The VICE PRESIDENT. I think not at the 
 present time. 
 
 Mr. HOWELL. It strikes me that the common 
 sense of the thing is, that if my substitute 
 should prevail there is no utility at all in per- 
 fecting that which would ultimately be super- 
 seded by the substitute. 
 
 The VICE PRESIDENT. When the amend- 
 ment is disposed of, then it will be in order to 
 offer a substitute. 
 
 Mr. HOWELL. Then I will withdraw it until 
 this amendment is disposed of. 
 
 Mr. ORR. I do not wish to detain the Con- 
 
 vention but a few minutes. I do not propose 
 to strike out the first section entirely j I am 
 willing to have that apply to candidates for 
 office for all time to come. I merely propose 
 to strike this out : " nor to vote at any election 
 from and after the passage of this ordinance." 
 With that stricken out, I am in favor of the 
 first section. I propose to strike out so much 
 of the second section as will make it conform 
 to the first section, if my first amendment is 
 agreed to. I am opposed to any substitute that 
 will create two classes of voters in Missouri, 
 and array them against each other one class 
 to swear that they have not been in the rebel- 
 lion, or given aid and comfort to the enemy, 
 and the other class to swear that they have 
 been forced and deceived into the rebellion. I 
 want every citizen to take the oath that I take. 
 I do not want to vote with a class of men 
 different from myself a class of criminals. If 
 we create these different classes here, as I 
 stated yesterday, you and I will not keep our 
 heads above the sod long enough to see the end 
 of the evils that will result, and, so help me 
 God, I will not hold office in Missouri six weeks 
 from to-day and I doubt not you can get 
 along well enough without me. 
 
 There is an additional oath attached to the 
 ninth section, which says, that any individual 
 forced into the rebellion may take this oath 
 may go before the community and swear that 
 he is a traitor. I do not understand the Con- 
 stitution of my country to prescribe any such 
 rule of conduct, and I do not understand that 
 you have the right to make me swear that I am 
 a traitor. I do not understand it to be the 
 policy of this country, and I am opposed to it. 
 The gentleman from St. Louis (Mr. Broad- 
 bead) does not seem to understand the position 
 ;aken by the gentleman from Livingston (Mr. 
 Woolfolk) that the judges of election are to 
 e the triers of treason. I do. I understand 
 hat if a man has been in rebellion has waged 
 war or levied war he is a traitor ; arid when 
 le comes to vote, an individual has the right to 
 challenge htm, and these judges of election 
 hen have the right to determine whether or not 
 he has the right to vote. I go to the polls to 
 vote, and Mr. Broadhead says I am guilty of 
 evying war against the Government of the 
 [Jnited States. He swears he saw me in Price's 
 army, and the judges of election say I shall 
 not vote. Have they not determined before 
 he world that I am a traitor? Never will I 
 >ermit a man picked up at the street corners to 
 decide that I am guilty of treason. We have 
 
47 
 
 courts in Missouri whereby this offense can be 
 tried. If I am convicted, I will never vote 
 afterwards. 
 
 Mr. Hitchcock said that my objection to the 
 judges of election deciding this matter went too 
 deep that it went so far as to deprive the 
 judges of election from deciding upon any 
 qualifications. Not at all. I expect the judges 
 of election have the right to decide whether 
 I live in the county or not, and to swear me as 
 to whether 1 have voted in any other precinct} 
 but I do not understand that the judges of elec- 
 tion have a right to decide whether I have been 
 guilty of treason. I have said as much as 
 anybody in favor of United States Courts find- 
 ing men guilty of treason, but don't let us try 
 them on election day. I think the gentleman 
 from Livingston has shown you the impracti- 
 cability of attempting to ascertain who may 
 have been guilty of treason, when it would 
 require the Judges of Courts six months to in- 
 vestigate the matter. I will notice another 
 little matter in this connection The gentle- 
 man f i om St. Louis ( Mr. Hitchcock) yesterday 
 said that I said, " Pass the ordinance it will 
 keep the secessionists out of the State." The 
 gentleman misunderstood me. I do not object 
 to their remaining out of the State they can 
 all have my consent to leave the State j but I 
 said this that they would go out of the State 
 and they would never come back again, unless 
 they came back to shoot, and destroy the peace 
 of this country. I do not care whether they 
 come back or not; but if they want to come 
 back like prodigal sons, and lay down their 
 arms, I say it is the policy of this country to 
 let those who desire protection have it, and not 
 to force them to fight to the death. The gen- 
 tleman said I alluded to the abolitionists. I 
 hope that no member of this Convention con- 
 sidered that I alluded to anybody here. 
 
 Mr. HITCHCOCK. That was merely an un- 
 intentional remark, which I hope the gentleman 
 will not trouble himself with. 
 
 Mr. ORR. I will only play on it about a 
 minute. I only said that there were abolition- 
 ists at the North and nullifiers at the South, 
 and that I had as soon one would break up the 
 Government as the other. But I do not think 
 there is an abolitionist in this Convention. I 
 look upon any man who desires to ruin our 
 Government as a nullifier. 
 
 Then I wish to notice the remarks of the 
 gentleman from Buchanan. He says that if 
 the constituents are disloyal the representa- 
 tives will be disloyal. That may be true. We 
 
 have, however, managed our part of the country 
 notwithstanding we have been run over again 
 and again so that there is not a county to-day 
 in Phelps* district that is not loyal, and that 
 would not as between Secession and the Union 
 vote in favor of the Union ; and every soli- 
 tary man in Price's army might come home 
 and vote without restraint. I was astonished 
 at one remark the gentleman made. That was 
 this, that he recommended General Halleck to 
 force the people of Missouri last spring to take 
 a certain oath. I also understood him to say 
 that he would not believe a secessionist on 
 oath, because they perjured themselves. I 
 understood him to say, in the next breath, that 
 that oath had been conducive of much good to 
 the people of Missouri. 
 
 Mr. HALL of Buchanan. I understood the 
 position of certain gentlemen to be that they 
 were not willing to apply the oath to voters, 
 but to office holders. My remark was that it 
 would be useless to confine it to the office 
 holders. 
 
 Mr. ORR. I am glad to take it back. I 
 understood you differently. J will illustrate 
 the difference between the position of Governor 
 Hall and that of Governor Orr, if I had had 
 votes enough. I understand that the military 
 shall be subordinate to the civil law. I under- 
 stand it to be the duty of Governor Hall, while 
 acting as Governor, to see the civil law en- 
 forced, and I understand it to be his duty to 
 call the military authorities of Missouri to 
 back him ; but I do not understand it to be the 
 duty of the Governor of Missouri to ask Gen- 
 eral Halleck to enforce something that is 
 neither civil or military. He stated that he 
 presumed there was no Union man in Missouri 
 opposed to that. If he will look this way he 
 will see one who is opposed to all such conduct 
 as that. I want General Halleck to help en- 
 force the civil law, but I do not want to 
 see him go a solitary step ahead of that. I 
 would look upon it as a species of mobo- 
 I cracy. 
 
 The Governor went a step further, and made 
 this allusion. I hope he will take it back. 
 He said : " Does any person believe that the 
 military authorities in this State will suffer any 
 secessionists to vote?" If I did not believe it 
 I would not say another word. 
 
 Mr. PHILLIPS. If General Halleck, as 
 
 commander-in-chief, issued that order at the 
 
 : request of the Governor of the State, was he 
 
 not acting in obedience to the civil authorities ? 
 
 Mr. ORK. No, sir j he was acting in obedi- 
 
48 
 
 ence to the civil authorities, but not in obedience 
 to the civil law. 
 
 Mr. PHILLIPS. Is not the gentleman aware 
 of the fact that the State of Missouri was under 
 martial law? 
 
 Mr. ORR. I am not. I understand there 
 was a small streak through it that was under 
 martial law. General Halleck had a right to 
 close the door, but he had no right to say what 
 kind of an oath the people should take. I do 
 not understand that since Fremont left the 
 State has been under martial law. 
 
 Mr. STEWART. I would like to ask the 
 gentleman a question if he don't think the 
 United States is paramount to any State? 
 
 Mr. ORR. I think the United States is par- 
 amount to any State. 
 
 Mr. STEWART. Then what are you talking 
 about? 
 
 Mr. ORR. I believe these are all of the 
 remarks of the gentleman that I wish to notice. 
 Now, I want all office holders to take the oath, 
 and be clear of having heretofore given aid or 
 comfort ; and I want the voters to come forward 
 and swear that they will not do it again, and 
 that they will renounce all allegiance to the 
 Jeff. Davis Government. If they take the oath 
 of allegiance to support this Government, why, 
 of course, they renounce all other Govern- 
 ments. And now, gentlemen, I shall not appeal 
 to your justice or your sympathy. If you are 
 prepared to vote for the resolution as intro- 
 duced by the committee, why do so ; but if 
 you think it is sufficient to say that every man 
 who shall lay down his arms shall be protected 
 and live in peace, I should be proud to have 
 you vote with me. I believe that is enough. 
 I believe it will have the effect to take the 
 wind out of their sails, and that so many indi- 
 viduals will desire to come home that it will 
 weaken and discourage our enemies. But, sir, 
 if you force them all out of your protection 
 if you say that all of these men who have given 
 aid and comfort shall be deprived of their 
 rights, you will force all those men in a body 
 against you. 
 
 It has been urged that if my amendment is 
 agreed to, the offices in the State of Missouri 
 will go into the hands of the rebels. I have 
 no fears of that at all. Not a solitary rebel 
 will be elected to Congress, and not one will 
 be elected to the next Legislature. There is 
 no sensible man in Missouri that does not see, 
 clear as the sun at noonday, that there is no 
 earthly chance to take Missouri into the 
 Southern Confederacy, even though every 
 
 Southern State maintains itself; seeing that, 
 no man, however much he may have desired 
 such a result, will again use his efforts to stir 
 up another civil war in this State in order that 
 his friends may be killed. 
 
 Mr. HENDERSON. I have examined this 
 proposition, and really, it seems to me, there 
 is too much importance given to the provision 
 proposed to be struck out by the gentleman 
 from Green, and too much importance given 
 to the whole ordinance. The gentleman seems 
 to think it will open up something like a civil 
 war in the State if we refuse to adopt his 
 proposition. I cannot see from whence such 
 an impression comes. I do not desire to be 
 harsh upon those individuals who have been 
 seduced from the path of duty, as far as their 
 allegiance to the Government is concerned, and 
 I would be glad to adopt some policy by which 
 to restore the utmost good feeling between the 
 loyal men and the disloyal men of this State. 
 But what are the facts, particularly in refer- 
 ence to the district of country from which my 
 friend hails? Do we not know that Missouri 
 is again being invaded by the citizens of 
 Arkansas and of our own State, heretofore 
 driven out by our soldiers? The fact is, I 
 would not be surprised to learn that at this 
 moment an army is approaching the Missouri 
 river from the south-west. 
 
 Now, here is a proposition to exclude a cer- 
 tain class of individuals from the polls, who 
 have been actively engaged in the rebellion. 
 It does not exclude anybody else. I could not 
 vote to exclude a man from the polls who has 
 given up all interest in the rebellion. If a man 
 will yield obedience to the Government of the 
 United States, and take an oath to remain a 
 good and loyal citizen hereafter, I am perfectly 
 willing that he shall vote. What is the propo- 
 sition, sir, and what is the offense of which we 
 are thinking? It is, as I understand it, the 
 offence of treason against the United Stales, or 
 treason, if you please, against the State of 
 Missouri, if there be such a thing as treason 
 against a State. Now, the proposition is, that 
 those individuals who are desirous of over- 
 turning the Government of the United States 
 shall be permitted to go to the polls and accom- 
 plish their purpose there. Now I object to 
 that. We must not open the door for a class 
 of men who will cease striking at the military 
 power when they discover an opportunity to 
 strike at the civil Government itself. Are you 
 going to open the polls again and proclaim to 
 disloyal men to come forward and vote? I 
 
49 
 
 trust not. But if persons wish to renounce 
 their disloyalty and renew their allegiance to 
 this Government, I am perfectly willing to 
 permit them to come and exercise their rights, 
 as they will have the opportunity to do under 
 the provisions of this bill. 
 
 Mr. President, the gentleman from Greene 
 supposes that the judges of election will have 
 the trial at the polls in regard to the loyalty of 
 the individuals presenting themselves. If that 
 is so, I am against the ordinance. I do not 
 want the investigation to take place before 
 the judges of election ; first, because they are 
 not qualified to treat upon this question, and 
 in the second place, it is not the tribunal here- 
 tofore provided by the State or National Gov- 
 ernment for the purpose of trying the question 
 of treason or disloyalty. But is that the case ? 
 Why, the gentleman will find, upon examining 
 the fourth section of the bill, that he is greatly 
 mistaken. The first section provides that those 
 persons who, since the 1st day of August, 1861, 
 have taken up arms against the Government of 
 the United States, or levied war because that 
 is the term, Mr. President, that I desire to see 
 used in this bill, because, as said by the gen- 
 tleman from St. Louis, (Mr. Broadhead,) it is 
 the term to which a judicial construction has 
 been given shall not be permitted to vote. I 
 do object to the phraseology of the section as 
 it stands, and many of the remarks of the 
 gentleman from Livingston are proper in refer- 
 ence to these words: "adhered to, given aid, 
 assistance or encouragement," &c. Now, 
 suppose a disloyal man goes to the polls and 
 offers to vote. The judges require him to take 
 an oath, in accordance with the first section, in 
 order to ascertain whether he possesses the 
 qualifications prescribed in the first section. 
 If he refuses to take the oath, it is evidence 
 that he has been in arms, or levied war, or 
 given aid to the enemies of the Government. 
 Suppose he refuses to take the oath. Then, as 
 I understand it, the ninth section comes in to 
 his relief, and permits him, if he is willing to 
 be a loyal citizen hereafter, to take the oath 
 and to vote. The gentleman from Greene has 
 misunderstood, or is mistaken, in regard to this 
 proposition. He says many men have been 
 unavoidably forced into the rebellion, and that 
 if a pnrty has been forced into the rebellion 
 against his wishes, or in order to save his own 
 life, this bill will disfranchise him. Now, 
 there is nothing to prevent men who have been 
 forced into this rebellion, from coming for- 
 ward and taking this oath prescribed in the 
 
 ninth section, and exercising the right of suf- 
 frage. 
 
 What are we doing ? Are we not endeavor- 
 ing to sustain the Government ? Have we not 
 called upon the Government of the United 
 States to send thousands of troops into the 
 State for the purpose? Then, sir, if an indi- 
 vidual is not willing to abjure his allegiance to 
 the Confederate Government and give up his 
 opposition to the Constitution of his country, 
 he ought not to be entitled to vote. I do not 
 want to exclude men unnecessarily from the 
 polls, and this bill proposes nothing of the kind. 
 The gentleman has alluded to the subject of 
 the challenge, and says the judges of election 
 have no right to exclude a man from the polls. 
 Not by any means. If the gentleman offers to 
 vote, the judges will ask him, in the first place : 
 "Are you qualified?" If he says "I am not 
 willing to take that oath in the first section," 
 he cannot vote. If he says, "I have been 
 engaged in the rebellion, but I desire now to 
 renounce all allegiance to the Southern Con- 
 federacy," then the judges can administer the 
 oath in the ninth section, and he can vote. If 
 he refuses to take the oath in the ninth section, 
 then the question comes up as in the case of all 
 challenged voters in accordance with the forty- 
 fourth section of the election act. Now, if a 
 person presents himself and takes the oath, 
 and a party challenges his vote and says, "this 
 fellow is not entitled to vote," then he has 
 made himself liable to the pains and penalties 
 of perjury. He is entitled to vote, but the 
 judges must put down his name and the name 
 of the candidate for whom he offers to vote. 
 The candidate may be elected to the Legisla- 
 ture. But suppose he may have had a large 
 number of challenged votes? Then the op- 
 posing candidate may go before the Legislature 
 and say, "I ask ihat my competitor may not 
 be permitted to take his seat, and that I may 
 be permitted to do so." Then the Legislature 
 will determine on the qualifications of these 
 challenged voters, and not the judges of election 
 on the day of election. The action here pro- 
 posed is not impracticable at all, and it will 
 not involve the State in another civil war, as 
 gentlemen have contended. 
 
 Again, when a person offers to vote, and you 
 are satisfied he has given aid or assistance to 
 the enemy, what is the duty of the judges of 
 election ? It is to take the name of the party 
 and the name of the candidate for whom he 
 offers to vote. The judges then go before the 
 Judge of the Circuit Court and present the fact 
 
50 
 
 in regard to the qualifications of the voter, and 
 the question is then tried exactly as you try 
 any other question. 
 
 Mr. President, when I first looked over the 
 ordinance I did not think I should vote for the 
 ninth section. In my view of the subject, it is 
 giving them as much as they can reasonably 
 expect. When this rebellion is over when I 
 am satisfied it is over I will be willing that 
 every man who comes into the State of Missouri 
 and conducts himself as a peaceable and loyal 
 citizen, shall be entitled to vote j and I, as a 
 member of a Legislative body, would vote to 
 restore a man to all the rights of citizenship, 
 when it became evident that he was sincere in 
 his loyalty to the Government. But can gen- 
 tlemen complain, who have been engaged for 
 the last twelve months in levying war against 
 the peace of this country, and who have 
 brought all our troubles upon us, and who are 
 to-day endangering the institutions of Missouri 
 and every State in the Union can they com- 
 plain when we say, " inasmuch as you are 
 levying war against us, and can more success- 
 fully do it by coming to the polls, we have, 
 therefore, seen fit to place restrictions over 
 you, with a view of preventing you from 
 inflicting the terrors of the past upon us again ? 
 Can they object to such action on our part? 
 I think, on the contrai y, that they will consider 
 it proper and right, and no more than they 
 could reasonably expect. Sir, if I had been 
 seduced into a position against my Government, 
 I kno-.v I would be willing to take upon my- 
 self the penalty prescribed by the bill, and 
 submit to it until the termination of the war. 
 Are you willing to permit a man who comes 
 jn and offers to vote, but is not willing to take 
 the oath that he has wilfully been in arms 
 against the Government, to take the oa*h that 
 he will be loyal to the Government in the 
 future? There is nothing else in the ninth 
 section. Do you suppose there is any man in 
 Price's, Van Dorn's, or Beauregard's army, 
 to-day, who will not say that he took up arms 
 " under a supposed obligation of duty," accord- 
 ing to the phraseology of this ninth section? 
 If he did not take up arms "under a supposed 
 obligation of duty," he is a very demon, and 
 jou^ht never to be permitted to exercise the 
 rights of a citizen. But if he comes in and 
 say?, "I was seduced into this thing and was 
 mistaken," or "I took up arms through fraud- 
 ulent misrepresentations," then he will be 
 allowed to vote under this ninth section. In 
 fact, the language is sufficiently broad to cover 
 
 almost every conceivable idea in which a man 
 may have been seduced from fidelity to his 
 Government. 
 
 Mr. ORR. Would you make a man come up 
 and swear that he had been guilty of treason ? 
 
 Mr. HENDERSON. It seems to me it is no 
 great dishonor for a man to admit the fact 
 when it is notorious. But I think the gentle- 
 man from Greene is mistaken. The oath in the 
 ninth section does not require that a man shall 
 swear he has committed treason. It simply 
 nullifies the first part of the ordinance. It is a 
 clear absolution of all past offences, without 
 an acknowledgment on the part of the of- 
 fender. 
 
 Mr. CALHOUN. I would like to ask my 
 colleague a question. I know many good men 
 in my county your constituents and mine 
 who are now under bonds of from $5,OCO to 
 $10,000 that they have never taken up arms, 
 but simply sympathized with the South. Now, 
 if these men come forward to the polls to vote, 
 will you require them to take this oath or not? 
 
 Mr. HENDERSON. The ninth section will 
 let them vote. 
 
 Mr. CALHOUN. Do you require that addi- 
 tional oath? 
 
 Mr. HENDERSON. Which one? 
 
 Mr. CALHOUN. The one prescribed in this 
 ordinance for voters to take. 
 
 Mr. HENDERSON. I suppose so. 
 
 Mr. CALHOUN. My neighbors have taken 
 the oath half a dozen times already. Every 
 new commander that comes along will pre- 
 scribe a new oath. 
 
 Mr. HENDERSON. Well, I cannot vote 
 without taking an oath, and the gentleman 
 himself cannot; and if he wants to let these 
 gentlemen who are under bonds 
 
 Mr. CALHOUN. But they cannot be permit- 
 ted to vote under the provisions of this bill. I 
 might be expelled because I was compelled by 
 men in Price's army to do what would be con- 
 strued into aid and comfort. I was compelled 
 to do this for my own safety. 
 
 Mr. HENDERSON. I think I have already 
 answered that objection that if a person who 
 has given aid to the enemies of his country 
 could show the fact that they came in sufficient 
 numbers to force him to do what he did, then 
 he will not be deprived from voting. The first 
 part of the ordinance looks formidable indeed, 
 but the ninth section comes in and knocks that 
 away destroys the whole tiling and says a 
 man may be entitled to vote if he can show 
 good cause. If he is willing to come up 
 
51 
 
 Mr. CALHOUN. Well, these men have gone 
 up. 
 
 Mr. HENDERSON. Then they ought to take 
 the oath, and act up to it. But I have said all 
 I desire to say. I see the gentleman is becom- 
 ing sensitive. 
 
 Mr. CALHODN. No, I am not. 
 
 Mr. HENDERSON. I wish to say that I am 
 willing to vote for the ninth section, notwith- 
 standing gentlemen think it will produce civil 
 war. If a man cannot take the oath which is 
 therein prescribed, he ought never to be per- 
 mitted to vote. 
 
 Mr. SMITH, of St. Louis. There is an in- 
 consistency in this ordinance that will prevent 
 me from voting for it. In the second section 
 it says no person shall vote, at any election to 
 be hereafter held in this State, who shall not 
 take an oath that he has not, since the 1st day of 
 August, 1861, taken up arms, or levied war, 
 against the Government of the United States, 
 or the Provisional Government of the State of 
 Missouri. In this ninth section it says they 
 may vote 
 
 The VICE PRESIDENT. The proposition be- 
 fore the Convention is the adoption of the 
 amendment offered by the gentleman from 
 Greene. 
 
 Mr. SMITH. I am well aware of that ; but 
 I believe other gentlemen have travelled over 
 the whole ordinance. My object is to propose 
 that the Committee now rise and report to the 
 Convention, after which I will move to re-com- 
 mit the whole ordinance. 
 
 The VICE PRESIDENT. In the opinion of 
 the Chair, the Convention is not in Committee 
 of the Whole. 
 
 Mr. MCFERRAN. I think so. There has 
 been no motion to go into Committee of the 
 Whole. 
 
 Mr. WILSON. Before the gentleman (Mr. 
 McFerran) proceeds with his remarks, I would 
 like to ask him a question. At one of the for- 
 mer sessions of this Convention a sort of am- 
 nesty act was passed, inviting the return of va- 
 rious persons from the army, and elsewhere, 
 who had been guilty of offences against the 
 Government, and insuring them protection for 
 the future. I would ask the gentleman what 
 provision he has made for that very numerous 
 class which I have no doubt did return and take 
 the oath in accordance with that amnesty reso- 
 lution. Now, is it intended by this ordinance 
 to exclude that very numerous class ? From 
 all that I can see upon the face of the ordi- 
 nance that is the determination of the Commit- 
 
 tee, as indicated in the report. Now, it seems 
 to me, Mr. President, that that would be an act 
 of bad faith on the part of this Convention, to 
 invite citizens to lay down their arms and cease 
 their acts of rebellion, and promise them full 
 immunity for the future, and then, at a subse- 
 quent session of the Convention, disfranchise 
 these same people that we admitted as citizens. 
 It does seem to me there is a very numerous 
 class of people in this State who ought to be 
 exempted from the operation of the provisions 
 of this bill. I have understood that a great 
 many persons, in various parts of the State, in 
 conformity with the resolution passed by this 
 body, did file their oaths of allegiance to the 
 Government of the United States, and for aught 
 I know, have abided by and fulfilled the obli- 
 gations they took upon themselves, and 
 
 Mr. SMITH, of St. Louis. I insist upon my 
 point of order. My object is to let an ordinance 
 be submitted that we can all agree to. 
 
 Mr. WILSON. According to the decision of 
 the Chair, the motion to re-commit is in order. 
 Mr. MCFERRAN. I hope the Convention will 
 not re-commit this report at this time. The 
 amendment offered by the gentleman from 
 Greene brings up a vital question, and a ques- 
 tion which must be determined before the Con- 
 vention can make a report that will be intelli- 
 gible, or will cover the whole ground in rela- 
 tion to this question. The great question now 
 before the Convention is whether the Conven- 
 tion will pass an ordinance that will be retro- 
 spective in its action whether they will exclude 
 men from the elective franchise on account of 
 
 their past acts. 
 
 Mr. Moss. I do not understand that the gen- 
 tleman from St. Louis has made a motion to 
 re-commit. 
 
 Mr. SMITH. I intimated that if the Com- 
 mittee rose I would then make such a motion 
 in Convention. 
 
 The VICE PRESIDENT. I will state to the 
 gentleman from St. Louis that, in the opinion 
 of the Chair, the Convention is not in Commit- 
 tee of the Whole, and that a motion to re-com- 
 mit is in order. 
 
 Mr. SMITH. If the Convention is not in 
 Committee of the Whole, then I will make 
 the motion to re-commit. 
 
 Mr. HENDERSON. Under a motion to re-com- 
 mit, a party cannot discuss the merits of the 
 bill, as I understand it. 
 
 Mr. MCFERRAN. And that is just what I 
 was going to talk about when I was interrupt 
 ed. The position I assume, is this : that the 
 
52 
 
 Convention must decide the question raised by 
 the gentleman from Greene. If the ordinance 
 is to be made retrospective as to voters and of- 
 fice holders, or prospective as to voters and re- 
 trospective as to office holders, then the ques- 
 tion must be decided by this Convention, and 
 nothing can be made by a re-committal until 
 that question is decided. The question raised 
 by the amendment is one of great magnitude 
 and importance, and one that will require all 
 the wisdom and intelligence of this Conven- 
 tion to decide. The Committee might decide 
 one way, as they have reported, and the Con- 
 vention might decide another way. Therefore, 
 to facilitate the business of the Convention, I 
 hope the ordinance will not be re-committed 
 until the amendment of the gentleman from 
 Greene is acted upon. 
 
 Mr. DONIPHAN. I desire to ask the Chair- 
 man of the Committee a question or two. The 
 gentleman from Pike (Mr. Henderson) in his 
 argument here, assumes that the method by 
 which the loyalty of voters is to be ascertained 
 is all contained in this second section, and I un- 
 derstand the gentleman from Greene proposes 
 to strike out the first section as wholly unmean- 
 ing. I want to know what it is that is to be 
 applied to voters other than what is in the 
 second section. 
 
 The VICE PRESIDENT. The only question 
 before the Convention is on re-committing the 
 ordinance. 
 
 Mr. DONIPHAN. I ask this for information. 
 
 Mr. McFERRAN. I will answer the distin- 
 guished gentleman from Clay, that I only re- 
 gard the amendment of the gentleman from 
 Greene as important because of the fact that its 
 determination will settle the principle by which 
 this Convention is to be governed. As to the 
 first section, I think it may as well be stricken 
 out. I will state this, in justice to the Com- 
 mittee, that in preparing this ordinance we did 
 it in great haste, because the Convention was 
 waiting for it, and under the spur of the mo- 
 ment, as it were, this ordinance was agreed to. 
 Since I have had time to reflect and consider, 
 and scan it all through, I am satisfied that the 
 first section may be stricken out entirely, and 
 that the ordinance will not be changed at all. 
 The amendment of the gentleman from Greene 
 is of the first importance, because it involves the 
 question whether acts retrospective shall be 
 made to bear upon the right of the voter, or 
 whether they shall be prospective only. I deem 
 this enough to state on the motion to re-com- 
 mit. 
 
 Mr. HOWELL. As another member of that 
 Committee I concur with the Chairman, with 
 whom I differed, so far as the ordinance is con- 
 cerned, that its re-commitment would amount 
 to nothing. 
 
 The motion to re-commit was lost. 
 
 Mr. SHANKLIN. I believe the whole of the 
 first section is fraught with mischief, but at 
 the same time I believe there is nothing really 
 vital in it, or practical at all. Whatever the 
 Committee thought practical in the first section 
 is resolved by the second, and the first section, 
 therefore, is simply a barren declaration, and 
 contains nothing practical, and hence I moved 
 to strike it out, when I was declared out of or- 
 der. The pending motion is to strike out a 
 part of that section, which I believe to be all 
 wrong, and hence I shall vote for the motion to 
 strike out. 
 
 Mr. Moss. I differ very widely from the 
 gentleman from Pike in regard to the import- 
 ance of the proposition now before the Conven- 
 tion. He intimated in the remarks he made a 
 short time ago, that we were attaching too 
 much importance to the question now before 
 us. 
 
 Mr. HENDERSON. As to the amendment. 
 
 Mr. Moss. I am speaking in reference to 
 that. That, in my opinion, is a vital question. 
 It is one upon the proper determination of 
 which depends more in the State of Missouri 
 than, perhaps, any other question that will be 
 submitted to this Convention. I take it for 
 granted that we are all here for the same great 
 purpose ; that all we desire is to see this Gov- 
 ernment restored to its former supremacy. We 
 want to see peace and harmony once more. 
 The only things that divide us here are our 
 different views or plans for accomplishing the 
 same result. Some gentlemen think it makes 
 little difference what plan we adopt to attain 
 the end we desire ; but, sir, upon the character 
 of the plan settled upon here depends the suc- 
 cess of the measure itself. I presume every 
 man in this Convention desires to see the State 
 of Missouri remain under the control of loyal 
 men ; and I presume that every man of com- 
 mon sense in the State of Missouri, who is not 
 an outlaw at heart, now desires to see the State 
 remain under the control of loyal men. Upon 
 that point, then, we are agreed. The question 
 is, -how shall we attain that object in the most 
 executive manner, and what measures shall we 
 adopt in order to achieve the great end that 
 will be attained with the least danger and dif- 
 ficulty? That is the proposition now before the 
 
53 
 
 house ; and I presume it is the desire of every 
 member of this Convention, MS far as possible, 
 to stand upon that plank. And in this connec- 
 tion, Mr. President, I shall be compelled, in my 
 remarks in reference to this amendment, to dis" 
 cuss the merits of another matter in connection 
 therewith, (and although it may not be strictly 
 in order to do so, I hope I shall be indulged by 
 the Convention, if I should be considered out 
 of order,) and tbat is the ordinance offered by 
 the gentleman from Monroe, (Mr. Ho well). 
 
 Now, starting out with the proposition that 
 we all desire the State of Missouri to remain 
 under the control of loyal men, I am for that, 
 and I believe tlie best plan to reach that point 
 successfully, and without convulsing the State 
 without creating excitement, and, perhaps, pre- 
 judice and warfare is to have no election at all, 
 except for members of Congress. The Com. 
 mittee, sir, who have reported upon the elec- 
 tive franchise, seem to have been impressed 
 with the importance of the view I am now sug- 
 gesting, as far as a part of the elections are 
 concerned. They agreed, I believe unanimous- 
 ly, that it would be for the interest of the State 
 of Missouri to have no election for Governor and 
 State officers. Sir, I am at a loss to know 
 what argument can be used in favor of that 
 proposition that will not bear with equal force 
 upon the other. I want to know, if the people 
 of Missouri are in no condition to elect an Ex- 
 ecutive, are they in a condition to elect those 
 who will make laws to be executed ? 
 
 Mr. McFERRAN. With the permission of 
 the gentleman, I desire to say that it was the 
 majority of the Committee that reported the 
 ordinance continuing in office the Governor, 
 Lieutenant Governor, and Secretary of State. 
 
 Mr. Moss. Well, I have not seen any mi- 
 nority report. But to return to the point I 
 was urging. I believe, as I remarked, that the 
 object which we all desire is that the State 
 shall remain under the control of loyal men, 
 and this can be accomplished successfully 
 more so than by any other plan by adopting 
 the plan which has been submitted by Mr. 
 Howell. I hear gentlemen argue in behalf of 
 the proposition for having an election in this 
 way. I think my friend from Buchanan, who 
 addressed the Convention yesterday, urged, as 
 an argument in favor of that view of the case, 
 that it was advisable to get back as soon as pos- 
 sible to the old order of things ; that we should 
 as soon as possible return to the people, and 
 give them an opportunity to exercise the pow- 
 er, which they already have, of choosing their 
 
 own rulers, and taking their own affairs into 
 their own hands. 
 
 I concur with the gentleman from Buchanan 
 (Mr. Hall) in his view of the subject; and I 
 would ask, Mr. President, if it is returning to 
 the old order of things to say to the people of 
 Missouri that you shall have an election, but 
 that only a certain class of our citizens shall 
 be permitted to vote ? That is not the old or- 
 der of things, Mr. President. We have never 
 had such an order of things in Missouri as that, 
 and I tell you it may be contended that this Con- 
 vention, by continuing itself in existence, with 
 the Provisional Government, will make itself 
 odious to the people. But, Mr. President, it 
 will not render itself half so odious by action 
 of that sort as it will by taunting the people 
 with the mockery of an election to have such 
 a miserable farce as would be enacted under 
 the provisions of this bill. I tell you it is tri- 
 fling with the people to attempt to palm such a 
 thing as that upon the people as an election. 
 Why, what is an election ? It is the permission 
 of the people to choose their own rulers and 
 law-makers not to a portion of the people, but 
 to the whole people. Now, I want to be under- 
 stood in this proposition. I am not in favor of 
 having an election, with all the restrictions with- 
 drawn from the people ; but I am in favor of 
 having no election at all, because I do not be- 
 lieve the people are in a condition to hold one. 
 That is my view of the subject. I want the 
 people to have an election whenever they can 
 have it free and untrammeled ; but until that 
 state of case exists in the State of Missouri, 
 we have no use for an election. 
 
 There may be objections urged to the propo- 
 sition I am making, and I have mentioned some 
 of them. This Convention may be charged 
 with being in favor of perpetuating its own ex- 
 istence, and things of that sort. In times like 
 these in revolutionary times when the peo- 
 ple arc mad, when reason has been dethroned, 
 it will be impossible for a body like this to act 
 without offending somebody, and without rais- 
 ing objections on the part of a large number of 
 people. Every measure will have its objection, 
 but the question is whether this plan is not lia- 
 ble to fewer objections than any other plan that 
 has been submitted. 
 
 My opinion is that that action would meet 
 with the approval of the people of Missouri I 
 mean the great majority of the people of Mis- 
 souri. Although a great many were hostile to 
 the Provisional Government when it was es- 
 tablished, yet they have become reconciled to 
 
54 
 
 it, their passions have calmed down, and they 
 have been pleased with the administration of 
 affairs on the part of Gov. Gamble and the 
 other gentlemen holding office in the State of 
 Missouri. In short, they have become satisfied 
 with the men selected by this Convention for 
 the State offices, with the appointments made by 
 the Governor, and with the men who have been 
 sent to represent us in the national councils. 
 They have come to believe that a large major- 
 ity of this Convention are conservative patriots, 
 and that they have at heart the interests of our 
 common country, and every day the Provisional 
 Government is gaining favor and strength, and 
 the people are becoming well reconciled to it. 
 But what do you propose here r i You propose 
 that a portion of the people of Missouri shall 
 vote and that a portion shall not. Why, sir, 
 the public mind is already sensitive delicately 
 go upon the great questions now agitating the 
 nation. While our hearts have been rejoiced 
 at the successes of the Federal arms, while 
 every patriot in the land has been filled with 
 hope in the pleasing anticipation that one day 
 our great Government would be restored upon 
 its ancient foundations, and that peace and har- 
 mony would once more dwell among us, we 
 have been startled by the intelligence that has 
 flashed over the wires in regard to a certain 
 movement that is being proposed in our Na- 
 tional Legislature. We see a dark cloud above 
 us from whose lurid bosom we are looking 
 hourly to witness the thunderbolt start that 
 will bring ruin and desolation to the land. The 
 action of this Convention will not only have a 
 telling effect upon the action in the national 
 capitol, but it will have a telling effect upon 
 the people of Missouri. Great movements are 
 going on, and, as one of the members remarked 
 to-day, it is useless to attempt to conceal 
 great facts that are already known to the peo- 
 ple of Missouri. Sir, there is a movement on 
 foot at Washington City that is being urged 
 by the radical Republicans, I should rather 
 say Abolitionists, that may ruin everything 
 that has been achieved by the Federal arms 
 and the conservative men everywhere. I say it 
 is useless to attempt to conceal from this body, 
 or from the people of Missouri, that a move- 
 ment is' on foot at Washington, (and it has a 
 branch in the State of Missouri) to declare the 
 slaves of this State free. Now, sir, the action 
 of this Convention may have a great effect upon 
 this movement. The people are watching us 
 with anxiety, and we must walk with care or 
 by some misstep we may place the State under 
 
 the control of the very men whose acts we now 
 dread thus far more than we dread the South- 
 ern secessionists. Their power has been para- 
 lyzed and subdued ; our arms have been suc- 
 cessful, and the great military question, as I 
 think, almost decided ; and, sir, the greatest 
 enemy now to the Government is to be found 
 in your radical party in your National Legisla- 
 ture. There is no enemy that presents itself 
 now over the broad country as the one that 
 now holds power in the National Legislature. 
 
 Now, Mr. President, I want to show you, 
 according to my view of the thing, the practi- 
 cal working of this question. It proposes to 
 place restrictions that shall be retrospective, 
 not only upon the candidate but upon the voter. 
 What will the people of Missouri say ? They 
 will say you have tied our hands; you not 
 only say that certain men shall hold office, but 
 you undertake to say who shall vote for these 
 men. 
 
 Mr. President, I am in favor of the amend- 
 ment of the gentleman from Green, if we are 
 to have an election. As I remarked before, I 
 am not in favor of withdrawing all restrictions 
 from the people of Missouri. The salvation 
 of the State depends upon keeping loyal men 
 in office, and I think the proposition of the 
 gentleman from Green will accomplish that 
 matter. The retrospective restriction, accord- 
 ing to his amendment, merely applies to the 
 candidate and not to the voter. It proposes to 
 make the voters take an oath as to what they 
 will do in the future, but it does not go back. 
 Now look at the practical working of this thing. 
 I recollect last evening that Mr. Hall made this 
 remark that he had no confidence in the suc- 
 cessof our efforts, with the restrictions applying 
 merely to the candidate that if the people of 
 a county were disloyal they would send dis- 
 loyal men or, in other words, that the candi- 
 date, for the purpose of getting into power, 
 would cater to the prejudice of the secession 
 element. There are two sides to this question* 
 Mr. President. The objection might be urged 
 on the other side against an ultra man running 
 for office. If you do not permit all the people 
 to vote, you give them no choice between a 
 Union man and a loyal man. I am in favor of 
 making the restrictions apply to the candidate, 
 and of telling the voters they have a right to 
 choose between a Union man and a loyal man. 
 But the gentleman from Buchanan says it will 
 not do that if a good, loyal man runs for office, 
 some one of the candidates will commence 
 electioneering with the secessionists and pan- 
 
55 
 
 dering to their prejudices in order to get into 
 office. That may be an objection. But, on 
 the other hand, suppose one of these radical 
 gentlemen is running. I want the people to 
 have the privilege of choosing between him 
 and a conservative Union man, and I want all 
 the people to have that privilege. If a man 
 presents himself as a candidate in the State of 
 Missouri whose policy is fatal and destructive 
 to the interests of our State, and to the Union, 
 and the great cause we are all engaged in, I 
 want to have the privilege of choosing between 
 him and a conservative man. These men all 
 claim to be loyal. These radicals whose plans, 
 in my humble judgment, would lead to the 
 destruction and ruin of the country, all claim 
 to be loyal. They are loyal men and for the 
 Union, they say. But, sir, this is a mere de- 
 claration, while they are favoring a policy so 
 destruc'ive to us; and if we have an election, 
 therefore, I want the restrictions to apply to 
 the candidate alone. I want the people to have 
 the privilege of selecting between loyal men 
 and Union men, in order that we may continue 
 the State under the control of conservative 
 Union men. I say, if we are to have an elec- 
 tion, which I am opposed to, I am in favor of 
 the proposition of the gentleman from Green. 
 My friend from Pike undertook to answer 
 the objections made by the gentleman from 
 Livingston and others, and I do not think he 
 did so successfully. The idea, sir, of under- 
 taking (I am speaking of the practical work- 
 ings of this thing) to determine this question 
 when 2,000 or 3,000 voters present themselves 
 at the polls in one day! In St. Louis, I sup- 
 pose, 1,200 voters would present themselves in 
 one precinct at the same place of voting. Is it 
 even possible to pass upon their qualifications 
 in one day? 
 
 Mr. BROADHEAD. It was done last Spring 
 in St. Louis. 
 
 Mr. Moss. Well, you are a very fast peo- 
 ple, in the midst of telegraphs and railroads. 
 
 Mr. BROADHEAD. The oath prescribed by 
 Gen. Halleck was administered without any 
 trouble. 
 
 Mr. Moss. It is a very different thing ad 
 ministering an oath to a man and having a 
 trial to determine whether or not he has ever 
 aided or encouraged rebellion. If the oath 
 was the only thing to be administered it would 
 be different. The gentleman from Pike under 
 takes to say there is no harm in the first sec 
 tion provided the 9th section is adopted. Now 
 I wish to draw the attention of the gentleman 
 
 rom Pike to the language of the 9th section, 
 and then to the language of the 1st section. 
 The 9th refers to no human being except some 
 man who has been levying war. Well, it 
 would be well if gentlemen would keep in 
 view what levying war means. It is only 
 hose who have been actually levying war 
 against the United States who can get any re- 
 ief under the 9th section, and are they the 
 only individuals included in the 1st section? 
 Let us see. The 1st section disfranchises every 
 man who has given aid or encouragement, or 
 evied war. 
 
 Mr. HITCHCOCK. What is the gentleman's 
 definition of levying war as a lawyer 1 
 
 Mr. Moss. I will let the gentleman give 
 lis own definition. 
 
 Mr. HITCHCOCK. What does the gentleman 
 understand by it ? 
 
 Mr. Moss. That he may encourage by 
 words, for instance. But they are not relieved 
 under the 9th section. The 9th section relieves 
 only such as have been levying war, but the 
 1st section includes everybody. 
 
 Mr. HENDERSON. With the permission of 
 the gentleman I would like to correct him, in- 
 asmuch as he has attempted to answer my ar- 
 gument. I will state to the gentleman, dis- 
 tinctly, that I object to the words in the first 
 section, and that I was in favor of the proposi- 
 tion of the gentleman from St. Louis (Mr. 
 Broadhead.) I object to the words used in the 
 first section of the ordinance and would make 
 them correspond with those in the 9th section. 
 
 Mr. Moss. Well, let us get rid of it en- 
 tirely. 
 
 Mr. HENDERSON. That would leave no 
 qualifications for the voter at all. 
 
 Mr. Moss. If my friend from Pike desires 
 to have his views carried out in accordance 
 with the interpretation he gave of the 9th sec. 
 tion, then there is no reason in the world why 
 we should retain the 1st section. The 2d sec- 
 tion prescribes what oath the voters shall take, 
 and my friend from Green says he does not ob- 
 ject to that, and neither do I. I will again state 
 my position. I am opposed to having an elec- 
 tion, except for members of Congress, and I 
 am in favor of putting them off as long as pos- 
 sible. But, if we have any election, I want 
 the amendment of the gentleman from Green 
 adopted. I do not want any man in power in 
 Missouri who has heretofore been mixed up 
 with the rebellion ; but when you come to the 
 voters, I am for leaving them free, except as 
 to what they will do in the future. In other 
 
56 
 
 words, I want every candidate in the field to 
 be a loyal man and a Union man. If we are 
 to have an election, I want it in that shape. I 
 am opposed, however, to any election until it 
 can be untrammeled. I want to get back to the 
 old order of things as soon as practicable, but I 
 want no election that will be a mockery and a 
 farce. But, then, the form in which this report 
 is put is objectionable that the people are ca- 
 pable of electing a Legislature, but that they 
 are not fit to elect a Governor. Why, it is a 
 curious argument to say that the people shall 
 declare who shall make their laws, but shall 
 not say who shall execute them. I want to 
 keep in the Governor and the Secretary of 
 State as long as we can. I am for keeping the 
 Provisional Government in power. It is gain- 
 ing strength and confidence every day, and the 
 people are willing to remain under it 
 
 Mr. WELCH. If the gentleman will give 
 way, I will move to adjourn. 
 
 The Convention then adjourned to 2 p. M. 
 
 AFTERNOON SESSION. 
 
 Mr. McCLURG presented a petition from 
 citizens of Callaway county, praying the pas- 
 sage of an ordinance to prevent disloyal men 
 from voting. Referred to Committee on Elec- 
 tions. 
 
 Mr. HUDGENS moved that a committee be 
 appointed to investigate the charges preferred 
 against him in the petition of certain citizens 
 of the district represented by him in the Con- 
 vention. Adopted ; and the President appoint- 
 ed the following gentlemen said committee : 
 
 Messrs. Irwin, Hendrick, Moss, McDowell, 
 and Shanklin. 
 
 QUALIFICATIONS OF VOTERS. 
 
 The Chair announced the question before 
 the Convention was on the adoption of the 
 amendment of Mr. Orr to the ordinance re- 
 ported by the Committee on Elections and 
 Elective Franchises. 
 
 Mr. BROADHEAD. As the Chairman of this 
 Committee has said the test question will come 
 up on the proposition of the gentleman from 
 Greene to strike out that portion of the first 
 section which restricts voters the effect of 
 which will be to impose no qualifications upon 
 those who have been in arms against the Gov- 
 ernment I desire to make a few remarks upon 
 that proposition. Say what you please about 
 it, the effect of the original proposition as it 
 now stands, if adopted will be merely to dis- 
 
 qualify those who would, if brought before a 
 court of justice, be convicted of treason. The 
 latter part of the proposition I would be willing 
 to strike out, so as to make it apply only to 
 those who have taken up arms, or levied war, 
 against the Government of the United States. 
 But if we strike out that portion of the section 
 as proposed by the gentleman from Green, the 
 effect will be to allow all the men engaged in 
 rebellion to exercise the elective franchise. 
 Now, the measure as presented simply proposes 
 to fix the qualifications of voters. The people 
 of the State, represented in this Convention, 
 have the right at any time to change their 
 naturalization laws, and to change the qualifi- 
 cations of voters. They have the right to say 
 that, instead of two years or twelve months' 
 residence here, a naturalized citizen shall reside 
 here twelve years or fifteen years before he 
 shall be entitled to vote. The Convention has 
 the power to make this change, and to change 
 the present qualifications of voters. This is 
 all, I take it, that this ordinance proposes to do 
 simply to fix the qualifications of voters. It 
 applies to a class of men who have thrown off 
 their allegiance to the Government, who have 
 tajcen up arms with the determination of over- 
 turning its institutions, and who have no respect 
 for the Provisional Government of Missouri, or 
 the Government of the United States, because 
 they set out to overturn and destroy the one, 
 and since the establishment of the other they 
 have shown no respect for it. Many of these 
 men have returned ; a portion have become 
 tired and sick of the movement j and the gen- 
 tlemen who have argued against this proposi- 
 tion, as expressed in the first section, seem 
 disposed to treat it as a small matter j they 
 seem disposed to say: "Although you have 
 taken up arms and initiated the most infamous 
 rebellion which the pages of history have re- 
 corded ; although you have sought to tear down 
 a Government which never harmed you ; 
 although you have desolated a smiling land 
 with civil war ; yet, as soon as you become 
 tired of its operations and find you cannot 
 succeed, if you come back we will receive you 
 with open arms, and you shall be entitled to 
 all the rights which we have maintained, but 
 which you, by the red hand of revolution, have 
 endeavored to take away from us." Sir, 
 strange reasons have been offered why we 
 should not adopt the proposition as reported to 
 this Convention. The gentleman from Greene 
 tells us that it will create disturbances among 
 the people. The gentleman from Clay (Mr. 
 
57 
 
 Moss) tells us they are sensitive upon the sub- 
 ject. He is afraid to disturb the sensitive nerves 
 of gentlemen who have been in rebellion ; he 
 is afraid they won't like it. Another reason 
 offered by the gentleman from Greene is, that, 
 if we adopt it, the State of Missouri will be 
 deprived of his valuable services as Register 
 of Lands, for he has determined not to hold the 
 office after its adoption. Well, now, if the 
 people of the State can stand that, and I think 
 they can if they can find a man within the 
 limits of this broad State that can certify lands 
 and keep a record of the delinquent tax list 
 if they can find any other man to do that busi- 
 ness as well as ihe gentleman from Greene, 
 then, I take it, there is no reason in that argu- 
 ment why we should not adopt the proposition, 
 otherwise we should not adopt it. But I rise 
 particularly to reply to some of the remarks of 
 the gentleman from Clay. He tells us and 
 that seems to be the key to his whole position, 
 otherwise 1 could not understand it that there 
 is a cloud rising in the east, a dark cloud, from 
 whose lurid bosom the lightnings are beginning 
 to flash. He tells us there is a party in Mis- 
 souri allied to this terrible party of which he 
 speaks of at Washington, which I suppose he 
 alluded to in his figure of the cloud and the 
 lightnings beginning to flash. He speaks of 
 the leaders who are more to be dreaded than 
 the secessionists in the South, and says that 
 when the vote is taken, he wants to give the 
 people the right to choose between the ultras 
 and the conservative men. Why, sir, the loyal 
 voters have that right now. Of course, then, 
 he means to say the disloyal voters the seces- 
 sionists, ia other words. He wants to bring 
 them from Price's army into Missouri for the 
 purpose of voting down these men. There may 
 be such ultras ; I have no doubt of it, but I 
 want the gentleman to understand that 1 do not 
 sympathize with their movements. They would 
 vote as soon for the gentleman from Clay as 
 for me. I have not acted with them and I do 
 not expect to. J speak now of the ultras; I 
 speak of those who are in favor because the 
 gen'leman's allusion cannot be misunderstood 
 of immediate emancipation in the State. 
 But, sir, if he means to say that we are to 
 invite the secessionists of Price's army back to 
 the State of Missouri for the purpose of voting 
 down these men whose loyalty has never been 
 questioned, it may be the friends at Washington 
 of these men of whom he speaks and who, 
 now let me tell the gentleman, control the 
 Government of this country will see to it that 
 
 their friends in Missouri are not trampled in 
 the dust ; and they will see to it that you do not 
 invite the traitors of the South to vote down 
 those with whom they have acted and with 
 whom they sympathize. Sir, they have the 
 power. 
 
 Mr. President, it seems in bad taste for a 
 member of this Convention, who is true to the 
 Union, to be undertaking to traduce the char- 
 acter of these men, without whose aid he could 
 not have remained in Missouri, nor you nor I. 
 Who gives power, life and vigor to the Pro- 
 visional Government of Missouri, if it is not 
 the Administration at Washington? How 
 would the 10,000 troops that now protect the 
 firesides of the people of this State be main- 
 tained, if it was not for the money appropriated 
 from the National Treasury by the votes of 
 these very men? Sir, the Governor, in his 
 message, is magnanimous enough to admit 
 that it was by the assistance of these men that 
 he has been able to maintain the Government 
 of the State of Missouri. And now, permission 
 has been given by the Government at Wash- 
 ington to let us have our own citizens for our 
 own protection, while the troops of the north- 
 western States the friends of those whom the 
 gentleman so bitterly denounces leave their 
 homes and firesides, and go into the swamps 
 of the south to protect the institutions under 
 which we have flourished as a nation ; and yet, 
 these men are to be vilified, and we are to have 
 the mendicants and traitors from Price's army 
 invited here for the purpose of putting down 
 the rights of the friends of these brave soldiers 
 at the ballot-box. Sir, I tell the gentleman it 
 won't do, and he will find, too late, perhaps, 
 that it will not do. It is done for what pur- 
 pose ? For the purpose of propping up slavery 
 in Missouri, an institution which secession has 
 killed out, and which is now tottering on its 
 last legs. But the gentleman from Clay comes 
 forward to defend it, by saying he wants the 
 traitors in Price's army to come here and help 
 put down ultra men. I tell the gentleman 
 that, by this conduct, he is nursing a flame 
 which he will not be able to extinguish. Sir, 
 the institutions of Missouri, to-day, owe every- 
 thing they have to the General Government ; 
 without its aid and assistance, the Government 
 of this State could accomplish nothing. And 
 I tell you that as soon as you let these men 
 know that you are determined to put down 
 their friends by such means as these, they will 
 see to it, and very soon, that the institution is 
 crushed in Missouri. All they have to do is to 
 
58 
 
 take the 10,000 troops you have here in Mis- 
 souri and institute a Military Government, and 
 take the matter into their own hands, and then 
 where will your institution be. Take up arms, 
 if you choose, against the Federal Government 
 they have forces in the field to meet you, and 
 if you propose to provoke that issue, they will 
 say, " Let it come." They are held back now, 
 and now only, by the conservative men we 
 have in Congress ; and I am glad, when I say 
 that, to speak particularly of the Senators and 
 Representatives from the State of Missouri. 
 Sir, I do not justify these ultras, but we must 
 act according to the circumstances that sur- 
 round us. I am not here to advocate their 
 method, or to advocate the outrages committed 
 on our borders by men who have worn the 
 uniform of the Federal soldiery, and who have 
 disgraced their uniform ; but sir, it won't do 
 for the gentleman from Clay to tell us th.tt we 
 are to invite these men into the State for the 
 purpose of propping up an institution that is on 
 its last legs, and for the purpose of propping 
 up their friends their sympathizers. 
 
 I was in hopes, truly in hopes, that we could 
 have voted upon this proposition without 
 bringing in any of these extraneous issues 
 that we could have voted on its merits that 
 we could have asked whether these men, who 
 have taken up arms, these men who have 
 disturbed the peace of the Union, and the 
 lives and property of our citizens, ought now 
 to be entitled to the elective franchise. I hoped 
 this, and that Union men would not hesitate a 
 moment in declaring that such men ought not 
 to be permitted to vote. They do not expect it 
 themselves ; and when we refuse to adopt such 
 a measure, they will only laugh, and think that 
 we are afraid to pass such an ordinance. Sir, 
 I am not afraid to do it, and I am not afraid to 
 vote for it. 
 
 Mr. Moss. I am, sir, surprised at the remarks 
 made by the gentleman from St. Louis. I do 
 not think he does me justice. He represents 
 me as dealing in wholesale abuse of the Gov- 
 ernment at Washington City. Nothing, sir, 
 ould have been further from my purpose than 
 to have entered into wholesale abuse of the Re- 
 publican party. The gentleman himself, per- 
 haps, thought he might come in for a share of 
 my condemnation. Far from it. I respect 
 and honor the conservative portion of the 
 Republican party in our National Legislature 
 Browning of Illinois, Thomas of Massachu- 
 setts, and other noble patriots that belong to 
 that party. They have come out and shown 
 
 themselves patriots on a large scale. I make 
 no warfare on such men. The salvation of the 
 country is in their hands. We must look to 
 them for aid, and I honor and reverence them. 
 But the gentleman says he is not an ultra. If 
 not, then he does not come in for any portion 
 of my remarks. I am willing to work side by 
 side with him, if he is conservative, no matter 
 what he calls himself. But, he says, we have 
 got to beware of these ultra men, who have us 
 in their power. Mr. President, if they have us 
 in their power we are gone. I hope they have 
 not. I hope that the efforts of such gentlemen 
 as Mr. Broadhead, in connection with the other 
 conservative Republicans of Missouri and the 
 United States, will come to the rescue and save 
 us from the fate that awaits us if we are left 
 in the hands of these radicals. If we are in 
 their hands, I have no hope. 
 
 The gentleman says that we are now only 
 permitted to live in security under our institu- 
 tions, because these gentlemen are disposed to 
 be indulgent towards us. I would like the gen- 
 tleman to point me to a vote, in our National 
 Legislature, by a radical, that has not been for 
 our destruction. I would like to have him 
 show me a radical standing side by side with 
 Thomas and Browning, Sir, I tell you I have 
 no favors to ask from the radicals. I tell you 
 the enemies of this Government, no matter 
 whether North or South, are dangerous to ev- 
 ery thing like constitutional liberty, and our 
 only hope of securing constitutional liberty is 
 by the aid of the conservative men, North and 
 South. Sir, I do not abuse anybody. But I 
 speak my sentiments candidly when I say that 
 I believe these men are as hostile to this Gov- 
 ernment as Jeff. Davis and his followers at the 
 South. They make the same landing exactly. 
 They fight under a different name, but the end 
 of their efforts is the same destruction to the 
 Government and a separation. Why, sir, we 
 see one of their leading men Phillips says 
 he has been working nineteen years to get 
 nineteen States out of the Union. Why, is 
 there any worse treason than that in the heart 
 of Jeff. Davis, or enunciated at the firesides of 
 the South ? My friend's appeals are in vain, if 
 he expectg any favor from these men. The 
 gentleman says he does not belong to that par- 
 ty. I do not believe that he does. I believe 
 he would stand by the conservative men of his 
 own party. 
 
 The gentleman says I am proposing to turn 
 loose here the soldiers of Price's army. No 
 part of my remarks can be tortured into such 
 
59 
 
 a meaning. I told the gentleman from Pike 
 that the ninth section gave relief to nobody. 
 The gentleman from Pike argued that he in- 
 tended to vote for the ninth section. I do not 
 recollect whether the gentleman from St. Louis 
 agreed with him or not. 
 
 Mr. BROADHEAD. I differ with him. 
 
 Mr. Moss. The gentleman from St. Louis, 
 then, is not for the ninth section unadulterated. 
 Now, I take it for granted that the ninth section 
 does not suit him. I am not particularly anx- 
 ious about those men in Price's army ; but I 
 want the men at home the men who have 
 sons in that army to be protected in their 
 rights. I will state a fact in this connection. 
 The Union men of my county are aged men 
 from forty-five to sixty years. They are the 
 staunchest sort of Union men ; but out of two 
 thousand two hundred voters there are scarcely 
 two hundred men but have sons in Price's ar- 
 my. Why, you cannot sear the hearts of these 
 men. They must sympathize with the rebels, 
 although they do not sympathize with treason ; 
 but I find every man who sympathizes with the 
 rebels is unsound. God, the Father of the uni- 
 verse, never had any sympathy with sin, but 
 He had sympathy for the sinner, and gave His 
 Son to the cross that He might open the way to 
 take His people to His arms. Do you expect 
 to be superior to God Almighty ? I tell you 
 the man who has lost all sympathy for erring 
 man is an ultra of the worst sort worse than 
 the vilest secessionist that ever lived, or plotted 
 treason against his Government. No, sir, I op- 
 pose this first section, and I am in favor of the 
 amendment of the gentleman from Green ; and 
 I oppose it, not because it cuts out the men in 
 Price's army, but because it cuts out my neigh- 
 bors at home, who have sympathy for their 
 sons who are in that army. They were Union 
 men at the start, and if the Government had 
 been composed of such men as I represent, it 
 never would have been broken up at all. Sir, 
 I am bound to stand by and defend the right 
 of such men to go to the ballot-box, and have a 
 voice in saying who shall make and administer 
 our laws. 
 
 Mr. BROADHEAD. The gentleman misun- 
 derstood me, if he supposes I intended to ap- 
 ply this section to those who sympathize with 
 the rebels. It is enough to apply it to those 
 who have taken up arms against the Govern- 
 ment. So far from not having sympathy with 
 them, I have as kind sympathy for them 
 whether they have erred designedly or not as 
 any man in this State. I have just as near 
 
 and dear relatives in the Southern army as any 
 other man in Missouri. I love them none the 
 ess because they have rebelled against the 
 jovernment, but I am not willing to put them 
 in the highest seats of the synagogue, and 
 give them an opportunity to control our affairs, 
 when they have shown a disposition to destroy 
 and overturn the Goverment. 
 
 Mr. HALL of Randolph. We are here to de- 
 vise expedients to carry on the Government 
 until such time as we can transfer it to its ori- 
 ginal channel. We are not here to devise a 
 punishment for treason in revolutionary times. 
 We are merely devising measures to carry on 
 the Government until the excitement under 
 which the country labors shall have passed 
 away. I repeat, we are here devising expedi- 
 ents for carrying on the Government, and that 
 we have been doing. So far as any question 
 that has been discussed here is concerned, there 
 is no difference in principle between us. There 
 is no difference in principle, as I understand it, 
 between the gentlemen from Green, from Clay, 
 and from St. Louis. They are all for imposing 
 restrictions. They all distrust the people. Not 
 one of them is willing to trust the people of 
 the State with the power of self-government at 
 this time. The only question between them is 
 how far it is safe to trust them. Not one of 
 the gentlemen is willing to allow them the exer- 
 cise of their rights as they existed before this 
 rebellion. They all agree that we must adopt 
 such expedients as are necessary to secure law 
 and order. They not only agree that it is right 
 to impose these restrictions, but that they must 
 go to that point necessary to secure a loyal 
 government in Missouri. Well, now, what is 
 all the rest ? It is a mere difference of opinion, 
 based on the condition of affairs in different 
 parts of the country. It may be, and I have 
 suspected that it is so, that in some neighbor- 
 hoods there is a state of feeling that would au- 
 thorize one restriction, and in other neighbor- 
 hoods a state of feeling that would require an- 
 other restriction that what is safe for one sec- 
 tion will not be safe for another. Well, if there 
 is a different state of things in different parts 
 of the State, what is our true course ? Why, 
 it is to adopt that system which will be safe 
 everywhere. We cannot adopt any other, in 
 justice to the principles we have already advo* 
 cated. We must adopt the system that willse- 
 cure safety, for that is the purpose we have 
 had in view, so far as our action is concerned, 
 from the beginning. Gentlemen cannot be seri- 
 ous in contending we should not restrict these 
 
60 
 
 men in their suffrage, when we have raised mo- 
 ney to go and shoot them down, and recognized 
 the right to seize these men and subject them 
 to the annoyances that rebels have been sub- 
 jected by the Union party in power in this 
 State. 
 
 Again : Gentlemen talk of this as a punish- 
 ment. I say it is no punishment. Here we 
 have a class of citizens in this State that say 
 they owe no allegiance to this Government, 
 and they have proved the sincerity of their as- 
 sertions by taking up arms and showing their 
 hostility to this Government, and their allegi- 
 ance to a Government that is at war with ours. 
 I repeat, they have proved the sincerity of their 
 assertions that they owe no allegiance to this 
 Government; and now, shall we give to the 
 men who have made this declaration the power 
 of controlling the Government? Such an ab- 
 surdity never was sustained by any man in his 
 senses. That individuals who are hostile to 
 the Government should have control of it 
 should be given a more effectual means of sub- 
 verting it should be allowed, first, to take up 
 arms and fight against it, and then should be 
 placed securely in a position where they can 
 exercise their hostility more effectually ; why, 
 sir, I say it is an absurdity. This is no pun- 
 ishment, sir. It is merely taking these men at 
 their words. It is taking from them the pow- 
 er of doing what they said they would do, and 
 what they have ventured their lives to do. It 
 is v;ithholding from them the means of doing 
 what they have spent the last year, and nearly 
 ruined the State in attempting to do, I want 
 these men to come back. I do not want to re- 
 strict them, or deprive them of the right of cit- 
 izenship. I should feel glad if I could, in jus- 
 tice, give them the right to vote now. But I have 
 been acting upon the principle, and shall con- 
 tinue to act upon it while a member of this 
 body, that I will be faithful to the trust confi- 
 ded to me, and to the oath I have taken, that 
 whenever I see an act necessary for securing 
 the peace and loyalty of the State, I will do it, 
 be the consequences what they may to me indi- 
 vidually. 1 hold that, when I took the trust of 
 becoming a member of this body, I took the 
 consequences incident to that trust, and I will 
 discharge that responsibility. I may regret I 
 am compelled to do it. I do regret it. I regret 
 the necessity that has come upon us ; bnt I ask 
 every gentlemen in this body if he does not feel 
 that he is bound to do what is necessary to give 
 security to our State, and if anyone measure is 
 more effectual for that purpose than another, and 
 
 does not go beyond the clear necessity of the 
 case, it is clearly, in my opinion, our duty to 
 adopt it. Now, sir, with regard to these re- 
 strictions of voters, that first section is imma- 
 terial, it seems to me, and I do not care wheth- 
 er the whole of it is stricken out. 
 
 Gentlemen have suggested three propositions. 
 One of them is a restriction affecting all citi- 
 zens, as reported by the committee; another is 
 to confine the restrictions exclusively to the 
 candidates, as suggested by the gentleman from 
 Green ; and the other is the recommendation 
 reported by the gentleman from Monroe, (Mr. 
 Howell,) which is to put off all elections and 
 keep the Government in its present hands. 
 Now, undoubtedly, the measure reported by the 
 gentleman from Monroe is the most extreme. 
 It says the people of the State cannot be trust- 
 ed at all with the privilege of self-government 
 at this time, with safety. If the proposition 
 were true, I would acquiesce in it. And if 
 this Convention does not throw around the vo- 
 ter such restrictions as I think right, I shall be 
 driven to the support of that proposition. I 
 have been away several months, and I am not 
 so well informed as other members, but I un- 
 derstand the state of things in Missouri is such 
 that we can keep up the forms of government 
 at least. If we cannot, let us abandon the ef- 
 fort, and leave the power where it is until there 
 is sufficient security for that purpose. I shall 
 act, as at present advised, upon the impression 
 that it is not necessary to resort to a measure 
 so extreme as that recommended by the gentle- 
 man from Monroe. I think the people can ex- 
 ercise the right of suffrage so that it may be 
 more safely entrusted to their hands than ours. 
 We propose a test ; but it seems to me no test 
 can be imagined which is so palpably right and 
 proper as to exclude those men who have taken 
 arms in their hands, and after our repeated in- 
 ducements for them to return, have still persisted 
 in this rebellion. They cannot be safely trusted 
 with power at this time. 
 
 Mr. HOWELL. As a member of the Com- 
 mittee on Elections and Elective Franchise, I 
 desire to submit a few remarks upon the ques- 
 tion now before the Convention, and, as gentle- 
 men do not appear to have confined themselves 
 very closely tothe special issue before us, I shall 
 attempt to make my remarks on the present 
 occasion as practical as I am capable of making 
 them. I occupied, Mr. President, in my elec- 
 tion to this Convention, an independent posi- 
 tion. I issued no handbills, but went before 
 the people of my district and spoke to them 
 
61 
 
 my mind upon the questions which I appre- 
 hended would come before this body, freely 
 and in order that I might be understood, and 
 that I might understand the people whom I 
 aspired to represent. My position before this 
 body, if I know myself, has been independent. 
 I have not tied myself to either of the radical 
 wings, if there be such, of this Convention, but 
 I have sometimes voted with the one and some- 
 times with the other, as I thought best for the 
 preservation of the interests of my country 
 and the State in the awful emergency in which 
 it found itself. I told my people, when I was 
 a candidate before them, that secession was a 
 remedy for no evil that no man had the saga- 
 city to see what would result from it ; and I 
 told them further, that an ordinance of seces- 
 sion in Missouri would not result in the pro- 
 tection of slavery, but, on the contrary, would 
 result in the utter ruin and desolation of the 
 State ; and, in reference to the correctness of 
 that position, my mind has never undergone a 
 change. Heretofore I have to a considerable 
 extent, perhaps, been recorded as occupying a 
 negative position in this Convention. I have 
 done so because I have looked upon the con- 
 test sweeping through Missouri as one of 
 military power, as one of force, and not of le- 
 gislation. My position in this respect now, and 
 that occupied by me heretofore, is well known 
 and appreciated by my constituents. If an in- 
 dustrious and persistent effort among the peo- 
 ple I have mixed with, to convince them of the 
 folly of the course that has been inaugurated 
 by the radical and secession portion of this State, 
 and of the terrible results that would follow 
 that course and be visited upon the State of 
 Missouri, is any evidence, sir, of my loyalty 
 as a citizen of the State of Missouri and of the 
 United States, then, sir, that evidence exists 
 in abundance ; and if, on the other hand, sir, 
 abuse and misrepresentation of my course, by 
 the extreme and radical men of my district, is 
 any evidence of the position I have assumed 
 here, that evidence also exists in abundance. 
 But this by the way. I desire to legislate 
 to-day for the present condition of Missouri, 
 and I desire to legislate in a practical, straight- 
 forward, and common-sense manner, in refer- 
 ence to its peculiar status and condition, with- 
 out subserving any peculiar theories or any 
 peculiar class of politicians, aspirants, or inter- 
 ests in the State. I take it then, Mr. Presi- 
 dent, that the political status of Missouri is to- 
 day a fixed fact; and that it is settled beyond a 
 doubt, I suppose no man can fail to admit who 
 
 has watched with any care the progress of 
 events. I say, then, that the political status 
 and military status of Missouri, to-day, is a 
 fixed fact. We are called upon then as a body, 
 the only deliberative body representing the 
 sovereignty of the poople of Missouri, to legis- 
 late on the condition of Missouri within the 
 Union, and for our best interests. I say then, 
 sir, that the status of Missouri is within the 
 Union. This rebellion, as far as there was 
 any dignity attached to it, has been crushed 
 out of the State; but yet, sir, Missouri is not 
 in a wealthy condition to-day. Missouri is not 
 as Missouri was. Missouri is yet a sick pa- 
 tient and we are her physicians, sir, on the 
 present occasion to prescribe for the present 
 condition of our State. There are two reme- 
 dies presented. One is presented by the ma. 
 jority of the Committee and the other by the 
 minority of the Committee on Elections and 
 Elective Franchise. I presented the minority 
 report, with some promise from one of the 
 other members of the Committee that he would 
 probably although he did not sign it at the 
 time finally support it in this body. One of 
 these reports is to hold the elections at the 
 times now prescribed by the Constitution an 
 election for members of the Legislature, and 
 for ministerial and judicial officers, but defer- 
 ring or proposing to continue the executive 
 arm of the Government for the period for 
 which the executive chosen was elected. 
 
 The minority report proposes to continue 
 all the elections as prescribed by the election 
 laws for the next two years. Now, Mr. Presi- 
 dent, I reported the minority report, and I 
 appear here on the present occasion to urge 
 some reasons in favor of that minority report, 
 and in opposition to the election as proposed 
 to be brought on by the majority report. It 
 is proposed by the majority to hold an election 
 at the time now fixed by the Constitution and 
 the election laws of the State. Now, Mr. Pres- 
 ident, what does an election mean ? I suppose 
 that it means that the people, who are interest- 
 in the laws that are to be enacted and executed, 
 are to have the free will of going to the polls 
 and there making selections of those who are 
 to make or enact their laws, and those who are 
 to execute those laws. That, sir, is the way 
 Americans, Republicans and Democratic 
 Americans have always understood this thing. 
 That is the way our people have always been 
 accustomed to regard this thing, and that is 
 the old time franchise that the people have 
 grown up with and under. It is not contended 
 
62 
 
 by any gentleman in this house, I suppose, that 
 in the present condition of Missouri this sys- 
 tem can be carried out. No gentleman pro- 
 poses it. No gentleman on the Committee on 
 Elections, or in the house on the present occa- 
 sion, believes that that policy of an election in 
 that way is practicable in the present condition 
 of the State. Then, sir, these are very revo- 
 lutionary times, and exceptional in our history, 
 and our legislation must be exceptional. We 
 must adapt ourselves to the circumstances that 
 are upon us and that surround us. The ques- 
 tion is not whether Missouri is to go out of 
 the Union or to be retained ; that is a fixed 
 fact. The question is not whether the rebel- 
 lion is to be crushed in Missouri ; for that is a 
 fixed fact. But the question is, what is the most 
 prudent course to be adopted by us in order to 
 bring ourselves back to the desirable condition 
 of things that existed before this rebellion? 
 Is it, sir, to permit a portion of our inhabitants 
 to go to the polls and fill the Legislature of the 
 State, and other offices, to the exclusion of, 
 perhaps, two-thirds of their fellow-citizens, 
 who have always lived here and enjoyed all 
 the privileges and rights belonging to an Amer- 
 ican citizen. I say, sir, that such an invidious 
 distinction as the one here proposed, will at 
 once ru ; n this whole community ; it will fill 
 the woodlands, the brush, and the ravines, with 
 desperate men, who will say, that, being dis- 
 franchised, we are not required to bear our pro- 
 portion of the burdens of this country we are 
 entitled to no benefits; and they will say, we 
 have nothing here to live for. Here is slavery 
 in its most abject and degraded form. 
 
 Mr. HENDERSON. I wish to ask the gentle- 
 man a question. He says two-thirds of the 
 citizens of this State will be excluded by this 
 proposition. I ask him if he has any idea that 
 two-thirds of the citizens of this State have 
 been engaged in levying war during the rebel- 
 lion. 
 
 Mr. HOWELL. I do not intend to be mathe- 
 matically correct. I suppose a large majority 
 of the people of Missouri have embarked in 
 this rebellion, or there would be no urgent 
 reason for this disfranchisement. I take it, 
 sir, the very argument in favor of this disfran- 
 chisement is, that more than a majority of the 
 
 people of this State have been engaged 
 
 Mr. HENDERSON. I do not believe one-fourth 
 or one-eighth of the people of the State have 
 been engaged in levying war. A majority of 
 individuals may have sympathized, but I do 
 not believe even one-twentieth part of the 
 
 people will fall under the provisions of this 
 ordinance. 
 
 Mr. HOWELL. The gentleman has been 
 absent and does not know the feelings of the 
 people in the country as well as gentlemen who 
 have lived in the country all the time, and gone 
 through the fiery ordeal. 
 
 Mr. HENDERSON. I am a neighbor of yours, 
 and ought to know something about the senti- 
 ments of the people. 
 
 Mr. HOWELL. Yes, sir ; and the gentleman 
 had to seek military protection from some of 
 these men. 
 
 Mr. HENDERSON. The last time I remember 
 seeing the gentleman in the country, he came 
 over to Mexico and sought protection from a 
 military camp over which I had command. 
 [Laughter.] 
 
 Mr. HOWELL. Certainly, sir. Now, Mr. 
 President, I repeat, the object is not to put 
 down the rebellion now, but it is to quiet the 
 country ; to induce men who have been in the 
 rebellion, by soothing means, to turn back to 
 their former avocations, and to induce men 
 who have been in the brush, intimidating good 
 and loyal men in their vicinity, to come out of 
 the brush arid take the positions which they 
 occupied before this rebellion, as good and 
 respectable members of society. Now, what 
 have we recently heard from the south-western 
 portion of the State? We have heard that 
 Price's army, in large fragments, has returned 
 to south western Missouri, and resolvent them- 
 selves into guerrilla bands, and that they buye 
 recently defeated one of our regiments, killed 
 a colonel, and taken a large number of prison- 
 ers. 1 know, in my region of country, small 
 bands of the same class of men, although not 
 as formidable, infest the woods, and they cannot 
 be found or captured by the military authori- 
 ties, especially since the leaves have come out. 
 If this rash legislation is brought to bear upon 
 these men, they will remain where they are 
 and become doubly desperate and dangerous, 
 and receive addition?, until this whole country 
 of ours will be filled with guerrilla bands and 
 marauders. It is true they are not formidable 
 enough to withstand the organized forces of 
 the United States, but they are sufficient to 
 intimidate neighborhoods and keep men away 
 from their homes, whose presence is required 
 there to keep the whole country excited and 
 convulsed^ and to retard its march of prosperity, 
 and generate social feuds and strifes, until the 
 leaves have fallen at least. And, sir, if we 
 miss another crop on account of this reign of 
 
63 
 
 terror and desolation, what will be the condi- 
 tion of Missouri at the end of another year? 
 The question, sir, is more easily asked than 
 answered, and therefore, sir, I ask the gentle- 
 men of this Convention to contemplate what 
 will be the effect of this invidious system of 
 legislation that is proposed by the majority of 
 the Committee, before they inaugurate it. 
 
 Now, the gentleman from Randolph, (Mr. 
 Hall,) who is doing credit to his State in the 
 councils of the nation, and, I am glad to say, 
 has helped to check the radicalism of that 
 body, has told us that the proposition which 
 was introduced by the gentleman from Monroe 
 (Mr. Howell) as the minority report of the 
 Committee on Elections, is, perhaps, the most 
 radical and extreme of the two propositions 
 that have emanated from that coinmitiee. I do 
 not desire to discuss that question, but I desire 
 to compare the one with the other, and to 
 ascertain whether the one is more radical than 
 the other. The great object I have in view, 
 and the object I apprehend this body has in 
 view, is to restore qiiiet to the State, and to 
 inaugurate peace; and the practical question is, 
 which proposition is best calculated to consol- 
 idate that harmony and quiet and those fra- 
 ternal relations so necessary for the welfare of 
 the State? I think mine is, sir. Mine does 
 not impair the hold that the loyal men now 
 have upon the State. My proposition is to put 
 this Government, from Governor down to 
 Constable, into the hands of unquestioned loyal 
 men, where, in the present condition of Mis- 
 souri, I believe it properly belongs. Now, sir, 
 this may be more radical than the other, because 
 it is more efficacious for the purpose 1 have in 
 view ; but the question is whether it will excite 
 the people whether it will stir up the passions 
 of the people of the State, as the other will. 
 
 I know, sir, that among the secessionist the 
 Union party of the State was at one time odiousj 
 I know it was brought into disrepute by these 
 men j but, sir, I think that the practical legis- 
 lation of this Convention has produced, is 
 producing, in the most radical districts of this 
 State, a fundamental change in public opinion 
 on that subject ; and when I say that, I do 
 not say it unadvisedly. I have taken pains to 
 advise myself upon that question. 
 
 Now, sir, why is this project which I propose 
 more acceptable lhan the other ? It is riot alone 
 efficacious in securing the peace and quiet of 
 the State, and in keeping the government of the 
 State in loyal hands ; but it runs no distinction 
 among the tax payers and road woikers of this 
 
 country, or the men who bear the burdens of 
 his State. Sir, this body was elected by all 
 he people of the State, or at least by eighty 
 ihousand majority of the free and independent 
 voters of the State. It is then (although the 
 people may have, to some extent, changed their 
 minds since the Convention was elected) the 
 people's choice. It was elected by the people ; 
 t represents the people, and it is no great as- 
 sump'ion of power or jurisdiction in this revo- 
 utionary and extraordinary times for this Con- 
 vention, representing the great body of the 
 people, to resort to extraordinary means. Sir, 
 ordinary resolutions will not do in times that 
 are not ordinary. This, sir, was one of the 
 most formidable convulsions or revolutions ihe 
 world has ever seen, and it cannot be expected 
 that we will confine ourselves to red tape in 
 our legislation. 1 believe, sir, lhat the loyal 
 men of the State of Missouri, unless it be some 
 gentlemen who desire office, would be satisfied 
 with the ordinance as proposed by the mionrity 
 of this Convention, and I believe it would be 
 more soothing to the men who have been disloy- 
 al, and productive of better results than any oth- 
 r scheme which could be proposed. As I have 
 remaiked, it makes no distinction among the 
 people of the State. This Convention was 
 elected by the people, and if it undertakes to 
 make distinctions among our citizens, or to re- 
 strict their rights, there will be no end to it. 
 But, sir, there are other reasons which I de- 
 sire to urge in this matter. I want to know 
 what we want of a Legislature ? It is proposed 
 that we shall continue the Governor, Lieuten- 
 ant Governor, and Secretary of State, in office, 
 for the residue of the term for which Governor 
 Jackson was elected. I say, then, in order to 
 be consistent in our action, we should carry 
 out ihe whole policy, and postpone all elections. 
 I ki ow of no necessity for a Legislature. If 
 the next Legislature were to be similar in their 
 action to most Legislatures heretofore, the 
 most of their legislation would be devoted to de- 
 claring infants of age, lay ing out county and State 
 roads, authorizing guardians to sell land, and 
 soon, through the whole catalogue of special 
 and odious legislation. Sir, this is a time when 
 we should begin to economize. A Legislature 
 would cost say $150,000, and what would its 
 legislation be actually worth ? I undertake to 
 say, s far as its general legislation is concern- 
 ed, it would not be worth $500 to the State. 
 How much damage it would cause, I am not 
 prepared to say. 
 But, sir, it is proposed to put this State, now, 
 
64 
 
 entirely in the hands of loyal men by making a 
 most invidious distinction and discrimination 
 between voters ; and it is proposed that the 
 Legislature shall have the power hereafter to 
 reinstate the voters who would be disqualified 
 by this ordinance in the elective franchise. 
 Now, let us look at this as fair and candid men. 
 I do not talk to the extreme men of either wing 
 in this Convention, but I am talking to the con- 
 servative men. Suppose, under this sweeping 
 and disqualifying ordinance that is proposed 
 here, the Legislature is composed of what is 
 called the radical anti-slavery elements of the 
 State. That class of men are "loyal," and 
 they will be permitted to vote, while, in my 
 opinion, they are as dangerous to the peace of 
 the country as the radical secessionists. Yet, 
 sir, there is no proposition, except the one of- 
 fered by my old friend on the right (Mr. Zim- 
 merman) to disqualify them. They will, un- 
 der this disqualifying ordinance that is pro- 
 posed here, in all probability, with the aid of 
 the military, get control of the State. They 
 will get political control of the State, and un- 
 der this kind of "hocus pocus" election, ob. 
 tain a majority in the Legislature. That Leg- 
 islature, this ordinance proposes, may reinstate 
 men to the elective franchise, and may remove 
 the restrictions to hold office. Sir, did you 
 ever hear of a dominant party in power sur- 
 rendering their power before accomplishing 
 their purposes ? Can we expect this party 
 would reinstate the voters here until they had 
 accomplished the pet purpose that is foreshad- 
 owed in the Democrat of yesterday ? 
 
 Mr. HALL of Randolph. I ask the gentle- 
 man whether he thinks, by any restrictions in 
 this ordinance, there is any possibility that 
 this State, will elect an Emancipation Legis- 
 lature ? 
 
 Mr. HOWELL. I am not prepared to say. 
 
 Mr. HALL. Has the gentleman any doubt 
 about it? 
 
 Mr. HOWELL. I have. 
 
 Mr. HALL. Well, I am surprised to hear 
 the gentleman say he has a doubt. 
 
 Mr. HOWELL. I am prepared to give it as 
 my opinion, sir, that in many counties in this 
 State there will not be one hundred votes cast 
 out of 1,800 or 2,000, in consequence of these 
 restrictions, and when I say this, I do not 
 say it on the " spur of the moment/ 7 or with- 
 out due reflection or deliberation. 
 
 Mr. HALL. I ask the gentleman whether he 
 thinks they will, in these counties, elect eman- 
 cipation candidates, or whether any man would 
 
 venture to run in those counties on the emanci- 
 pation ticket. 
 
 Mr. HOWELL. Well, I don ? t know about 
 that. I think in some of them they would. 
 Now, sir, I am not trying to make a pretty 
 speech. I got up to give my experience and 
 my belief as to the practical effect of this thing, 
 and I ask gentlemen from different parts of the 
 State to compare their experiences and see if 
 they do not arrive at conclusions similar to 
 mine. 
 
 Mr. BROADHEAD. I desire to ask the gen- 
 tleman one question. I ask him how long he 
 supposes the institution of slavery can exist in 
 Missouri if the Union men of Missouri are 
 impressed with the idea that it can only be 
 sustained by secession votes and treason ? I 
 say it cannot be sustained six months. 
 
 Mr. HOWELL. I have given my opinion 
 on that subject. I believe that the secessionists 
 of Missouri by this rebellion, which they got 
 up, have done more damage to the institution 
 of slavery than all the abolitionists in America 
 could have done in fifty years. My opinion 
 is that, practically, there is but little differ- 
 ence between the extreme anti-slavery party 
 of the State and the secession party of the 
 State. I believe that abolitionism is secession 
 or rebellion, and that secession is practical 
 abolition. That is my opinion, and I am going 
 to be frank about it. I say, therefore, with- 
 out detaining the Convention further at the 
 present time, that I shall vote to strike out 
 that part of the ordinance as proposed by the 
 gentleman from Greene, and then, when in or- 
 der, I shall offer the ordinance that I reported 
 as the minority of the Committee on Elections, 
 as a substitute for the whole ordinance that 
 is before the Convention. 
 
 Mr. LEEPER. Since I have been a member 
 of this body I have remained silent, but upon 
 this question I desire to make a few remarks. 
 I represent, in connection with several of my 
 colleagues, one of the largest districts, in point 
 of territory, in the State, and I do not suppose 
 many districts have contributed more into the 
 State treasury than my district has. As I have 
 during the existence of these troubles mixed 
 all the time with the people of my section of 
 country, I think upon this occasion I may be 
 able to state some facts which may be of ser- 
 vice so far as this question is concerned. In 
 the first place, I wish to pay some attention to 
 the remarks of other gentlemen upon this floor. 
 My friend from Greene (Mr. Orr) informed 
 us, yesterday, that we must be patient that 
 
65 
 
 patience made great men. That may be true 
 in some respects, but in some instances there 
 is no philosophy in it. We have an instance of 
 this in point. Why, the President of the Uni- 
 ted States, at the breaking out of this rebellion, 
 exerciseil all the patience imaginable, and stood 
 still until secession was rampant, and Missouri 
 well nigh ruined. Now, when it comes to re- 
 bellion, patience will not do. The people of 
 Missouri have been patient, and they have 
 learned that patience will not do in the work 
 of putting down the rebellion in this State. My 
 friend said, furthermore, that the restrictions 
 we intended to throw around the voters would 
 keep the army of Price from returning to Mis- 
 souri. Now, if your feeling? are like mine, 
 you would be proud to know that a proposition 
 of this sort would keep that army from return- 
 ing. They have seceded. They are practical 
 secessionists. They have put their theory into 
 operation. They have left our State, (not, 
 however, until they were driven out at the point 
 of the bayonet,) and have joined the Southern 
 Confederacy; and now, I would be glad if we 
 could adopt a proposition which would prevent 
 them from ever coming back to Missouri to an- 
 noy us any more. Now, I think, if this restric- 
 tion will prevent Price's army from ever ret,urn- 
 ing to Missouri, then this is an argument that 
 ought to be used in favor of its passage. But, 
 we are told by my friend from Clay, that it 
 will not do to restrict these men that if we do 
 it will only produce violence and bloodshed. 
 Well, Mr. President, I confess that assertion 
 does not terrify me. When we were here in 
 July last, and had under consideration the pro- 
 position to depose Gov. Jackson, what did the 
 gentleman from Clay then tell us? He said: 
 " Gentlemen, don't do that j if you do, you 
 will injure our condition in the State of Mis- 
 souri. You will exasperate the minds of these 
 men. They are tender on this point, and con- 
 sequently it will not do to tamper with them j 
 if you do you will only bring down their malig- 
 nity on our own heads." 
 
 Mr. Moss. The gentleman is mistaken about 
 my advising to keep Jackson in office. I an- 
 nounced myself against him in the beginning 
 of that speech, and that my views had never 
 been altered in that respect ; but that I believed 
 that the proper and true position for us to oc- 
 cupy at that time was to leave it in the hands 
 of the military. The military have worked ' 
 out the problem. I wanted to leave it to the ' 
 military, and I think I was right. I believe ' 
 the military have accomplished their work and | 
 
 5 ' 
 
 proved our salvation. It was not with a desire 
 to keep Jackson in that I took that position, for 
 I have been his bitter enemy. But I do not be- 
 lieve in mixing up the civil and military pow- 
 ers. Now that we have got rid of the rebels, 
 I am for any civil government that may be set 
 up. 
 
 Mr. LEEPER. Well, Mr. President, in regard 
 to this thing of stirring up and bringing down 
 upon our heads the enmity of certain men, that 
 thing is past. I did not come here for the pur- 
 pose of pleasing the rebels or secessionists; 
 but I came here, at the outset, to do what I be- 
 lieved was my duty, as a member of this body, 
 to put down rebellion. I have never stopped 
 to reflect for one moment whether it would be 
 pleasant to this or that man, especially if he is 
 an enemy to his country. I recollect very well, 
 when this question was up last July, that gen- 
 tlemen said it would not do to offend the rebels, 
 although I may be mistaken in regard to my 
 friend from Clay. But we are told here that 
 if this action is taken it will stir up another 
 hornet's nest, and it wont do. Now, I believe 
 no such thing as this, and it certainly sounds 
 strangely to hear it asserted. After we have 
 done what we have after deposing the State 
 officers and members of this body for treason- 
 able acts, can any man say that he would not wish 
 them expelled if they would come back to Mis- 
 souri and vote at our elections ? I think there 
 is no member of this body who would be will- 
 ing to see these men vote at our elections. But 
 there is another thing that surprises me some- 
 what. In the first section of this ordinance 
 there is a clause that disfranchises certain indi- 
 viduals who have levied war from holding of- 
 fice, and I have not heard a single member of 
 this Convention say one word against that 
 branch of this question. But when you come 
 down to the fact that certain men, guilty of 
 the same crime, shall not be allowed to vote, 
 why the hue and cry is raised that you are go- 
 ing to ruin the country. This is something I 
 cannot understand. Now, I maintain this, that 
 if am qualified to hold office and unworthy to 
 .hold it, I am not qualified to vote; and, there- 
 fore, when I vote to take restrictions from the 
 voter, I shall vote, at the same time, to take it 
 from the office holder. I cannot see why a man 
 should not be allowed to hold office if he is al- 
 lowed to vote. Now, if there is anything to be 
 done at all, I wish it done effectually ; and if 
 we are to open the flood gates and let men who 
 have b^en in arms against the Government 
 men who have brought the Government of the 
 
66 
 
 the United States to the brink of ruin who 
 have done everything to destroy the institutions 
 of their fathers if we are to let this class of 
 men vote, then I am for openii g the flood gates 
 and allowing all to vote. I consider it useless 
 to attempt to put down this rebellion, and allow 
 this thing to go on. I consider that those who 
 have failed to stand up for our institutions 
 shall stand aside for those who can. 
 
 Now, a word in regard to test oaths. I do 
 not believe in them. I have, for some time, 
 been military commander of a small post in 
 South-east Missouri, where it has been my duty 
 to swear men with these test oaths. I do not 
 believe in it ; and I have sworn but one man, 
 I believe, during the time I have been in com- 
 mand. I saw so much of it, and so little regard 
 paid to i% that I naturally disliked to see it 
 done. I have known men take the oath, and 
 before they got out of sight, say they paid no 
 regard to it. Now, I say, when it comes to 
 binding a man with test oaths, I have but little 
 faith in it. J hold it to be about this way : 
 that where a man comes home and is willing to 
 do his duty, he need not be sworn. If he has 
 a different purpose, I believe all the oaths in 
 the world will not do any good. If the princi- 
 ple is not in the man, you cannot swear him to 
 it. I believe the safety of our institutions re- 
 quires that those who have taken up arms 
 against the Government shall not be permitted 
 to vote ; and, therefore, I am opposed to strik- 
 ing out this amendment. Now, I have been 
 among these men. I have many friends among 
 them, and I know that as bad rebels as there 
 are in the State of Missouri men who have i 
 risen at the hour of midnight to notify me of 
 personal danger, and who would do anything 
 to keep me out of danger would not turn upon 
 their heels to save this Government. I have no- 
 ticed them in all their avocations of life. If a re- 
 port is circulated of a reverse to our arms, you 
 will see them rejoice greatly. Yet, these men 
 have taken the oath to support the Government 
 of the United States since the rebellion broke 
 out. When I see this, I am ready to believe 
 that if this State should be overrun again ihese 
 men would stand where they have al ways stood. 
 Under these circumstances, I think it unsafe to 
 allow these men to vote at our elections. 
 
 Again : I am not prepared to say that I will 
 not support the ordinance of the gentleman from 
 Monroe (Mr. Howell). I am not certain but, 
 under the circumstances, it will be preferable 
 to the other. If I go for the other, it will be 
 on account of such a proposition as it now con- 
 
 tains. If I cannot get things as I want them, 
 then I will take the next best. This suits me, 
 I flunk, with this exception: " or has since 
 that time adhered to the rebellion." If that 
 was stricken out of the first section, so as to 
 read " no person who has, since the 1st day of 
 August, 1861, taken up arms or levied w^r 
 against the United States shall be allowed to 
 hold office, or vote, at any election," it would 
 suit me better. 
 
 I wish tr> allude to a remark made by my 
 friend from Greene. He stated, honestly and 
 sincerely I have no doubt, that in the Congres- 
 sional District represented by Phelps there was 
 not a county in it but what was loyal. I ask 
 him if he has ever been to the counties of How- 
 ell and Oregon ? Why, sir, if he were to go 
 there to-day, he could not ride five miles with- 
 out being assassinated. There are those two 
 counties in which I know an election cannot 
 be held. 
 
 Mr. ORR. I will state for the satisfaction 
 of the gentleman, that I said if the Union men 
 and secessionists were all at home. Are not 
 all the Union men run out of those counties at 
 this time? 
 
 Mr. LEEPER. Most of the Union men of 
 those counties are run out. Before that, they 
 were about equal. Now, this is the condition 
 of a large portion of South-east Missouri, and 
 I very much doubt whether a fair election could 
 be held there. 
 
 Mr. WELCH. I move to adjourn unti] to- 
 morrow morning at 9 o'clock. 
 
 Mr. MCFERRA.N. I hope that motion will 
 not prevail. 
 
 Mr. WELCH. I presume the object of dis- 
 cussing this proposition, which is an important 
 one, is to elicit information ; but the house is 
 not in a condition to enjoy a discussion of that 
 character, and I think it would be no more than 
 right that the Convention should adjourn. 
 
 The motion to adjourn was lost. 
 
 Mr. WELCH. As the Convention has voted 
 down that motion, I now move to adjourn until 
 half past 9 to-morrow morning. 
 
 The motion was lost. 
 
 Mr. WELCH. I desire, Mr. President, to 
 submit to the Convention a few remarks by way 
 of giving my views upon the proposition before 
 the Convention, but I do not desire to do so at 
 so late an hour in the evening j but as it seems 
 to be the desire of the Convention to continue 
 in session, it becomes my duty to present my 
 views to the Convention at this time. 
 
 The first section of this ordinance, if I un 
 
67 
 
 derstnnd it correctly, is an amendment to th 
 Constitution of the State. Practically, it goes 
 to that extent, and no further. By the Consti- 
 tution of this State, ihe qualification of a voter 
 is established. It is there declared that every 
 citizen of the State, of a certain oge, shall be 
 entitled to vote at all elections in this State ; 
 and i he first section of this ordinance is virtu- 
 ally an amendment of that instrument. It de- 
 clares that a certain class of people who have 
 been guilty of certain acts shall not be allow- 
 ed to vote at any election precinct in this State, 
 unbss he brings himself within the exception 
 contained in the ninth section of this ordinance. 
 There is, however, a proviso in the first section, 
 which declares that the General Assembly of 
 the State shall have the power to repeal this 
 ordinance, as far as one class of voters are 
 concerned. There are three classes of voters, 
 in this State, under this bill. There is, first, 
 the man who has never taken up arms or given 
 aid to the enemy. Second, the man who has 
 taken up arms under a sense of duty ; and, 
 third, the man who has taken up arms and can 
 make the special plea that he was fraudulently 
 induced to do so. There is one class of men 
 that are forever debarred from the right of suf- 
 frage in this State, unless the Legislature to be 
 hereafter elected shall remove the restriction 
 which this Convention is about to impose. 
 
 Now, sir, it is remarkable that the Conven- 
 tion, in the delegation of the power which they 
 gave to the Legislature, only delega'ed to that 
 body the power to remove the restriction from 
 those who have taken up arms knowingly and 
 wilfully. To that class of citizens of this State 
 who have been misled into the rebellion, and 
 to that class who have not taken up arms at all, 
 the oath which this ordinance prescribes is 
 perpetual and everlasting, and the Legislature 
 is not given the power, under the ordinance, 
 ever to remove that restriction upon the right 
 of suffrage. I wonder that my friend from 
 Daviess, (Mr. McFerran,) the Chairman of 
 the Committee, should have confined the power 
 of the Legislature to only one of the three 
 classes of voters. 
 
 Mr. HITCHCOCK. I think the gentleman is 
 under a misapprehension. 
 
 Mr. WELCH. The section provides that no 
 person who has, since the 1st day of August, 
 1861, taken up arms against the Government of 
 the United States shall vote, unless he can bring 
 himself under the ninth section. Then the 
 Legislature is authorized to do what? " Pro- 
 vided, that the General Assembly of this State 
 
 may, at any time, repeal or modify this ordi- 
 nance, or any part thereof, with respect to such 
 persons, and upon such terms, whether by gen- 
 eral or special act, as in their judgment the 
 best interests of the Commonwealth may re- 
 quire." Who are " the such persons" desig- 
 nated? Those who have taken up arms and 
 can make the special plea contained in the 
 ninth section of the ordinance. In regard to 
 such persons, the Legislature is authorized to 
 remove the restriction. In regard to all other 
 person*, the Legislature is not entrusted with 
 that power. I say when the Committee used 
 that language in the first section of the ordi- 
 nance they only confined that delegation of pow- 
 er to the Legislature to the removal of this re- 
 striction from but one class of voters, and that 
 the most offensive class those who have taken 
 up arms knowingly and wilfully. Now, is 
 there any provision in this ordinance authoriz- 
 ing the Legislature to interfere, at any time, 
 and remove this oath prescribed in the second 
 or subsequent section ? By no means. But 
 they are authorized to repeal or modify this 
 ordinance, or any part thereof, with respect to 
 such persons as are designated in this ordinance, 
 and those persons are those who have wilfully 
 gone into the rebellion. 
 
 Mr. MCFERRAN. I desire to correct an error 
 the gentleman has fallen into. I* would seem 
 Prom the discussion that this ordinance is dif- 
 ficult to understand. There may be too much 
 military in it j but I desire to call the attention 
 of the gentleman to the fact that the first section 
 declnres that those who have taken up arms 
 shall not be permitted to vote or hold office, 
 under the Constitution of thi State ; and that 
 the Legislature may repeal or modify this 
 provision when they see proper. This right 
 of tbe Legislature extends to the whole ordi- 
 nance, or any part thereof, and if the gentleman 
 will reflect he will see that he has received a 
 wrong impression. The right of the Legisla- 
 ture reaches to the whole ordinance. 
 
 Mr. WELCH. With all respect to the judg. 
 ment of the gentleman, I must differ with him 
 in regard to the construction of the first sec- 
 tion. He is under a mistake when he says the 
 power of the Legislature is delegated to the 
 whole ordinance. It is not delegated at all, 
 only with respect to that part which has ref- 
 erence to the persons named in the first section 
 of the ordinance. Has the attention of the 
 Convention been called particularly to the 
 oath that is required of every voter, loyal or 
 disloyal, before he is allowed to vote ? It is 
 
68 
 
 prescribed that the office-holder must take an 
 oath before he can enjoy the rights which we 
 have heretofore enjoyed, and that he shall take 
 the oath prescribed by this ordinance. It is 
 different from the oath usually prescribed to 
 officers in this government. Heretofore, the 
 voters of the land have not been required to 
 take any oath ; but those who have been en- 
 trusted with the administration of the govern- 
 ment and with the execution of its powers, 
 have been required, both by Ihe Constitution 
 of the United States and of this State, to take 
 a certain oath, and that oath has, until recently, 
 been considered as a sufficient guard to secure 
 the rights of the people The office-holder has 
 heretofore been sworn to support the Consti- 
 tution of the United States; but there is another 
 obligation which the people think it necessary 
 in these hours of danger to include in that oath, 
 and he is to be required to swear, in addition 
 to a support of the Constitution of the United 
 States, that he will support the Government of 
 the United Stares. I would be pleased, Mr. 
 President, if the gentleman from Daviess would 
 let us know what additional meaning he intend- 
 ed by the introduction of these words. I would 
 like to know the distinction which that gen- 
 tleman draws between an oath to support the 
 Constitution of the United States, and an oath 
 to support the Government of the United 
 States. I ask the gentleman from Daviess what 
 is the Government of the United States ? It 
 must be a something in contra-distinction to 
 the Constitution, or else the insertion of that 
 provision is unnecessary and uncalled for. I 
 say it must be something additional to a sup- 
 port of the Constitution of the United States, 
 to that which has heretofore always been re- 
 garded as sufficient for those entrusted with 
 power. Now, is it intended that we are to 
 support the Government at Washington? 
 
 Mr. BROADHEAD. I rise to a point of or- 
 der. It is unfair to go into a discussion over 
 a proposition which is not before this body at 
 this time. I wrote out an amendment, on yes- 
 terday, to strike out the word Government, 
 and it is unfair for the gentleman to travel out 
 of the record and argue on a proposition that 
 has not yet come up for our consideration. I 
 think as he does in reference to this matter. 
 
 Mr. WELCH. I would not have gone into 
 that line of argument, only it seems by general 
 consent we took up the whole proposition. My 
 friend from Daviess insisted that this amend- 
 ment embraced the whole question j and I again 
 refer to the proposition which I was about to 
 
 discuss what is meant in the oath which the 
 voter and officer is required to take as a pre- 
 requisite to the enjoyment of their privileges 
 and rights? What did this committee mean 
 when they ordained that no man should be 
 allowed to vote or hold office who would not 
 swear to support the Government at Washing- 
 ton ? 
 
 Mr. HITCHCOCK. I rise to another point of 
 order. J'he fnends of ihis bill are not t'^na- 
 cious about these words, and it is wholly use- 
 less to waste time on this point. 
 
 Mr. WELCH. I do not know, sir, that I am 
 authorized to take it for granted that, because 
 the gentleman from St. Louis (Mr. Broad- 
 head), is going to offer an amendment, that, 
 therefore, it will be adopted. This provision 
 in the ordinance met the approval of a major- 
 ity of the committee, not excepting the gen- 
 tleman from St. Louis. Mr. Hitchcock ; for 
 his objection, I believe, only went to the ninth 
 section. It occurred to me, Mr. President, 
 when I read the ordinance, that there was 
 something lurking behind this oath of more 
 importance than would attract the attention of 
 the casual observer when glancing over its 
 provisions. I was fearful, sir, that there was 
 something there improper and uncalled for, 
 and I believed that it was not necessary to re- 
 quire the freemen of this land to swear to sup- 
 port the Government. If I knew that these 
 words would be stricken out, I would not con- 
 sume the time of this Convention by discus- 
 sion. I wish I knew whether they would or 
 not. I will, however, say this much, that I 
 will pass over what I intended to say on 
 that branch of the question about the oath 
 to support the Government at Washington, 
 and await the amendment of the gentleman 
 from St. Louis. The Government of the 
 United States, if I may so express myself, is a 
 trinity. It is composed, if I am not mistaken, 
 of three separate and distinct branches the 
 Legislative, Executive, and Judicial. These 
 three, I believe, constitute the Government, 
 par excellence. What then, Mr. President, do 
 I undertake to do when I swear to support that 
 Government? Do I swear to support every 
 act that the President may do of an exccuiive 
 character, constitutional or otherwise ? Do I 
 swear to support every act of Congress that 
 may be passed, whether constitutional or 
 otherwise? Do 1 swear to support every*de- 
 termination of the Judiciary, whether right or 
 wrong ? I hope, so far as that branch of the 
 Government is concerned, that more of those 
 
who have been disposed to avoid the decisions 
 of the Federal Judiciary will be sworn to sup- 
 port them. But I want to know from the 
 chairman of the committee what he intended 
 to swear me to support. I want to know if he 
 intended to swear me to support every act of 
 Mr. Lincoln, and every act of both branches 
 of Congress, and every decision of the Supreme 
 Court of the United States ? If so, it will be 
 the largest oath, perhaps, that ever was ad- 
 minisfered. I am of the opinion that it would 
 be rather difficult, if the voter should be indict- 
 ed for a violation of this ordinance, to convict 
 him. Sir, if there is anything at all in the 
 phraseology of that oath, if it means anything 
 at all, it means nothing more nor less than that 
 the citizens of Missouri shall be sworn to sup- 
 port the Federal Government, constitutional 
 or otherwise. 
 
 Mr. MCFERRAN. As the gentleman has 
 asked me to state what I understand by this 
 expression, I will do so. I understand that, if 
 Congress pass an unconstitutional law, he is 
 not bound, under the law, to obey it ; for the 
 reason that it is not government, but usurpa- 
 tion : and the same with regard to the other 
 proposition if the President commits uncon- 
 stitutional acts not warranted by the Consti- 
 tution that would not be government, but 
 usurpation. 
 
 Mr. WELCH. The gentleman has given an 
 answer, but not an answer by any means to 
 the objection I made. He tells us an uncon- 
 stitutional act is usurpation. So said the gen- 
 tlemen from South Carolina, and they rebelled. 
 He tells me I have the right under oath to nul- 
 lify any act of Congress if it is unconstitution- 
 al. That is all the right the Secessionists have 
 asked. 
 
 Mr. MCFERRAN. In a constitutional way. 
 
 Mr. WELCH. When the constituted author- 
 ities have passed an unconstitutional law, the 
 gentleman says I must submit until they see fit 
 to remove it until Congress shall step in and 
 repeal it or the Supreme Court reverse it. I 
 understand, then, that the proposition is to re- 
 quire every voter to take an oath to support, 
 protect, and defend the Government, let that 
 Government do as it may. Now, do you tell 
 me that the application of an oath of that kind 
 will tend to allay the excitement of the people 
 of Missouri? Do you tell me that the people 
 of Missouri, or anybody except a Lincoln man, 
 can take that oath with that provision in it? 
 Who then can vote under this ordinance except 
 it be a Lincoln man, or, at least, a man who is 
 
 willing to support the Government of the 
 United States. No other class of citizens in 
 this State can vote except those who are will- 
 ing to support, protect and defend the Govern- 
 ment at Washington. Now we are told, sir, 
 that this test is to be applied to citizens. Why, 
 sir, the question asked by the gentleman from 
 Randolph (Mr. Hall) may well meet with the 
 answer of the gentleman from Monroe (Mr. 
 Howell). Do you suppose emancipationists 
 will be elected ? I say no man but an emanci- 
 pationist can take a seat in this Hall if, in 
 order to come here, he must take an oath to 
 support the Government at Washington. What 
 does the Government at Washington say ? We 
 would like very mu< h to have you emancipate 
 these slaves. The Government at Washington 
 is committed to that policy, and we are to be 
 sworn to protect and defend that Government. 
 It is a handsome scheme to turn over the power 
 of the State, and this is the way this policy is 
 to be inaugurated and executed. Strange, in- 
 deed, Mr. President, that the committee should 
 have proposed such a proposition. 
 
 There are a variety of minor objections to 
 the ordinance. The power of the judges of 
 elections is greater than it should be. Then, 
 the judge of an election is indictable if he per- 
 mits to be recorded the vote of any person who 
 shall not have taken the oath; but there is no 
 provision in the ordinance fixing the evidence 
 of that oath. For instancp, I reside in a re- 
 mote portion of a county, and I go before an 
 officer residing in rny neighborhood who is 
 authorized to administer the oath, and I take 
 the oath required by this ordinance and I go to 
 the county seat and vote. Or, I reside in a 
 remote portion of a county, and go to the 
 county seat and there declare most positively 
 that I did take the oath in my neighborhood 
 before I came to the county seat. Then, what 
 is the duty of the judge? He must either per- 
 mit my name to be recorded, which if he does 
 he will be indictable, or he must refuse me 
 permission to vote without a challenge. In 
 either case it would be wrong. I am rather 
 inclined to the opinion that the proposition in- 
 troduced by the gentleman from Monroe (Mr. 
 Howell) is much better than the one reported 
 back by the committee. I know it will be 
 better if these objectionable words are retained 
 in these oaths, if these oaths are continued as 
 now. If the voter and office-holder are to be 
 required to swear to support the Government 
 at Washington, the people will regard it as an 
 especial favor to have no election at all. As 
 
70 
 
 well remarked by the gentleman from Monroe, 
 we are in no need of legislative action what- 
 ever, except what this Convention can well 
 provide. We have an abundance of statute 
 law, enough to ruin any people, and there is 
 cow no actual necessity for any additional 
 legislation, except that which might arise out 
 of this rebellion, and that we are abundantly 
 able to provide for. There are other objec- 
 tions to this ordinance which I may think it 
 necessary hereafter to call the attention of the 
 Convention to; but as it is getting late, and the 
 members are tired by a long session, I will not 
 detain them longer. 
 
 Mr. HENDERSON. I desire to ask the gen- 
 tleman if he voted for the ordinance passed at 
 the October session, requiring all incumbents 
 in office to take an oath to support the Provi- 
 sional Government, as well as all persons to 
 be appointed, and did he not also vote for the 
 amendment of the gentleman from Davis (Mr. 
 McFerran) applying this to private indivi- 
 duals ? 
 
 Mr. WELCH. I did not. 
 
 Mr. HENDERSON. Not for either of them ? 
 
 Mr. WELCH. No, ?ir. 
 
 Mr. COMINGO. I do not feel disposed, sir, 
 to let this question pass without a few re- 
 marks, and I regret gentlemen did not consent 
 to adjourn until to-morrow morning. 
 
 Mr. PHILLIPS. I think it is eminently due 
 the gentleman from Jackson (Mr. Comingo), 
 that he should have an opportunity to address 
 the Convention on thi" subject. It will be re- 
 membered, at the outset of the Convention, the 
 gentleman from Jackson introduced a series of 
 resolutions touching the subject under consid- 
 eration, and he has been expecting to discuss 
 the proposition now before the Convention. 
 We have been in session all day, and as the 
 hour is late, I, therefore, move to adjourn to 
 half-past eight to-morrow morning. 
 
 The motion to adjourn was lost. 
 
 Mr. COMINGO. I will again repeat that I re- 
 gret exceedingly that the Convention has not 
 seen fit to adjourn at the present hour, in view 
 of the adverse circumstances which exist at 
 the present .time. I shall decline to address 
 the Convention this evening, hoping that in the 
 future discussion of the subject I may have an 
 opportunity to discuss the merits of the bill. 
 
 The PRESIDENT. The question is on the 
 adoption of the amendment offered by the gen- 
 tleman from Greene (Mr. Orr). 
 
 The yeas and nays were demanded, and the 
 vote being taken, resulted ayes 44 ; nays 24. 
 
 So the amendment of the gentleman from 
 Greene was agreed to. 
 
 Mr. HENPRICKS. (When his name was 
 called.) I shall vote No, with the understand- 
 ing that an amendment will be offered to strike 
 out Ihe words in the second line, " or who has 
 since that time given aid, assistance, or en- 
 couragement, to those engaged in rebellion." 
 
 Mr. BROADHEAD. I move that the ordi- 
 nance be re-committed to the committee. 
 
 The motion was agreed to. 
 
 A motion to adjourn was lost. 
 
 Mr. HOWELL. I move to instruct the com- 
 mittee to report an ordinance on the basis of 
 the minority report. 
 
 Mr. BOGY. I move to adjourn until to-mor- 
 row morning at half-past eight o'clock. 
 
 The motion was lost. 
 
 The PRESIDENT. The Chair will announce 
 the committee on the motion of Mr. Hudgens : 
 Mess's. Jrwin, Hendiicks, Moss, Shanklin, 
 and McDowell. 
 
 Mr. HOWELL. I renew my proposition. 
 
 Mr. Moss. I wish to make a remark. If I 
 understand the proposition, it is to instruct the 
 committee to report an ordinance dispensing 
 with the election entirely of all State and 
 county officers. 
 
 Mr. HOWELL. My proposition is to make 
 the series harmonic. The majority of the 
 Committee on Elections and Elective Fran- 
 chise have reported in favor of continuing the 
 present State Government for the residue of 
 the term for which Jackson was elected. My 
 proposition is to dispense with all other elec- 
 tions except members of Congress. 
 
 Mr. DONIPHAN. With all due respect to 
 my friend, I do not see any necessity for pass- 
 ing these instructions to the committee. Now, 
 when the question comes up here, all we have 
 got to do is to move to postpone all elections, 
 and declare that one-half of the people are 
 crazy, and that the other half are sane on all 
 subjects ; and it is a matter that can be accom- 
 plished in about two minutes. 
 
 Mr. RAY. If my friend from Monroe 
 will move to re-commit, with instructions to 
 report a proposition upon the basis of the 
 majority and minority reports, it will carry 
 out his idea. The majority report is to sus- 
 pend the election of Governor, Lieut-Gov- 
 ernor, and Secretary of State ; and the minority 
 report, as supplemental to that, is to suspend 
 the election of members of the General Assem- 
 bly and county officers. Now, I understand 
 the gentleman's object to be, to instruct the 
 
71 
 
 committee to report an ordinance upon the 
 basis of both these reports. 
 
 Mr. HOWELL. I may be crazy, but I trust 1 
 have some common sense. The majority of 
 the Committee on Elections and Elective Fran- 
 chise have reported in favor of dispensing with 
 the election of State officers. This bill is now 
 lying on the table. It is proposed to re-commit 
 the ordinance we have been discussing regard- 
 ing the qualifications of voters. .Now, in place 
 of that, I want the committee instructed to 
 finish out the system, by reporting the ordinance 
 that the minority of that committee reported to 
 the Convention. 
 
 Mr. DONIPHAN. Then I move to take the 
 the other ordinance from the table, and re- 
 commit it with this. 
 
 Mr. HOWELL. That there may be no mis- 
 apprehension, I move that the majority report 
 continuing the present State officers in office, 
 be taken up. 
 
 The PRESIDENT. It will be so ordered, if 
 there is no objection. 
 
 Mr. HOWELL. I now move to re-commit 
 that ordinance, together with the minority re- 
 port, with instructions to report them back on 
 the basis of the minority report. 
 
 Mr. HENDERSON. I now move to refer all 
 the pending questions before the house, with 
 the minority report and other matters, to the 
 Committee on Elections. That will leave them 
 without instructions. If the committee, to- 
 morrow morning, shall report a different thing, 
 it will b? an easy matter to make it all right. 
 
 Mr. McFERRAN. The motion made by the 
 gentleman from Monroe, in the first place, cov- 
 ered all that was necessary. He moved to in- 
 struct the committee to make a report on the 
 
 basis of his report, and represented the effect 
 would be to postpone all elections. Of course, 
 if the committee report an ordinance of that 
 character it includes the whole thing, and the 
 gentleman's motion was right in the first place j 
 and I desire, as one of the committee, to have 
 an expression upon that point. If the Conven- 
 tion votes in favor of the motion of the gentle- 
 man from Monroe, the effect of it will be to 
 instruct the committee to report an ordinance 
 on the basis of his report, which is, that there 
 shall be no elections in this State. I hope the 
 house will take a vote. 
 
 The PRESIDENT. The chairman of the 
 committee seems to desire a vote upon the 
 instructions, and if the gentleman from Pike 
 (Mr. Henderson) will withdraw his motion 
 the vote can be taken. 
 
 Mr. HENDERSON. I am not prepared to say 
 how I will vote. I must confess I am not pre- 
 pared to say whether I am in favor of the 
 postponement of the elections or riot. There 
 are circumstances that will induce me to vote 
 in favor of a postponement. There are two 
 things that will induce me to do so ; and when 
 the case comes before this body I shall give my 
 reasons, and I am not exactly prepared to vote 
 on the proposition of the gentleman from Mon- 
 roe, or to condemn it. I have no doubt, how- 
 ever, in regard to the propriety of this action, 
 and hence it is I desire the Convention to think 
 about this matter. I hope the question will 
 not be acted on this evening. 
 
 The motion of Mr. Howell was lost; and 
 the motion to re-commit the bill defining the 
 qualifications of voters was agreed to. 
 
 The Convention then adjourned to 9 A. M., 
 o-morrow. 
 

 72 
 
 SIXTH DAY. 
 
 JEFFERSON CITY, 
 Saturday, June 6, 1862. 
 Met at 9 A. M. 
 Prayer by the Chaplain. 
 Journal read and approved. 
 
 GRADUAL EMANCIPATION. 
 
 Mr. BRECKINRIDGE introduced the following; 
 ordinance : 
 
 AN OKDINANCE TO PROVIDE FOR SUBMIT- 
 TING TO A VOTE OF THE PEOPLE OF MIS- 
 SOURI CERTAIN AMENDMENTS TO THE 
 CONSTITUTION, AND A SCHEME FOR THE 
 GRADUAL EMANCIPATION OF SLAVES. 
 
 Be it ordained by the People of the State of Mis- 
 souri in Convention assembled, as follows : 
 SECTION 1. That the first and second clauses 
 of the 26th section of the 3d article of the Con- 
 stitution be and the same are hereby abolished. 
 SEC. 2. That all negroes and mulattoes who 
 shall be born in slavery in this State, from 
 and after the first day of January, A. D. 1865, 
 shall be deemed and considered slaves until 
 they shall arrive at the age of twenty-five years, 
 and no longer, unless sooner permanently re- 
 moved from the State. 
 
 Provided, always. That it shall be the duty 
 of the General Assembly of this State, at its 
 first regular session after this ordinance shall 
 take effect, or as soon thereafter as may be 
 practicable, to provide by law for the pay- 
 ment to the owners of those negroes and mulat- 
 toes who would but for this ordinance have 
 been born slaves for life, a full equivalent for 
 their value at the expiration of their term of 
 service, and also to provide by law for their 
 removal to such place or places beyond the 
 limits of this Slate as may be designated by 
 the General Assembly, at the expense of the 
 State, of such persons as they arrive at the age 
 of twenty-five years ; and also to address a me- 
 morial to the Congress of the United States, 
 announcing the acceptance by the State of 
 Missouri of the offer made in the resolution re- 
 commended for adoption by the President of 
 the United States, approved April , 1862, and 
 asking a fulfilment of the pledge therein con- 
 tained, to aid those States which should provide 
 by law for the emancipation of slaves, in bear- 
 ing the burdens thereby incurred. 
 
 SEC. 3. That it shall be the duty of eveiy 
 person who shall be the owner, or who shall 
 
 have charge for the owner or owners thereof, 
 of any negro or mulatto born in this State after 
 the first day of January, A. D. 1865, to deliver, 
 or cause to be delivered, within six months af- 
 ter the birth of said negro or mulatto, to the 
 Clerk of the County Court of the county in 
 which he or she may reside, or in which said 
 negro or mulatto may be born, to be duly filed 
 and recorded in his office in a record book to 
 be provided for that purpose, a paper duly 
 signed, stating the name, age and sex of said 
 negro or mulatto, and the name and residence 
 of the owner or owners thereof ; and failing in 
 this, shall be deemed to have relinquished all 
 claim for compensation as provided in section 
 two for said negro or mulatto so not registered. 
 
 SEC. 4. That from and after the date at which 
 this ordinance shall take effect, no slaves shall 
 be brought into this State. 
 
 SEC. 5. That at the election of State officers, 
 to be held on the first Monday of August, A. 
 D. 1864, the several Cleiks of the County 
 Courts, or, in case said Clerks shall fail to do 
 so, then the clerks of the election, shall, in 
 preparing the poll books for the election, enter 
 thereon two columns, one headed "For gradu- 
 al emancipation," and the other " Against 
 gradual emancipation ;" and if a majority of 
 the legal votes given be for gradual emancipa- 
 tion, then this ordinance shall take effect and 
 be in full force j and if a majority of the legal 
 votes given be against gradual emancipation, 
 then this ordinance shall be null and void, and 
 of no effect : and when the result of said elec- 
 tion shall be ascertained, the Governor of the 
 State shall, by proclamation, announce the 
 same. 
 
 MR. BRECKINRIDGE'S SPEECH. 
 
 Mr. President, I desire to give, as briefly as 
 I can, a tew of the reasons which have induced 
 me to prepare and offer the ordinance which 
 has just been read. I should be pained beyond 
 description if I supposed that any candid and 
 loyal member of this body, or any candid and 
 loyal citizen of this State, would for a moment 
 suppose that, in offering this ordinance in refer- 
 ence to a matter so delicate and important, and 
 which the history of this country shows to be 
 so connected with excitement of every kind, I 
 have any other motive than the good of the 
 commonwealth of which I am a citizen and 
 
73 
 
 servant; or that I am willing, at this time of 
 general distress and general anxiety, when 
 questions so great and vital are already before 
 the people for their disposition, to contribute 
 in any way to the introduction of causes of 
 strife and division among those who are united 
 on the great question of loyalty. It is precisely 
 because I wish, by all possible means, to pre- 
 vent strife j it is precisely because I see division 
 before us, and because I wish, if I can, to avert 
 it; it is precisely because I wish no disturbing 
 element to enter into the other great contro- 
 versies which now occupy us ; and, yet mote, 
 it is precisely because I believe that just in 
 proportion as the people of this commonwealth 
 can he brought to see, that directly in the line 
 proposed by that ordinance is to be found their 
 greatest prosperity, and the surest mode of 
 crushing forever all thought of detaching them 
 in any case from the Union that I have intro- 
 duced it. No conviction rests more clearly on 
 my mind than this ; and if, by any feeble words 
 of mine, I can succeed in impressing on the 
 minds of others this conviction, and induce 
 thpm to take up with me this great question, 
 and contribute to this great result, I shall feel 
 that I have not lived altogether without good 
 results. 
 
 I think I may assume, Mr. President, as a 
 settled thing, in the minds not only of those 
 who may agree with me in whole or in part, 
 in reference to the policy indicated by this 
 ordinance, but in the minds of those who radi- 
 cally differ with me as to the policy itself, or 
 as to the time chosen in which to initiate it, 
 that the doom of the institution of slavery is a 
 thing fixed in the State of Missouri. I have 
 conversed with all the intelligent and thought- 
 ful men whom I have met, representing all old 
 parties, all shades of opinions, and all sections 
 of the State, concerning this matter, and I have 
 yet to find one man willing to say that it was 
 not his distinct conviction that the events of 
 the last few months had finally and irrevocably 
 settled the fate of slavery in the State of Mis- 
 souri. I suppos-e I may treat that as a settled 
 thing. Many persons go further yet than this, 
 and say that the result of this great rebellion 
 which has convulsed the nation, will be, neces- 
 sarily, sooner or later, to settle the doom of 
 the institution throughout this broad continent. 
 That, however, is a matter aside from this 
 proposition, and not necessarily involved in 
 the questions I desire to discuss, and I shall not, 
 therefore, enter upon it. Whether or not it is 
 so in regard to the institution throughout the 
 
 whole country, I may assume for the purpose 
 of my argument that it is a settled thing in the 
 State of Missouri. 
 
 I may, perhaps, add a word or two by way 
 of showing that, even if it had not been for 
 these convulsions, which have rocked the nation 
 to its foundations even if the history of the 
 last eighteen months had been peaceful and 
 prosperous the announcement as to the speedy 
 removal of slavery from Missouri could, with 
 the same confidence, have been made. Let us 
 see if it is not so. 
 
 The number of slaves actually removed from 
 the State, within the last five or ten years, has 
 constantly increased every year. The number 
 of slaves brought into the State from other 
 regions, within that time, has constantly de- 
 creased every year, until, I suppose I may say 
 with confidence that, within the last five years, 
 not nearly enough slaves have been brought 
 into the State to make up for the loss of those 
 removed, and this without regard to the rapid 
 exodus of the last eighteen months. Again, as 
 applied to present circumstances, how many 
 have been removed from the State within the 
 last eighteen months, the last fifteen months, or 
 within the last year? I have heard various 
 estimates. We have no statistics by which we 
 may certainly arrive at these figures. My 
 residence has not been in those portions of the 
 State in which these results would be most 
 directly apparent to me; but I. remember hav- 
 ing heard a distinguished member of this Con- 
 vention state, not long ago, or to have seen it 
 reported that he said in public, that the number 
 of slaves removed from Missouri within the 
 last eighteen months, reached at least fifty or 
 sixty thousand ; and I remember, also, within 
 a day or two, to have heard another justly dis- 
 tinguished member of this body say that, from 
 his portion of the State north of the Missouri 
 river, within the last year, six thousand slaves 
 had, in one way or another, been removed to 
 Kansas, and thirty thousand had been taken by 
 their owners into the South for safety. Now, 
 sir, these are immense results. Admitting the 
 possibility that these estimates are too high, 
 we have some indications of the condition of 
 the public mind which, in my judgment, im- 
 peratively requires those charged with the direc. 
 tion of affairs to strive to ascertain some mode 
 by which they may be able to regulate and 
 control so great and radical a revolution about 
 so great an interest. 
 
 Wise men have said, Mr. President, and I 
 think with justice, that the geographical 
 
tion of Missouri, bounded on three sides by free 
 territory, with all the influences brought thus 
 to bear on it, is of itself enough very speedily 
 to decide the matter. And more than this, 
 they have said, and I again think truly, that 
 the soil, climate, and productions of the State 
 being all more favorable, for the most part, 
 to free than to slave labor inviting con- 
 stantly the competition of free labor that the 
 interest of slaveholders themselves would, in 
 the course of a few years few, I mean, in 
 regard to so great an interest secure the re- 
 moval of slaves from the State. Then, again, 
 a glance at the statistics contained in the 
 census shows that in 1850 the number of slaves 
 in Missouri was but a fraction under 90,000, 
 and the number of whites a little less than 
 600,000; while the result of the last census, 
 taken after an interval of ten years, shows 
 that the number of slaves had increased only 
 about 25,000, bringing the number up to 
 115,000, while the white population had al- 
 most doubled itself, making in round num- 
 bers 1,070,000. These figures certainly throw 
 some light on the subject. You certainly can- 
 not suppose that an institution of this kind, 
 increasing only at that rate, with an over- 
 whelmingly greater increase on the part of the 
 white population, can be expected to be left 
 alone and unquestioned in the midst of preju- 
 dices which are in many quarters so strong 
 against it, with the general understanding that 
 it cannot long remain, and the growing con- 
 viction that while it exists it retards the growth 
 and progress of the State. 
 
 But passing this, it is not a matter that 
 the people of Missouri are able to decide, 
 nor is it a matter that the members of this 
 Convention are able to decide, according to 
 their own will, whether or not this subject shall 
 be thrust upon them. We cannot choose for 
 ourselves whether we will consider it or not. 
 If it rested with me to decide whether, at this 
 particular juncture, this question should be 
 brought before the people of Missouri, it is 
 quite possible that I should prefer silence upon 
 it. But it is not a matter over which t he people 
 of Missouri have any control ; it is in the minds 
 of all men who have considered with thought- 
 ful care their duty to the people, and presses 
 most, those who most thoroughly comprehend 
 our great difficulties as applied to the local 
 interests of Missouri. Why, as to the rebellion 
 itself this monstrous iniquity, this greatest of 
 all human wickednesses since the crucifixion 
 of the Saviour and I do not speak extravagant- 
 
 ly, but only the words of sober, simple truth 
 many men attribute it only to the existence of 
 slavery. Many men, and wise men, not con- 
 fined to northern localities and to free soil, but 
 largely representing southern regions and slave 
 soil, have insisted, and do insist, and strive to 
 enforce their convictions by all the force of 
 reason and argument, that this institution is of 
 itself the cause, the only cause, of all our 
 present woes. They have enforced it by in- 
 sisting on arguments like these; that wherever 
 slavery exists there only has rebellion existed ; 
 that it is a sine qua non of even its partial suc- 
 cess ; that wherever it has had the greatest 
 power, there rebellion has had the greatest 
 violence; that in those regions where it is 
 found most feeble, there treason has had least 
 power, and rebellion, or the spirit of rebellion, 
 has been most readily crushed. Whether these 
 things be true or not, is not necessary for my 
 purpose to decide, and I do not think it profit- 
 able to discuss this question now. I may, 
 however, say that, in my judgment, they err 
 who think it the cause in any such sense as to 
 exclude other most potent causes, for there 
 were many, and they also most surely err who 
 insist that the rebellion could have exis-ted 
 without it. Certainly, however, we all agree 
 whatever our opinions, prejudices, or pre- 
 ferences may be whatever we may think has 
 caused it that this particular institution has 
 been made the engine, in the hands t>f wicked 
 and designing men, with which to inflame and 
 excite the people, thus bringing them to a 
 position in which it was comparatively easy 
 to drive them into the enormous wickedness of 
 the rebellion. This of itself is enough to direct 
 public attention to the subject. 
 
 Again, the President of the United States 
 urges it upon the people of the nation. Now, 
 let me say a word in reference to the President. 
 I did not vote for the present incumbent. In 
 my poor way I did what I could to prevent his 
 election to that high office. He belongs to a 
 party to which I am not and never was allied. 
 He holds many opinions that I never did and 
 do not now endorse. But, sir, for the courage 
 calm and yet true courage with which, in 
 the midst of thronging difficulties such as have 
 never surrounded any other statesman, he has 
 conducted himself and sought to direct and 
 conduct this nation safely through its fiery 
 trials, he deserves the hearty approbation and 
 gratitude of every patriotic citizen. In my 
 opinion, we can have no conception of the 
 difficulties that have surrounded him. Attack- 
 
75 
 
 ed suddenly and violently by the radical wing 
 of his own section, who aided in elevating him 
 to office, who sought to make him the instru- 
 ment of destroying the country, he has with 
 manly courage withstood their efforts, and 
 thus far arrested the dangers they threatened. 
 He has been denounced through all the stages 
 of this rebellion, and vilified by ninny thou- 
 sands of the people of the South as their great 
 enemy, bent on their destruction ; but he has 
 been their great protector the great break- 
 water against which the violent waves of 
 fanaticism, madly rushing, have been cast back 
 harmless. 
 
 And we in the border States we, who owe 
 our existence, who owe the privilege of remain- 
 ing here at all, under God, to him and his 
 influence certainly we should be the last men 
 to speak evil words of him. I can heartily 
 endorse the words spoken by that noble Border 
 State man and patriot, (Mr. Crittenden of Ken- 
 tucky,) who said the President had won his 
 heart, and that there was reserved for him, in 
 case he succeeded in restraining the violence 
 of men and restoring the country to its unity 
 and prosperity, a niche in the temple of fame, 
 side by side with those who had been by God 
 blessed in being able to found this Government, 
 and with him who was the peerless father of 
 it. The work of preservation is but little less 
 arduous and glorious than the grand work of 
 creation. Now, this man to whom we owe so 
 much, appeals to us, and to us here and now, 
 just as distinctly as it' by name, and, making no 
 selfish entreaty, addresses words of earnest 
 admonition and exhortation to us; and more 
 than that, he shows by the tone, tenor, and 
 temper of his appeals, his earnest conviction, 
 that, unless we act wisely in this regard before 
 it is too late, it may be impossible for him to 
 avert from us the troubles and dangers that 
 may come. It is due to him, not only because 
 of his high office, but of the manly merit shown 
 in that great office, that we should at least say 
 some respectful words in answer to his appeal. 
 There is the most touching pathos and earnest 
 eloquence in the words of that address which 
 the President issued to the people of the United 
 States, on the occasion of annulling that 
 wretched proclamation of the General com- 
 manding on the coast of South Carolina, in 
 which after revoking it, and so putting him- 
 self in a position in which the radical men of 
 the North might denounce him (as they have 
 done and are doing) as a betrayer of the trust 
 they claim to have confided to him after 
 
 taking that high stand, and it requires a man 
 of true courage to do that there is, I say, a 
 touching pathos and earnest eloquence in his 
 appeal to the people of the border States to 
 consider this question. For one, sir, if I had 
 not thought of it before, I would have con- 
 sidered it my duty as a good and loyal citizen 
 of these United States, when the President's 
 words came with so much force, advising me 
 to take action on this subject, to respond by at 
 least giving to it a calm and earnest consider- 
 ation. I have done so, and I give you the 
 results of that consideration. 
 
 Again, the President of the United States, 
 appealing to Congress to join him in this mat- 
 ter, has been sustained by Congress, and that 
 body by an overwhelming majority sustained 
 and aided, I am glad to know, by the wisdom 
 and statesmanship of some of the representa- 
 tives of the border States (and I only regret 
 they were not all able to see their way clear to 
 join in it) has adopted in terms the resolution 
 propounded by the President, and has pledged 
 all the power and all the resources of the 
 Government to those of the people of the 
 United States in States where the institution of 
 slavery prevails, to aid them, if they shall take 
 the action indicated in it, by such methods and 
 at such times as seems best to them, in bearing 
 the burdens which will no doubt come as a re- 
 sult of this action, and "to compensate for the 
 inconvenience, public and private, produced by 
 such change of system." If there were nothing 
 else, the question thus forced upon the con- 
 sideration of the country would be so presented 
 that wise men could not refuse to consider it, 
 whatever result they might arrive at after con- 
 sideration. 
 
 Once more, sir, our own unquiet condition 
 better, thank God, than it was a year ago, but 
 still bad enough admonishes us of this, at 
 least, however men may differ otherwise, tha 
 if it is in the heart of the people of Mis- 
 souri to do this thing if it is their purpose 
 to declare that, by some wise, just, and gra- 
 dual plan they will be rid of this institu- 
 tion that then, even though the rebellion 
 should continue longer than I suppose it 
 can, for it seems to me to be in the very 
 throes of death, the mere announcement of the 
 purpose would be of itself the greatest possible 
 instrumentality for securing to us peace. For, 
 suppose if such a monstrous supposition 
 could enter your minds that the Government 
 of the Confederate States, so-called, should be 
 permanently established j and suppose that the 
 
76 
 
 authorities there were informed that the great 
 State of Missouri had determined to rid itself 
 of the institution of slavery, does any man 
 imagine that the Confederacy, founded, as its 
 second officer said it was, upon slavery as its 
 chief corner-stone, would admit into the edifice 
 such an immense block of granite as this State 
 would be, with institutions utterly discordant 
 with theirs in the very particular they claim to 
 be essential? The mere announcement that 
 the people of Missouri had initiated a plan by 
 which, in fifty years even, they would emanci- 
 pate their slaves, would be absolutely final as 
 to all ihought or desire on the part of the people 
 of the Southern Confederacy, even if it should 
 succeed, of securing our adhesion to it. And 
 then from our borders would be expelled, if 
 not before, the vile guerrilla bands, those plun- 
 dering assassins, who deserve the speediest and 
 most condign punishment that can be visited 
 upon them, and who daily carry misery to so 
 many homes. 
 
 If I am right, Mr. President, in these things, 
 and I think I am, this follows, that the question 
 before us to-day, even if I had not introduced 
 this ordinance, is not whether we will or not 
 consider this great matter, but, being compelled 
 by the force of circumstances to consider it, 
 how we will decide it. That is the question, 
 and it is one which cannot be avoided, whether 
 wise or unwise whether we like it or not 
 whether we think it best or not whether the 
 time is propitious or not it is now and here 
 pressing upon us for decision. Certainly, sir, 
 no one who claims to be worthy to represent, 
 in high discussions and in the discharge of duties 
 such as ours, a great people, will be guilty of 
 the folly of spending time in deploring the 
 necessity of action, when it is clear to his 
 comprehension that action only will answer. 
 The storm rages, whether we will or not ; the 
 storm rages, and the question is whether we 
 shall oppose to it a feeble resistance which 
 must be fruitless, and so impair its force in no- 
 thing, but only become its victims ; or wheth- 
 er, since we cannot prevent it, we may by 
 wise counsel seek to direct and guide its action, 
 and so avert from us the fate which otherwise 
 awaits us. The very horn-book of statesman- 
 ship proves clearly what is wise, and what is 
 the duty resting upon us in such a case. The 
 very elements of statesmanship prove to us 
 that if we would be true to the demands of 
 duty, we must take it up and consider it in the 
 light of all the truth and reason we can com- 
 mand. My judgment is that the decision is to 
 
 be made by us, and that the alternative is not 
 between slavery to be perpetuated indefinitely 
 in the State of Missouri and emancipation, but 
 between emancipation gradual and emancipa- 
 tion almost immediate. I do not now speak 
 of any policy I have of that sort. I greatly 
 regret that it is so ; but I speak now of the 
 course of events the actual state of things 
 presented, whether we like it or not. 
 
 How, then, is this state of things to be met ? 
 If I am right, how is it to be met, and what is 
 it the part of wise men to do? There is no 
 conviction resting on my mind more clear than 
 that the interests mid the duty of the people of 
 Missouri point imperatively in one direction j 
 that their only wise policy is to provide for the 
 gradual removal of the institution and the sub- 
 jects of it from the State. Not, sir, in the 
 spirit of fanaticism do I entertain these views. 
 I am not much in the habit of disavowing 
 opinions which 1 never held, (lest, perchance, 
 I mi&ht be suspected if silent,) because I have 
 supposed that, humble as has been the course 
 of my life, those who thought enough of it to 
 consider it at all, would know that I have at 
 all times allied my. -elf with those whom I be- 
 lieved to be conservative; not in the spirit of 
 fanaticism, for no man deplores more than I 
 do the reckless, radical, unwise, and malignant 
 spirit which so often prevails in these discus- 
 sions at the North, and which, unfortunately, 
 just as often, for years past, has prevailed at 
 the South, and which there has wrought so 
 much ruin, even before its last terrible results; 
 not in the spirit of fanaticism; not in the in- 
 terest of the negro, for I am not influenced in 
 making this proposition by any of the human- 
 itarian notions of the day, which prevail in so 
 many minds not in the least. I believe con- 
 fidently joining still with the men of all 
 parties, and of all nations and races, in de- 
 nouncing the wickedness of those men who 
 ravished the ancestors of these people from 
 their homes and brought them here, subjects of 
 barter, and to supply a wicked traffic, which 
 was made a chief ground of complaint when 
 our revolutionary fathers appealed to the civ- 
 ilized world against the oppressions of Great 
 Britain I believe confidently, the negro is 
 better off in slavery here, than he could be in 
 the present generation if he were free here or 
 elsewhere. Not, then, as a friend to the negro 
 not out of sympathy with the slave but as a 
 friend to the white man, for I love my own 
 people better than any other, and it is because 
 I so love them that I desire to aid in devising 
 
77 
 
 methods to promote their interests ; and if, 
 incidentally, some other people shall derive 
 some benefit, surely I shall not complain. The 
 real, decisive object with me is the interest of 
 my own race, my own people, my own Gov- 
 ernment, and for this I labor. Not, again, sir, 
 by revolutionary action at all do I seek it. If 
 I could control it I would not allow such in- 
 fluences to prevail, but by slow approaches ; 
 not by convulsion, but by gentle means ; not 
 by advocating radical and reckless measures, 
 but by those gradual, well matured, tested by 
 the experience of other States, and endorsed by 
 the wisdom of the greatest statesman this 
 country has ever produced ; not seeking to 
 make my views the test of any man's wisdom 
 or loyalty, for I know, and I think it would be 
 well if many at the North would also know, 
 that many thousands of the most efficient., 
 most determined and resolute Union men are 
 those who are the most distinct in the avowal 
 of their belief that this institution is of itself a 
 great blessing. 
 
 Again, sir, surely not by the final action of 
 this body, but by appealing through the ma- 
 chinery provided by it, to the people for their 
 well considered judgment and deliberate deter- 
 mination. What are the features, Mr. Presi- 
 dent, of this plan set forth in the ordinance I 
 have submitted? First, sir, it proposes and 
 that may not be necessary when taken in 
 connection with the other features of it, but I 
 have thought it a wise precaution against those 
 nice legal and constitutional questions which 
 may arise to embarrass it it propo-es to sweep 
 out of the Constitution those clauses which it 
 contains, and which were put there for the 
 purpose of preventing interference with this 
 institution, by providing for their repeal. It 
 proposes not to interfere with the status of any 
 slave now living not one. Let all, as far as 
 J am concerned, who are now living within the 
 limits of the State, remain here, living and 
 dying slaves. I do not propose, nor do I desire 
 to interfere with one of them. It proposes to 
 apply itself only to those born after the first 
 of January, 1865. I have chosen, sir, in draft- 
 ing this ordinance, that date. I think it long 
 enough, but I have no particular preference for 
 it. A year or two later, or even more, will 
 answer just as well; and I will state, in order 
 that it may be fully understood, that I have 
 desired, in presenting this plan, to present not 
 alone rny own peculiar views, but I have sought 
 in it to consult the judgment, and, to some ex- 
 tent, even the prejudices of other conservative 
 
 men. I am not so wedded to it, or any part of 
 it, as to bo unwilling to adopt any modification 
 of it which shall accomplish the sane great 
 object by even more gradual means. 
 
 But, as I have stated, the day named is the 
 first day of January, 1805, and even then there 
 is to be no change in their condition. At the 
 end of twenty -five years to be spent in slavery, 
 they are to be removed. They are not to be 
 free at all upon the soil of Missouri, and re- 
 main here a pest upon her bosom a class ne- 
 cessarily inferior and depraved. I do not de- 
 sire to see any action taken to increase the 
 number of free negroes, and I would not. by 
 any act of mine, add one to that class amongst 
 us. It is provided that on reaching that age, 
 they shall be by the State taken from the State, 
 the General Government aiding according to 
 its pledge, and removed to some locality where, 
 perhaps, in the course of time, they may be 
 able to build up for themselves a country and 
 a home. And that is not all. They are to be 
 removed by the State at the expense of the 
 State, but only when those who own them have 
 been paid for them their full value. And yet 
 that is not all. The whole plan in all its parts 
 and in all its details, is to be submitted to the 
 people for their final action upon it. Not now, 
 when the public mind is so occupied with other 
 and more vital matters not now, when parties 
 might be ready to make a test of it to divide 
 the people on other most important questions 
 not now, when the State bleeds under the ter- 
 rible strife that treason has brought on her 
 but two years, I have said, or, if you choose, 
 four or five years from now, let it be submit- 
 ted to the people, when they are to elect no one, 
 and when a vote is not to be taken upon any 
 other matter, which mit:ht divide and di-tract 
 them. Then, calmly, when smiling peace with 
 all its blessings has returned to us, and when 
 prosperity shall have again been restored to 
 this broad continent and all its people, then, with 
 nothing to disturb or excite them, let the people 
 in their majesty come and decide for themselves, 
 in the light of all the knowledge they can com- 
 mand, this great question. 
 
 Mr. President: it seems tome, if any human 
 mind can be willing to consider this question 
 of emancipation at all this plan stripped of all 
 those features which are exciting, must com- 
 mend itself. If, under any possible state of case, 
 any gentleman is willing this matter should be 
 thought of at all, here certainly is the way in 
 which he can do it without fear of exciting the 
 tender susceptibilities of any one. I have desir- 
 
78 
 
 ed, in framing and submitting it to the conside- 
 ration of the Convention, that it should be so 
 worded as to be in all respects a reflex, as far as 
 possible, of my own thoroughly conservative 
 ideas upon the subject, and that no one should 
 find in it anything unjust or radical. 
 
 Suppose it done, sir. Suppose this ordinance 
 adopted by this Convention, what remains as 
 the basis for a party making emancipation its 
 leading idea? Suppose, further, the people of 
 the State, having the privilege given to them 
 of deciding this matter, should decide in the 
 affirmative, and incorporate in the body of their 
 laws this proposition, what will follow ? One 
 result, I think, I can safely predict, would be 
 the cessation of all excitement on the subject. 
 What would remain as food for excitement 1 
 What possible basis on which to build up radi- 
 cal movements ? Even during the present ex- 
 citement, suppose the Convention should agree 
 with me and adopt this proposition, what re- 
 mains for those radical men who are found 
 within the limits of the State, and who would 
 be ill satisfied with it, or at least a portion of 
 them, because not responding directly to their 
 views ? There are radical men in this State 
 there are those, it is alleged, who, though truly 
 loyal, may forget, in the prominence they give 
 to this great matter, other most important inter- 
 ests, and, perhaps, would be willing to divide the 
 loyal men of the State on this subject ; but if 
 there are such, I am not of them. Let the Con- 
 vention adopt this plan, and it would be as the 
 summons of death to all improper agitation, for 
 the power to agitate the people would be gone 
 in an instant. Suppose it done by the Conven- 
 tion and adopted by the people, will any one 
 need to be told the consequences ? 
 
 A tide of people flowing into this State from 
 the great States around us ; filling up its wide 
 limits, and covering its broad and virgin acres 
 now lying waste by millions, and with us ex- 
 posing the rich mines of wealth that now lie 
 buried in the earth neglected ; bringing with 
 them capital to develop all that is not develop- 
 ed, because the State has been too poor and 
 sparsely settled to do it, and supplying the place 
 of that class of laborers who go away from us. 
 And this change so gradually and silently ef- 
 fected that we will know it has been accom- 
 plished only by the grand resuls that follow it. 
 
 Our State debt, amounting to say twenly-four 
 millions, on which now we are unable to 
 pay the semi-annual interest a burden under 
 which we have long struggled, and which now 
 crushes us to the earth will become light by 
 
 means of this tide of immigration, and the 
 large increase of wealth and power which they, 
 in coming to labor with us, will give. Our pros- 
 trate credit raised, and all that can impede our 
 progress removed, we shall be launched again 
 on a career of greatness such as Heaven rarely 
 vouchsafes to any people. And then again, 
 consider our portion of the National debt. 
 Thousands of millions of money would be well 
 spent, and must be spent, sparing nothing that 
 may be necessary in restoring the unity of the 
 Government, and in protecting and preserving 
 its nationality. But, when it is done, the peo- 
 ple whom we represent will have their portion 
 to pay. How are we to do it ? If we are un- 
 able to pay the regularly accruing interest on 
 a debt of $24,000,000, how can we on a Nation- 
 al debt of a thousand or fifteen hundred mil- 
 lions, which our debt may reach, assume our 
 portion of the payment 1 ? It must remain ab- 
 solutely unpaid, or else be wrung from our 
 hard necessities. This plan would add to. our 
 ability to pay, not only our own local State 
 burden, but would inevitably bring to us such 
 a tide of prosperity, that even this great Na- 
 tional burden would be borne easily by our 
 people, and that, too, without trenching upon 
 the resources necessary for their support. Now, 
 this is the grand result if this proposition is 
 adopted. If I am mistaken, I would be glad to 
 have gentlemen point out where the error lies. 
 On the other hand, sir, suppose it not done. 
 The same process by which, according to some 
 estimates, fifty thousand slaves have gone from 
 us within a year, will continue, marked by the 
 same sad features as it progresses, and filled 
 with the same record of outrage, violence and 
 wrong ; no compensation, not a farthing, but 
 too often in the form in which it comes, strip- 
 ping the owner not only of his slaves, but also 
 all that he has, the hard earnings of a life-time 
 of labor ; no choice as to time, means or meth- 
 od, not at all ; no gradual change, but a shock, 
 sudden enough to leave the deserted plow mid- 
 way in the unfinished furrow, and the ungath- 
 ered crop rotting in the field ; a shock sudden 
 enough to strip many men of all the means of 
 life; a shock sudden enough to withdraw im- 
 mediately such a proportion of the laboring 
 classes as to break down a commonwealth in- 
 finitely more powerful than this. I do not say, 
 Mr. President, that I desire those results. God 
 forbid ! But I do say that it does not require 
 the power of prophecy to say they will ensue. 
 Our credit then dead, our pecuniary burdens 
 intolerable our laborers in such large numbers 
 
79 
 
 gone, and none immediately replacing them 
 we would be driven to that last sad resort of 
 feeble and dishonest States repudiation. 
 
 Let no man say I am willing by side issues to 
 divide or distract the Union party. I seek by 
 tin- only means remaining to prevent this very 
 evil which I dread. The question, as I have 
 said before, is made, is here among you, is in 
 the minds of every man on this floor, and in 
 the minds of all the people, liefer it to the 
 people, and, as I said before, the reason for di- 
 vision is removed, and the possibility of radical 
 schemes averted ; for, in spite of all efforts to 
 the contrary, nothing remains as a basis of ex- 
 citement. 
 
 If it may be borne with, Mr. President, I de- 
 sire to notice very briefly a few of the objec- 
 tions which I have heard, and which come from 
 gentlemen whose experience, and whose ability 
 and loyalty entitle them to high consideration 
 and respect. I desire to examine some of these 
 objections, and to see, as briefly as possible, 
 whether in fact there is any thing in them wor- 
 thy of serious thought, of force enough to show 
 that the position I have taken is erroneous. 
 
 They say we have enough already to do. 
 That is true. There never was a people more 
 fully burdened with enough to do, nor dealing 
 with issues more tremendous than this, to-wit : 
 the very life of the commonwealth itself. And 
 that would be an unanswerable argument, if 
 what I have already shown were not also true, 
 that whether we will or will not consider it, it 
 will be thrust upon us it is thrust upon us 
 with a power we cannot control or resist. 
 
 Again : it is objected by those who, under 
 ordinary circumstances, declare they would ap- 
 prove it, that it will create excitement, agita- 
 tion and strife among Union men, and will 
 have a bad effect also upon the rebels and their 
 allies among us. I do not believe, sir, if this 
 body will give to the loyal people of the State 
 the right to pass on this issue, that it will pro- 
 duce any excitement at all. It should not do 
 so, nor do I believe the history of any people 
 to whom this question has been thus, or in any 
 like form, submitted, will prove it. 
 
 It is said it will perhaps excite the rebellious 
 portion of our people. It has not been my 
 habit, Mr. President, during any part of this 
 controversy, to consider whether anything I 
 proposed to do, or did do, would excite any 
 man already sufficiently excited to seek to de- 
 stroy everything that is valuable in our institu- 
 tions, and drive us to arms in its support. My 
 desire has been not to consider his liability to 
 
 excitement at all, but my duty ; and I think 
 the experience of this Convention and of the 
 people of the State has been, that just in pro- 
 portion as the attempt has been made to avoid 
 doing what would excite those already engaged 
 in treason, or sympathizing with it, they have 
 become still more excited. Letting them alone 
 is the most exciting thing to them I have seen 
 done. It is not the part of wisdom or ol states- 
 manship to consider the wishes and desires of 
 those who have already availed themselves of 
 every possible means to gratify their evil desires, 
 and who scoff at our efforts to conciliate them. 
 The best mode of conciliating rebels is by the 
 demonstration of the power of the Government, 
 and by force compelling submission. 
 
 Again : I have heard it suggested that this 
 proposition, if adopted by this Convention and 
 submitted to the people, would be used to jus- 
 tify the charge so often made use of heretofore, 
 that the Union party is abolitionized or allied 
 to abolition. There could be no more infamous 
 falsehood announced concerning the over- 
 whelming masses of our people, and yet I think 
 I may say, that, without any opinion on this 
 subject which would justify the charge, there is 
 not to be found in the State of Missouri a sin- 
 gle man of marked loyalty who has not already 
 been denounced as an Abolitionist, though, 
 in fact, as far removed from that class as 
 he is in thought or sympathy from those 
 who prefer the charge. This charge has been 
 so often and so flippantly made that I have 
 come to consider it as, perhaps, the most un- 
 failing test of a man's loyalty, that he has been 
 denounced as an Abolitionist. The man who 
 has been so successful in tempering his loyalty 
 throughout this struggle as to avoid exciting 
 the hostility of this class engaged in treason, 
 and their sympathizers, to sii' h an extent as 
 not to incur the application of that epithet, I 
 will not say he is not loyal, but I will say his 
 loyalty has, in all probability, not borne any 
 very distinguished fruits. They will resort, 
 whether you do anything or nothing, to all 
 means of misrepresentation, and will not ceaes 
 until treason dies within them, to vilify you, to 
 inflame the public mind against you, and by 
 all means mislead. Will men in these high 
 places be influenced, in any degree, by such 
 follies, or modify their action in any respect 
 upon such suggestions ? 
 
 Again, sir: and this is the reason I have 
 heard most frequently suggested a reason 
 which, it seems to me, has the least possible 
 force it is said that five years probably, and 
 
80 
 
 ten years at any rate, under the present rate of 
 progress, will accomplish the desired result, 
 unaided by our action ; and why not, therefore, 
 await in silence the simple lapse of time ? 
 Have gentlemen fallen so much in love with 
 recent processes that they desire to continue 
 them ? Can it be that, with these opinions, 
 they will deliberately allow the people to lose 
 absolutely all compensation rather than refer to 
 them the decision of the question, and thus 
 give them full opportunity to be reimbursed ? 
 Can it be, that gentlemen of ability and expe- 
 rience will be if I may be permitted, with all 
 respect, to say so so absolutely blind as to 
 prefer that the people, whom they represent, 
 and with whose destinies they are so largely 
 charged, shall, in less than five years, lose by 
 radical methods, so large a portion of their 
 slaves absolutely, and in a mode which is, of 
 itself, so largely destructive of their interests, 
 however certainly it might, in the end, contri- 
 bute to the aggregate wealth and prosperity of 
 the State, rather than entertain the proposition 
 of allowing the people themselves to decide the 
 question in a way which will avert all convul- 
 sions and secure full compensation 1 ? 
 
 It is said again, the people want repose. 
 So they do, and it will not disturb their re- 
 pose if they are allowed carefully to consider 
 and answer this question. By which will they 
 be most disturbed, by this method, or by the 
 recurrence at every election for years to come, 
 as the institution becomes, as it will, even ac- 
 cording to the opinions of the objectors, more 
 feeble, of the same questions, presented often 
 in the most violent and radical manner ? And 
 if there be no election, as I believe is the policy 
 preferred by some of the gentlemen on this 
 floor, will not the submission of this question, 
 and the appointment of a time some years 
 hence -for its settlement, have a better effect 
 for quiet, than the knowledge on the part 
 of the people that it is to be constantly thrust 
 upon them, in season and out of season, so 
 soon as the polls are again thrown open ? Will 
 it not be better to fix a time when they, in 
 their own might, may settle it, than to allow 
 them at every national and State election, in 
 the choice of every county and township officer, 
 to be approached, consulted and canvassed 
 about it, and, after all, with no substantial re- 
 sult? 
 
 Once more, I have heard it suggested, and 
 if I am not mistaken, I saw it suggested within 
 a day or two in one of the largest and most in- 
 fluential papers of this State, as a matter for 
 
 the consideration of this body, that it did not 
 possess the power to adopt such a plan. I will 
 not waste time, Mr. President, in discussing a 
 question like that. I mention it only to show 
 that I have not lost sight of any of the objec- 
 tions made. Surely no one capable of the 
 simplest thought can candidly urge this, in 
 view of the questions we have already dealt 
 with, and surely no loyal member of this body 
 who was one of the majority which deposed 
 the fugitive Jackson, and swept out of their 
 dishonored seats the members of the General 
 As>embly, can hesitate as to its full power in 
 the premises. Our solemn votes, and the re- 
 cord of them made, settle beyond 'dispute our 
 estimate of our own power, and that it is all- 
 sufficient for this purpose. 
 
 Again, it is objected that Ave were not elected 
 for this purpose. That is true. But I desire 
 again to ask gentlemen, which one of them 
 was elected for the purpose of deposing the 
 infamous Jackson ? Which one of them was 
 sent here for the purpose of hurling out of 
 office a traitorous Legislature ? Which one of 
 them was sent here to do any of the other acts 
 which now, and in all our sessions since last 
 July, we have found it necessary to adopt ? 
 We have wisely decided that the proper mea- 
 sure of our action was just that course which 
 we believed the safety of the people required, 
 not refusing to act because the particular mat- 
 ter was not distinctly entrusted to us. Thank 
 God ! these things were done. Thank God ! I, 
 in my humble way, had an opportunity to 
 join in doing them ; and, indeed, I reckon it a 
 high honor to have had that privilege. Let 
 this also be determined by the same sound 
 rule. Let us decide to-day those things which 
 the health of the State absolutely demands at 
 our hands. I propose to you this great ques- 
 tion, and appeal to you by the same argument 
 as that employed heretofore in other cases, for 
 some action upon it, believing that it will im- 
 mensely increase the prosperity of the State, 
 and that the interest of the people imperatively 
 requires it of you. 
 
 It is also objected by some persons that we 
 are not informed as to the will of the people 
 on this subject. I ask, sir, only to be informed 
 of that will. We have had no authoritative 
 expression of the will of the people of the State 
 concernintr the matter. Then, sir, let us have 
 it. Surely gentlemen have not so lost confi- 
 dence in the people that they are unwilling 
 to let them express their will about) it ; and 
 surely no man who will carefully think of it 
 
81 
 
 will complain of that public servant, who, by 
 such a measure as I have proposed, which so 
 carefully guards all the rights of the people, 
 has merely chosen to allow him, as one of the 
 people, to decide, so far as may be in his 
 power, what shall be the issue of the contro- 
 versy. 
 
 I have heard it stated, also, and it is worthy 
 of a moment's consideration, that even if adopt- 
 ed, the plan is impracticable, because it is im- 
 possible to make compensation for so large and 
 valuable a species of property as these persons 
 constitute. I think a moment's reflection, will 
 show that this is not so. Remember, in the 
 first place, you have the pledge, in the abstract, 
 it is true, but yet in a form which it must be 
 admitted the Government and the Congress of 
 the United States will be very slow to retract 
 or violate indeed, it is not only binding in 
 good faith, but has, when accepted by us, all 
 the power of a contract ; remember, you have 
 the pledge of the resources of the entire Gov- 
 ernment to enable you to accomplish this ob- 
 ject ; still farther, remember the plan I pro- 
 pose is slow in its operation, that it applies to 
 no living slave, but twenty-five years hence 
 can for the first time work freedom for any 
 slave. Let the people adopt that plan, and 
 more than twenty-five years is given ; twenty- 
 seven years from this date is the time for the 
 first slave to be removed from the State abso- 
 lutely, under the provisions of that ordinance 
 Twenty -seven years, sir, is the time; and 
 then remember how large a proportion of those 
 who are born die before reaching twenty five 
 years of age, and of those born and not dying, 
 how many will be removed to other slave 
 States ; not by a rapid movement, not by 
 gathering them up in the night and hurrying 
 them off in frantic haste, but with full notice 
 with so long a time for preparation as to insure 
 an influx of other laborers to fill their places 
 and to destroy all the prejudice of those who 
 might not be willing to relinquish them under 
 the compensating provisions of the ordinance 
 and who have thus full time for their remova 
 to those regions where the institution may stil 
 prevail. And finally, remember that thost 
 who reach this age will reach it at intervals 
 not coming as a burden upon the State all a 
 once, or even in any considerable number 
 and it is safe to say that ten or twenty thou 
 sand dollars yearly, for a few years, will be all 
 sufficient to compensate for every negro whose 
 owner can claim payment under the provision 
 of this ordinance. 
 
 6 
 
 I have not ventured at all into the field of 
 tatistics, rich as it is in most convincing rea- 
 ons for adopting this plan, if we seek only 
 hat policy which will most rapidly increase 
 ur population, wealth and power. I have pur- 
 >osely avoided this view of the subject ; for, 
 hile I may suppose the members of this Con- 
 tention are as fully informed in this respect as 
 
 am, 1 should only weary them and waste 
 ime in seeking to fortify my argument in this 
 way. To those who are curious in such mat- 
 :ers, I commend a comparison of the States of 
 Virginia, Kentucky and Missouri with New 
 York or Pennsylvania, Ohio and Illinois, and 
 ask attention to the wonderfully rapid relative 
 ncrease of the latter in all the elements that 
 give wealth and power to a State the more 
 striking and conclusive when it is remembered 
 that in each case the advantage in all respects 
 was originally with those which now have 
 fallen far behind. I will not dwell on this topic, 
 but hurry to a conclusion, lest I abuse your 
 patience. 
 
 I have desired to present only a few of the 
 considerations most familiar, and which have 
 suggested themselves to my mind upon this 
 question. For I have been satisfied, not only 
 as to this body, but as to the people of this 
 great State, that however much they may be 
 wedded to this institution ; however much they 
 may desire to retain it, as I know very many 
 of our best and most loyal men do, I have been 
 satisfied that the simple logic of the statement 
 of the case would be conclusive, provided it is 
 considered without prejudice. 
 
 Let me state it in a word again : Slavery is 
 doomed in Missouri. This all admit, and 
 whether it be agreeable to us or not, we have 
 no power to alter the decree. The question 
 is so variously presented that we cannot avoid 
 it if we would. If we refuse ourselves to act, 
 or to let the people act, its destruction will be 
 violent and speedy, not gradual as, by direct- 
 ing, we may make it. The too rapid removal 
 of so large a part of the labor and wealth of 
 the State, no new labor immediately supplying 
 its place, and no compensation following its 
 removal, will be destructive of many private 
 interests, though in the end adding largely to 
 the aggregate wealth. And finally, the way 
 is open to avert the threatened evils by simply 
 asking the people their will. 
 
 I have said before that there was no convic- 
 tion resting more clearly upon my mind than 
 this, that the interests of the people, the wealth 
 of the people, the power of the people, the just 
 
82 
 
 influence of this great State, destined of itself 
 to be an empire, would all be so promoted by 
 the adoption of this proposition, as not only to 
 justify such action, but to require it of us im- 
 peratively. I did consider it, Mr. President, 
 and I do yet consider it as great an honor as 
 could be conferred upon me, that I was by that 
 noble people, among whom I live, designated 
 as one of those to deliberate and act for them 
 in this body upon questions as vital as any 
 people can ever commit to those who represent 
 them ; and I thank them from my inmost 
 heart for this high evidence of their confidence 
 and regard. I have considered it, sir, a high 
 honor to be a member of this body, and while 
 in many things it has failed to go as far as 1 
 desired, or as far as I thought a wise policy 
 indicated, it has been in its action so wise, and 
 has so readily met great emergencies, and as- 
 sumed great responsibilities as they have : 
 arisen it has proceeded with such manly dig- 
 nity and calm resolution to the consideration 
 and decision of the difficult questions these 
 times of trial have cast upon it, that I do yet 
 consider it a high honor to be a member of it ; 
 and I venture to say that if this body desires 
 to add one other noble act to its record, which 
 shall claim the admiration and the gratitude 
 of the people throughout the entire common- 
 wealth, the way is now easy and open. I think 
 I have not overmuch ambition, but I am not 
 devoid of it, and he is a poor citizen and a 
 worthless public servant who has none. But I 
 tell you, sir, the measure of my ambition would 
 be satisfied if here to-day I could so link my- 
 self to such a proposition as this, as that I 
 might be mentioned in connection with it years 
 hence among the people whom we here repre- 
 sent and serve, as one of those who, however 
 humbly, contributed to its adoption. Here, 
 then, is the sum of the whole matter. I have 
 not dealt with statistics ; I have desired plainly 
 to make a few suggestions that seemed to me 
 to have some weight. I have not desired, and 
 I repeat it distinctly, to introduce into this 
 body, at this time, an issue which would ex- 
 cite or divide Union men. What I have done 
 has been done, because I desired, in my poor 
 way, to contribute what I could to avert 
 the strife and division which threaten us 
 on this issue, and at the same time promote 
 the best interest of this great State. If 
 there is any one wish nearer my heart than 
 another, after the preservation of this Union, 
 it is that the loyal people of this great com- 
 monwealth shall not be divided and dis- 
 
 tracted in their action; but that they shall 
 labor together unitedly for the preservation of 
 the State. And I give it as my deliberate 
 judgment that this, or some such action, is ne- 
 cessary to enable them to do this. I eschew 
 all tests that contribute to the building up of a 
 party on the single issue of emancipation. 
 When a candidate is presented for my choice, 
 the only test I shall apply as it is the only 
 one I have applied during these great trials 
 is that of thorough, original, untainted loyalty. 
 But I desire this question to be submitted to 
 the people. I wish to avoid all chance of divi- 
 sion upon other issues, and therefore I desire 
 to remove it from present complications, and 
 postpone its decision for at least two years, 
 when peace and prosperity shall have returned ; 
 when the perfect restoration of the Union shall 
 have crowned our present struggles ; and when, 
 freed from all embarrassment, it may be calmly 
 and wisely considered and decided. 
 
 I have thus attempted to discharge what I 
 felt to be my clear duty, and having done this, 
 I leave to you, Mr. President and gentlemen, 
 the responsibility, I still must share with you, 
 of deciding this great question. It is a respon- 
 sibility which no wise man would covet, but 
 which no wise man, no faithful public servant, 
 having it cast on him, will endeavor to shrink 
 from or avoid. 
 
 Mr. HENDERSON endeavored to obtain the 
 floor. 
 
 Mr. HALL of Randolph. While I dissent 
 from the views of the gentleman from St. 
 Louis, I do not rise to give my reasons for 
 differing with him. The agitation of this 
 question in this State has already caused more 
 trouble than the slaves are worth. In its moral 
 effects the mischief has been almost incalcula- 
 ble, and the agitation of this question affects 
 not only the slave interest in the State, but 
 every interest, every class of society, and every 
 relation of life ; and involves so many evils, that 
 it is our duty to use all our influence, here and 
 elsewhere, to prevent the agitation of that 
 question. I, therefore, for the purpose of 
 expressing my dissent, and for the purpose and 
 in a manner to avoid agitating the question, 
 move that the proposition be laid on the table. 
 
 Mr. LONG. I reside in the same county with 
 the gentleman who introduced this bill, and I 
 desire to occupy a few moments. 
 
 Mr. BIRCH. I think that perhaps 
 
 The PRESIDENT. The motion to lay on the 
 table is not debatable. 
 
 Mr. BIRCH. I ask a question of privilege 
 
83 
 
 Mr. HALL of Randolph. If I may be per- 
 mitted to withdraw the motion temporarily, 
 without yielding the floor, I will consent to 
 withdraw the motion for the benefit of Mr. 
 Long, and afterwarda for Judge Birch. 
 
 Mr. HENDERSON. I apprehend the floor 
 cannot be disposed of in that summary way 
 that no gentleman can yield the floor for the 
 benefit of any particular gentleman. 
 
 Mr. HALL of Randolph. I attach a great 
 deal of importance to my motion, and as the 
 gentleman objects to my yielding the floor to 
 any one, I will now renew the motion. 
 
 Mr. HENDERSON. Now I desire a word. I 
 have been aware for some time that this propo- 
 sition would be made in this Convention, and I 
 
 know another thing 
 
 Mr. HALL of Randolph. The motion is not 
 debatable. 
 
 Mr. HENDERSON. I appeal to the gentleman 
 to withdraw his proposition until I can make a 
 few remarks on the proposition, not for the 
 purpose of agitating the question of slavery, 
 but for the purpose of giving some facts in 
 relation to the matter, which will allay agita- 
 tion. I only ask it of him as a favor. 
 
 Mr. WILSON. (Mr. Rowland in the Chair.) 
 I desire leave to make a remark. 
 
 Mr. HALL of Randolph. It was known to 
 several individuals around me that I desired to 
 get the floor for the purpose of making this 
 motion. The gentleman from St. Louis (Mr. 
 Long) and the gentleman from Clinton (Mr. 
 Birch) applied to me, when I got the floor, to 
 yield it to them, for the purpose of allowing 
 them to make some personal explanations. I 
 told them I would, but as a matter of course I 
 had no right to do so if any gentleman objected. 
 The gentleman from Pike (Mr. Henderson) 
 insisted that I had no right to withdraw it. 
 
 Mr. HENDERSON. Not at all. I did not say 
 you had no right to withdraw it, but that you 
 had no right to withdraw it in favor of any one 
 member. 
 
 Mr. HALL of Randolph. I had no right at 
 all. I was not inclined to yield it to either of 
 these gentlemen, but they applied to me to 
 allow them to be heard, and I promised them 
 I would, and I felt that in good faith I was 
 bound to do so. My own feeling is, that nobody 
 should be heard upon this subject j and, inas- 
 much as gentlemen around me insist that I shal 
 not yield the floor unless I yield finally, I now 
 insist on my motion. 
 
 Mr. LONG. These Congressmen have had 
 their say in this Convention, and I think their 
 
 constituents should have something to say 
 also. But if I am to be gagged and put down 
 all right. 
 
 Mr. McFERRAN. I rise to a point of order. 
 This discussion is all out of order. 
 The PRESIDENT. That is true, sir. 
 Mr. HENDERSON. So far as the remarks of 
 the gentleman from St. Louis ( Mr. Long) were 
 concerned, I suppose they were intended for 
 me. I have addressed this Convention but once 
 yesterday morning. I shall leave to-morrow, 
 and shall not trouble the Convention hereafter. 
 I am satisfied that I have not attempted to 
 trouble the Convention with remarks not 
 legitimate and proper, at any time ; but if the 
 gentleman insists upon his motion to lay on the 
 table, he can do so$ but I can tell him one 
 thing, that I do not think he subserves the true 
 interests of the 'Union party in making that 
 proposition. I think that in all candor I can 
 present reasons 
 
 Mr. MCFERRAN. I do not see the right of 
 he gentleman to make this speech. 
 The PRESIDENT. This is all out of order. 
 
 The Chair, however, would state 
 
 Mr. HALL of Randolph. I must insist upon 
 my point of order, that this question is not 
 debatable. 
 
 The PRESIDENT. That is true, but I make 
 this suggestion to the Convention as its Pres- 
 ident. My position is well known by every 
 gentleman, but I see that this ordinance refers 
 to a resolution which passed the Congress of 
 the United States, and upon which my col- 
 league and myself voted in the Senate, and 
 also my colleague (Mr. Hall of Randolph) in 
 the lower House. We return to Washington 
 to-morrow, and I would be very glad if my 
 colleague (Mr. Henderson) could be heard; 
 and it might bo possible that I would add a 
 few words myself, if I had the opportunity. 
 
 Mr. BRECKINRIDGE. May I say one word 
 with the permission of the entire House ? 
 VOICES. Object. 
 
 The PRESIDENT. The rule must be strictly 
 enforced. 
 
 Mr. BBECKINRIDGE. I wish to say it in the 
 interest of the gentleman from Randolph. 
 
 Mr. HALL of Randolph. There is no gen- 
 tleman in this House whom I would sooner 
 accommodate than the gentleman from St. 
 Louis. His courtesy is always uniform ; but 
 I am determined now to yield to no one, and I 
 ask, and insist, that the Chair shall put this 
 question. 
 The PRESIDENT. The rule shall be enforced. 
 
84 
 
 The question is on laying the main subject on 
 the table. 
 
 Mr. BRECKINRIDGE. The House will see 
 that they are to be denied the right to discuss 
 this question, and I hope gentlemen will refuse 
 
 to lay the subject 
 
 The PRESIDENT. The gentleman must not 
 go into a discussion. 
 
 Mr. HALL of Randolph. I do not think the 
 gentleman from St. Louis (Mr. Breckinridge) 
 would do me a wilful injustice, but he is doing 
 me injustice. 
 
 Mr. BRECKINRIDGE. I certainly intended 
 nothing of the kind. 
 
 Mr. HALL of Randolph. I engaged to yield 
 the floor to several gentlemen, and the gentle- 
 man from Pike (Mr. Henderson) objected to 
 my yielding. 
 
 Mr. ORR. Order. 
 
 Mr. HALL of Randolph. It was then im- 
 possible for me to yield it to those gentlemen 
 to whom I had agreed to yield it j and I had 
 gentlemen all around me insisting that if I 
 yielded the floor at all I must yield it entirely. 
 Mr. STEWART. The regular order of busi- 
 ness is the report from the Standing Committee 
 on Military Affairs. [Laughter.] 
 
 Mr. COMINGO. I ask that the bill be read. 
 The Secretary then read the bill, and the 
 ayes and noes were ordered. The vote taken 
 and resulted ayes 52, noes 19 as follows : 
 
 Ayes Messrs. Allen, Bass, Bast, Birch, 
 Bogy, Brown, Cayce, Collier, Comingo, Don- 
 iphan, Douglass, Drake, Dunn, Frazer, Flood, 
 Gravelly, Hall of Buchanan, Hall of Randolph, 
 Hendricks, Howell, Hudgens, Irwin, Jamison, 
 Johnson, Kidd, Long, Marmaduke, Mateson, 
 McCormack, McDowell, McFerran, Moss, 
 Orr, Phillips, Pipkin, Rankin, Ray, Ross, 
 Rowland, Shackelford of St. Louis, Shanklin, 
 Sheeley, Smith of Linn, Waller, Welch, Wood- 
 son, Woolfolk, Van Buskirk, Zimmerman, Mr. 
 President 62. 
 
 Noes Messrs. Breckinridge, Broadhead, 
 Bridge, Busch, Eitzen, Henderson, Hitchcock, 
 Holmes, How, Isbell, Jackson, Leeper, Linton, 
 McClurg, Meyer, Pomeroy, Scott, Smith of 
 St. Louis, Stewart 19. 
 
 So the motion to lay the bill on the table was 
 agreed to. 
 
 Mr. HENDRICKS. (When his name was 
 called.) For my own part, I desire to say thai 
 I think it would be profitable to hear this sub- 
 ject discussed, but in obedience to the will oj 
 my constituents I vote aye. 
 
 Mr. LONG. (When his name was called.) 
 
 The vote which we are about to give is one of 
 considerable importance, and I do not feel dis- 
 posed to vote unless I can give my reasons. 
 
 The PRESIDENT. The rule is that no gen- 
 tleman has the right, strictly, to explain his 
 vote; but it is not generally observed, and I 
 have heretofore allowed gentlemen to explain 
 :heir votes. 
 
 Mr. LONG. May I be permitted to explain 
 the reasons for my vote ? 
 
 The PRESIDENT. Yes; but in doing so you 
 will not be permitted to discuss the merits of 
 the question. 
 
 Mr. LONG. The proposition I make to the 
 Convention is that I will give my reasons, and 
 if you don't like them you can vote them out. 
 
 Mr. HALL of Randolph. I object. 
 
 The PRESIDENT. I will submit this matter 
 to a vote of the Convention. 
 
 Mr. LONG. I want you to understand who 
 makes the objection. One of our Congressmen. 
 
 The vote was taken, and the President in- 
 formed Mr. Long that he could proceed. 
 
 Mr. LONG. Mr. President, I ask the in- 
 dulgence of the Convention for a few remarks. 
 Though this is the fourth of our sessions, I 
 have taken no part in discussing the various 
 subjects introduced. My views were so fully 
 reflected by the speeches of members who had 
 the ability to command attention, that, with no 
 desire to thrust myself before the public, I 
 have been a silent and attentive listener. But, 
 sir, this ordinance strikes me as one so im- 
 portant, that, differing in a great measure from 
 those who have spoken, I feel it a duty I owe 
 to my constituents, as well as to myself, that 
 in opposing its passage I should place upon 
 record the reasons for my opposition to it. 
 
 To my mind, sir, it is not the question now 
 whether emancipation has become a political 
 necessity, nor even whether it be one which 
 the interests of our noble State should encour- 
 age. 
 
 I will, sir, for the sake of argument, to the 
 gentleman who introduced the measure, con- 
 cede that he is right ; that at another time, and 
 under different circumstances, it would be a 
 proper and most excellent measure ; I say I 
 will concede all this for argument's sake, but 
 not, sir, that I really take his view of the sub- 
 ject. 
 
 All history teaches us that measures of this 
 kind, so suddenly taken up and carried out, 
 upon such a gigantic scale, must end in ruin. 
 The intestine commotions of Mexico, and the 
 other South American Republics, are lessons 
 
85 
 
 for us to read carefully, for they speak but 
 too sadly and too truthfully of the effect of 
 admitting to citizenship numerous hordes of an 
 inferior and uneducated class ; in all of those 
 Republics, political reasons are but the pretexts 
 which hide from view the real cause a war of 
 castes. 
 
 Again, the late lovely plantations of Jamaica, 
 St. Domingo, and Martinique, in their aspect 
 of ruin, when compared with those of Cuba j 
 their liberated negroes, starving in the midst of 
 abundance, when compared with the condition 
 of the same class in Cuba, painfully teaches 
 us that by a mere edict of law we cannot make 
 thrifty and industrious citizens of the freed 
 slaves. 
 
 Intending to be brief, I shall not discuss the 
 causes why these facts occur; they are facts, 
 and facts that cannot be controverted. 
 
 Then, sir, if slavery is to have no existence 
 among us, I can see no reason why those slaves 
 when freed should not be admitted to all the 
 rights of citizenship j there may be constitu- 
 tional objections in force to prevent it, but 
 those objections can as well be removed by us 
 as those which stand in the way of their free- 
 dom ; there can be no objection urged for their 
 emancipation, which may not as successfully 
 be invoked for their citizenship. So large and 
 so numerous a class in our midst should cer- 
 tainly not be treated as a hostile class if, in 
 the humanitarian sense, we must regard them 
 as brothers, and whom it is wrong to hold in 
 bondage, let us not stop half-way in our gen- 
 erous course, but carry out our views to their 
 legitimate consequences. If it be wrong to 
 hold these men in bondage, it is wrong to hold 
 them politically in a condition of serfdom and 
 such they are from the mere fact that they are 
 blacks while we uphold their ability to main- 
 tain themselves. 
 
 Mr. BROADHEAD. I call the gentleman to 
 order. The gentleman is discussing a distinct 
 proposition, having no connection with the 
 proposition introduced by my colleague. 
 
 Mr. LONG. I think the gentleman is mis- 
 taken. 
 
 The PRESIDENT. The Convention has taken 
 from my hands the power of deciding the ques- 
 tion. 
 
 Mr. CALHOUN. Let the gentleman go on 
 and make his remarks. The Convention has 
 given leave. 
 
 Mr. HALL of Randolph. He has, according 
 to the rules, only the right to make a personal 
 explanation of his reasons for his vote, and not 
 
 to enter into the merits of the question. If we 
 open this discussion, we cannot in reason or 
 justice refuse this same right to any other indi- 
 vidual, and the whole object of the motion to 
 lay on the table will be defeated. My object 
 in making the motion to lay on the table was 
 to prevent discussion of this sort, and I now 
 urge the point of order presented by the gen- 
 tleman from St. Louis. 
 
 The PRESIDENT. The Convention having 
 
 taken the matter out of the jurisdiction of the 
 
 ! Chair, I will again submit the question to the 
 
 Convention, whether the gentleman shall have 
 
 leave to proceed. 
 
 The question was put and negatived. 
 Mr. HENDERSON. I now move that the gen- 
 tleman have leave to publish his speech in the 
 proceedings of the Convention. 
 The motion was agreed to. 
 Mr. SMITH. (When his name was called.) 
 In explanation of my vote, I wish to say this, 
 that a proposition of the importance of the one 
 now submitted should not be treated in this 
 way. I therefore vote no. 
 
 Mr. STEWART. Can I read my report as 
 Chairman of the Committee on Military Af- 
 fairs 1 (Laughter.) 
 
 The remainder of Mr. Long's speech is as 
 follows : 
 
 Mr. LONG. We cling to the right of self- 
 government; the Abolitionist, it is true, will 
 assert that in this view there is inconsistency ; 
 because, while our laws tolerate individual 
 emancipation, still they don't give them citi- 
 zenship; but, then, while slavery exists, the 
 I black is a member of a caste, and as such can- 
 i not rise beyond a privileged condition of serf- 
 dom, or, if you please, a limited right of citi- 
 zenship. 
 
 We slaveholders recognize a distinction be- 
 tween the black and the white man, but the 
 Abolitionists do not; when, therefore, the black 
 is emancipated, he still retains his caste, though 
 he has enlarged his privileges ; but in the free 
 I States, he is a citizen to vote, but not to hold 
 office ; he is in law the equal of the white man, 
 ! and yet, though no caste as such, he is not the 
 | equal of his whije fellow-citizen, although in 
 I those States the reason of the distinction made 
 j in slave States has no force. 
 
 But, sir, I have wandered from the line of 
 argument I had prescribed to myself; I said 
 ; in the outset that I would, for the purposes of 
 this discussion, concede the intrinsic policy of 
 the measure ; but in the times and circum- 
 stances under which we live, the mournful 
 
86 
 
 consequences of our neglect of the sage exam- 
 ples embodied in Washington's farewell ad- 
 dress, we have most excellent reasons not to 
 pursue this measure. 
 
 When this war commenced I boldly took 
 my position as an unconditional Union man ; to 
 that position I, to-day, most tenaciously ad- 
 here ; I am not a Unionist on the condition of 
 the terms dictated by the South " the exten- 
 sion of slave territory, re-opening of the slave 
 trade, and the right of secession ; " nor, on the 
 other hand, like those Northern Abolitionists, 
 who believe the Constitution to be a " league 
 with Hell," and who will sustain the Union and 
 the Constitution only upon the condition that 
 slavery shall be blotted out in our country. I 
 am for the Constitution as our forefathers 
 framed it, without a t crossed or an i dotted 
 just as they framed it for us to it I uncondi- 
 tionally pledge my fealty ; though, in the 
 course of human events, that under its benign 
 influence all the States may become free or all 
 become slave, still I will cling to it and the 
 glorious old Union, its synonym. 
 
 Washington, in his farewell address, told us: 
 " It is of infinite moment that you should pro- 
 perly estimate the immense value of your 
 national Union ; you should cherish a cordial 
 attachment to it; accustoming yourselves to 
 think and speak of it as the palladium of your 
 political safety and prosperity ; watching for 
 its preservation with jealous anxiety ; discoun- 
 tenancing whatever may suggest even a sus- 
 picion that it can, in any event, be abandoned, 
 and indignantly frowning upon the first dawn- 
 ing of any attempt to alienate any portion of 
 our country from the rest, or to enfeeble the 
 sacred ties which now link together the various 
 parts." 
 
 Sir, who can turn to our political history of 
 the past few years, and not see how by the fury 
 and fanaticism of the Northern Abolitionists 
 the South the impulsive South has been 
 lashed into frenzy, under the influence of art- 
 ful Southern leaders, and her designing poli- 
 tical demagogues. The attempt to alienate, to 
 enfeeble the sacred ties which bind together 
 the various parts, I honestly believe had its 
 origin in the Northern pulpits ; the people be- 
 came converts to the fanatical doctrines their 
 representatives in Congress were of the same 
 stamp, and soon the result became apparent ; 
 the Websters, the Clays, the Bentons, the 
 Crittendens those lingering relics of a race of 
 mental giants, who had for nearly half a cen- 
 tury upheld the noble fabric of our good 
 
 Government saw themselves supplanted in 
 the popular mind by the Davises, the Floyds, 
 the Lovejoys, the Sumners the political pig- 
 mies, who, to rule would ruin. 
 
 For several years we have had, I like to have 
 said, two nations on the floors of Congress 
 the North and South and dull was the vision 
 of him who could not see it must soon culmi- 
 nate in an attempt at separation and bloodshed. 
 That fearful hour came, and when it did come 
 I was an unconditional Unionist ; but as some 
 would have it, (who never possessed an idea 
 beyond the set and hackneyed phrases of their 
 secession vocabulary,) a "submission 1st,'' "co- 
 ercionist," "abolitionist." I saw that the 
 South had been irritated, it is true ; but I saw 
 no justification for secession ; still less do I now 
 see any good to result from their wild specula- 
 tions of a separation. 
 
 If the ties of common brotherhood, if the 
 flag of a common nationality, could not bind us 
 together and protect the South, how much more 
 forlorn her position, when the embittered feud 
 of a civil war should have rent them, and the 
 Abolitionists, without a constitutional restraint, 
 were knocking at the very doors of the slave 
 States! In that hour I felt more than ever the im- 
 portance of the Union: and when war broke out, 
 my cry was then, as it is now the maintenance of 
 the Government its preservation at all hazards 
 it must be asserted by force. But that was to be a 
 constitutional war not a NIGGER WAR. And 
 though, in its short existence, the Constitution 
 may have been violated, as charged, I give to 
 the President an honest intention, that, with no 
 love of absolute power, no desire of self-aggran- 
 dizement, and no wish to build a throne upon 
 the liberties of his country, the infractions of 
 the Constitution in his heart he has regretted as 
 much as any patriot in the land, and has ac- 
 ceded to them only in the belief that for nations 
 as for individuals, "necessity knoivs no law," 
 or, to quote the motto of our own State, " the 
 safety of the people is the supreme law." I be- 
 lieve he was guided by an honest heart. 
 
 I did not vote for President Lincoln; but 
 when I know that he was constitutionally 
 elected, and that he administers the affairs of 
 the Government with an eye singly to her 
 safety and prosperity, I believe all good and 
 law-abiding citizens of the United States should 
 aid and support him. Now, sir, taking these 
 views of the subject, what can be more inop- 
 portune, or more ill-advised, than the agitation 
 of the subject of this ordinance ? Why stir up 
 the old feud of dissatisfaction and discontent ? 
 
87 
 
 How many thousands in the South there are 
 who have taken up arms simply in the belief 
 that they could no longer safely remain under 
 the protecting shield of our Government ? How 
 many have been spurred on to arm themselves 
 against us by the argument that the prepon- 
 derance of free States would soon enable them 
 to change the Constitution so as to permit 
 Congressional interference with slavery in the 
 States. And I submit if the passage of this or- 
 dinance does not add fuel to the fire ; for, if all 
 the border States are to be made free, the re- 
 quired numerical constitutional majority would 
 at once be secured ; what interest, then, has the 
 South to return ? What value would her plan- 
 tations possess if left to the thrift and industry 
 of freed negroes ? If the North and by the 
 North I mean the abolition portion of the coun- 
 try be so hostile in her regard that it chafes 
 under every constitutional restraint in its 
 eagerness to ruin the South, what would be 
 the measure of misery if the North were com- 
 plete masters of the re-construction ? 
 
 These questions, sir, are earnestly asked for 
 myself and those like me, who, even at this late 
 day, hope for the restoration of the Union. 
 
 When I look out upon the terrible condition 
 of our unhappy country, and see a million of 
 brothers arrayed in arms, and think of the 
 numbers that have already been slain, the 
 thousands of wounded, languishing and dying, 
 their mothers, widows and orphans left a prey 
 to sorrow and want, my heart would fail me, 
 but for the confidence that God, who has so 
 signally protected our destinies, holds even 
 nations in the palm of his hand. But I would 
 do naught to aggravate the difficulties of the 
 hour. I am in favor of prosecuting the war 
 vigorously, until the enemies of their country 
 shall lay down their arms, until the last rebel 
 is driven to the wall. Not that it be waged in 
 a spirit of subjugation, but for constitutional 
 purposes the restoration of the Union as it 
 was before the breaking out of the most gigan- 
 tic rebellion of ancient and modern times. I 
 am the reverse of that Senator, who, but a fort- 
 night ago, indignant at the President's change 
 in Gen. Hunter's pronunciamento, would with- 
 hold supplies until he could know the purposes 
 of the war; he appreciated it as a "negro 
 war ; " he would wage it with only one pur- 
 pose the extinction of slavery, 
 
 Sir, the patriotism of such men is of but 
 little value ; their acts need only be mentioned 
 to be despised ; he is one of the same class who 
 swore to support the Constitution of the United 
 
 States, and then declared in his place in Con- 
 gress that "it was a league with Hell." But, 
 sir, I think it would be more creditable in us 
 to more bountifully feed our toiling soldiers, 
 give all possible relief to the wounded, contri- 
 bute to the mourning widow and her helpless 
 orphans, than to follow in the wake of Aboli- 
 tion members of Congress, spending our time 
 and the people's money upon the everlasting 
 and damnable negro question. I have no allusion 
 to Missouri Senators or Representatives. It 
 was a wily act of the Abolitionists before the 
 election to consent to the separation of the 
 South to oppose coercion, and war even, for 
 the reintegration of the Union ; that the South 
 might take the terrible leap, in the belief that 
 it would do so unmolested. They hoped that 
 in the civil war to follow would come the long- 
 desired opportunity of achieving the ruin of 
 the South. They raised men and means for 
 the prosecution of the war, and while I rallied 
 to the call of the President, I was not misled 
 as to the motives of the Abolitionists. Thus 
 far they have been foiled ; the President has 
 firmly met them first, by the resolution 1 of aid 
 to the State it was but a tub to the whale, for 
 it wrung from them the admission of the con- 
 stitutional rights of the slave over the subject. 
 If, then, this war be one for the Constitution 
 and the Union, should not party politics be set 
 aside and every test excluded other than that 
 of loyalty ? 
 
 What need is there of haste in this matter of 
 emancipation ? What reason exists that at 
 this particular moment the measure must be 
 thrust forward to divide and distract the friends 
 of the Union ? Why at this solemn moment 
 of the nation's crisis are party measures to be 
 invoked to weaken, perhaps to destroy ? Let 
 us but open the door to this piece of mischief, 
 and others of a more ruinous character will slip 
 in before you can shut it. 
 
 The Abolitionists in Congress remind me of 
 the heartless, soulless contractor who was im- 
 mortalized only by the eloquence of Patrick 
 Henry, whose cry was Beef ! Beef ! ! Beef ! ! ! 
 when his country was most cruelly exercised j 
 and so those Congress fanatics of one idea, in 
 the darkest hour of our country's distress, think 
 politics of more value than patriotism ; and for 
 the opportunity of fomenting fanaticism would 
 forever blight the fairest land beneath the sun- 
 Our fields are lying waste for laborers homes of 
 plenty and peace are households of mourning : 
 
 " Where peace and smiling plenty reigned, 
 Bleak wastes and dreary ruins now axe seen." 
 
88 
 
 And at this moment, as if to drive our peo- 
 ple to the frenzy of desperation, my friend 
 here proposes this measure. 
 
 Are our loyal people to be robbed of their 
 slaves ? or are they to be paid for them ? If 
 paid by Congress in the munificence of the late 
 act concerning the District of Columbia, we 
 can see what awaits us ; if by the State, in our 
 desolate homesteads and shattered public cre- 
 dit, we can count the pay / in either case, don't 
 let us enhance our misery by an inundation of 
 lazy and worthless free negroes, who would 
 only eat out our substance. 
 
 Sir, I am a slaveholder myself, and will give 
 my few darkies up to-morrow, without a penny, 
 if my neighbors will do so too; and provided you 
 shall have a home for them outside of Missouri ; 
 but what provision have the friends of this 
 measure made for the emancipated negroes ? 
 We should never catch up our hogs to fatten 
 until the pen is made to receive them. Is it 
 claimed that Missouri negroes will be better off 
 free than as slaves ? Well, where will they go ? 
 Not to Illinois, Indiana, Ohio, or the north- 
 eastern States, for they have laws prohibiting 
 their introduction there. The slaves, whilst 
 running away from their masters, may be con- 
 cealed for a time, or assisted in their flight to 
 happy Canada; but if manumitted orfreed"hy any 
 process of law, they must go somewhere else. 
 
 But, sir, the fact of my owning a few slaves, 
 and that my individual rights are about to be 
 infringed, does not rule my actions here. I am 
 not legislating for myself, but for those who 
 sent me ; and their rights, under my oath, I 
 hold sacred. 
 
 Sir, these remarks may win for me the title 
 of a secessionist ( I hope not I would as soon 
 be called an abolitionist) from some of those 
 who so flippantly appreciate true patriotism ; 
 they prefer party to their country. Such men 
 may attack me, and may blame me that I have 
 had no words of censure for the rebels, nor 
 praise for the noble heroes whose courage on 
 the battle-field protects our flag. 
 
 Sir, it is no time for buncombe speeches our 
 soldiers will take care of the enemies in the 
 field ; let us attend to those nearer home ; and 
 when we watch these we render to our brave 
 soldiers a pre-eminent service, for they have 
 not enlisted in this war to peril life for the negro, 
 but for the Constitution; and we lighten their 
 work, simplify the difficulties in their path at 
 the same time encourage them by the thought 
 that their country is as true to them as they 
 have been true to it. 
 
 If gradual emancipation be intended, then 
 there is no hurry, not even the shadow of an 
 excuse for its agitation now. Wait till the 
 hoped-for day of peace returns ; wait till the 
 glorious sun of liberty, breaking through the 
 dark clouds which now veil from us the glori- 
 ous future, shall shed new lustre on every star 
 of our constellation, and we are regenerated by 
 the trial ; wait till we resume our place in the 
 family of nations as the model Republic; yes, 
 sir, wait till the gloomy clouds now hovering 
 over the South open, and the angel of liberty 
 descends, drops upon a McClellan's or a Hal- 
 leek's brow the wreath of final victory, and 
 stamps again on American Freedom " the seal 
 of Omnipotence." 
 
 Mr. HALL of Randolph. I move to recon- 
 sider the motion to lay on the table, and move 
 to lay that motion on the table. 
 
 The motion was agreed to. 
 
 MILITARY REPORT. 
 
 Mr. STEWART. I desire to present a report 
 from the Military Committee. 
 
 Mr. HALL of Randolph. I object, as it is 
 not a report of the Military Committee. That 
 committee has not been consulted. 
 
 Mr. STEWART. I say it is. I make the re- 
 port as chairman of the Committee on Military 
 Affairs. You can make your report at Wash- 
 ington. 
 
 The Secretary then read the report, as fol- 
 lows : 
 
 " In all governmental affairs, wherein our na- 
 tionality is involved, the State Government is 
 subordinate to the Government of the United 
 States. Therefore the exercise of all govern- 
 mental functions, whether civil or military, 
 must be exercised with reference to the Su- 
 preme authority of the Federal Government. 
 
 " Be we citizens of whatever State we may, 
 we are known to other nations only as citizens 
 of the United States of America. The native 
 of another country transfers his allegiance to 
 the Government of the United States, although, 
 in a subordinate sense, he must also be a 
 citizen of some State, and in his future life he 
 looks to the national and not to a State flag 
 for protection. Divested of a national govern- 
 ment our condition would be that of political 
 orphans, without nationality or national pro- 
 tection. The people of a State in seeking to 
 cast off their allegiance to the Federal Govern- 
 ment, attempt to sever their most important 
 and paramount governmental relation, and they 
 are thereby guilty of the highest political of- 
 
89 
 
 fence known to the civilized world. For this 
 crime the loyal citizens of this State, in the ex- 
 ercise of their original sovereignty, within 
 State jurisdiction, deprived of their offices men 
 whom they had previously elected to places of 
 trust. And only while this body of delegates 
 continued to exhibit in their official capacity a 
 spirit of loyalty will the people tolerate their 
 official acts, or if they have not the physical 
 power to enforce obedience to Federal author- 
 ity, such obedience will be enforced by the 
 Government of the United States- 
 
 " The present civil strife in Missouri is an 
 incident only in a grand scheme of rebel- 
 lion against the authority of the United States, 
 whose duty it is, with the help of the loyal citi- 
 zens of this State, to suppress it everywhere. 
 The State of Missouri is not in a condition, 
 financially, to sustain a military force, and a 
 distinctive military organization for service in 
 subduing the rebellion can be desirable only 
 because our citizens would prefer to serve in 
 the protection of their own homes their sup- 
 port by the Federal Government being both a 
 necessity and its duty. It is believed that any 
 additional force, organized under the law or- 
 dained by this body, is unnecessary and unde- 
 sirable ; that if any further .enlistments are re- 
 quired of this State, except to keeep the ranks 
 of regiments already organized full, they ought 
 to be made in conformity -with the laws of Con- 
 gress ; that the people of Missouri ought, with 
 alacrity, to cast their lot and make a com- 
 mon cause with all who are laboring to sus- 
 tain the authority of the Federal Government, 
 relying upon that Government, in common 
 with others, for defence and protection. 
 
 " It is believed further, that all other interests 
 should yield to the one grand desideratum of 
 re-establishing the authority and enforcing the 
 laws of the United States throughout its entire 
 rightful domain ; that the special interests for 
 the better security of which the rebellion was 
 professedly inaugurated, cannot be more seri- 
 ously damaged by measures necessary for its 
 suppression than it has been by its direct influ- 
 ence, and should take its chances with others. 
 That having become under the operations of 
 the rebellion a minor and comparatively insig- 
 nificant interest in our State, its extinction 
 should be cheerfully acquiesced in, if that be 
 the readiest way of restoring order and quiet. 
 The whole people should not long submit to 
 all the perils of civil war to gratify a few, espe 
 daily when that few are themselves being injur- 
 ed and even ruined by their own wicked policy. 
 
 " In view of all the facts, it is believed that 
 no change of military laws of this State is 
 needed; that the power of the Federal Govern- 
 ment is adequate to the task if there be neces- 
 sity for additional military forces to quiet the 
 civil discord in our midst, and should be re- 
 lied on; that the Convention need only to 
 make provision for the maintenance of the civil 
 government, with due regard to the paramount 
 allegiance which every citizen owes to the gov- 
 ernment, and a proper representation in the 
 Congress of the United States, and that laws 
 enacted for this purpose should exclude from 
 the ballot-box and all official positions all of 
 whose enmity to the Federal Government there 
 is sufficient proof; that this is the only work 
 which the public exigencies demand of this 
 body. All men, native-born or naturalized, 
 have equal rights. 
 
 K. M. SHE WART, Chairman." 
 
 Mr. McFERRAN. I move to refer that report 
 to the Military Committee. 
 The motion was agreed to. 
 
 A QUESTION OF PRIVILEGE. 
 
 Mr. BIRCH. If there is nothing before the 
 committee of a legislative nature, I wish to ask 
 the privilege of the committee to make a few 
 remarks. 
 
 Mr. HALL of Randolph. I suggest to the 
 gentleman that the President, the gentleman 
 from Pike, (Mr Henderson,) and myself, expect 
 to leave to-morrow. There are several special 
 orders now pending, and we would like very 
 much to dispose of such business as can be 
 disposed of to-day. If it would suit the gen- 
 tleman as well to postpone his question of priv- 
 ilege for a time it would be very acceptable. 
 I do not object, however. 
 
 Mr. BIRCH. I will simply state that I have 
 prepared my manuscript, and the reading of it 
 will not occupy more than fifteen or twenty 
 minutes. 
 
 No further objection was made. 
 
 Mr. BIRCH. I rise, Mr. President, simply to 
 a question of privilege. The notoriety of the 
 reasons which detained me from my seat in this 
 body until yesterday evening render it necessa- 
 ry, perhaps, that I should submit a few remarks, 
 in virtue of my relation and duty as a member, 
 and as constituting the only commentary which 
 I shall probably deem necessary, whether here 
 or elsewhere, in respect to my arrest and de- 
 tention during the past week. 
 
90 
 
 As I shall not abuse that privilege, and as my 
 health, withal, (my mere mental tone, perhaps, 
 seems, ) somehow strangely different to what I 
 have felt it to be in the past, my remarks will 
 be comparatively brief, but I trust to the point. 
 Having within the last week realized more of 
 what may be denominated the undiscriminating 
 blindness of ambitious or of civil war than I 
 had ever been able to bring home to myself 
 from merely reading of its incidents, I am by 
 no means certain that what I shall say in con- 
 nexion with that experience will be as interest- 
 ing to others as it has been unpleasant to my- 
 self, or that I shall be able to so present it as to 
 avoid even legitimate criticism. I but repeat, 
 therefore, that I shall at least be brief, and pray 
 indulgence accordingly. 
 
 I have not condescended elsewhere to argue 
 the question of my "loyalty," nor is it neces- 
 sary here. My association with you has been 
 at least ingenuous and unreserved your re- 
 cords and my records are public property and 
 public testimony and I have stood since I last 
 parted with you, albeit a prisoner alternatively 
 to the military authorities of antagonistic ar- 
 mies, precisely as I stood with you during 
 three sessions of our high legislative associa- 
 tion. Nothing more, and nothing less, I have ut- 
 tered nothing in my public addresses before 
 the people nothing in the presence of my cap- 
 tors on either side which has not its counter- 
 part in my utterances and my conduct here. 
 That is, of course, enough to say in respect to 
 my "loyalty," and I am simply thankful that I 
 have been strengthened to properly manifest and 
 maintain it under the circumstances to which I 
 need not more specifically advert. Whilst I have 
 felt that the respectful consideration which was 
 shown to me during the period in which I was 
 the compulsory guest of the Confederate au- 
 thorities in no respect abated my veneration 
 for " the Union as it was" so, on the other 
 hand, the similar respectful consideration which 
 has been shown me by the misguided authori- 
 ties of my own Government has in no re- 
 spect abated my devotion to "my State as 
 it is." Upon these cardinal propositions, there- 
 fore, I stand to-day as I stand upon all your 
 records. 
 
 Of the manner of my discharge, it is, per- 
 haps, sufficient to state that after having sent 
 to Ironton and elsewhere for witnesses against 
 me, and having, up to Thursday last, examin- 
 ed those who made their appearance, a messen- 
 ger brought to my hotel, that afternoon, this 
 letter : 
 
 OFFICE OF PROVOST MARSHAL GENERAL, -\ 
 DEPARTMENT OF THE MISSISSIPPI, > 
 ST. Louis, June 5, 1862. ) 
 JAMES H. BIRCH, Esq., 
 
 Everett House, St. Louis. 
 
 SIR : You are hereby discharged from your 
 parole to report at this office, feeling every as- 
 surance that if the evidence not yet heard by 
 me should seem to me to require any further 
 investigation of the cause of your arrest, and 
 make it desirable on my part to have your per- 
 sonal attendance here, a communication can 
 reach you, and that you will attend without 
 delay. I am, very respectfully, 
 
 Your obedient servant, 
 BERNARD G. FARRAR, 
 
 P. M. General. 
 
 Of course, Mr. President, no sufficient rea- 
 sons were found to exist for detaining me, so 
 that I may, without immodesty, congratulate 
 myself and my State that the great constitu- 
 tional guarantee of " FREE SPEECH" has suffer- 
 ed neither abuse nor detriment in the keeping of 
 a citizen aspiring to its first magistracy. May 
 others, therefore, be encouraged to use the in- 
 estimable privilege thus vindicated and conce- 
 ded, until the people of every county shall be 
 organized, in the coming canvass, in opposi- 
 tion to those alone who have forced upon the 
 country a new and exasperating issue, and who 
 affect to regard every man as disloyal whose 
 purposes cannot be moulded to suit their pur- 
 poses ! Who are these people, Mr. President ? 
 I cannot better answer my own question than 
 by calling the attention of the Convention 
 and of the country to the estimate of "loyalty" 
 and "dfeloyalty," as put forth in writing by 
 the commandant of the post who placed me 
 " under military arrest," and in obedience to 
 whose order I have been reporting myself with 
 respectful yet sorrowing indignation, upon the 
 daily requisition of the Marshal, until at length 
 discharged, as already denoted. (It will be 
 noted that that discharge is unconditional all 
 else depending upon a reciprocal comity, of 
 which the Marshal was not mistaken in assum- 
 ing I entertain the proper appreciation. It is, 
 moreover, but just to that officer and to myself 
 to add that no suggestion even has been made to 
 me in respect either to the manner or the mat- 
 ter of what I may have to say in the future, 
 whether here or elsewhere ; so that I stand to- 
 day, as I have ever stood, as free to speak my 
 thoughts as others are to speak their thoughts. 
 Had it been otherwise, Mr. President, our as- 
 sociation " from early manhood to advancing 
 
91 
 
 age" will justify me in appealing to you as at 
 once a witness and a judge, that I would have 
 foreborne to speak at all. I might, indeed, 
 upon this occasion have read from Scott, what 
 I recur to and repeat from memory perchance 
 inaccurately as regards the very words, but 
 with all the emphasis wherewith he has invest- 
 ed his "Last Minstrel" who 
 
 " Fell, but the foeman's chain 
 
 Could not bring his proud soul under. 
 The harp that he loved ne'er epoke again, 
 
 For he tore its chords asunder : 
 And said, no bonds shall sully thee, 
 
 Thou shrine of truth and bravery ; 
 Your voice was tuned for the great and free, 
 
 It shall never sound in SLAVERY." 
 
 But to recur to the inquiry, who are these 
 people ? A letter written by Col. Boyd to a 
 friend in St. Louis, and which that friend most 
 opportunely for my purposes in this inquiry 
 incorporated in a communication, recommend- 
 ing him for Lieutenant Governor, in the Dem- 
 ocrat of Wednesday last, concludes as follows : 
 
 " I am in favor of emancipating the slaves of 
 this State without a condition precedent, as it 
 will take too long to make any arrangements 
 for the disposition to be made. The position 
 of master and slave will not be so altered as to 
 become obnoxious and oppressive. 
 
 " I am in favor of the shortest road to eman- 
 cipation, and the squelching out of the rebel- 
 lion. 
 
 " I am in favor of emancipation in this State 
 as a military necessity, and as the only perfect 
 peace measure. 
 
 " I am opposed to the continuance of slavery 
 in this State, because nobody but rebels favor 
 it, and because it is dangerous and destructive 
 to the best interest of every Missourian. 
 
 " I have been very busy this morning, and 
 will write you more at length some other time. 
 " I am, &c., S. H. BOYD." 
 
 In the estimation of this "busy" writer, Mr. 
 President, I am, of course, disloyal, and so, 
 doubtless, in the estimation of those at other 
 places where I have spoken, and who, thereup- 
 on, it would seem, addressed letters to him 
 that I was " bidding for secession votes" pre- 
 paring, thereby, the materials and the induce- 
 ments for my arrest at Holla. I am in favor of 
 " the continuance of slavery in this State," as 
 I have ever been ; but I protest, Mr. President, 
 that so far from ever dreaming that in an argu- 
 ment to that point I was " giving aid to the en- 
 emy," I was simply endeavoring to persuade 
 " the enemy" to aid me. Whether for that I 
 
 am to be regarded as liable, in the future, to 
 military arrest, it shall not, at least, go into his- 
 tory against me that I not only bid for Abolition 
 votes of the most radical character, but that I 
 did so, as the man who arrested me has done, 
 in the most unscrupulous and brazen disregard 
 of the constitutional guaranties of the consti- 
 tutions which I have so often sworn to support. 
 Being in favor of " the continuance of slavery 
 in this State," this military popinjay not only 
 writes me down a "rebel," but actually arrests 
 me for disloyalty; whilst cotemporaneously 
 with an outrage which has aroused the whole 
 people to the inquiry, " Whither are we drift- 
 ing ?" men of the same class put him forward 
 to preside over the Senate of Missouri as the 
 second man in the State ! Mr. President, I 
 will not dignify such a letter with further crit- 
 icism than to express the charitable conclusion 
 that its author has always been too "busy" 
 with mere political intrigues to extend his polit- 
 ical reading to such dry authority as that of 
 the Constitution of his State, or the United 
 States ; for surely had he done so, even he would 
 not have stultified himself by such a bid for po- 
 litical advancement. (A friend sitting near me 
 suggests that he belongs to the party with " an 
 anti-slavery constitution, an anti-slavery bible, 
 and an anti-slavery God.") Be it so. I only 
 care to state, however, that he proposes that 
 constitutions shall stand no more in the way of 
 his purposes to abolitionize the State, than truth 
 and honor stood in his way when ordering me 
 into the custody of his Marshal. I shall, of 
 course, endeavor, as far as possible, to keep out 
 of his way during the rest of my canvass, and 
 trust that before he fully "ripens" for Lieut. 
 Governor, he will at least have discerned the 
 difference between the dignity of an intelligent 
 and self-respecting soldier, and the flippant up- 
 startery which but too often disgraces a soldier's 
 sword. And I advise the fifty-two members of 
 this Convention, who have just voted against 
 even constitutional "emancipation" to keep sim- 
 ilarly out of the way of his Lieutenant Gover- 
 norship, for he will be furious when he sees that 
 vote. 
 
 I ought not, perhaps, to omit in this connex- 
 ion, the excuses of his St. Louis organ, for even 
 the Democrat seems to have considered it ne- 
 cessary to work up some kind of an excuse for 
 its "nominee," whilst at the same time adroitly 
 essaying to prejudice me. What it says about 
 the weakness of the garrison at Holla, and of 
 the woods being full of guerrillas, may or may 
 not be true, without touching in any sense the 
 
unsoldierly indignity to which he was pleased 
 to subject a civil and an unarmed civilian. If 
 the post was too weak for the "guerrillas," and 
 it was not his own fault, it was at least not mine, 
 for they received from me no other recognition 
 than the energy and emphasis of an explicit 
 and an exterminating denunciation. Yet the 
 paragraph is so worded as to incline many to 
 believe that the alleged guerrillas and myself 
 were working in concert. And, in consequence 
 of the fulminations of this paper and its corres- 
 pondents, there are men, even in the Missouri 
 regiment, who are said to be becoming my en- 
 emies, instead of continuing to be my friends, 
 as I have ever been theirs. Enough of this, 
 however, until " by and by." 
 
 "What was said in the Republican the morning 
 after my arrest, in respect to the allusion in my 
 speech to the expenses of the war, was, if I 
 correctly remember, substantially true in fact. 
 But in that case, also, the informant of the pa- 
 per was misinfortned himself, or purposely left 
 out the great governing fact that I brought for- 
 ward the present and prospective expenses of 
 the war (not in this State, but its aggregate ex- 
 penses) as an argument, merely, against the 
 President's scheme of compensated emancipa- 
 tion. It all centres, therefore, in my opposition 
 to this ill-timed, however well intended, propo- 
 sition ; and upon it I will make but a few addi- 
 tional and closing remarks, rendered the more 
 pertinent by the introduction of the ordinance 
 to which we have just listened, and which has 
 so appropriately been "pinned to the table." 
 
 Whilst under arrest in St. Louis, some friend 
 who was sagacious enough to see through the 
 whole thing at a glance, enclosed me, through 
 the city post office, a couple of letters, written 
 from Washington, by Colonel Benton, after the 
 illustrious old Senator had discovered that the 
 Abolitionists who are now trying to make po- 
 litical merchandise of the patriotic yearnings 
 of the people for the restoration of "the Union," 
 had made merchandise of him in the guberna- 
 torial canvass of the preceding August. Of 
 course the Colonel knew these political charla- 
 tans better than I did, or perhaps even now do ; 
 and if he called them "the same. as abolition- 
 ists," let them clear themselves of his denunci- 
 ations for they are his, not mine. I speak not, 
 of course, of the upright men who merely dif- 
 fer with me in respect to the economy or. the 
 policy of slavery, for with them, at a proper 
 time, it is known I am not only willing to ar- 
 gue it out, but to vote it out abiding the con- 
 stitutional decision of my State, as every true 
 
 man should do. I speak, therefore of the class 
 of whom the " Senator of thirty years" was 
 speaking, when he wrote home as follows : 
 " WASHINGTON, February 23, 1857. 
 
 " I saw with amazement the Abolition move in 
 our Assembly, and wrote immediately to Price, 
 Lusk, and others, at Jefferson City, to condemn 
 and repudiate it. They ought to have cut themselves 
 loose from me before they began a new slavery 
 agitation in the State, contrary to my establish- 
 ed policy. They ought to have made known 
 their intentions before the election, that I might 
 not have been DECEIVED by them. 
 
 "Many friends told me that these persons 
 would turn out for Abolition in the State as 
 soon as the election was over ; but I could not 
 believe in such a thing. To add a State slave- 
 ry agitation to the national agitation, at the very 
 moment when we were opposing the national 
 agitation, was an incredible thing. 
 
 "For the persons calling themselves my friends 
 to attack the whole policy of my life, which was 
 to keep slavery agitation out of the State, and get 
 my support in the canvass by keeping me igno- 
 rant of what they intended to do, is the GREAT- 
 EST OUTRAGE I have ever experienced. Those 
 who have done it, have never communicated 
 ONE WORD to me in justification or explanation, 
 of their conduct, for it is something they can 
 neither explain nor justify. They know that it 
 was I who introduced the clause against legisla- 
 tive emancipation into the Constitution, in order 
 to keep the slavery agitation out of the State, 
 and that my whole life has been opposed to the 
 agitation of the subject. 
 
 THOMAS H. BENTON." 
 
 In another letter to a friend, dated February 
 24, 1857, he writes as folloAvs : 
 
 " I wish you to get the St. Louis Democrat 
 change its name and character for no useful 
 paper can now ever be made out of it. I will 
 be in St. Louis in April, and assist you. The 
 paper is given up to the slavery subject, agita- 
 ting State emancipation against my established 
 and known policy. Having got the clause 
 against legislative emancipation on purpose to 
 prevent politicians from agitating the question 
 and disturbing the country with it, I wrote to 
 friends at Jefferson, condemning the movement 
 as soon as I saw it made, and I wish you 
 would republish, from my Jefferson City speech 
 of 1849, the passage in which I took credit to 
 myself for that clause in the Constitution, and 
 deprecated agitation. They ought to have told 
 me before the election what they intended to do; 
 if they had, 1 should not have supported the ticket. 
 
93 
 
 They h;ul no rii, r ht to make me, by concealing 
 that i'act, a supporter of an emancipation ticket, 
 (the same in effect as abolition,) against the 
 known policy of my life, and it will produce a 
 complete separation between us." 
 
 With such a text as this, Mr. President, I 
 could of course elaborate " a discourse" which 
 would be anything but complimentary or edi- 
 fying to those by whom I have been so malig- 
 nantly assailed; but as it would be dissonant 
 with fairness to weave a political argument 
 upon a mere question of privilege, I forbear at 
 this time the amplification to which I would be 
 otherwise so strongly tempted. It is trusted I 
 have said enough to denote and fix the grounds 
 upon which (and upon which alone) my "loyalty" 
 has been so calumniously impugned ; and that 
 it was not disloyalty to the Union, but loyalty 
 to my State as well as " the Union," which 
 caused my arrest by a political antagonist, and 
 my consequent detention from my duties here. 
 Some friends refer the whole matter to a still 
 wider preconcert than I have felt justified in 
 assuming from what I know; and as I will not 
 speak beyond the RECORD, I of course decline 
 more specific cognizance of any other parties 
 for the present. If the expectation has been 
 anywhere entertained that the treatment to 
 which I have been subjected would so far over- 
 awe the people who " constitute the State," as 
 to lower their demands in respect to the quali- 
 ties of citizenship and magistracy, and of legis- 
 lation, which should be most honored amongst 
 us in the future, its contrivers may live to re- 
 alize that their experiment was at least a failure, 
 which is all that I desire to say at present, ex- 
 cept to point to the vote of yesterday evening, 
 (the first upon which I have had the opportu- 
 nity to record my name,.) as denoting the feel- 
 ing in which I am happy to meet a majority of 
 my colleagues of this Convention. 
 
 With this brief explanation, therefore, I am 
 of course content that the conduct of my accu- 
 sers, as well as my own, shall go before the 
 country, to be judged of and passed upon by 
 the people of our State. I will hence but read, 
 in conclusion, the resolutions which I had the 
 honor to report from the minority of the Com- 
 mittee on State Relations, toward the close of 
 our first session, and which, it is deferentially 
 submitted, might most appropriately be taken 
 up and acted upon at the present session. 
 Whether this be done or not, however, the re- 
 production of these resolutions will vindicate 
 at least the consistency of my Unionism for I 
 have said no more of late in opposition to the 
 
 possibly portented military "invasion" or sub- 
 version of the " constitutional right" therein 
 referred to than is &tlea.&t distinctly foreshadow- 
 ed in the third resolution itself. I do not be- 
 lieve the contingency will ever arise. My daily 
 orisons shall continue to ascend to Heaven 
 that it never may. I implore the President 
 that he may never so far lose sight of the men- 
 dacious malignity of Abolitionism as to yield 
 himself to influences which may render my 
 resolution the practical, as no man can doubt it 
 is the theoretical, voice of my STATE ; and I 
 think he should be still further premonished by 
 this Convention that even the loyalty of Mis- 
 souri is bounded by the " constitutional rights" 
 of Missouri, of which " the possession of slave 
 property" is one, and to be dealt with by our 
 own people ALONE. The resolutions : 
 
 Resolved, That whilst denying the legal right 
 of a State to secede from the Union, (as 
 assumed in the communication which has been 
 made to this State by the Commissioner from 
 the State of Georgia,) we recognize in lieu 
 thereof the right of revolution, should sufficient 
 reason arise therefor. 
 
 2. That whilst, in common with the State of 
 Georgia, we deplore and reprobate the section- 
 al disregard of duty and fraternity so forcibly 
 presented by her Commissioner, we are, never- 
 theless, undespairing of future justice; nor 
 will we despair until our complaints shall have 
 been specifically and unavailingly submitted to 
 the Northern PEOPLE. 
 
 3. That we concur with the Commissioner of 
 the State of Georgia, that the possession of 
 slave property is a constitutional right, and as 
 such ought to continue to be recognized by the 
 Federal Government ; that, if it shall invade 
 or impair that right, the slaveholding States 
 should be found united in its defence ; and that 
 in such events as may legitimately follow, this 
 State will share the dangers and the destiny of 
 her sister slave States. 
 
 4. That, relying upon the restoration of fra- 
 ternal relations on the basis of adjustment thus 
 and otherwise denoted in the action of this 
 Convention, the President is requested to com- 
 municate to each of the seceded States a copy 
 of its resolves, and to invoke for them the same 
 earnest and respectful consideration in which 
 they are submitted, and which restrains this 
 Convention from any further criticism upon 
 the mode or manner, the motives or the suffi- 
 ciency for the action of the seceding States, 
 than to add that it has elicited our unfeigned 
 regrets. 
 
94 
 
 Thanking the Convention for the sustaining 
 courtesy and attention with which I have been 
 listened to, I will not further trespass upon i 
 than to repeat that I stand upon my record ir 
 the past, as denoting my well considered pur 
 poses for the future. A Union man from the 
 beginning, whilst I shall continue so to the end 
 I shall, nevertheless, too well remember the 
 maxims of my political fathers to ever regard 
 my State as " a dependency," as the monoma 
 niac itinerant does who replied to me at Rolla 
 I shall, on the contrary, continue to cherish the 
 lofty teachings of the transition era of '98, as 
 confirmed to me by all subsequent reflection 
 that whilst " the Right* of the States and the 
 Union of the States must stand or fall together, 
 they can both be best preserved by resisting 
 aggressions upon them within the Union than 
 by going out of the Union. It is in this sense 
 Mr. President, but in this only, that I am, as I 
 have ever been, an "unconditional Union man, 
 at the same time that I am an unconditional 
 " State Rights man" the two terms, in the vo- 
 cabulary of my political education, being not 
 only convertible, but destined, as already de- 
 noted, tO " STAND OR FALL TOGETHER." 
 
 MISCELLANEOUS. 
 
 Mr. McCLUHG presented a report from the 
 Committee ou the Militia. 
 
 Mr. HENDERSON presented the memorial of 
 Philander Drake, praying to be reimbursed for 
 services in organizing the State militia. Re- 
 ferred to a special committee. 
 
 Mr. McFERRAN, from the Committee on 
 Elections, presented a revised report, which 
 was ordered to be printed. 
 
 DISTRICTING THE STATE. 
 
 The bill dividing the State into nine Con- 
 gressional Districts was taken up. 
 
 The first, second, third, and fourth sections 
 were read and agreed to. 
 
 Mr. WELCH offered an amendment to the 
 fifth section, as follows: "That Moniteau, 
 Cole, Morgan, and Miller counties be taken 
 from the fifth district and added to the sixth." 
 He said : The districts, as laid off in that report, 
 embrace counties lying on both sides of the 
 river. The districts can be formed equally as 
 well by having the counties all on one side of 
 the river, and that is what my amendment 
 proposes. 
 
 Mr. PHILLIPS. The gentleman from John- 
 son (Mr. Welch) will find, upon a further 
 examination, that it will be an utter impossi- 
 bility to make nine districts in the State of 
 
 Missouri without crossing the river, either west 
 or east. The only question is, whether you will 
 cross the river at St. Charles, Independence, or 
 Kansas City. The committee, after investi- 
 gating the matter thoroughly, decided to cross 
 the river at Independence. 
 
 Mr. Moss. In addition to what has been 
 said by the gentleman from Pettis, (Mr. Phil- 
 lips,) I will state that, as far as the objection 
 in reference to crossing the river is concerned, 
 I agree with him, but the Convention has 
 already determined the matter. We cannot 
 cross the river at St. Charles, because the Con- 
 vention have settled on the districts there. 
 Unless you go back and undo what you have 
 done in reference to other districts, the river 
 must be crossed where these districts are laid 
 out. 
 
 The amendment was lost, and the fifth and 
 sixth sections were adopted. 
 
 Mr. SMITH, of Linn, offered an amendment 
 to the seventh section, to strike out Linn and 
 add it to the eighth section. 
 
 The amendment was agreed to, and the sec- 
 tions adopted and the bill passed. 
 
 Mr. WELCH. I move to pass over the bill, 
 and make it the special order 
 
 The PRESIDENT. The bill has passed. 
 
 Mr. WELCH. I understand that whenever 
 an ordinance is adopted by sections, it must 
 then be adopted as a whole. You announced 
 ;hat it would be so ordered, unless objections 
 were made j and before you announced that the 
 motion was carried, I arose. 
 
 The PRESIDENT. I will state that the ordi- 
 nance has passed ; but the gentleman can appeal 
 f he desires. 
 
 Mr. WELCH. I desire to record my vote on 
 he passage of the ordinance. I did not desire 
 o call the ayes and noes on the adoption of 
 every section ; I desire to record my name on 
 he final vote. 
 
 QUALIFICATIONS OF VOTERS. 
 
 Mr. MCFERRAN. I move to take up the 
 { Ordinance defining the Qualifications of 
 Voters." 
 
 Mr. RAY. I move that it be made the special 
 rder for 2 o'clock. 
 
 The motion was agreed to. 
 
 AUTHORIZING THE GOVERNOR TO FILL VA- 
 CANCIES. 
 
 Mr. HALL of Buchanan. I move that the 
 ill reported by the Committee on Constitution 
 e taken up. 
 
 The PRESIDENT. It will be to-morrow. 
 
95 
 
 The bill was read. 
 
 Mr. HALL. I wish to say a word or two in 
 explanation of that. The sixth section of our 
 ordinance provides that all civil officers shall, 
 in a certain time, take the oath prescribed in 
 our ordinance, and that failing to do that, they 
 should be removed from office. The seventh 
 section provides that all county officers shall 
 be allowed twenty days after the county clerk 
 takes his oath to file their oaths. In many of 
 the counties where the offices are all in the 
 hands of secessionists, the county clerk woul 
 fail to take his oath, and the county court re- 
 fuse to appoint any county clerk, and hence 
 under that section no appointment could be 
 made. It becomes absolutely necessary, there 
 fore, that the Governor should make appoint- 
 ments without reference to the seventh section, 
 and the effect of this ordinance is to legalize 
 the appointments the Governor was compelled 
 to make. 
 
 Mr. WELCH. I was not in the committee 
 when this ordinance was prepared. I glanced 
 at it a day or two ago, but have not thought of 
 it since. It occurred to me there should be an 
 additional section with reference to the Board 
 of Public Schools and Public Works. 
 
 Mr. HALL of Buchanan. Well, the Gover- 
 nor has not filled those places and does not 
 propose it. 
 
 The bill was then passed. 
 
 REPEALING CERTAIN ORDINANCES. 
 
 Mr. McFERRAN. I move to take up "An or- 
 dinance repealing certain ordinances submit- 
 ting the action of this Convention to the people 
 of Missouri, and for other purposes." 
 
 The bill was taken up, and the yeas and nays 
 demanded on its passage. 
 
 Mr. COMINGO. I presume there are several 
 gentlemen in this hall who do not know the 
 extent to which that goes. I believe It does 
 not apply to all ordinances, but to one parti- 
 cular ordinance. 
 
 Mr. WELCH. I do not know the extent of 
 the ordinances which this proposes to repeal, 
 and I would like some gentleman to explain. 
 
 Mr. MCFERRAN. The ordinance passed at 
 the July session submitted the action of the 
 Convention to the people. When we met in 
 October we modified it so as to continue the 
 submission to the next general election. It is 
 these ordinances that this ordinance proposes 
 to repeal. 
 
 Mr. WELCH. Do I understand from the 
 chairman of the committee that that is the 
 
 only ordinance to be repealed? If so, I will 
 withdraw the call for the yeas and nays. 
 The bill was then passed. 
 
 MISCELLANEOUS. 
 
 Mr. PHILLIPS presented an invitation from 
 Mr. Miller, the Warden of the Penitentiary, 
 requesting the members of the Convention to 
 visit the institution at their convenience. He 
 moved that for this purpose the Convention 
 adjourn until nine o'clock Monday morning. 
 
 The PRESIDENT. The motion is not in 
 order. 
 
 The Convention then, on motion, adjourned 
 until 2 P. M. 
 
 AFTERNOON SESSION. 
 The Convention met at 2 P. M. 
 
 QUALIFICATIONS OF VOTERS. 
 
 The bill defining the qualifications of voters 
 was taken up. 
 
 Mr. MCFERRAN. I move to strike out the 
 second section of the ordinance. 
 
 The motion was agreed to. 
 
 Mr. MCFERRAN. I propose to offer an 
 amendment to strike out the third section and 
 insert the following in lieu thereof : 
 
 " SEC. 3. Every person who shall be elected 
 or appointed to any civil office shall, at least 
 five days before such election, take and sub- 
 scribe to an oath to declare that he has not 
 during the present rebellion taken up arms or 
 levied war against the Government of the 
 United States or the State of Missouri, or giv- 
 en aid or comfort to the opposers thereof ; and 
 that he will support, protect and defend the 
 Constitution of the United States and of the 
 State of Missouri against all enemies, whether 
 domestic or foreign, any ordinance of any Le- 
 gislature, or any commander's orders, to the 
 contrary notwithstanding ; and that he does this 
 with the honest purpose faithfully to perform 
 the same, without any mental reservation what- 
 ever, and that he will demean himself in office 
 according to law." 
 
 The precise point presented by the amend- 
 ment is this. The ordinance, as reported by 
 the majority of the committee, with whom I 
 do not agree upon this point, provides that offi- 
 cers after they have been appointed or elected 
 shall take this oath. The amendment pro- 
 aoses that they shall do it at least five days 
 before the election. Therefore, the precise 
 point of difference between the amendment as 
 
96 
 
 proposed and the ordinance as reported is, 
 whether the oath shall be administered to the 
 candidate before the election, or whether he 
 shall be allowed to take the oath after the 
 election. I presume, sir, that it is sufficient to 
 state the point. However, I will make one 
 suggestion, which leads my mind to the con- 
 clusion that the amendment ought to be adopt- 
 ed. I think it is unfair to the loyal candidate 
 to leave the field free to a man who may be 
 disloyal or an enemy to the Government, and 
 permit him to go before the country and con- 
 solidate a party influence in his favor. If he 
 is defeated, he is not bound to the Government 
 at all. He stands precisely the same as if he 
 had not been a candidate, and even after he is 
 elected he may refuse to take the oath. I do 
 not think it is wise or proper legislation for 
 the onvention to allow a man to be a candi- 
 date who may be the greatest enemy the Gov- 
 ernment has, and put him in a position which 
 only a man loyal to his government should oc- 
 cupy. Therefore, I think the oath ought to 
 be prescribed for candidates, and that they 
 should be compelled to take it before any per- 
 son is permitted to vote for them. That 
 amendment further provides that, if they do 
 not take the oath, no vote shall be cast up for 
 them and no certificate of election given to 
 them. These are the reasons that operate in 
 my mind in favor of this amendment. I do not 
 wish to leave this thing open to agitation, and 
 I do not wish to leave it in the power of any 
 disloyal man to electioneer against a loyal 
 man, or to consolidate a faction against him 
 and against the Government, and I think this 
 cannot be done under my amendment. As I 
 stated, I suppose the mere statement of the 
 question will be sufficient, and I do not purpose 
 to discuss it further. 
 
 Mr. VANBUSKIRK. I would make this sug- 
 gestion. Every man is required to demean 
 himself faithfully in office before he is elected, 
 and that oath is to be filed in the county clerk's 
 office. Now, I would inquire whether this 
 candidate can be required to demean himself 
 faithfully in office before he is elected to that 
 office. 
 
 Mr. BIRCH. If it be in order, I will offer an 
 amendment to the amendment. I move to 
 amend the third section by striking out the 
 words "that I have not, during the present re- 
 bellion, levied war or taken up arms against 
 the Government of the United States.'' I will 
 simply state, in support of my proposition, that 
 I personally know men who have been in 
 
 Price's army, who have given aid and comfort 
 according to the technical meaning of these 
 words, and they have returned home with a 
 purpose to defend the Constitution of the United 
 States hereafter; and they are the men we invite 
 to come here and join in the associations of 
 citizenship. Yet that section, as it now stands, 
 excludes them entirely. I am content that 
 hereafter they shall swear not to take up arms 
 or levy war, and this would be in consonance 
 with all the orders of the Military Government 
 of the State. 
 
 Mr. HITCHCOCK. Do I understand the 
 amendment to be, that a man who has been in 
 Price's army and returned home willing to take 
 the oath, can, under this amendment, be Gov- 
 ernor, or hold any office in the State ? 
 
 Mr. BIRCH. Yes, sir. 
 
 Mr. HOWELL. I move to lay the amendment 
 on the table, with the intention afterwards of 
 calling up the minority report and asking action 
 on it. , 
 
 Mr. HITCHCOCK. I would ask the gentle- 
 man to withdraw until the motion from the 
 gentleman from Clinton is considered, as that 
 is a test question. 
 
 Mr. HOWELL. Very well ; I do not desire to 
 be troublesome. 
 
 Mr. ORE. For the benefit of the gentleman 
 from Clinton, who was not here the other day 
 to hear the discussion that was had, I wish to 
 make a few remarks only. During some re- 
 marks that I made on that occasion, I was 
 asked why I would not admit the candidate if 
 I would admit the voter. I then replied that 
 an individual might come in at the foot of the 
 class and work his way up, but I was unwilling 
 that he should go to the head at once and hold 
 office. I occupy that position now ; and I hope 
 the Convention will not go so far as to sny that 
 a traitor may come home and be elected Gov- 
 ernor of the State of Missouri. What I have 
 done has been a matter of expediency, in order 
 to induce men to lay down their arms and 
 become good and peaceful citizens ; but I hope 
 that no man who has so far disgraced himself 
 as to engage in open rebellion will be allowed 
 to hold office in Missouri for some time yet. 
 
 Mr. Moss. I desire to make one remark in 
 connection with that amendment. I am sorry 
 that the gentleman from Clinton was not here 
 during the discussion that took place yesterday 
 and the day before; and in order that he may 
 understand my position clearly, I will *tate it, so 
 that he may know the objects and purposes I 
 have in view in opposing his amendment. I 
 
97 
 
 stated yesterday that I presumed every man in 
 this Convention was in favor of keeping the 
 State under the control of loyal men. The only 
 thing we differ about here is the plan which we 
 will adopt for attaining that end. My plan is to 
 have no election, and to keep the Provisional 
 Government in existence; but that question has 
 not been urg p l as to whether we will have an 
 election. I was in hopes that would be the first 
 question presented, but it has not been, and I am 
 going to vote on the other proposition before the 
 Convention, and I am endeavoring to get it in a 
 shape that will suit me, provided I shall be 
 overruled in the proposition to have no elec- 
 tion. The proposition to have no election is 
 my plan; but if I cannot have my plan, then I 
 want to adopt the next best plan. But, Mr. 
 President, I will say lhat if the amendment is 
 adopted, the control of the State passes o-it of 
 the hands of loyal men. If you turn loose the 
 people of Missouri now, to vote at 'he coining 
 elections without any restrictions upon their 
 voters or candidates, except such as relates to 
 their future action, then the control of the State 
 of Missouri will pa^s out of the hands of loyal 
 men. I want all voters to vote untrammelled 
 by anything that has happened in the past ; 
 but I want every candidate for office to be 
 bound by an oath which will cover his pa^t 
 conduct. In other words, I am in favor of 
 saying to the people, "you can all vote, but 
 you have got to take your choice between loyal 
 men." If we have got to have an election, I 
 want that much restriction. I want to keep 
 the State under the control of loyal men. No 
 man in the State of Missouri ought to claim 
 the right to vote for any other than a loyal 
 man a man that has been loyal throughout 
 these troubles ; but I wish the voters to have 
 the privilege of choosing between loyal men. 
 My plan, as I have said, is to have no election 
 at all. I dislike to see any election with re. 
 strictions; but if we are to have an election, 
 then, as a man having at heart the interests of 
 the State and the Union, I must vote for some 
 measure that will retain the control of the State 
 in the hands of loyal men. 
 
 Mr. RAY. I will send up an amendment 
 which I hope my colleague will accept for his 
 amendment. His amendment proposes to strike 
 out certain words ; my amendment proposes to 
 strike out the same words, and to insert others 
 which will make the section prospective instead 
 of retrospective. 
 
 Mr. BIRCH. If it is competent, I will accept 
 the amendment of my colleague. I accept it 
 
 7 
 
 as a comity. I think the remarks of the gen- 
 tleman from Clay, (Mr. Moss,") in reference 
 to thi-) amendment, are unfair. I have heard it 
 said that it would allow Jackson to come back 
 and he elected Governor. Suppose it does. 
 Does any man here suppose it possible that he 
 would come back ? Not a man ; and, therefore, 
 it is an unfair w;iy of meeting an argument by 
 exoitii g a prejudice. I say that in mei e justice 
 to myself, and that is all the reply I deem 
 necessary to such an insinuation. While the 
 gentleman would make the section so stringent 
 as to prevent Jackson from being Governor^ he 
 would at the same time exclude all men who 
 propose to come home and live among us, and 
 be as loyal citizens as you or I. The?e men 
 were simply mistaken, and under the previous 
 action of this Convention they have returned 
 home, and now we propose to put them in a posi- 
 tion where they will fet-1 iheir degradation. Sir, 
 it is not in keeping wi'h anything we have done 
 thus far ; it is not in keeping with the policy of 
 the General Government or the Provisional 
 Government, and it is not in keepii g with the 
 suggestions of good feeling, or (if it would not 
 be an act of discourtesy to say it) good sense. 
 1 do not mean thut, however, but I use it for 
 want of a better word. Now, the best way in 
 which we can put down the rebellion is to 
 doctor it at this time as little as possible. 
 There are Union men all through the State, 
 and they can see to it that the guerrillas are 
 kept down, and that is all that remains of the 
 rebellion in Missouri. Let us say to those who 
 are at home that they need not go away, and 
 that we are ready to receive them and protect 
 them, but not to subject them for all time to 
 our deliberate legislative frowns. There are 
 two classes in the Southern army men who 
 have joined under a misiuipression, arid men 
 who are deliberate traitor?. Let the gentlemen 
 who desire, disfranchise all such men as Jack- 
 son, and bring his name in for this purpose ; . 
 but let it not be said that Birch's amendment 
 would allow Jackson to come here and be Gov- 
 ernor of the State. Sir, I will not indulge in 
 such a reflection as to suppose that the people 
 of Missouri would elect Jackson under any 
 circumstances. As I remarked, I think the 
 action I propose is in perfect keeping with all 
 we have done heretofore. 
 
 Mr. HOWELL. I now move that the minor- 
 ity report on elections be taken up as a substi- 
 tute for the one before the House. 
 
 The PRESIDENT. The motion is not in order 
 until the amendment is disposed of. 
 
98 
 
 Mr. HENDERSON. If (he proposition made 
 by the gentleman from Clay (Mr. Moss) be 
 correct, that the government of this State will 
 pass into disloyal hands provided this propo- 
 sition should be adopted, then I desire to say 
 it ought not to be adopted. I desired to remark 
 this morning, and I take occasion now to say, 
 that it will not do for the people of Missouri, 
 under any circumstances whatever, to come to 
 the conclusion that any proposition whatever 
 is going to drive them into this rebellion. Now, 
 I am aware that a great many things will oc- 
 cur, and in a short time I feel confident, that 
 if the people of Missouri are disposed to enter 
 into this rebellion, will go very far towards 
 driving them into it. I undertake to say that, 
 unless the rebellion is suppressed in the South- 
 ern States very soon, a great many questions 
 will arise to induce the people of this State to 
 engage in rebellion if they are so disposed. I 
 know from my stand-point that measures will 
 be proposed and adopted within the next six 
 months, that, if the people intend to take up 
 arms, they will do it. Now, I say nothing in 
 the world will drive me to take up arms against 
 the Government of the United States. If these 
 persons will continue in rebellion, I do not 
 know that we ought to be willing to enter the 
 rebellion, no matter what course may be pur- 
 sued by the Government of the United States 
 for its suppression. Gentlemen know of my 
 course that I have done everything to resist 
 the radicalism of Congress that I have done 
 it in sincerity and good faith ; but I think it is 
 altogether likely that in less than six months 
 from this day propositions will be adopted that 
 members hardly dream of. It was this I de- 
 sired to say this morning when a majority of 
 this body endeavored to get rid of this question 
 by voting it down without discussion. Sir, we 
 can never get rid of this question by putting 
 it off in this way. I say it is necessary for 
 the people of Missouri to understand and dis- 
 cuss these matters at this time. What is the 
 condition of things in Virginia to-day ? ft is a 
 fact that my colleagues well know, and that is 
 talked of in the streets of Washington and in 
 the halls of Congress, that there is not a slave 
 in the valley of Virginia to-day not one single 
 one left in slavery between Yorktown and the 
 Chickahominy although our armies are under 
 the control of a distinguished Democratic 
 General, who .<> 
 
 Mr. HALL of Rando-lph. As the gentleman 
 has remarked that this fact is known to his 
 colleagues, possibly he alludes to me. It is 
 not known to me. 
 
 Mr. HENDERSON. You say it is not ? 
 
 Mr. HA.LL. No, sir, it is not. 
 
 Mr. HENDERSON. Have you not heard, day 
 after day, that there is not a slave in the valley 
 of the Shenandoah ? 
 
 Mr. HALL of Randolph. I have heard it. 
 
 Mr. HENDERSON. A gentleman stated to 
 me that a member of the Senate was so in- 
 formed on a recent visit home, Mr. Kennedy 
 of Maryland, one of the best members of the 
 Senate. 
 
 Mr. HALL of Randolph. My information is 
 different. I have lived in the valley of Vir- 
 ginia and my relations now live there ; I cor- 
 respond with them, and I see persons almost 
 daily from one of the counties in that part of 
 the State, and while they have lost a great 
 many negroes, as we have in this State, my 
 information does not lead me to believe that 
 it is by any means true to the extent that the 
 gentleman states. My information is that a 
 great many negroes have escaped in conse- 
 quence of the disturbances in the country j but 
 my information from my sisters living at Har- 
 per's Ferry, is that negroes have been stopped 
 from crossing the river, and that that place is 
 filled with negroes without owners. 
 
 Mr. HENDERSON. Is it not your understand- 
 ing that Yorktown and other places are filled 
 with negroes without owners ? 
 
 Mr. HALL. Certainly, and there are a great 
 many at Washington also; but my information 
 is that this results from the war, which gives 
 facilities to the negroes te escape. Owners 
 give their negroes a chance to escape, but I do 
 not draw the conclusion that this is done by, 
 or that it is the purpose of, the Government to 
 accomplish it. On the contrary, I am satisfied 
 that, if that purpose is entertained by any part 
 of the Government, it is not entertained by a 
 majority of the House of Representatives. 
 
 Mr. HENDERSON. I do not think it is ; but I 
 can tell the gentleman this, and I think he feels 
 it as confidently as I do, that if this war is 
 continued six months longer, the bill that was 
 before his body a few days ago the Emanci- 
 pation Bill will become a law, and I ask him 
 if he has any doubt in regard to that proposi- 
 tion. 
 
 Mr. HALL. My opinion is, that if the 
 Emancipation bill does not pass at the present 
 session, it never will pass. My opinion is, 
 and I have derived my information from relia- 
 ble sources, that, when an election is held 
 in the Northern States, there will be such an 
 expression of Northern sentiment as will effec- 
 tually stop the radical legislation of Congress. 
 
99 
 
 Mr. HENDERSON. I hope the gentleman 
 is correct. But my object is to put the people 
 of Missouri on their guard. I desire to do so 
 in good faith, and I desire to say to them that 
 they must not be astonished if the most radi- 
 cal measures are adopted, not only in the 
 army, but by Congress, for the suppression of 
 this rebellion. Now, I submit a plain proposi- 
 tion ; gentlemen may talk about abolitionism, 
 but here is the truth that eleven of our sister 
 States have gone out of the Union, and five of 
 the Border States, in connection with the loyal 
 and conservative men of the North, have come 
 to our rescue, and we have been enabled thus 
 far to prevent radical legislation. How long 
 will that last ? 1 tell you, Mr. President, the 
 Northern people will not much longer furnish 
 their money and their sons for the suppression 
 of this rebellion without resorting to all the 
 means that God and men have put into their 
 hands for this purpose. I am confident this 
 will be the result. Sir, the fact is apparent 
 that the institution of slavery cannot exist in 
 the midst of armies. What is the fact? The 
 gentleman well knows that vast numbers of 
 slaves are congregated on the Chesapeake Bay 
 and elsewhere, and that some have been taken 
 north, and that even many are being taken 
 to Cuba and sold by the slave catchers on the 
 coast. Only the other day a slaver was cap- 
 tured almost immediately under the guns of 
 Fortress Monroe. We witness these things 
 almost every day, and the, question presents 
 itself, what are we going to do in Missouri? 
 I am not disposed to denounce every man as 
 an Abolitionist who believes that the institu- 
 tion of slavery is an evil, because hundreds 
 who believe that fact express themselves in the 
 Senate and House of Representatives in favor 
 of every right we enjoy; and not only that, but 
 they vote and act with us every day, and do 
 everything that can be done to put down radi- 
 calism. But, if the gentleman from Clay is 
 correct, that, by the adoption of the amend- 
 ment of the gentleman from Clinton, Missouri 
 will pass back into disloyal hands, for God's 
 sake, I say, pass it not. You may resist it as 
 much us you please, but I tell you the Gov- 
 ernment of the United States willnmr surren- 
 der Missouri. You may cry aloud that our 
 institution of slavery is about to be destroyed, 
 and that, therefore, the people ought to rise 
 and resist the action of the Government, but I 
 say that it will be utterly impossible. The 
 people of the Northern States are determined 
 that Missouri shall remain in the Union. Sir, 
 
 this is a right claimed constitutionally, for the 
 reason that no State has the right to secede, 
 and we ought to make the best of our condi- 
 tion. I do not say we should abjectly surren- 
 der everything, but I say in vindicating our 
 rights we ought to talk about them and con- 
 sult with each other in regard to them. Why, 
 sir, I have been looking all winter for radical 
 legislation. I have been looking for the pas- 
 sage of a confiscation bill, and I can tell the 
 gentleman from Randolph, that, before we ad- 
 journ, a bill will be passed, confiscating both 
 the personal property and the slaves of rebels. 
 Whether the slaves will belong to the Govern- 
 ment, or whether they will dispose of them or 
 set them at liberty, is a question which I can- 
 not tell how they will decide. But such a 
 measure will in all probability be passed. 
 Gentlemen know I have opposed such mea- 
 sures. But are we going to say if they are 
 passed that Missouri will secede ? And if you 
 do say it and undertake to do it, I can tell you 
 the second destruction of Missouri will take 
 place, and it will leave negroes and nothing 
 else upon the surface. I believe this and ex- 
 press it, with the best wishes for the people of 
 Missouri in the world. Because, sir, if there 
 is any man closely identified with the people 
 of Missouri and attached to her institutions, I 
 claim to be that individual. Sir, I have been 
 inimical to none of the institutions of the peo- 
 ple of Missouri, and while 1 have been repre- 
 senting them I have done all in my power to 
 resist these things j but yet I say we cannot 
 resist them with arms in our hands, because 
 we would thereby destroy everything we seek 
 to protect. Then, sir, if this proposition be 
 true, I can tell you that when you put disloyal 
 officers into power in Missouri, who will at- 
 tempt to play the part played by Jackson, you 
 will not only bring destruction upon them, but 
 certain destruction upon yourselves. There 
 can be no doubt about it; I can tell you the 
 besom of destruction will again sweep over 
 this State, and when it comes again it will 
 come with tenfold power. I desired to say as 
 much this morning and to warn gentlemen 
 against permitting any prejudice on this or 
 any other subject to drive them into a spirit of 
 disloyalty, and also to beseech the Union party 
 of Missouri not to be divided upon the negro 
 or any other question. Now, we have nothing 
 to gain by putting disloyal men into office. I 
 am much inclined to pay deference and respect 
 to the views of the gentleman from Clay, and 
 if his views are correct, by all means let 
 
100 
 
 us avoid the difficulty by keeping loyal men 
 in office. My candid impression is that sla- 
 very will survive here longer than in South 
 Carolina or Virginia. If this war continues 
 twelve months longer in the seceded States, 
 or those which have undertaken to set up 
 a Cotton Confederacy, slavery will be killed 
 and no power in this Union can preserve it. 
 While it will survive in Missouri, Kentucky, 
 Delaware and Maryland, it will be dead in 
 South Carolina, Georgia, Alabama, Mississippi 
 and Louisiana. Sir, when this Hunter pro 
 clamation was issued to the world, I felt con- 
 fident that the President would set it aside. 
 But the President of the United States does 
 not say in his order that he will not make such 
 an order in time to come. And I think I am 
 right in saying that the President believes he 
 has the power to make such an order if it be- 
 comes necessary, under military law, to sup- 
 press this rebellion. Now I 
 
 Mr. BIRCH. Will the gentleman permit me 
 to ask whether he considers the President of 
 the United States has the right to issue such 
 an order ? 
 
 Mr. HENDERSON. I am not arguing that 
 proposition at all. I am saying what I think 
 will be the result of these things. But I can 
 be candid with the gentleman. So far I have 
 done all in my power to prevent radical mea- 
 sures from being adopted. I waited on the 
 President with one of the members of this Con- 
 vention, who thanked him for the work he had 
 done ; and the Missouri delegation did every- 
 thing they could towards having the Fremont 
 and Hunter proclamations set asiilej and not 
 only that, but we did all we could to prevent 
 the passage of that radical measure through 
 Congress which provides for turning free the 
 slaves of individuals. And here let me say 
 that it is almost an impossibility to get run- 
 away slaves from the soldiers in Washington. 
 And why ? Because their comrades have been 
 killed in battle and they honestly believe that 
 glavpry is the cause of the war. And I tell 
 you the day is approaching when the Northern 
 soldier will have no regard whatever for the 
 institution of slavery. 
 
 Mr. HALL of Randolph. I heard that same 
 thing asserted in ihe House of Representatives 
 by a member from one of the northern States. 
 an extreme radical man ; and Col. Phelps got 
 up in his place in the House and said he had 
 been serving with northern men in the army 
 and associa'ing with them in camp, and that 
 it was the universal sentiment, frequently ex- 
 
 pressed by officers and men in the northern 
 armies, that when they tuined this war into 
 an anti-slavery war, they would lay down 
 their arms. I consider that authority unques- 
 tionable. [Applause.] 
 
 Mr. HENDERSON. I have no objection to the 
 gentleman putting in his remark?, but I do 
 object to his making a speech. He made one 
 remark which I must allude to. He said he 
 heard the remark made by an extreme radical 
 man of the northern States. I suppose there 
 can be no other design in a remark of that 
 sort, but I hope the gentleman does not couple 
 me wiih the extreme radical wing of the 
 northern party. 
 
 Mr. HALL. I do not consider the gentleman 
 as belonging to the class of men alluded to. 
 I had no purpose in what I said except as 
 showing that it was the sentiment that had 
 been uttered at Washington, and it did not 
 strike me at the time as instituting that com- 
 parison, and I do not class the gentleman that 
 way. 
 
 Mr. HENDERSON. Let me allude to one 
 proposition that the gentleman knows as well 
 as I. There is a military commander in the 
 city of Washington named Wadsworth, and 
 there is a Marshal of the District, a Mr. Lamon. 
 The gentleman knows very well that Lamon 
 has been attempting, in good faith, backed up 
 by the conservative Kepublicans and Border 
 State men, the execution of the fugitive slave 
 law, but the military authorities and the sol- 
 diers of the city of Washington absolutely 
 interfered wiih the civil duties of this Marshal ; 
 and the gentleman is aware of another fact, 
 that when the owners come there after their 
 slaves, these military officers and soldiers, 
 without commands, take them and put them in 
 jail for attempting to kidnap, and the Marshal 
 of the District then arrests the soldiers; and 
 about every Saturday evening I think they 
 exchange prisoners. That is the state of things 
 existing between the civil and military author- 
 ities of Washington. Tell me that the military 
 authorities are not adverse to slavery, when I 
 see and talk with Marshal Lamon almost every 
 day about it ! When I see these things almost 
 daily, it is not necessary to tell me that the 
 prejudice against the institution of slavery is 
 decreasing. I know otherwise, and I tell you 
 so. But I do not desire to prolong my remarks 
 on this subject at all, but to say to the people 
 of Misouri that in all probability, in the course 
 of a short time, their loyalty will be further 
 tested by acts of Congress. Gentlemen may 
 
101 
 
 say I sympathize with those acts ; I tell you 1 
 have opposed them all, and my record will 
 show I have opposed, and I think successfully 
 in one branch, the bill, the direct effect of w'uch 
 would have released every slave in the United 
 States belonging to disloyal men, and in effect 
 loyal men, because there was a provision in it 
 which made it necessary for the owner to show 
 his loyalty, and that loyalty had to be proven 
 where the slave was captured in the northern 
 States, and he had to show further that he had 
 not sympathized with or aided the rebellion. 
 The result would have been to turn all the 
 slaves loose ; and I am not sure but that bill 
 will yet pass the Senate of the United States. 
 There are, however, many good Republican 
 members there, who will oppose it to the end. 
 But the question presents itself, should such a 
 measure as that be carried, and it should 
 become apparent that the institution of slavery 
 in the United States was to be overthrown, the 
 question that comes up for the practical de- 
 cision of the people of Missouri is, what we 
 shall do. I may say, for one, that there are no 
 circumstances that would induce mi; to invite 
 Jackson back again into the State of Missouri, 
 or permit rebel hoides to overrun this State. 
 Sir, I have already lost more by this rebellion 
 than ten times <he value of all the negro pro- 
 perty I ever owned ; but if that state of affairs 
 were to come back again, does any man doubt 
 that the property of every loyal man would be 
 confiscated, and every loyal man compelled to 
 leave the State, by those persons who would 
 return and take possession of the State of 
 Missouri? What loyal man would then have 
 any hope in the Slate of Missouri? 
 
 Now,there are other things in connection with 
 this matter. It is not worth while for us to say, 
 in consequence of any attacks upon this or any 
 other institution, that we intend to betray our 
 trust to the Union. I know Congress has said 
 I do not know whether in earnest or not 
 and President Lincoln has urged it again and 
 again, that slavery stands in the way of putting 
 down this rebellion. Now, no man can pretend 
 that Mr. Lincoln has not so far been kind to 
 the people of the border States, and to the 
 people of the seceded S'ates. No man can lay 
 his finger upon any act of the President of tht- 
 United States that points to the destruction t>f 
 their property; and if any such act is committed 
 in the future by him, it will be a mere incident 
 to what he regards as his duty in order to save 
 the Union of the States. He never will declare 
 the slaves of Missouii fiee, but he may be 
 
 required to declare them free by act of Con- 
 gress, because measures are pending in the 
 Senate, and a sufficient number pledged to that 
 course, to require the President to issue a pro- 
 clamation to the people in rebellion to lay down 
 their arms j and if they do not in a certain 
 number of days do so, he will be required to 
 declare the negroes free, and to d.o this as a 
 means of putting down the rebellion ; and 
 more, if the war continues during the summer 
 months, not only this will be done, but a por- 
 tion of the slaves of the southern States will be 
 armed and put in charge of the fortresses in 
 the yellow fever districts, and the question then 
 presents itself, " what are we then to do ?" I 
 say this : Congress has said I do not know 
 whether in earnest or not that if the border 
 States are put in jeopardy in regard to this 
 institution, we will pay them for their slaves. 
 We do not desire to interfere with them, but 
 we intend to put down this rebellion, and to 
 stop the war, by the most decisive acts. We 
 intend to strike the final blow with all the 
 power that has been given to us by God him- 
 self. 
 
 Now, Mr. President, I have stated that it 
 is the duty of the people of Missouri to take 
 these facts into consideration, whether we shall 
 again invite back disloyal men, and bring up 
 the horrors we have already passed through, 
 or whether we will remain steadfast, even 
 though certain measures are adopted by Con- 
 gress. Now, everybody admits that the insti- 
 tution of slavery has been destroyed, or that it 
 has been greatly weakened ; that great injury 
 has not only been done to it in Missouri, but 
 that it stands now in the rebellious States in 
 the most imminent danger indeed, that it is 
 just ready to be overthrown. Then, I say, if 
 there is any danger in this proposition now 
 before the House, it ought not to be adopted. 
 For God's sake let it not be adopted, but let us 
 act like loyal men; and if slavery is to be de- 
 stroyed in those States that will not yield, and 
 if they will resist the power of the United 
 States in open rebellion, while the Government 
 will continue the war, and never give up the 
 contest until every inch of territory from Maine 
 to Texas, and from the Atlantic to the Pacific, 
 is regained, let us remain loyal, for theVeby we 
 protect the institution of slavery in Missouri, 
 if we so desire, when it shall be dead and gone 
 in the States of tbe South. I believe our loyalty 
 to-day is the only shelter slavery has in Mis- 
 souri. Now, Mr. President, I do not desire to 
 take any further part in this matter j and I 
 
102 
 
 would not have made the remarks I have but 
 for the fact that I was deprived of the oppor- 
 tunity of doing so this morning. I have said 
 just about as much as I desired to say this 
 morning, and having said thus much, I will 
 conclude by saying I hope the amendment will 
 be rejected. 
 
 Mr. HALL of Randolph. With regard to the 
 amendment offered by the gentleman from 
 Clinton, I have expressed myself on that sub- 
 ject. It seems the gentleman from Clinton is 
 not opposed in principle to the character of the 
 restrictions we are imposing on the right of 
 suffrage, or upon the candidates, for the gen- 
 tleman informs us that he might imagine a case 
 in which he would exclude them for instance, 
 men of the same class as Governor Jackson. 
 Now, sir, I am aware that there are restrictions 
 that would be necessary if there was any dan- 
 ger arising from that source. It may be that 
 Jackson is the worst of his class, but he is not 
 the only one ; there are a great many others 
 the proportion of them I do not know. It is, 
 however, assumed by different gentlemen, that 
 the number is so inconsiderable that it will be 
 well to dispense with any restrictions upon 
 voters. My conclusions are drawn in this way. 
 We know there is a class that ought to be ex- 
 cluded, and that that class is numerous. We 
 also know there is a class disloyal in the State, 
 and that they ought not to be permitted to hold 
 office. The question is, whal is the safe course ? 
 We are not adopting a permanent policy, or 
 one which will exclude these men forever if 
 they hereafter become loyal citizens, but one 
 which gives us security for the present a mere 
 temporary expedient to carry on the Govern- 
 ment until we can carry it on in the ordinary 
 channels. I therefore differ with the gentle- 
 man, and I differ with him in this, that I am 
 fully determined to do nothing which shall 
 render this Government insecure, or permit it 
 to again become disloyal. Now, I am doing 
 this from a sense of duty and from a conviction 
 that it is our duty, and for our interest, to 
 remain associated with the present Government. 
 I have always acted on this principle from the 
 time this rebellion broke out. I have not been 
 induced to take the part of the Union in this 
 controversy because I was afraid the North 
 would destroy our institutions, and I am not 
 now going to be driven by threats from what- 
 ever source they may come that we are to be 
 utterly destroyed and devastated if we do not 
 do as suits the pleasure of the authorities else- 
 where ; and I am sorry the gentleman should 
 
 have thought proper to present this as a motive 
 for our action. Now, sir, if we are to be told 
 that our country is to be devastated, and that 
 we are to be subjected to every evil that war 
 can bring upon us, unless we suit the con- 
 venience of a party in the northern States, I 
 say 
 
 Mr. HENDERSON. My remarks were based 
 on what the gentleman from Clay said, that it 
 would bring back disloyal men into office. Let 
 me ask the gentleman if Missouri should elect 
 disloyal men, if he does not believe the United 
 States Government would drive them out of 
 power, and that they would bring their "hordes-' 5 
 to destroy us? 
 
 Mr. HALL. I do not believe any such thing, 
 because the Convention will depose, as in 
 times past, all disloyal officers. I have no idea 
 that the Government has any such purpose as 
 this, and I can see no good likely to result 
 from the intimation that such and such a course 
 will be pursued by the Government; on the 
 contrary, it seems to me evil will result. The 
 business of the Union men in the State has 
 been to deny the charges of the secessionists 
 that this was the purpose of the Government. 
 But now the gentleman, if I understand him, 
 comes here and reiterates as a man high in 
 authority and having peculiar means of in- 
 formation the several charges which the 
 secessionists have used to exasperate the peo- 
 ple of this State, and which they have believed. 
 
 Mr. HENDERSON. Who was it that drove 
 Jackson out of Missouri ? Was it the Govern- 
 ment of the United States? 
 
 Mr. HALL. It was the Federal army. 
 
 Mr. HENDERSON. Then I ask him if he 
 does not believe the Federal army will drive 
 out the traitors again ? 
 
 Mr. HALL. If necessary. 
 
 Mr. HENDERSON. Would he not ak the 
 Government of the United States to do it? 
 
 Mr. HALL. But I understand the intimation 
 is, that they will avail themselves of that 
 opportunity to rob us of our property. 
 
 Mr. HENDERSON. Let me correct the gen- 
 tleman. I stated this, that if we elected traitors 
 to State offices assuming ihat the gentleman 
 from Clay be correct this state of things 
 would probably occur. I say, when any at- 
 tempt is made on the part of Missourians to 
 secede, the Government would interfere and 
 drive them from power, and we are in honor 
 bound to ask them to do it. 
 
 Mr. HALL. And I will say more, you would 
 do right. But, Mr. President, I sustain the 
 
103 
 
 Government because I think it is the best gov- 
 ernment, and because I think those in authority 
 will discharge their duties to us ; and not for 
 the reasons that the gentleman gives out, that 
 we are to have our country destroyed by them. 
 I know their arguments, but I do not desire to 
 be frightened into the Union cause by threats, 
 and I want every body to understand that I am 
 not to be actuated by fear in reference to this 
 matter. 
 
 Mr. HENDERSON. Will the gentleman per- 
 mit 
 
 Mr. HALL. On the contrary, I have en- 
 countered more danger, and other Union men 
 in my part of the State have also, for sustaining 
 the Federal Government than we would if we 
 had sided, or seemed to side, with the other 
 party. I regret extremely, therefore, that the 
 remarks which have just been made should 
 come from the source they have. The gentle- 
 man is in Washington, and has, as is supposed 
 and as is true, favorable opportunities for know- 
 ing the sentiments of parties and politicians; 
 but I do not believe he correctly announces the 
 purposes of the Government. I believe if this 
 war is protracted it will result in the destruction 
 of slavery, in a great degree, in some of the 
 southern States, and I know it has already 
 resulted in the destruction of that interest in a 
 part of Missouri, and I know it has impaired it 
 all through Missouri ; but I deny that that was 
 the purpose of the Government. I say it was a 
 necessary incident to the war, and as such is 
 chargeable to the men who have brought the 
 war upon us. That is the way I reason it. The 
 gentleman says the northern people will not 
 stand by and see their sons slaughtered in con- 
 quering the south, unless they can get the 
 negroes. I tell you the people of the north have 
 no such attachment for the negroes that they 
 are going to barter the blood of their sons for 
 them. I do not claim to have any peculiar 
 knowledge of the northern States, except thro' 
 their representatives, and their representatives 
 tell me that the overwhelming voice of the 
 north is against the policy of the radicals in 
 Congress. I believe it; and if I believed that 
 the purpose of the Government was to convert 
 this war into an anti-slavery war, I would give 
 up all hope of the Union, and, more than that, 
 I say the Union ought to go. There is one 
 thing worse than disunion, and that is the con- 
 version of the whole Southern States into a 
 waste, peopled by brutal negroes alone ; for 
 that would be the effect of it. 
 
 In my opinion a dissolution of the Union 
 
 would be preferable to a war carried on for the 
 extermination of slavery in the Southern States, 
 for there it would be a question of the extinc- 
 tion of the white race or the black, and at 
 which humanity shudders. Such is not the case 
 with regard to Missouri. Her interest in that 
 question is not so important ; and in all con- 
 tingencies, in my opinion, the destiny of Mis- 
 souri and her interests require she should re- 
 main in the Federal Union. Now, I do not 
 wish it to be supposed, and I hope no gentle- 
 man here can construe anything I say into fa- 
 voring the proposition of the gentleman from 
 Clinton. My remarks have been callpd out by 
 the remarks of the gentleman from Pike, and 
 I thought it my duty because I have been in 
 the same theatre he has, although acting in an 
 humbler capacity to correct an impression 
 that might grow out of his remarks if not no- 
 ticed. But I am sincerely attached to the Un- 
 ion. I believe it is unwise and opposed to every 
 principle of right and justice to endeavor to 
 transfer Missouri to the Southern Confederacy. 
 [ believe her position is fixed, geographically ; 
 I believe we have the choice to remain in our 
 own hands ; and if we choose that part which 
 most contributes to our prosperity and to every 
 advantage we have in our natural position, we 
 will be at perfect peace. I wish the people of 
 Missouri to know that this Convention is op- 
 posed to having a disloyal Governor. I wish 
 them to know, further, that while we have not 
 been influenced by fear, we have been influenced 
 by a sense of duty, and I feel and know that 
 that sentiment alone controls my action. 
 
 Mr. HENDERSON. I desire to correct an im- 
 pression which, I understand, has been made 
 by my remarks on the minds of some, in addi- 
 tion to the gentleman from Randolph. If any 
 remarks that I have made have been construed 
 into a threat towards this Convention, or if it 
 be supposed that I intended to say the Govern- 
 ment of the United States itself was prejudiced 
 against the interests of Missouri, I wish it under- 
 stood that I did not intend it. I did not design 
 to say any such thing ; and yet, the gentleman 
 from Randolph has made his argument on the 
 ground that I have attempted to frighten the 
 members of this Convention. I simply design- 
 ed to say this, and I repeat it, that the people 
 of Missouri ought to know the true condition 
 of affairs, and that the Government of the Uni- 
 ted State?, so far, has done everything it could 
 to protect the people of the Border States. We 
 know these gentlemen seceded on the ground 
 that the institution of slavery was endangered, 
 
104 
 
 
 and eleven States went out ; and I remarked 
 that the five Border States, aided by the conser- 
 vative men of the Northern Stales, had so far 
 prevented the passage of any bill whatever in- 
 imical to the rights of the people of Missouri. 
 I did say, and I repeat it, that the necessary 
 result of this war is to ruin the people where ar- 
 mies are kept. I appeal to the gentleman him- 
 self, and I appeal to the loyal members of this 
 Convention, for the last twelve months. Have 
 we not lost property of every sort, and are we 
 desirous of having the scenes of the past re- 
 enacted, as they surely will be, and with ten- 
 fold force, if the Federal army is again com- 
 pelled to drive disloyal men out of the State? 
 The gentleman himself says the rebellion has 
 practically destroyed slavery in the Southern 
 States. 
 
 Mr. HALL. I say the war may involve its 
 destruction if it is protracted very long. That 
 is just what I said ; and that this would result 
 as a necessary incident to the war. 
 
 Mr. HENDERSON. That is just what I said; 
 that under the administration of McClellari, 
 whom we all recognize as friendly to the insti- 
 tutions of the South, it was impossible to keep 
 the slaves from running away, and that the 
 banks of the Chesapeake were filled with run- 
 away slaves, and that it was irnpossib'e to keep 
 them together ; and I intended to be understood, 
 not as attempting to frighten the members of 
 this Convention, but as making this statement 
 for their own cool judgment and understanding, 
 and to what they may do in the event of the 
 passage of a measure by Congress which is 
 considered necessary in the work of putting 
 down this rebellion. I again repeat, that, so 
 long as the President is Commander-in-Cbief 
 of tbearmies, he will do everything in his power 
 to protect the institution of slavery in the loyal 
 States ; but the President may be required to 
 declare the slaves free, especially in the seceded 
 States, and every gentleman can draw his own 
 conclusions as to what will be the result in the 
 Border Stales. Why, Mr. Piesident, the very 
 last act I did while at Washington, was to do 
 everything 1 could to defeat the proposition to 
 tax slaves in the United States ten dollars per 
 head. The proposition was defeated, but I see 
 it has since been renewed and attached to the 
 tax bill taxing slaves two dollars per head. 
 Whether it will be carried 
 
 Mr. HALL of Randolph. The proposition 
 was defeated in the House by a decided major- 
 ity, after three or four different attempts. 
 
 Mr. HENDERSON. I hope it will be defeated 
 again ; but it is certain a measure of that char- 
 acter will be adopted in the future. 
 
 Mr. HALL. It was defeated in the House on 
 the ground that it violated a provision in the 
 Constitution. 
 
 Mr. HENDERSON. I do not wish to protract 
 this discussion, Mr. President. 1 arose merely 
 to correct the impression which seemed to have 
 fastened itself on the mind of the gentleman 
 from Randolph, that I intended this as a threat. 
 I desire to say, that whatever course may be 
 adopted will not be adopted with the view of 
 destroying any institution of the loyal States, 
 but the necessary consequence is perfectly ap- 
 parent; and I merely intended to say that if 
 disloyalty got into the State again, and it' we 
 had to drive another Jackson out of Missouri 
 by Federal arms, the necessary consequence 
 would be the destruction of slavery and every 
 other kind of property throughout the State. 
 Have we riot an example of this ? Where is 
 Southwest Missouri to-day ? Almost literally 
 destroyed, as if the angel of destruction had 
 passed over it; and if we again have to go 
 through this ordeal, will not the necessary con- 
 sequence be the destruction of what is left? 
 
 The yeas and nays were demanded on the 
 amendment offered by Mr. Birch, and the vote 
 resulted, ayes , nays . 
 
 So the amendment was lost. 
 
 Mr. HOWELL. (In explanation of his vote.) 
 I vote against this amendment with the inten- 
 tion of voting against the amendment to which 
 this is an amendment. 
 
 Mr. STEWART. (In explanation of his vote.) 
 The reason I vote no is that I am in favor of 
 shooting the leading rebels of the State. 
 
 Mr. COMINGO. (In explanation.) I wish 
 to explain my vote, in so far as my consistency 
 in introducing an ordinance the other day is 
 concerned. When I presented that ordinance, 
 I was under the impression that we had consti- 
 tutional power to prohibit gentlemen from 
 holding office who have been engaged in rebel- 
 lion. Upon further examination of that sub- 
 ject, my views have undergone a change. I 
 presume no gentleman on this floor would go 
 further in restraining this rebellion and main- 
 taining the Federal authority than myself, un- 
 less there be some who are willing to transcend 
 the limits of the Constitution. I may be mis- 
 taken, but I believe we have no constitutional 
 power to prevent gentlemen from holding office 
 who have been guilty of disloyal acts ; and I 
 will remark here that I wish to be heard upon 
 
105 
 
 this subject when the proper occasion presents 
 itself. 
 
 Mr. SHANKLIN. The third section, as it 
 stands in the ordinance as reported, is not clear 
 to my mind, as to its constitutionality. The 
 Constitution has prescribed an official oath for 
 its officers, and whether we can prescribe a 
 different oath is questionable. 
 
 Mr. WELCH. I suggest to the chairman of 
 the committee to insert after the word " muni- 
 cipal," " <>r other civil officers." 
 
 Mr. McFi.RRAN. I accept. 
 
 Mr. WELCH. I desire to offer an amend- 
 ment to the amendment. Strike out " nor have 
 given aid, assistance or encouragement." My 
 object is to let the section stand so that all who 
 have tiiken up aims shall not hold office, but 
 not extend to thos-e who have given countenance 
 or encoui agement to the rebellion. It is going 
 into that uncertain sea to which our attention 
 was directed ihe other day. My impression is, 
 we have goiie far enough when we coi fine the 
 section to those who have taken up arms or 
 levied war. Both these terms are sufficient. 
 
 Mr. HALL of Randolph. I would inquire if 
 the chairman has any objection to inserting 
 the word >k wilful" before "aid." 
 
 Mr. MCFERRAN. None at all. 
 
 The PRESIDENT. It will be so ordered. 
 
 The vote was taken, and the amendment was 
 lost 
 
 Mr. COMINGO. If in order, I would like to 
 offer a substitute for the whole bill. 
 
 The PRESIDENT. It is not in order. 
 
 Mr. WOOLKOLK. I propose to amend that 
 section by striking out the word " countenan- 
 ced" and inserting "given aid or comfoit. :> 
 These wo'ds have a legal signification, but I 
 am not aware that the word u countenanced' 1 
 has a definite legal signification. 
 
 Mr. BHOADHEAD. I suggest to my friend 
 that he might just as well put it in the language 
 of the Constitution, and say " those who have 
 adhered to, or given aid or comfort." 
 
 Mr. WOOLFOLK. I will accept that. 
 
 Mr. HITCHCOCK. I wish to add this amend- 
 ment. Add, yf ler the words in the eighth line, 
 " who have always in good faith opposed the 
 same." 
 
 Mr. MCFERRAN. I suggest to the gentleman 
 to let the vote be taken as it is, and then it can 
 be offered. I accept the amendment. 
 
 Mr. MEYER. I have an amendment. Amend 
 by adding after the word " person,' 1 in section 
 third, the words " now in office." 
 
 Mr. MCFERRAN. I Lope it will not be 
 pressed. 
 
 Mr. MEYER. I withdraw it. 
 
 The amendment offered by Mr. McFerran 
 was then adopted. 
 
 Mr. Moss. I will now offer a substitute for 
 the whole thing. I will state that the proj osi- 
 tion is in substance what I talked about yester- 
 day and to-day to have no election to keep 
 the Provisional Government in and to keep 
 the Convention alive. 
 
 Mr. BROADHEAD. It seems to me a large 
 portion of that bill is not proper, as it differs 
 from the whole bill. It has reference to another 
 specific thing. 
 
 The PRESIDENT. The proposition before 
 the Convention is to regulate the qualifications 
 of voters ; but the matter is so mixed up that 
 I will allow the Convention to vote on this pro- 
 position. 
 
 Mr. HITCHCOCK. I desire to say a few words 
 about this proposition, and I desire the Con- 
 vention to reflect upon the reasons for adopting 
 or j ejecting it. As I understand it, we post- 
 pone the election of any Legislative body, and 
 the reason assigned is that we are not in a con- 
 dition to hold an election. Now, this question 
 was before the Committee on Elections, and 
 that committee have not seen proper to post- 
 pone the elections. I fully concur with the 
 me-sage of the Governor in favor of having 
 the Congressional election take place nearer 
 the time when the members elect shall take 
 their seats; and from what information I 
 can obtain, it seems altogether inexpedient that 
 at this time the Congressional election should 
 be postponed. 
 
 Mr. Moss. I do not think it refers to the 
 Congressional election. 
 
 Mr. HITCHCOCK. Very well. Then as- 
 suming that the Congressional elections are to 
 be held, you at once settle the whole ques'ion 
 of holding elections. If you can hold a Con- 
 gressionul election, what difficulty is th^re in 
 holding others? At any rate, in holding a 
 Congressional election we eucoun'er a large 
 portion of the difficulties whit h the gentleman 
 seeks to avoid. In regard to the Legislature, 
 it is absolutely necessary that one should be 
 elected, for it will be impossible for this body 
 to act as a Legislature. We may talk as much 
 as we please about the revised statutes and 
 about the Legislature wasting the time of the 
 people. Th.it is true, but I apprehend every 
 member here knows important questions aris- 
 ing out of this rebellion and already before 
 
106 
 
 this Convention, will be demanding the atten- 
 tion, which, as I conceive, it will not be possi- 
 ble for this Convention to bestow, and which 
 ought to be settled by a Legislature questions 
 in regard to the revenue, and the assessment 
 and collection of taxes, banks and railroads, 
 and various other things requiring the profound 
 consideration of a legislative body j and ques- 
 tions which must be settled before the State 
 can be put back in its former position. All 
 these things will press themselves upon the 
 minds of the Convention, and I undertake to 
 say the Convention cannot properly pass upon 
 them. I say, then, that it is of the highest im- 
 portance that a Legislature be elected, provided 
 an election can be held at all. I believe it 
 can be, and although restrictions have not been 
 adopted which I think ought to be adopted, 
 still I think that with the restrictions which, 
 I doubt not, the House will adopt, an election 
 can be held in nearly every county in the State. 
 I think it is the desire of the people that a Le- 
 gislature should be elected, and if we are con- 
 vinced that a Legislature can be elected, then 
 we ought not to postpone such an election. 
 
 Mr. McFERRAisr. I rise for the purpose of 
 moving the rejection of the amendment, for 
 this reason, that in voting on that amendment 
 we are either compelled to vote for it or vote 
 down the ordinance which has been reported 
 here, so far as the first section is concerned. 
 I do not think the Convention can, in justice 
 to itself, vote on the amendment, and I there- 
 fore make the motion to reject. 
 
 The VICE-PRESIDENT. The motion to re- 
 ject is not in order. 
 
 Mr. MCFERRAN. I will withdraw the mo- 
 tion with the understanding, that, if the first 
 section of the amendment is voted down, it 
 will not prevent our taking up the ordinance 
 on this subject which is now on the table. 
 
 Mr. Moss. I would not say a word more 
 if it were not for the fact that several members 
 have taken their seats since I spoke on this 
 subject yesterday. Now, sir, I think if the 
 members of this Convention had required any 
 evidence in the world to satisfy them of the 
 propriety of the proposition I am now making, 
 the discussion that has been had here to-day 
 ought to have satisfied them. We see, sir, that 
 there has been a struggle in this Convention, 
 this evening, in regard to fixing the restrictions 
 upon the voters and candidates. We find a 
 large number of the members of this Conven- 
 tion in favor of removing all restrictions both 
 from the voters and the candidates, as far as 
 
 any reference to the past is concerned, and we 
 have had a discussion this evening in connec- 
 tion with that subject, and remarks have been 
 made by distinguished gentlemen bearing upon 
 other subjects allied to this that will have great 
 influence on my mind in determining the action 
 I shall take in reference to this matter. It has 
 been intimated, Mr. President, that if we adopt 
 the policy suggested by the gentleman from 
 Clinton, the people would elect a State Legis- 
 lature unfriendly to the Union and terrible con- 
 s-quences would result therefrom ; and it has 
 been intimated that members elected and hold- 
 ing sentiments of that character, would not be 
 permitted to take their seats as members, but 
 that the State would at once be placed under 
 military government. And, sir, it is useless to 
 attempt to shut our eyes against these things. 
 There is a strong probability that such would 
 be the case. Then, as a matter of course, we 
 could not have an election without having re- 
 strictions thrown around our voters and candi- 
 dates that would insure the election of loyal 
 men. These restrictions have been looked upon 
 as an absolute necessity in case of an election. 
 A large number of the members of this Con- 
 vention have opposed these restrictions here 
 to-day by votes and speeches, and it will be 
 wholly impracticable to have an election with 
 no sort of restrictions; and if we undertake to 
 have an election with restrictions either upon 
 the voter or candidate, it will be unsatisfactory 
 to the people. They will not look upon it as 
 an election. They will look upon it as an at- 
 tempt to elect men of a certain class to office? 
 and to put the State under the control of men 
 holding certain sentiments, and the difficulties 
 and dangers that will arise among the people 
 growing out of these restrictions, in my hum- 
 ble opinion, will be very great. The proposi- 
 tion that I offer, then, is this. If the people are 
 not in a condition to vote without restrictions, 
 they ought not to have any election. If the 
 country is in danger, there should be no elec- 
 tion held. I am opposed to it, and for that 
 reason I have offered my substitute; and I 
 would say to gentlemen here to-day who have 
 been in favor of removing restrictions, that it 
 will be far more acceptable to their constitu- 
 ents, as I know it will be to mine, to have no 
 election, but to keep the Provisional Govern- 
 ment in, and this Convention by taking such 
 action will strengthen its hold upon the affec- 
 tions of the State of Missouri. I believe the 
 action of this Convention, upon the questions 
 of great vital interest that have been brought 
 
107 
 
 up before it, will demonstrate to the people of 
 Missouri that it is a conservative body, and 
 that we are for the Constitution and the Union 
 under it. In short, Mr. President, I do not see 
 that the adoption of the policy I have proposed 
 can result otherwise than beneficially to the 
 people under the circumstances that now sur- 
 round us. I think this matter will he apparent 
 to every one. No Union man can reasonably 
 object to this state of affairs. All that the 
 Union men in the State of Missouri can ask is, 
 that the State shall be kept in the hands of 
 loyal men ; and I would say to gentlemen in 
 this Convention who may represent constitu- 
 ents who have heretofore been unfriendly to 
 the Union for I desire to talk now to all par- 
 tiesand I say, that, to those who have been 
 favoring what is termed the Southern cause, 
 this arrangement would be more acceptable. 
 It is to reconcile the people everywhere. The 
 war is now ended, I presume, as far as Mis- 
 souri is concerned, and the great object now is 
 to get the people back upon friendly terms 
 with each other. Then, Mr. President, if you 
 would accomplish that great end, do not at- 
 tempt to have an election with restrictions 
 thrown around it that will favor the election of 
 one party in the State more than another. We 
 should have no elections until we can have 
 them under the old order of things Keep 
 your Provisional Government in, and keep this 
 Convention in as a legislative power, if any 
 legislation is required. The members of this 
 Convention were elected at a time when the 
 people were sane enough to look at the ques- 
 tion in all its bearings, and they elected men 
 in whom they had confidence. For a time that 
 confidence may have been withdrawn from the 
 Convention. It may have been lost by a por- 
 tion of the people of Missouri, and they may 
 for a time have been very hostile to it, but 
 these bitter feelings have given way and are 
 continuing so to do as the work of this Provi- 
 sional Government is understood and justly 
 appreciated. And I tell you it will continue 
 to grow in favor with the people, and we may 
 look forward with hope that the day is not far 
 distant when we can once more throw the polls 
 open and have a free and untrammeledelection; 
 but if you undertake to have an election now 
 with these restrictions thrown around it, I be- 
 lieve it will be attended with evils from which 
 the State will not recover for a long time. I 
 say that all the good that could be achieved 
 by having an election, can be achieved by keep- 
 ing the Provisional Government and this body 
 
 in existence ; and, believing that to be the fact, 
 I recommend such a course in preference to 
 having an election under the circumstances that 
 must necessarily surround us if an election 
 is attempted to be held. 
 
 Mr. ORR. As this is of a good deal of im- 
 portance and as many still desire to speak, I 
 move an adjournment. 
 
 The motion was lost. 
 
 Mr. Moss. I desire to make one further re- 
 mark. The last clause of the ordinance that I 
 offered provides for the qualification of voters. 
 It was suggested by the gentleman from St. 
 Louis that an election for Congress would ne- 
 cessarily have to take place. 
 
 Mr. LEEPER. I shall support the substitute 
 and will give some of my reasons for so doing. 
 I may vote for the ordinance as reported by the 
 committee, but if I do, it will be because I can 
 do no better. As I remarked yesterday, I am 
 opposed to test oaths. Now, I do not know 
 whether any member on this floor doubts my 
 loyalty, but I do not wish to see so many test 
 oaths put forward, and to avoid that I would 
 rather see the election put off and let the Pro- 
 visional Government go on as it has for the 
 past year. There is another thing. Under the 
 ordinance, as reported by the committee, de- 
 signing men can go forth as wolves in sheep's 
 clothing, and claiming to be loyal men, can 
 work upon the sympathies of the people and 
 get into office. Taking all these things into 
 consideration, I would rather see the election 
 put off until 1864. 
 
 Mr. HOWELL. I addressed the Convention 
 yesterday on the main proposition as contained 
 in the substitute offered by the gentleman from 
 Clay, and the substitute, as offered by the gen- 
 tleman from Clay, is made up of an ordinance 
 reported by a majority of the Committee on 
 Elections, and of another ordinance reported 
 by myself as a minority of the same committee. 
 I do not desire at this time to go into a discus- 
 sion to show the complications and embarrass- 
 ments that will grow up out of an election, 
 and which must occur at this time under any 
 system of oaths that can be devised by the wit 
 of man. I talked sufficiently yesterday, but 
 there is one idea that I desire to advance to 
 the Convention that I did not yesterday, and 
 that is this. That an election presupposes an 
 expression of the will of the people, and that 
 that election, when it occurs, will be abided 
 by. Now, Mr. President, let me ask, if this 
 election, if it should occur, will not have to be 
 made efficacious by the sword at last ? Sup- 
 
108 
 
 pose that Jackson was back here, supported 
 by his present Major-General of the Confede- 
 rate States, and obtains power again in the 
 State of Missouri, and finds here a Government 
 elected by a portion of the people under the 
 enactment of the test oaths of this Convention, 
 will not such a Government be scattered from 
 
 be somewhat familiar with our statutory 1 \ws 3 
 and I undertake to say that nothing is required 
 in the statutes, that I know of, so important 
 as to make it necessary to run the risks and 
 hazards that will follow an election at this 
 time. There are no reasons outside of the 
 statutes. As remarked yesterday, by the At- 
 
 this capitol and driven from the State ? Would torney-General of the State, there has been 
 they not be hung, sir, and otherwise punished? jtoo much legislation. He who has the confi- 
 I suppose no gentleman would pretend to say dence of the loyal men and the Government 
 that such would not be the case. Suppose, on I o f the State of Missouri, and who is the law 
 the contrary, that gentlemen supposed to have I exponent of the State, and who is supposed to 
 Southern proclivities, under any contingency i ^ e familiar with the statutory law of the State, 
 of State affairs that could be imagined, were ; has given it, sir, as his opinion, and upon his 
 to be elected in this State, would the Federal responsibility as a member of this Convention 
 
 authorities permit the inauguration of such a 
 Government, or the assembling of such a Le- 
 gislature, or the qualification of such officers 
 of the State? Most assuredly it would not. 
 The good sense of every gentleman in this hall 
 will teach him the correctness of the proposi- 
 tion I lay down. If that be the case, then 
 there can be no election in this State that the! the risk of the troubles and dangers growing 
 people will freely acquiesce in, and it is there- out of an election at this time? I should like 
 
 gentlemen to point out to me, if they can, 
 
 and as a law officer of the State, that there is 
 no legislation that is necessary at the present 
 time, as far as our great municipal machinery 
 is concerned. Then is there any legislation of 
 a political nature or consideration so important 
 and so urgent as to justify us in incurring the 
 expenses of a folly of that kind, and also run 
 
 fore a question of bayonets and bullets. It is 
 the military and not the ballot-box that is to 
 determine the matter. Then, if the ballot-box 
 is not efficacious, if it is dependent upon the 
 power of the Federal Government, then I am 
 unwilling that we should biing upon us the 
 trouble that will occur in the State of Missouri 
 under any arrangement for the holding of an 
 election at this time. Let me appeal to loyal 
 men here let me appeal to gentlemen who are 
 friends of the Union let me appeal to gentle- 
 men who look upon slavery as having no con- 
 nection with the Union, as I do let me appeal 
 to every gentleman to say where is the neces- 
 sity of further complicating our difficulties in 
 Missouri. Sir, have not nine-tenths of the 
 loyal men of Missouri full confidence in the 
 Government we inaugurated in July last? I 
 apprehend no gentleman will arise here and 
 say that it is not in the power of that Govern- 
 ment to administer the affairs of State. If that 
 Government has the confidence of the loyal 
 people and they believe it sufficient to carry 
 on the affairs of State, is it not competent to 
 appoint sheriffs, coroners, county court justi- 
 ces, and do everything necessary until we can 
 start the whetls of Government once more. I 
 apprehend it is. It is contended, however, 
 that the election of a Legislature is necessary 
 at this time. Now, sir, I have practised law 
 some little in this State. I have been a prac- 
 tising lawyer for twenty years and I profess to 
 
 where the urgency of legislation is at the pres- 
 ent time, and what are the items pressing upon 
 us with such force. 
 
 The gentleman tells us that our railroad sys- 
 tem is out cf gear, and that some leg sla'ive 
 action will be necssary in reference to it. It 
 may be so, but our Governor has not so in- 
 formed us. I have not heard it outside this 
 body. I have heard it from no other source 
 than the gentleman from St. Louis. P these 
 roads have been forfeited, I apprehend we are 
 not called to keep them in running order. The 
 Federal Government will do it until the rebel- 
 lion is suppressed, as heretofore. It is a mat- 
 ter of absolute necessity that the General Gov- 
 ernment should keep the roads in running 
 order, and they will see to it that they are kept 
 in good condition. And, sir, if we h >ve that 
 guarantied and secured to us as a military ne- 
 cessity, where is the necessity, in the present 
 disturbed condition of the money market of 
 this country, and in the face of this rebellion, 
 and in the face of difficulties of every kind, of 
 throwing our roads into the market by a sort 
 of bob-tailed Legislature, if you please, to be 
 sold we know not to whom ? For one, I pro- 
 test against it. We are looking to the time 
 when we will all be loyal in this country, and 
 when we can all legislate harmoniously to. 
 gether. 
 
 Sir, these railroads belong to all classes in 
 
109 
 
 this State, and so important a step, involving 
 the S^ate to the extent of twenty-five millions 
 of dollars, should not be taken ; and these roads 
 hould not be thrown into the market, and en- 
 dangered without the concurrence of all the 
 people, who have helped to foot the bill. Now, 
 the only thing the gentleman has pointed out 
 as showing the necessity of calling the Legis- 
 lature, is to devise means for facilitating the 
 collection of the revenue. The gentleman has 
 not condescended to point out in what particular 
 our revenue system requires legislation. I 
 have not scrutinized that matter closely, bat I 
 apprthend that we have a law on our statute 
 book now that applies to next year and the 
 year after, in reference to the levies for the 
 support of the Government ; and I apprehend 
 that the law provides collecting officers for the 
 revenue, and if there are any little details of 
 legislation necessary in connection with this 
 matter, this body is amply qualified to provide 
 for them. I apprehend this Convention is 
 fully competent to attend to all matters of 
 legislation that will be required. 
 
 We have districted the State, and provided 
 for an election for Congressmen. There will 
 be no necessity for the Convention to assemble 
 to elect Senators of the United States, as we are 
 fully represented in that body, and that repre- 
 sentation will hold their seats for the next one 
 or two years. 
 
 I have hastily run over the reasons which I 
 upposed would be urged for an election in 
 August next, and the reasons which would be 
 urged for the election of sheriffs and other in- 
 ferior officers, and I have attempted to meet 
 these objections j and I lay down the broad 
 declaration here that the suspension of the 
 elections prescribed under the Constitution, as 
 it now stands, will produce no break in any de- 
 partment of the Government. It is on the 
 right track, and all we have to do is to let it 
 remain there, and not run any risks in switch- 
 ing it off. Sir, suppose a Legislature should 
 be elected not satisfactory to the powers at 
 Washington. What would be the conse- 
 quence? Would there not 'be a conflict be- 
 tween the Government and the civil authorities 
 of the State, and Missouri would be governed 
 by military power as Tennessee is governed 
 to-day ? 
 
 Mr. President, I am a Missourian. I have 
 lived here twenty-seven years. I came here a 
 boy, and I know no other State 'and feel no 
 other interest than as I am connected with this 
 State and as this State is connected with me. 
 
 I have some property and a large family 
 linked with the destinies of this State. Some 
 of them are buried in the soil of Missouri, and 
 I expect to repose there myself. I can have 
 no other desire than to live here, for as the 
 State goes I must go, and all would go that is 
 near and dear to me. When, therefore, a 
 question so vital as the present is presented, 
 we have no right to endanger the safety of the 
 State by running risks, or indulging in experi- 
 ments. I appeal, then, to gentlemen who have 
 the interests and welfare of the State of Mis- 
 souri at heart as I have, and, as I suppose, each 
 and every member of this Convention has. I 
 appeal to them to pause and reflect deliberately 
 before casting their votes for a measure which 
 may again desolate the State with civil war. 
 I appeal to them to run no risks that will bring 
 about such a result. 
 
 Mr. McFERRAN. I regret exceedingly ex- 
 treme rashness in debate. The speech of my 
 colleague upon the committee, when it goes 
 forth to Ihe State, will create the impression, 
 in all probability, that the voters of this State 
 are to be disfranchised. Now, the proposition 
 for which the gentleman has offered an amend- 
 ment or substitute, contains no provision for 
 disfranchising any citizen of the State. I say, 
 sir, that this extreme manner of expression, 
 that conveys a false impression upon the coun- 
 try, is doing us more harm than any legislation 
 that will be accomplished by this body. To-day 
 I listened to a speech which, I fear, will create 
 the impression, when it goes over the S'ate, 
 that there is danger of the Union men of the 
 State rising in rebellion against the constituted 
 authorities of the nation on this negro ques- 
 tion. The idea, sir, is preposterous. I do not 
 suppose that the speaker contemplated that 
 such an impression would be made on the 
 masses of the S'ate, but I fear that such an 
 impression will be made. Now, sir, I appre- 
 hend there is no danger that the Union men of 
 the State are going into rebellion against the 
 constituted authorities of the nation on account 
 of the negro question. Neither, sir, do I 
 apprehend that if the election is held there will 
 be a solitary voter disfranchised in this State. 
 Then, sir, if no man is to be disfranchised, I 
 would like to know of gentlemen, when they 
 talk about the freedom of elections, what they 
 mean ? We do not propose to disfranchise 
 anybody, but it is proposed to prevent men who 
 have engaged in this rebellion from holding 
 office in this State during the continuance of 
 the present war j and the gentleman says, be- 
 
110 
 
 cause we do that, the effect of it is to destroy 
 the freedom of election. I say it is not so, but 
 that the effect of it is to destroy and prevent 
 crime. That is all. Shall we be told, when 
 an effort is made to prevent rebellion in the 
 State, that that is disturbing the freedom of 
 election? I think not, sir. But it has been 
 asked, here upon this floor, "where is the neces- 
 sity of a legislative body? If the Convention 
 continues in power, and the present Governor, 
 Lieutenant Governor, and Secretary of State, 
 why should not all the elections be postponed?" 
 I will tell you, Mr. President, why the elections 
 should not be postponed. The finances of 
 Missouri, her revenue, the source of her exist- 
 ence, require legislation of the most careful 
 character and of the most laborious kind. 
 Forty counties only in the State have paid in 
 their revenue for the past year. The men who 
 have undertaken the collection of the revenue 
 will need relief; for if the revenue law is to be 
 carried out as it now stands, it would ruin every 
 Sheriff in the State; many are now deterred 
 from collecting the revenue, under the impres- 
 sion that it would ruin them if the laws were 
 enforced. I would ask gentlemen how they 
 expect to carry on this Government and leave 
 the revenue of the State uncollected? As the 
 law now stands, but few men will undertake 
 its collection ; and those who have undertaken 
 it are trembling for fear the provisions of the 
 revenue law will be enforced. 
 
 And yet, the election is to be postponed. 
 They say we should have no election for the 
 Legislature, because it would bring on a con- 
 flict at the polls. I tell you, Mr. President, 
 we need an election for political reasons of 
 great importance. Those who have figured in 
 the rebellion in the State have always, with a 
 bold front, proclaimed they were a majority of 
 the people of the State. A test of that char- 
 acter, as to where the majority is, whether for 
 or against the Government, will do much good, 
 and show the minority that has inaugurated 
 this rebellion, the enormity of their crime. 
 But it is asked, "why not elect a Governor, 
 Lieutenant Governor, and Secretary of State, 
 if we elect a Legislature?" I will give as a 
 reason, that the Governor is commander in 
 chief of the militia ; that he is the chief ex- 
 ecutive officer in the State; and that if an elec- 
 tion is held for these officers, it is to be held all 
 through the State; and yet, in many localities, 
 perhaps a fair and full expression of the people 
 could not be had. Another reason why there 
 should not be a general election now is, that 
 
 the tendency to intemperate remarks, the ten- 
 dency to misrepresentation in debate, and the 
 thirst for power, is so great as to lead men to 
 cater to every prejudice and inflame every 
 passion ; and the people of this State should 
 not be approached in this way at this time. I 
 am, therefore, in favor, as the report of the 
 committee shows, of continuing the present 
 State officers, and electing all others. Another 
 reason why we should have an election now is, 
 that we should get rid of the military authori- 
 ties just as soon as possible. It will be a happy 
 day for Missouri, sir, when there is no military 
 force within its boundaries. Do you rely upon 
 the military Government instead of the civil 
 authorities ; and are we to teach the people 
 that they must no longer take an interest in 
 the civil Government, and that the burdens of 
 government no longer rest upon them, but upon 
 the military authorities ? I, for one, am op- 
 posed to schooling my constituents in that way. 
 If it is believed by a majority of the Convention 
 that the State officers can be safely elected now, 
 then, sir, I would say elect them. But, at all 
 events, elect our members of Congress, Legis- 
 lators, Clerks, Sheriffs, and other minor officers. 
 
 I heard it remarked, I believe on yesterday, 
 that some supposed that half of our people 
 were crazy, and that others thought all of them 
 were mad. Another gentleman made the re- 
 mark that others thought some of them were in 
 a trance ; but, be that as it may, I believe none 
 of our people are crazy or half crazy, or in a 
 trance. I believe our people are capable of 
 governing themselves if you will only give 
 them an opportunity. 
 
 Mr. President, no State ever required more 
 financial legislation than ours. But it may be 
 said that the Convention can do the legislation 
 just as well as the Legislature. This proposi- 
 tion I deny. This body is not a legislative 
 body ; it was not elected for that purpose ; and 
 it is quite impossible for the members of this 
 Convention to assume the duties of ordinary 
 legislation. This is the fourth time we have 
 met, and we have always refused to go into 
 ordinary legislation. Hence, I am in favor of 
 electing a Legislature fresh from the people, 
 and that will take into consideration the great 
 interests of the State, and discharge their duties 
 to the State. 
 
 Mr. McCoRMACK. I am of the opinion that 
 there is nothing that can be done that will be 
 more conducive to the peace of the State of 
 Missouri than to let the people elect their of- 
 ficers for their own government. We are told, 
 
Ill 
 
 Mr. President, by some gentlemen that we wil 
 produce a great amount of irritation by test 
 oaths. What irritation can this oath produce 
 in the minds of loyal men ? I see nothing in 
 the world calculated to irritate loyal men by 
 taking this oath. I, sir, am in favor of re- 
 stricting the people of Missouri, but at the 
 same time I do not wish to debar any man 
 from the polls. Mr. President, there is no fear, 
 in my mind, about the propriety of this thing. 
 I am fully convinced that if we put proper 
 restrictions around the polls, as we should do, 
 the people will elect their own law-givers, and 
 that of itself will go far towards restoring the 
 peace of Missouri. I do not think the people 
 should object to safeguards. A large number 
 of the people are friends of the rebellion. 
 There are men in the country who were array- 
 ed in a war for desolating our State, and they 
 have filled the State, from one end to the other, 
 with the wail of the widow and the cry of the 
 orphan. J am not in favor of these men hold- 
 ing office. I think that men who have been 
 engaged in rebellion against the Government 
 should not be allowed to hold office; and I 
 think the voters should not be allowed to vote 
 for such men, who have been guilty of such 
 unlawful acts. Now, there are a great many 
 gentlemen who seem to be remarkably fearful 
 that we are going to do a great amount of mis- 
 chief. I fear we shall do mischief by refusing 
 to act as the exigencies of the times demand. 
 There is no higher privilege than that of the 
 elective franchise. If we continue ourselves 
 in existence, we usurp powers that properly 
 belong to 1he people, and we should let them 
 elect officers to suit themselves. I admit the 
 present Government of Missouri has done an 
 immense amount of good in the State; but I 
 believe now is the time for us to take ourselves 
 out of existence, and to commit to the people 
 the trust of their own liberties, by allowing 
 them to elect officers to make laws for them. 
 I hope, Mr. President, that this subject will be 
 calmly reflected upon before any final action 
 is taken. 
 
 Mr. PIPKIN. I desire to say only a few 
 words not to discuss the merits of the propo- 
 sition, for that has been ably done by abler 
 men, but simply to say, sir, that I am in this 
 Convention actuated by the same motives which 
 actuated me in the previous sessions of the Con- 
 vention. At the July term of this body, the 
 proposition was made to bring the elections on 
 in September. I opposed it; but the elections 
 were postponed until November. Again, at 
 
 the October session, th* proposition was intro- 
 duced to postpone the elections until August, 
 and I supported it for the reason that, at the 
 time we were in session, I was satisfied in my 
 own mind that the people were not in a condi- 
 tion to go to the polls, and vote quietly and 
 dispassionately, as in former times. I am still 
 of the opinion, sir, that an election brought on 
 in August would result in evil instead of good, 
 and with that understanding, I am free to ad- 
 mit that I am willing to retain the present Pro- 
 visional Government in power to retain them 
 in power sufficiently long to enable the people 
 to go to the polls and choose those whom they 
 wish to serve them, and to choose them under 
 circumstances that cannot be claimed to be a 
 partial or one-sided election. Now, in my por- 
 tion of the State, there are many counties 
 which have neither sheriff, clerk, or coroner. 
 I have not heard of any appointments made in 
 Southeast Missouri by the present Provisional 
 Government, and consequently these counties 
 are without these officers. No poll books can 
 be made out for them, and no election can be 
 held there. Now, if there shall be an election 
 in August, our proceedings cannot be publish- 
 ed to go out into the State, and especially in 
 my part of the State, because there are no 
 mails ; so that the citizens will be unable to 
 know whether there is an election or not. I 
 corresponded with Thomas B. English of Cape 
 Girardeau last November, and only a week be- 
 fore I came to this Convention he informed 
 me that he had just received my letter ! Only 
 six months ! So, it is impossible for a large 
 portion of Southeast Missouri to be heard in 
 an election ; consequently no representatives 
 to the Legislature can be elected from that part 
 of the State who will reflect the will of the 
 people. 
 
 But I have another reason, sir, for desiring 
 to postpone this election. It is that the people 
 are beginning to quiet down, and are becoming 
 satisfied with the present Provisional Govern- 
 ment. Heretofore, many citizens many Un- 
 ion men, (and when I speak of Union men, I 
 speak of those who have always been so, in 
 contradistinction to Southern sympathizers) 
 condemned the action of this body, on the 
 ground that it ought to have been done by the 
 people, and that the Convention ought to have 
 been elected^for that purpose ; but they are 
 now becoming satisfied that the Provisional 
 Government has worked well ; that the wheels 
 are running with tolerable smoothness, and 
 that the business of the State is being proper- 
 
112 
 
 ly conducted, and its dignity preserved, and 
 they are at la-t willing to submit to it until 
 such period of time as they can have their elec- 
 tion, and choose loyal men and not secessionists 
 to serve them. Sir, another reason which I 
 have for desiring a postponement is that there 
 is to be sprung upon the people of this Sta'e. 
 at this coining election, if it shall take place, 
 that pestiferous negro question which has been 
 voted dow.i by such a decided majority of this 
 Convention. Let those men who expect to 
 hold fat offices under this emancipation scheme 
 be disappointed, and the people will be quieted 
 down and go to work as in former times. But 
 if this ordinance is voted down, this question 
 will be forced on the people, and we will be in 
 a broil throughout the State. For that rea>on 
 I am opposed to having an election. I am op- 
 posed to test oaths. I only desire men to sup- 
 port the Constitution of the United States and 
 of the State of Missouri; and when they have 
 done th-.it, if they will perjure themselves on 
 that oaih, they will perjure themselves upon 
 all the oaths you can bring forward. I say, 
 then, 1 am opposed to prescribing to the voter 
 or candidate the test oaths that have been pro- 
 posed here. I desire nothing more than that 
 he shall be required to support the Constitution 
 of the United States and State of Missouri. A 
 man can be tried for perjury for violating this 
 oath just as easily as for violating any other; 
 so that, for these reasons, I think the substitute, 
 so far as the postponement of the election is 
 concerned, should be adopted, and I am in 
 favor of it. But more particularly, I am 
 opposed to bringing on the election in August, 
 because of the impossibility of getting a fair 
 and united vote. 
 
 Mr. McCoRMACK. If we continue this Con- 
 vention in power, how much representation 
 would Southeast Missouri have? 
 
 Mr. PIPKIN. She will have just what she 
 has now; and the people would rather have 
 those that were originally elected than to go 
 through the farce of another election. The 
 people know whom they elected then, and if 
 they are to be deprived of voting at an election 
 at this time, which would be the effect of the 
 action here proposed they would have no rep- 
 resentation at all iu' the Legislature. A large 
 number of the counties are wholly destitute of 
 any municipal organization. Under these cir- 
 cumstances, I will not consent that an election 
 shall be brought on for my portion of the State. 
 
 Mr. HALL ot Rando'ph I am not as well 
 informed as to the condition of the State as are 
 
 most of the members here present. I have 
 taken pains to ascertain the condition of one 
 section, and they tell me they can safely hold 
 an election there, and can return loyal men. 
 Taking the section I am best acquainted with, 
 they tell me that a resumption of business has 
 taken place ; and that the holding of the courts 
 has had a good effect, and induced a return to 
 the old order of things; and they think a re- 
 turn to the old order of things will have a strong 
 tendency, by the force of habit as well as other 
 influences, to bring the people back to their 
 allegiance to the Government. Now, I am 
 opposed to the election of a Governor and 
 other State officers, and the reasons that apply 
 are peculiar. It is necessary that w- shall not 
 only have a loyal Government, but it is neces- 
 sary that we shall have a Governs that has 
 the confidence of the powers at Washington. 
 That is the case with our present Governor. 
 He has made arrangements with the Govern- 
 ment at Washington that are necessary for the 
 well-being of the State, and these arrangements 
 were brought about mainly by the confidence 
 they had in him personally. Now, if we elect 
 another man, the arrangements that have been 
 made at Washington may be much interfered 
 with, and injurious effects may result. 1 am 
 opposed, therefore, to the election of a Gover- 
 nor, not because we may not select a good man, 
 but because we have already selected a man 
 not only agreeable to ourselves, but one who 
 has the confidence of the powers at Washing- 
 ton. We have such an one now, but we have 
 no security that by an election we would get 
 such a man. 
 
 With regard to an election of members of 
 Congress, it seems to me we should have an 
 election at some period before the expiration 
 of the present Congress. The general impres- 
 sion at Washington is that there will probably 
 be an early session of the new Congress, and 
 that it will have important duties to discharge 
 in relation to the restoration of the country to 
 its proper condition. Th* general impression 
 is that that Congress will be called early, and 
 that there will be an imperative necessity for 
 it; and it is important that Missouri should be 
 fully represented in that Congress. It is a 
 matter of great importance to the welfare of 
 the whole country. Now, sir, if we are to 
 have an election between this and the fourth of 
 March next, I have reason to believe we can 
 have that election in this State in August, 
 without disturbing the peace and order. I do 
 not know what may be the state of things in 
 
113 
 
 this Si^ate six months hence. I hope it may 
 continue to improve ; but we have met with 
 extraordinary reverses here, and every one 
 must feel some distrust for the future. As 
 the time is near at hand at which an election 
 would regularly come, and as the present ap 
 pears propitious for a peaceful election, I pre 
 fer that it should take place in August, rather 
 than be put off to a more remote time, when 
 everything must be uncertain. 
 
 In regard to an election for members of the 
 Legislature, it is, in my opinion, most prudent to 
 have it as soon as possible, and not put it ofl 
 to a period when reverses may overtake us. It 
 is far bet'er that that election should come ofl 
 simultaneously with the other, so that the busi- 
 ness of elections may be over at once. Now, 
 sir, I feel that I am incompetent as a legislator 
 for the people of this State. I feel that this 
 Convention is not of the material best adapted 
 for the Legislature of this State. I believe it 
 would give more satisfaction to the people to 
 have a Legislature elected by themselves, and 
 fresh from them. 
 
 The questions that the people feel the most in 
 terest in are local questions. We cannot be in- 
 formed of these. There are many things 
 arising in many parts of the State that we do 
 not feel prepared to act upon. 
 
 There is another thing in regard to this mat- 
 ter to which I wish to allude. It has been 
 charged that we have shown a disposition to 
 usurp power. Now, I have endeavored, as far 
 as my action has been concerned, and I believe 
 the Convention has, to avoid even a pretence 
 looking to such a result ; and I want to relieve 
 the minds of the people in this respect. When 
 they discover we are not disposed to assume 
 unnecessary power, they will have more con- 
 fidence in us. I have come to the conclusion 
 that it will be better to cut off the election of 
 Governor, and provide that the Governor shall 
 fill the unexpired term. We have made that 
 provision as to every office that has been vaca- 
 ted by the action of this Convention. We have 
 filled them for the unexpired term. 
 
 With regard to a Legislature, we must have 
 that, and I hope that, once for all, we will pro- 
 vide for the election of a Legislature, and re- 
 lieve ourselves of the responsibilities that would 
 otherwise fall upon us. 
 
 Mr. LONG. Many excellent reasons have 
 been offered why the election should be post- 
 poned, but among the number I was surprised 
 at one offered by the gentleman from Ironton, 
 (Mr. Pipkin). He tells us that in somecoun- 
 
 8 
 
 ties of his district they have no sheriffs or 
 clerks not even a coroner or constable. 
 Well, now, it is rather singular to me, if the 
 chief executive of this State has ignored that 
 part of the country by failing to appoint the 
 proper officers, why the gentleman should ask 
 to retain the chief executive in office who has 
 thus neglected them. 
 
 Mr. LEEPER. Will the gentleman allow me 
 to rectify him? Since I have been here, Gov. 
 Gamble has called upon me to furnish a list of 
 names of men that were loyal, to fill the differ- 
 ent offices. But I am unable, in several of the 
 counties, to find men who are loyal. [Laughter.] 
 
 Mr. LONG The gentleman will see that I 
 do not complain of the action of the Governor. 
 I am only passing upon the remarks of the 
 gentleman from Ironton. Now, the gentleman 
 says he voted, on _a former occasion, for a 
 continuation of the election. The gentleman 
 will find that almost the entire portion of this 
 body who voted to put off the election in Octo- 
 ber are now voting to put it off. What is the 
 reason? Are they afraid that we cannot get 
 the votes of the loyal men of the State? No. 
 Are they not afraid of the vote that will be 
 given by the loya) men of the State, and do 
 they not desire to put off the election until the 
 disloyal men of the State can come back and 
 vote? I think that is the fact. I have no 
 doubt of the loyalty of Gov. Gamble and his 
 associates. 
 
 Mr. Moss. I would ask the gentleman if 
 there are not four times more Union men out 
 of the State than rebels. 
 
 Mr. LONG. My opinion is there are not. I 
 believe there are more rebels gone from Mis- 
 souri than Union men. 
 
 Mr. PIPKIN. I can inform the gentleman 
 that I am opposed to bringing on thu election 
 until such time as we can have a quiet, peace- 
 able and fair election. At first, I opposed a 
 postponement of the election ; but when we 
 assembled in October, the gentleman from St. 
 Louis (Mr. Long,) and others moved that the 
 election be postponed until August. I voted 
 in favor of the proposition, and shall vote for 
 it to-day for the same reasons. We might be 
 able to get a bob-tailed Legislature here, but 
 that would be all. The people of the State are 
 not in a condition to vote. I want my people 
 to vote; and if they are not in a condition to 
 vote, I am not to blame. I take it for granted 
 that the secession army and the Federal army 
 have both had a great deal to do in running the 
 people out of the country. 
 
114 
 
 Mr. LONG. The gentleman will remember 
 another important reason he gave at St. Louis 
 why the election should be put off, and that 
 was he held our acts to be unconstitutional, 
 and that they had no legitimacy about them. 
 
 Mr. PIPKIN. Yes, sir; and I am of the same 
 opinion still. But that has never changed my 
 position in regard to this qiu-stion. I am sin- 
 cere and honest in the views I have taken. 
 My object has been to subserve the best inter- 
 ests of the people* I do not know what the 
 views of my people are, for I have not been 
 able to ascertain them. I shall, therefore, vote 
 according to my best judgment; and I shall 
 vote to postpone the election until such time as 
 the people can give a full and fair expression 
 of their wishes. I believe the people of South- 
 east Missouri are just as loyal as any people 
 on earth, and to a Government based on our 
 Constitution ; but they do not endorse Mr. Lin- 
 coln. 
 
 A motion was made to adjourn. 
 
 The PRESIDENT. Before putting the motion 
 I return the thanks of the Convention for the 
 very elegant bouquet that has been placed on 
 my stand by the ladies of Jefferson City. 
 
 Mr. ALLEN. I move a vole of thanks to the 
 ladies. 
 
 The motion was agreed to. 
 
 The PRESIDENT. Before putting the motion 
 to adjourn, perhaps this session of the Conven- 
 tion will close my connection with it, for I 
 shall return to Washington City to-morrow. 
 We have been four sessions in Convention to- 
 gether, and in parting with you, gentlemen, 
 permit me to say that I feel the utmost respect 
 for every member of the Convention ; and hope 
 we have done something to conseive the wibhes 
 and happiness of the people of this State. 
 
 The Convention then adjourned until nine 
 o'clock Monday moining. 
 
 SEVENTH DAY. 
 
 JEFFERSON CITY, 
 Monday, June 9, 1861. 
 Met at 9 A. M. 
 Prayer by the Chaplain. 
 
 QUALIFICATIONS OF VOTERS. 
 
 Mr. HOWELL. I think we are in such a state 
 of confusion that I can hardly tell how to vote. 
 In order to obtain the sense of the House on 
 the great fundamental principle here, I will ask 
 that the report of the Committee on Elections, 
 and the substitute as offered by the gentleman 
 from Clay, be temporarily passed over, to give 
 me an opportunity of testing the sense of the 
 House upon a resolution which I ask may be 
 read for information : 
 
 Resolved, That in the opinion of this Con- 
 vention the Provisional Government should be 
 continued in office for the residue of the term 
 for which C. F. Jackson was elected ; and that, 
 in the disturbed condition of the State, the elec- 
 tion for State, county, and township officers 
 should be dispensed with until greater harmony 
 is restored to the country. 
 
 The VICE PRESIDENT. The question is on 
 suspending the rules to allow the gentleman to 
 introduce his resolution. 
 
 The Convention refused to suspend the rules. 
 Mr. Moss. I rise, sir, for the purpose of 
 withdrawing my substitute for the time, and I 
 desire to give my reasons for so doing. I find 
 that there are some of the friends of the sub- 
 stitute which has been offered by myself, who 
 are desirous of voting on the proposition for 
 placing restrictions upon office-holders ; and as 
 this is a substitute for a proposition, it has been 
 supposed by some friends of that measure that 
 if this substitute be adopted they can have no 
 vote upon the proposition to place these restric- 
 tions npon the candidates for office. I will, 
 therefore, withdraw it, as I have no desire to 
 put anything in the way of a vote on that pro- 
 position as an independent proposition. 
 The substitute was withdrawn. 
 Mr. MCDOWELL offered a substitute sub- 
 stantially the same as the original. 
 
 Mr. MCFERRAN. I rise to a point of order. 
 If I understand the reading of the substitute 
 correctly, the only matter of difference between 
 it and the original proposition is, that it pro- 
 poses to administer the oath after the election 
 of the officers instead of before. This question 
 was decided by the Convention yesterday. It 
 
115 
 
 is not admissible, after the Convention has 
 passed on a question, for a gentleman to come 
 hack, under the fo'in of an amendment or 
 substitute, and fi\-h for another vote of the Con- 
 vention on the saute question. 
 
 The VICE PRESIDENT. I will state to the 
 gentleman that the understanding of the Chair 
 oT parliamentary law is this, that when a sec- 
 tion has been agreed to by the Convention, that 
 section is no longer subject to amendment, it 
 having been agreed to. The substitute offer*- d 
 by the gentleman to the whole proposition goes 
 farther than the section to which the gentleman 
 alludes ; and while I might decide one section 
 of that substitute out of order, I could not de- 
 cide the whole out of older. 
 
 Mr. McFERRAN. I withdraw the point of 
 order. 
 
 Mr. McCoRMACK. I propose a substitute 
 for the substitute. 
 
 The VICE PRESIDENT. It is not in order. 
 
 Mr. BRECKINRIDGE. We have spent a great 
 deal of time making amendments and offering 
 substitutes, and we are likely to become utterly 
 confused, so that we shall not know what we 
 are voting for. I suggest to the Convention 
 that I have read, or tried to read, the substitute 
 offered by the gentleman from Bade, (Mr. 
 McDowell,) ant! I do not see any difference at 
 all, substantially, between that and the other 
 ordinance, except in this: that, whereas, the 
 one before us provides tjjfrt candidates shall 
 take the oath, the one offered by Mr. 
 McDowell proposes to swear the gentlemen 
 after they are appointed. What I wish to sug- 
 gest is this, as probably the way in which we 
 can be best satisfied. Let us go on wit.h the 
 bill as reported by the committee, and make 
 such amendments as are necessary; and then, 
 if the Convention is not satisfied, I understand 
 that they can at that point offer a substitute foi 
 the whole bill. I wish to ask the Chair whether 
 I am right in saying this? 
 
 The VICE PRESIDENT. I think so, sir. 
 
 Mr. BRECKINRIDGE. Therefore, I ask the 
 gentleman to withdraw the substitute until we 
 can have action on the bill reported by the 
 committee. 
 
 Mr. McDowELL. I will withdraw my sub- 
 stitute. 
 
 The VICE PRESIDENT. The question before 
 the Convention is on agreeing to the first section 
 of the ordinance as reported by the Committee 
 on Elections. 
 
 Mr. BRECKINRIDGE. I wish to offer an 
 amendment to the first section. 
 
 The VICE PRESIDENT. I will state to the 
 Convention that, so far as the Chair is con- 
 cerned, I shall require a vote on the final pas- 
 sage of the ordinance, after the sections are 
 acted upon. I so regard the parliamentary law, 
 although the President of this Convention 
 decides differently. 
 
 Mr. BRECKINPIDGE then offered the follow- 
 ing amendment to the first section : " And I do 
 further solemnly swear, or affirm, that I have 
 not, since the first day of August, taken up 
 arms or levied war.'' I am aware that this 
 question has already been passed upon by the 
 Convention, but I think I am not mi-taken in 
 saying that it has not been passed upon in such 
 a manner as would denote clearly the will of 
 this body on it. I have heard several members 
 of the Convention say 'hat, in voting upon the 
 amendment to the original bill offered by the 
 gentleman fiom Greene, there wereothermatters 
 coupled wi'h that motion which did not receive 
 their support. I desire now to present this 
 single point, stripped of any other consideration 
 whatever. The matter proposed by my amend- 
 ment is simply this. The language of the 
 original bill applied to voters a retrospective 
 qualification. I do not wish to discuss it, 
 because the House has already heard it talked 
 of. I only wish to expres" my opinion that it 
 is absolutely essential that the Convention 
 should require that tho^e who have borne arms 
 against the United States, and proved them- 
 selves in acts to be traitor? that they should 
 be stripped of the right to vote in this State 
 at all. I cannot see how gentlemen of known 
 loyalty and in whose wisdom and experience I 
 have great confidence can differ with me. I 
 know they are honest ; but I have such a firm 
 conviction that this action should be taken, 
 that I am unwilling to let it pass without an 
 opportunity to vote. 
 
 Mr. VANBUSKIRK. Would you notbe willing 
 to insert the word "wilfully" before "levied 
 war?" 
 
 Mr. BRECKINRIDGE. Certainly, sir. 
 
 Mr. ORR. The Chair has decided that when 
 a question has been voted upon the same thing 
 cannot come up again. We have decided 
 already that we would not make this retrospec- 
 tive at all. I submit that it is not in order. 
 
 The VICE PRESIDENT. I do not remember 
 the phraseology of the original ordinance, and 
 I cannot decide unless I have it before me. 
 
 Mr. HENDRICKS. I think it is the same 
 thing. 
 
 Mr. BRECKINRIDGE. I will explain. I hold 
 
116 
 
 in my hand the bill originally reported by the 
 committee. To that first section the gentleman 
 from Greene offered an amendment in these 
 words : "or who have since that time adhered 
 to or given aid, assistance, or encouragement 
 to those engaged in carrying on the present 
 rebellion." 
 
 The VICE PRESIDENT. Then the amend- 
 ment is not in order. 
 
 Mr. BRECKINRIDGE. May I be allowed to 
 change my amendment by inserting "the 17th 
 of December," (which is the time the amnesty 
 expired,) instead of "the 1st of August?" 
 
 The VICE PRESIDENT. The amendment of 
 the gentleman is now in order. 
 
 Mr. HOWELL. I rise to a privileged question. 
 In the notes of my remarks in the debates on 
 the report of the Committee on Elections, pub- 
 lished in the Republican of yesterday, I am 
 reported as having said that I think secession 
 has done more than anything else to destroy 
 slavery, and that I regard it as bad as radical 
 abolition. Now, Mr. President, I said, or 
 intended to say in substance, that I regard 
 abolition agitation as responsible for secession, 
 but that this rebellion has accomplished more 
 injury to slavery in a few months than even 
 abolition could have effected in as many years, 
 and that they are co-workers in the destruction 
 of that institution, 
 
 Mr. COMINGO. If I understand the amend- 
 ment, it proposes to disfranchise all those who 
 have been in arms against the Government, 
 since the 17th of December last. It is, in ef- 
 fect, the same as the ordinance reported by the 
 Committee on Elections, &c., relative to can- 
 didates for office, except that it fixes the 17th 
 of December as the period past, beyond which 
 it will cease to operate. 
 
 Mr. President, upon the subject of this 
 amendment, I wish to offer a few thoughts. I 
 do not desire to occupy the time and attention 
 of this body unnecessarily ; but I wish to pre- 
 sent my own views with regard to the difficul- 
 ties growing out of the amendment, and the 
 objections which it appears to me may be 
 justly urged against its adoption. 
 
 We are told, sir, by an ancient proverb that 
 " When Doctors disagree the patient dies.'' I 
 trust that this prove) b may not have an exem- 
 plification in the history of our own State, and 
 the action of this body, designed to remedy her 
 present disorders. I trust that the State will 
 survive the numerous prescriptions that the 
 Doctors here assembled have made, and still 
 are making, for her welfare. But if the adage 
 
 prove true with regard 1o States as well as in- 
 dividuals, I fear our own State will soon go- 
 the way of all the earth ; for I assure you I 
 never before witnessed so great a diversity 
 of opinion touching the ailments of a patient, 
 and the kind of treatment best suited to cure 
 the malady. Some are for amputation, some 
 recommend very powerful restrictions in the 
 way of a limitation to the exercise of former 
 rights and privileges, and some favor milder 
 measures a kind of homeopathic treatment. 
 It is very difficult for me to tell which of these 
 remedies would be attended with the best con- 
 sequences. Now, I entertain no kind of doubt, 
 that a very large majority of this body, if not 
 every member, wish to do that which will be 
 most beneficial to the State, and which, in its 
 effect, will be most likely to produce harmony 
 among the people, and restore them to that 
 state of prosperity and peace with which they 
 were blessed in times gone by. I presume 
 that these are the chief objects of our assem- 
 bling at this time, and surely we should labor 
 most faithfully and zealously for their attain- 
 ment. I would not for one moment entertain 
 the thought that there is on this floor a member 
 who could wish to say or do aught calculated 
 to produce further agitation in the State, or to 
 keep alive the evil influences that have already 
 done so much to destroy our peace and desolate 
 our homes. 
 
 I believe that the people of the State to-day 
 are longing for peace, and that they would hail 
 its return with joy and gladness. They have 
 become sick of agitation and all its attendant 
 evils ; and, although it is plain to every reflect-, 
 ing mind that there is but one way to avert 
 them, it appears impossible to make them reaU 
 ize this fact, and to induce them to act in con-* 
 cert for the attainment of the end they so 
 greatly desire. Yet, I hope the day is not far 
 distant when they will do so when, with uni- 
 ted purpose, they will labor to uphold and 
 strengthen the Government of their fathers, 
 and maintain it in its purity and integrity. I 
 regret, however, that I cannot believe that the 
 sympathies of the people of Missouri have un- 
 dergone such a change as to render them all 
 truly loyal. I regret to believe that the seces- 
 sion heresy is stiH aHve in the minds of the 
 masses in many parts of the State, and that it" 
 will take many years, perhaps, to remove them 
 all from beneath its baleful influences. Yet, 
 I insist that, notwithstanding their sympathies 
 are thus misled and in error, the masses desire 
 peace, and will accept it on fair terms, I have 
 
117 
 
 no doubt. Thousands of those who call them- 
 selves "Southern men" and say their "sym- 
 pathies are with the South," and use other 
 equally ridiculous expressions to define their 
 views, now realize the fact that the Federal 
 relations of Missouri are irrevocably fixed, 
 ami will in a short time return to the fold, and 
 yield a cheerful and cordial support to the 
 Government, if they receive such encourage- 
 ment as returning prodigals ought to expect at 
 the hands of their loyal, and, consequently, 
 more worthy brothers. 
 
 Now, sir, for these, and for other reasons 
 which I will yet present, I feel constrained to 
 oppose the amendment of the gentleman from 
 St. Louis, ^Mr. Bieckinridge,) and I do so 
 from conscientious convictions of duty I do 
 so, sincerely doubting the policy of the meas- 
 ure, even if 1 were prepared to admit the pow- 
 er of this body to impose the restriction con- 
 tained in the amendment. This is an admis- 
 sion, however, which I am not .prepared to 
 make. It has been but a few days since I 
 offered an ordinance in this body relative to 
 the qualification of candidates for office, con- 
 taining one clause very similar to this amend 
 ment. I have since thought of, and examined 
 into the subject to some extent, and the result 
 is that my mind has undergone an entire change 
 as to the question of the power to impose the 
 contemplated restriction upon the exercise of 
 the elective franchise. 
 
 You will permit me here to remark that I am 
 by no means prepossessed in favor of secession 
 nor any of the kindred heresies. I came here 
 fully impressed with the belief that this terrible 
 doctrine is the chief source from which has 
 sprung all our present evils. The land bears, 
 and will long bear, the marks of its blighting, 
 desolating influences. They are everywhere 
 present. Ruined farms, neglected agriculture, 
 crippled commerce, distracted finance", sus- 
 pended schools, closed churches, disturbed so- 
 cial relations, and mourning households, are 
 the monuments erected to its memory. The 
 whole land is filled with sorrow the voice of 
 mourning and its melancholy emblems are ever 
 present, and the wail of the widow and the 
 orphan is borne upon almost every breeze. 
 These are some of the results, clearly traceable 
 to one common source ; and if we may judge a 
 tree by its fruit, or a fountain by its stream, so 
 may we judge a principle by its effects ; and us 
 a bitter fountain can never send forth sweet 
 water, so an evil principle must produce evil 
 effects. But there are other bitter, very bitter. 
 
 fruits issuing from this heresy, which I have 
 both seen and tasted myself. Well do I re- 
 member how fearfully the minds of men, and 
 I may say women too, became unsettled, and 
 how far their sympathies and feelings were led 
 astray; and well do I know the extent to which 
 these evils go at the present hour. Well do I 
 remember the odium with which many regard- 
 ed the man who persisted in his devotion to 
 the Union and Government of his fathers. 
 And I cannot forget that on more occasions 
 'han one, I was told the time had come when 
 Union men could no longer be permitted to live 
 in this State. Nor can I ever forget having 
 been met on the highway, by some half dozen 
 men, about the time or shortly after the sur- 
 render of Lexington, and having had this same 
 declaration reiterated to me by one of the num- 
 ber, accompanied with oaths and threats of 
 terrible import, which gave to the speech, ut- 
 tered as they were, a sort of rude eloquence 
 as well as fearful profanity. This expression, 
 "the time has come when Union men must 
 leave," and others of similar import, were by 
 no means uncommon. They were not uttered 
 by a few isolated beings whose judgments were 
 perverted by passion j they were the utterances 
 o'f many, and were iierattd and reiterated 
 throughout the length and breadth of the land, 
 and the sentiment found a most cordial response 
 f rom the hearts of thousands } and among them 
 were those from whom, owing to their rearing, 
 position in society, and high pretensions, we 
 would most certainly have looked for better 
 things. Such, then, sir, is secession, and such 
 my own experience and opinion as to its effects 
 upon the public mind. If there are any here, 
 or elsewhere, whose experience and observation 
 as to its character, and as to its effects on the 
 minds and hearts of the people are different 
 from my own, I will venture to state that they 
 come from a region where the heresy has rot 
 taken deep root, and where it has received a 
 feeble support. 
 
 I have alluded to this subject, and have thus 
 given my own experience and observation with 
 regard to secession in Missouri, in order to 
 show that they have not been of such charac- 
 ter as to win my affections, or even create in 
 my mind the least sympathy for the rebellion, 
 nor its aiders and abettors, as such ; and in 
 order to show that in making war on this 
 amendment, I cannot be presumed to do so 
 from a desire to foster a cause that is odious 
 in principle, and rendered more odious to ine 
 by my own experience a cause the chief ad- 
 
118 
 
 vocates of which will yet, I doubt not, call 
 upon the "jocks and mountains to fall upon 
 them," and hide them from their own in- 
 famy and disgrace, as well as the wrath of an 
 offended people. I will, however, here state, 
 in passing, that none of these wrongs and 
 irregularities in the conduct of the advocates 
 of this heresy can change the principle which 
 they Idbor to establish. If this be sound, it 
 forevtr remains so, I care not what may be the 
 acts of violence and outrage committed in at- 
 tempting to maintain it. And, again : if it be 
 unsound, its character in this respect can never 
 be changed by the methods and means adopted 
 in its support. Its advocates may laud it to the 
 skies, 
 
 " In florid prose, and honeyed lies in rhyme ; " 
 
 they may prosecute a war in its support, in 
 accordance with the most rigid rules of civil- 
 ized warfare; they, in their devotion thereto, 
 may offer their lives a willing sacrifice ; they 
 may devoutly thank God for whatever of suc- 
 cess attends their efforts ; they may offer up 
 long prayers to Him for His blessings, and for 
 the triumph of their arms; they may keep the 
 solemn fast ; they may do all these, and a 
 thousand fold more, and yet merit the righteous 
 condemnation of both God and man. And 
 this same rul*> applies to our own cause, the 
 cause of our Union, which of all our earthly, 
 is one of our most precious interests, as 1 view 
 it. I care not, sir, what acts of violence have 
 been committed; what families ruined; nor 
 what amount of mourning and sorrow produced 
 in the land by the Federal army, or by those in 
 authoiity, it does not effect the great founda- 
 tion upon which we stand npon which our 
 fathers built upon which we believe this na- 
 tion must remain, or sink into irretrievable 
 anarchy and ruin. And when men tell us that 
 they can no longer co-operate wiih those who 
 labor to maintain the Government that they 
 can no longer uphold, or even attempt to up- 
 hold, the glorious old banner, because of some 
 irregularities in the rranner, and excesses in 
 the means of supporting it ; that when this, 
 that, or the other act was done they forsook 
 the cause, they as plainly tell us they never 
 loved it, never sustained it as a matter of prin- 
 ciple, and that in forsaking it, as they say, 
 they are either following the dictates of blind 
 passion, or the natural bent of an evil inclina- 
 tion. 
 
 But, sir, T have already occupied too much 
 of your time, and will therefore endeavor to 
 
 come directly to the consideration of the amend- 
 ment. That we may thoroughly understand 
 its effect, let us look briefly at the history of 
 this rebellion in the State of Missouri. As far 
 back, perhaps, as April of last year, if not 
 earlier, the then Governor of this State was 
 manifestly laboring to bring about a certain 
 result, to wit : the destruction of the Federal 
 authority within the limits of the State. In 
 the month of April, civil war was actually 
 inaugurated by the bombardment of Fort 
 Sumpter; and from that time forth, the then 
 Governor of this State, with his minions, who 
 were many and very desperate, labored most 
 assiduous'y to take the State out of the Union. 
 So zealous and determined was he on this point, 
 so lost to every consideration of interest, and 
 all regard for the solemn obligations he took 
 upon himself when he came into office, that we 
 are told he said he "would take the State out 
 of the Union, or take her to hfll." Whether 
 he ever made use of that expression or. not, I 
 cannot state ; but it is a matter of no great 
 consequence whether he did or not, as it is well 
 known he did all in his power to bring about 
 the former result, and in his efforts well nigh 
 accomplished the latter. But he was the legally 
 constituted and acting Governor of the State, 
 and he had under his control her militia, and 
 had the power to call them into active service. 
 At all events, he did so, and thereby collected 
 a considerable force, most, if not all, of which 
 volunteered for as long a period as twelve 
 months. I entertain no doubt that among 
 those who thus volunteered at the call of the 
 Governor were many truly loyal men men 
 who did riot understand the plans and purposes 
 which he had in view men who believed they 
 were in the discharge of a simple duty to their 
 country, and who did not for a moment even 
 suppose they were incurring existing penalties, 
 not, perhap e , understanding the law of treason; 
 much less did they expect to bring upon them- 
 selves future and enlarged punishment, as 
 contemplated by this act. But it will be said, 
 every man is presumed to know the law. This 
 is true, although the presumption is rather a 
 violent one. But it will not be insisted, I 
 imagine, that every man knows what the law 
 will be ; yet this amendment almost implies as 
 much. I hold that when a man commits an 
 offence he is presumed to do so with an eye to 
 existing penalties ; and no earthly power can 
 afterwards legally deprive him of a solitary 
 farthing, or a solitary privilege, in consequence 
 of the commission of the offence, except so far 
 
119 
 
 as wa<* provided by the laws in force al the time 
 it was committed. 
 
 The class that is to be affected by this ordi- 
 nance and the proposed amendment, consists 
 chiefly of thoe who, as before intimated, were, 
 under the impulse of the moment, at a time of 
 high excitement, an:l nnder the evil influences 
 of demagogues and other bad men led into the 
 service, from which they could not afterwards 
 extricate themselves, however much '.hey might 
 have wished to do so. And now, in our action 
 relative to this class, it occurs to me we should 
 be careful that we do not commit an error 
 which may, in the end, though well designed, 
 be productive of irreparable evil. Few, if 
 any, of those who were led into Jackson's army 
 could have left, that service at the time fixed by 
 this amendment, unless they had done so by 
 deserting. Having, then, been compelled to 
 remain with him, and in a service which many 
 of them, as I verily believe, had unwittingly 
 entered, or to risk the consequences of deser- 
 tion, it seems to savor somewhat of injustice to 
 disfranchise them, admitting that we have the 
 power. But it is on this point that the insuper- 
 able difficulty is presented to my mind. As 
 before stated, I cannot divest my mind of the 
 conviction that the Constitution of this State, 
 and also that of the United States, stand in 
 the way and forbid the adoption of the amend- 
 ment. Upon this subject my views may be 
 erroneous but they are clearly settled, though 
 I may not be able to sustain them by such rea- 
 sons as will lead others to adopt them. 
 
 The proposition, as I understand it, is to 
 dL-f ranch ise all who have been in arms against 
 the Government since the 17th of December 
 last. It must be manifest to the minds of all, 
 if we impose this restriction upon the voters of 
 the State, that we do so not out of mere caprice, 
 but as a punishment for some offence of which 
 a part of them are guilty, or at least are sup- 
 posed to be guilty. It is true that it applies to 
 all alike, to the loyal and to the disloyal, to 
 those wh^ have not been in arms as well as 
 those who have. If, however, all the people 
 were truly loyal, we would not, I presume, 
 think of requiring th<>m to make oath as to their 
 loyalty in times past. I admit that it applies 
 alike to all, but it by no means has the same 
 effect upon all upon whom it acts, and it oujiht 
 not, so far as its prospective operation is 
 concerned ; but qui'e a different question is 
 presented when we come to consider its retro- 
 spective bearing. 
 
 The insuperable objection to this feature of 
 
 the amendment is, that it is ex post facto, and 
 in oilier respects violative of the Constitution 
 of the United States; or at least it so appears 
 to my mind. If this be its character, theiecan 
 be no further controversy upon the subject, for 
 no one on this floor would wilfully violate one 
 of the most important clauses in those instru- 
 ments which we have all solemnly sworn w 
 would support. 
 
 An ex post Jacto law I need scarcely define. 
 It is, however, a law which renders an act 
 penal or criminal which was not of that char- 
 acter when committed; or which makes the 
 grade of an offence greater than when com- 
 mitted ; or which attaches additional punish- 
 ment to offences alieady committed ; or which 
 punishes an offence in a manner, or to an 
 extent, in which it could not, by existing law, 
 have been punished when committed. The 
 term has further definitions, but these are 
 sufficient for present purposes. It is insisted, 
 however, that this amendment is not obnoxious 
 to any of these objections, but steers clear of 
 them all, and is merely a law defining the 
 qualification of voters. Is this true? What is 
 its real character? 
 
 All the laws that have hitherto come under 
 my observation defining the qualifications of 
 voters, have related simply to their age, sex, 
 residence, color, mental condition, &c. In no 
 instance, so far as I remember, do they dis- 
 qualify a voter, even on account of a conviction 
 for crimes committed ; much less, of course, do 
 they pretend to do so on account of any pre- 
 sumption, however strong that may exist, of his 
 having been guilty of crime. The knowledge 
 of the fact that many of the citizens of this 
 State have been guilty of treason and misprision 
 of treason, time and again, does not in the least 
 affect the question. 
 
 We know that under the laws of this, and I 
 believe every o f her State, every man who is 
 convicted of treason, misprision of treason, 
 mayhem, malicious assault with intent to kill, 
 arson, burglary, robbery, or the like, and 
 sentenced therefor to imprisonment in the pen- 
 itentiary, incurs the disability which this 
 amendment is designed to create; but observe, 
 the disability does not attach until after the 
 conviction, and that it forms a part of the 
 punishment imposed upon the offender; or is 
 made a consequent of the conviction, and is a 
 part of the punishment. The amendment 
 reaches the same end in a more summary 
 mariner. Now, it must be manifest that this 
 restriction partakes not only of the nature of 
 
120 
 
 punishment, but is in very fact a punishment 
 a punishment inflicted without the observance 
 of any of those formalities required by our 
 Constitutions and laws j or, in other words, 
 "without due process of law;" without pre- 
 sentment, without trial, without the taking of 
 any of those steps that have hitherto been 
 regarded as indispensably prerequisite. But 
 further, as to the ex post facto feature of the 
 amendment. If Ihe restriction should be im- 
 posed, it will, as before stated, not be out of 
 mere caprice, but on account of something that 
 we think has been done by those who will be 
 affected by it, which we believe ought to 
 deprive them of the right to exercise the elec- 
 tive franchise as in times past. They were 
 once invested with this privilege, which, under 
 our form of government, is of the utmost im- 
 portance to every citizen. Although it cannot 
 be said that the right to vote is a vested right, 
 within the meaning of that term as commonly 
 understood, yet it partakes very much of that 
 character ; and the citizen who has once en- 
 joyed it cannot be denied its enjoyment, or be 
 excluded from the piivilege by a mere act of 
 legislation defining the qualification of voters. 
 If the proposition were to disfranchise all who 
 shall hereafter take up arms against the Gov- 
 ernment of the United States, or give aid and 
 comfort to its enemies, &c., I cannot perceive 
 that it would conflict with any provision of the 
 Constitution ; and I would most cheerfully 
 support it, but in view of its retrospective 
 operation I cannot. 
 
 We are about to say, in effect, that a certain 
 class of the citizens of this State, who have 
 hitherto enjoyed the elective franchise, shall 
 enjoy it no longer. And why ? Not because 
 they are not forty years old ; not because they 
 have not resided in the State seven years, or 
 were not born in the United States, as might be 
 provided in a law defining the qualification of 
 voters ; but because we believe, correctly, be- 
 yond all doubt, that they have been guilty of 
 treason in some of its forms. Now, although 
 all who have incurred this guilt might be pun- 
 ished under the laws of the United Srates, and 
 of this State, if arrested and brought to trial, 
 (and many of them deserve the utmost penalty 
 of the law,) yet there are many hundreds of 
 the number who when convicted could only be 
 punished by fine. It will not be contended 
 that any of this latter class would, in conse- 
 quence of such conviction and fine, be disqual- 
 ified as voters. Nor will it be denied thut an 
 act of the Legislature, which might have been 
 
 passed at any lime subsequent to the commis- 
 sion of the offences of which the parties were 
 thus convicted, attempting to enlarge the 
 penalty for the crime by adding to the fine, 
 the disqualification contemplated by this 
 amendment would be pronounced unconstitu- 
 tional and void ; and that because of its being 
 ex post facto. It would clearly be an enlarge- 
 ment of the punishment, created after the 
 commission of the offences j and in all these 
 cases would be utterly inoperative, though 
 prospectively it would not. 
 
 We, sir, are attempting to do what all the 
 courts of the country, aided by all the Legis- 
 latures, could not do; we are attempting to 
 punish before conviction, without trial, with- 
 out any of the established forms of law, and 
 to an extent and in a manner wholly inadmis- 
 sible when the supposed guilt was incurred ; 
 and we innocenMy tell the world that we are 
 simply defining the qualifications of voters. It 
 may be so, but I cannot so regard it. 
 
 Of the many crimes punishable under the 
 criminal code of this S f ate, there is but a small 
 proportion wherein the Legislatures appear to 
 have thought that conviction should be attend- 
 ed with disfranehisement as a part of the pun- 
 ishment. Treason, in all cases in which the 
 offender upon conviction is punished by fine, 
 does not belong to the number. We, however, 
 more wise than they, are about to say this 
 shall be a part of the punishment, and that it 
 shall be meted out before conviction or trial, 
 and even before arrest; and may be inflicted on 
 all without reference to the time of their of- 
 fending ; though, for certain reasons, we will 
 exempt all the sinners prior to, if they have 
 not done so since, the 17th of December, 1861. 
 We impliedly say that we have the power to 
 go back indefinitely in this matter, but do not 
 choose, at present, to go beyond the period in- 
 dicated. 
 
 I am aware that we have very great power ; 
 that we can alter and amend the Constitution 
 of our State, or that we can abolish it and make 
 a new one if we deem it advisable ; and that 
 we can repeal statutes and make laws, and do 
 a great many other things; but there is a limit 
 to our power. We certainly cannot, in chang- 
 ing and abolishing the laws of the State, im- 
 pair in the least any one of the provisions of 
 the Constitution of the United States, nor can 
 we deprive a citizen of this State of a solitary 
 rieht or privilege which he, as such, has ac- 
 quired under the laws now or heretofore ex- 
 isting. This, I think, the amendment attempts 
 
121 
 
 to do, which is another objection to its adop- 
 tion. 
 
 But suppose I am mistaken with regard to 
 thf effect <>f this amendment suppose it does 
 not at all conflict with the Constitution of the 
 United States, and does not interfere with nor 
 disturb any of the rights and privileges that 
 ciri/ens have acquired under the constitution 
 and laws of this State, and gentlemen of known 
 ability and integrity, in whose opinions 1 have 
 the utmost confidence, tell rne it does not. Sup- 
 pose they are right and I am wrong? Another 
 question then arises, and that is as to the policy 
 of the measure. Will its effect be productive 
 of peace to the people of our State ? Will it 
 exei t a good or an evil influence npon them? 
 The^e are questions worthy of careful consid- 
 eration. I doubt not, as I remarked in the 
 outset, that our main object is, as tar as pos- 
 sible, to restore peace, and law, and order to 
 our people, and to harmonize the discordant 
 elements that exist throughout the State. I pre- 
 sume we have not come here for the purpose of 
 building up any particular party, nor of laboring 
 in the imerests of any cause,save that of our Stale 
 and country, which rises far above all party in- 
 terests and party considerations, and increases 
 in impor tance as its perils multiply. I would not 
 give the dust that cleaves to the soles of my 
 feet for the patriotism and loyalty of that man 
 who, in such an hour as this, would come for- 
 ward and labor for mere party or individual 
 aggrandizement. The time has been when this 
 was permissible, or, at least, was permitted ; 
 but it is gone, and the period has arrived when 
 good men will ignore individual and party in- 
 terest, and former party affiliations, and unite 
 their hearts and energies in their country's 
 cause. 
 
 Our purposes and desires are to promote the 
 best interests of our State and country. How 
 we may best do this is an important question. 
 Will the amendment under consideration, even 
 if obnoxious to none of the objections urged 
 again-t its constitutionality, be productive of 
 good? Upon this subject I believe almost 
 every gentleman present, who has preceded me, 
 hits had a great deal to say, and, it appears, 
 there is a great diversity of opinions in relation 
 to it. Strong arguments, both pro and con, 
 have been irged as to the policy of the mea- 
 sure, and the subject has been quite exhausted. 
 Admitting, for a moment, that it is entirely 
 clear of constitutional obstacles, I must say I 
 am not satisfied as to the soundness of the 
 policy. It has occurred to me that when we 
 
 underlake to disfranchise a large number of 
 the people of the State, as proposed by the 
 amendment, we should consider long and tho- 
 roughly as to the probable effect of our action, 
 and carefully weigh all the circumstances 
 which induce us to believe it necessary. It 
 was a grievous error in the minds of some, 
 and fault in the hearts of others, which led 
 them to enter the army and follow the lead of 
 Jackson and Price. But having gone into the 
 service in an evil hour, when, overwhelmed by 
 evil influences, they took the military oath 
 prescribed by the Legislature of our State, 
 from which they could not absolve themselves, 
 and linked their destinies irrevocably, for a 
 time, with those of the man who has done more 
 to ruin our State than any one who has ever 
 lived within its borders, him they were then 
 compelled to follow, and his mandates they 
 were obliged to obey. Shall we now tell these 
 men, and others who will fall within the scope 
 of this amendment, amounting in the State to 
 more, perhaps, than 40,000, that they shall no 
 longer go to the polls and have a voice there in 
 the choice of their rulers ? Shall we tell them 
 they are no longer entitled to the full privi- 
 leges of citizens ? Surely this looks like bad 
 policy. May it not, nay, will it not, probably, 
 produce discontent and create an element of 
 discord in many parts of the State, that will 
 tell most fearfully upon her future interests 
 and peace? Such are my apprehensions. I 
 think, therefore, that if we conclude to require 
 an oath of the voter, it would be wise to make 
 it wholly prospective. A full and unequivocal 
 pledge as to their future loyalty would, I ihink, 
 be sufficient j and I assure you this, in my 
 opinion, is all that will result in any lasting 
 good. 
 
 I have thought it would probably be the best 
 plan to leave the voters untrammelled with 
 oaths, and to require all candidates and appli- 
 cants for office to take an oath so stringent in 
 its tei ms that it would admit of no kind of ques- 
 tion as to their loyalty, either present or future. 
 If this could be done it would obviate a great 
 deal of inconvenience and delay at the polls, 
 and would always secure the services of loyal 
 men in the Legislature of the State ; and, in a 
 word, in all the offices within the gift of the 
 people and the Executive of the State. I am 
 aware of the fact that these views differ from 
 what a majority of the members of this body 
 regard as the true line of policy ; but I honestly 
 en ertain and present them, sincerely hoping 
 they may be received in that spirit of kindness 
 
122 
 
 and forbearance in which they are offered. | have not manifested arty such sympathy for 
 Should th^y be productive of evil, I shall ever these men, and I believe that this fear of offend- 
 regret having uttered them; but if of good, in ing and exasperating traitors is a sickly sen- 
 any Degree however small, I shall rejoice. The|timent. And, Mr. President, I have but one 
 subject is, to my mind, as difficult as it is im- j more word to say. If these traitors are to be 
 poitant, and I have not approached it without brought back into the State to vote loyal men 
 realizing to a painful extent the responsibility ! down, the particular class who have been de- 
 that rests upon us individually and as a body, i noun^d by them as Hessians and who have 
 by reasoti of the relation we sustain to our j helped to whip these same traitors, will also 
 Sta'e and country in this hour of darkness and meet them at the polls and help to out-vote 
 
 per;!. May it be our happy fortune to know 
 that ihe tendency of our action here has been to 
 remove the evils that now afflict the land, or, 
 at least, to know that they have not thereby been 
 increased. 
 Mr. BUSCH. 
 
 When a similar question was 
 forced upon us last week by the gentleman 
 from Greene, similar of course only in prin- 
 ciple, I had not one word to say upon the sub- 
 ject, but yielded cheerfully to other gentlemen 
 far more eloquent than I am. I have but a few 
 words to say upon this proposition, and cer- 
 tainly it is not in my power to command such 
 eloquent words as the gentlemm who has just 
 taken his seat. I desire that this amendment 
 should be inserted, and I wish merely to give 
 the reasons whyl so desire. We have heard it 
 asserted, again and again, that this action 
 would engender strife, war, and disturbance of 
 the peace. The views of men have little weight 
 with me, because you remember in July last, 
 when we were changing the entire government 
 and when we placed in office this Provisional 
 Government, they predicted some of the most 
 fearful consequences and troubles ; and now 
 
 them. 
 
 Mr. ALLEN. I, sir, am in favor of imposing 
 the restrictions in the report of the Committee 
 
 upon 
 
 office-holders, and shall vote for that 
 
 proposition. I am, also, for imposing restric- 
 tions upon the voter. I voted asrainst the pro- 
 position and in favor of the amendment pre- 
 viously offered, from the fact that it was not in 
 harmony with the action of this Convention 
 last October. The amendment proposed by 
 the gentleman from St. Louis, that makes it 
 date on the 17th of December, is not in conflict 
 with the action of this Convention at its Octo- 
 ber term. My friend on the left pioposes as 
 an amendment to the amendment the lOlh of 
 June, which he proposes to offer on the first 
 favorable opportunity. I am willing to vote 
 for the amendment offered by the gentleman 
 fiom St. Louis, and if that fails, I am willing 
 to vote for the amendment of my friend on the 
 left. I was not in favor of going back behind 
 ourwoik last fill, and the amnesty that was 
 then offered by the Convention to those who 
 had taken up arms against the Government, 
 and I am not disposed to do anything that will 
 
 this very day these gentlemen are back here, i conflict with that, and the amendment of the 
 
 beseeching us to retain the Government and 
 
 leave it undisturbed. The gentleman says we 
 would exasperate the rebels, and that, while 
 he had no sympathy with treason, he had sym- 
 pathy for traitors and the meanest of God's 
 creation. What lack of sympathy, I would 
 ask, is there on our part in refusing them for a 
 time the high privilege of Southern rights? I 
 confess 1 have no such sympathy, least of all 
 with those who have so unmistakably ex- 
 pressed their peculiar sympathy for me and 
 for thousands like me, whom they call Hes- 
 sians, and whom they hate for protecting and 
 defending this very Government which they 
 want to destroy. I have none with those who 
 have officially given notice from every quarter 
 o 1 this State that they would drive us and our 
 
 gentleman from St. Louis does not conflict 
 with it; and I am for imposing some restric- 
 tions upon gentlemen who have taken up arms 
 ag.iinst the Government. It is true, Mr. Pres- 
 ident, that many who are in the first place 
 called into rebellion by the leaders and dema- 
 gogues of the country, have become satisfied 
 of their offence and have returned home, deter- 
 mined in the future to be loyal citizens. Such 
 this amendment will not affect, and to such of 
 those as have manifested by their coi.duct 
 their penitence and are willing to be loyal citi- 
 zens, I am willing that, by simply taking the 
 oath, they should have the right to vote ; but 
 those old hardened sinners that have been de- 
 termined to b'eak up the Government, I am 
 for holding them in -:heck, at least until our 
 
 families out of the State and tike our lives. I j difficulties are settled. I was at a lo*s to un- 
 have no such sympathy, and I undertake to i derstand my friend from Jackson when he ex- 
 say a la. ge portion of the A^-^l^a people , pressed his doubts with referenced r u,^oUig 
 
123 
 
 this amendment, on constitutional grounds; 
 but before he concluded admitted that the Con- 
 vention hail the power to alter the Constitution 
 of the State. Now, I think, as far as qualifi- 
 cation of vo'.ers is concerned, that the Conven- 
 tion has the right to deteimine that. 
 
 Mr. COMINGO. Did you understand me to 
 say that we had the right to change the Con- 
 stitution and deprive gentlemen of rights that 
 existed under the Cons itution befoie the pas- 
 sage of the ordinance changing it? If so, you 
 misunderstood me. 
 
 Mr. ALLKN. So far as fixing the qualifica- 
 tion of voters, as I before remarked, I think 
 the Convention has the right to do it under the 
 Constitution. I am not, however, a Consti- 
 tutional lawyer. But, sir, that proposition, as 
 I understand it, takes effect from the 17th of 
 December, and all who have taken up arms 
 since that time are denied the right of suffrage, 
 and I hold, sir, under existing ciicumstances 
 and under the surroundii g history of the con- 
 test through which we are passing, that they 
 ought to be held in check. There are a great 
 many young men, it is true, who have been in- 
 duced to go into this thing, but I ask you how 
 long they have had time to consider upon the 
 subject. Ever since the rebellion w<s inaugu- 
 rated. Since the first call by Jackson and 
 Pi ice upon the State of Missouri, they have 
 had until the 17th of December last to counsel 
 and-consider this mitter j and the man that has 
 not yet sense enough to consider a matter of 
 such magnitude as that, after having so long a 
 time, outfht not to be entitled to vote anywhere, 
 especially during the existence of our present 
 troubles. When I came to this Convention, 1 
 came here feeling that I would vote for a pro- 
 position that would prohibit any man who had 
 taken up arms against the Government from 
 holding office in the State and from voting 
 duiingthe existence of our present troubles; 
 but, after consulting and reflecting with refer- 
 ence to the ordinance passed in October, I 
 thought it was most advisable for us to adopt 
 one that would take eff.-ct at the expiration of 
 the amnesty act. I know there are a great 
 many men all throrgh the country who have 
 been induced to go into this rebellion, but who 
 have come to their se^es and seen thtir folly, 
 and muny of them have returned home and 
 acted like men. But last winter some of Col. 
 Tindall's men came home on a furlough, bring- 
 ing their aims with them. In the neighboi- 
 hood there were some seces-ionists, who went 
 and captured these men, and took *heir guns 
 
 away from them, and went off South. One of 
 the number, however, considered the matter 
 all over, and was satisfied that he had clone 
 wrong, and that it was a mighty bad thirg for 
 a man to be in rebellion against his Govern- 
 m*nt; and he just started right back and gave 
 himself up, and said he was detei mined to take 
 the oath and be a good and loyal citizen. Now, 
 when a man will act on that principle, I con- 
 tend that he should be entitled to the right of 
 suffrage. There are such cases as that. But 
 the gentleman remaiked that the people all 
 through the country are becoming satisfied that 
 this rebellion will not win and that they are 
 for peace. They remind me of old Fagin. He 
 said he had just as good a wife as anybody, 
 but he had to whip her every day to m.ike her 
 so. They find the rebellion won't win. It 
 was proclaimed a year ago that rebellion 
 would not win, and that it would never do for 
 Missouri to t;ike up arms. We told them so, 
 but in spite of this they would go into rebel- 
 lion, and after the lapse of so long a time many 
 of them are still disposed to run into ruin, and 
 now we will hold them until the troubles are 
 over. That is the way I feel on the subject. 
 I wish to refer to one or two things while I 
 am up, as I do not expect to address the Con- 
 vention again. There is an inclination on the 
 part of some radical men to charge a man, be- 
 cause he is not in f.tvor of a particular set of 
 view*, ;is being favorable to, or as sympathiz- 
 ing with this rebellion, or, in other words, a 
 secessionist. Now, I think that is wrong. I 
 have opposed measures here that would, per- 
 haps, place me in that category: but I can say> 
 bef"re God and this Convention, that there is 
 not a drop of dMoyal blood in my veins, and 
 my course has indicated that. I hnve been 
 connected since these troubles commenced, or 
 for a year, engaged in the publication of a 
 Union paper, and I know there has m-ver been 
 a disloyal sentiment breathed through its col- 
 umns since I have been connected with it. I 
 know th-it, bpcause I have opposed the intro- 
 duction of a resolution into this Convention on 
 emancipation, that I may be by some radicals 
 regarded as favoring secession principles of 
 possessing those proclivities. My object has 
 been, and shall be until our present difficulties 
 are settled, to avoid the agitation of any ques- 
 tion calculated to distract the Union party in 
 the State of Missouri. Whatever may have 
 been th*> desiie of the Convention on ihnt sub- 
 ject, I know it was my object to keep down 
 c trife in the Union par'y in the State of Mis- 
 
124 
 
 souri. It is urged lhat this question will be 
 thrust upon us, and I have no doubt there are 
 radical rnen who will use every means to force 
 it upon the people. We, as a body, have 
 hitherto acted upon conservative ptinciples. 
 We have acted in harmony during the troubles 
 in our country and through which we have 
 passed, and I feel in hopes that during the 
 existence of our present troubles we will con- 
 tinue to act in harmony. I must say, how- 
 ever, in justice to my friend from St. Louis, 
 that the proposition introduced by him had a 
 fairness about it that would have recommended 
 itself to the faithful consideration of the peo- 
 ple of Missouri ; but I hold that, this is not the 
 time to investigate that thing, and I do hope 
 that nothing will come up in this Convention 
 to mar the peace and fraternal expression that 
 has hitheito prevailed. Now, Mr. President, 
 in regaid to this proposition, I shall vote for 
 it. The man that is disposed to persist in his 
 sympathies with the rebellion, ought not to 
 have a voice in saying who shall administer 
 the Government of the State of Missouri, or 
 who shall make the laws. He has foifeited 
 all right to protection under the Government 
 of the United States, and he ought to be satis- 
 fied if we are willing to receive him back, and, 
 under certain contingencies, allow him to re- 
 main here and not vote. We expect loyal mer 
 to govern their country hereafter, and none but 
 loyal men. 
 
 Mr. SKA.NKLIN moved to amend by striking 
 out the 17th December, 1861, and insert June 
 10th, 1862. I offer that amendment because I 
 think it will be considered as a compromis 
 measure ; it at once robs the ordinance of its 
 retrospective features. It is calculated, how 
 ever, to exclude all those hardened sinners 
 who are still in rebellion. 
 
 Mr. BRECKINRIDGE. I wish to address the 
 Convention. 
 
 The VICE PRESIDENT. I believe we have 
 a rule that no gentleman shall speak a secon 
 time until all others have had an opportunity 
 to speak once. 
 
 Mr. BKECKINRIDGE. I only ask to repl} 
 very briefly to the argument of the gentlema 
 from Jackson. 
 
 The VICE PRESIDENT. The gentleman mus 
 confine Ivmself to the amendment offered b 
 the gentleman from Grundy (Mr. Shanklin). 
 Mr. BRECKINRIDGE. I will not be confine 
 in that way, but trust to the courtesy of tl 
 House hereafter. 
 
 Mr. IRWIN. I do not desire to detain the 
 onvention but a few minutes ; but, sir, I de- 
 re, before I cast my vote on that proposition, 
 ) make a remark or two. Now, sir, it seems 
 > me the impression of gentlemen in this Con- 
 ention that the object of restricting the right 
 f suffrage, as proposed by the amendment 
 ffered by the gentleman from St. Louis, is to 
 nflict punishment upon those who have been 
 n open rebellion against the Government of 
 he United States, and the Provisional Govern- 
 nent of the State of Missouri, is a mistaken 
 ne. I hope, sir, that there is no member of 
 his Convention who would at a time like this 
 e actuated by any such motive. I come not 
 ere, sir, to inflict punishment upon any man 
 rlio has been engaged in the existing rebellion, 
 came, as I hope, sir, actuated by a higher, 
 lobler purpose. I came here, sir, to legislate, 
 o act and to speak with direct reference to the 
 afety of the State ; and I hold that, leaving 
 >ut of question entirely what those who have 
 seen engaged in rebellion deserve as to punish- 
 ment, the safety of the State requires that 
 here should be restrictions placed upon the 
 right of suffrage. I hold further, sir, that the 
 safety of the State requires that those men 
 who have taken up arms and levied war 
 against the Government of the United States, 
 should be denied the right of casting their 
 votes in the election of officers at the approach- 
 ng election. Now, sir, I am of the opinion 
 that if an election takes place for State and 
 !ounty officers on the first Monday of Au- 
 gust next, that unless this restriction is placed 
 upon the right of suffrage, you will have in 
 this hall next winter a disloyal Legislature. It 
 may be said if the members of the next Legis- 
 lature are disloyal, the United States Govern- 
 ment and the military power can interfere and 
 prevent disastrous results that might follow 
 the legislation of that body. But, sir, I for 
 one, as a member of this Convention I, sir, as 
 a citizen of the State of Missouri, never want 
 to see a state of things of that kind again ex- 
 isting in this State. I deprecate it; and if 
 there was no other reason to induce me to 
 vote for a measure of that kind, the bare pos- 
 sibility of such a state of things in the future 
 would be sufficient to induce me to cast my 
 vote in favor of this amendment. Now, sir, I 
 do not know as much about other sections of 
 the ^tate as I do about my own. I live in a 
 county that, save one, has, perhaps, a stronger 
 Union element in it than any county in north- 
 east Missouri, and yet I believe to day that if 
 
125 
 
 an election is held on the first Monday in Au- 
 gust, and tliis restriction is not placed on the 
 right of suffrage, that those who have hereto- 
 fore been in sympathy with this rebellion can 
 elect the man of their choice to represent Shel- 
 by county in the next Missouri Legislature. 
 And this I believe to be true, and if it is true 
 in regard to that county which, as I have said, 
 has a stronger Union element that any other 
 county in North Missouri, it must be true in 
 reference to a majority of the Convention in 
 this State. Now, I tell you I do not want to 
 run any such risks. Missouri to-day is loyal, 
 and I want her to remain so. With these re- 
 strictions placed upon the right of suffrage, I 
 am of the opinion we run no risk in holding 
 an election on the first Monday in August. 
 But there is another thought. It may be said 
 if you pass this amendment, and place these 
 restrictions upon the right of suffrage, and dis- 
 franchise a portion of the citizens of the State, 
 you will fail to reach the worst men in the 
 State ; that you will fail to meet the class of 
 men who have done more harm, and exerted 
 an influence more deleterious, than those in 
 open rebellion against the Government. I 
 admit it, sir ; because I hold that that man who 
 has stayed at home working behind the cur- 
 tain, exerting all the influence which he pos- 
 sessed to induce others to take up arms and 
 engage in open rebellion that man is ten-fold 
 more guilty, and infinitely meaner and more 
 contemptible, than the man who has shouldered 
 his gun and gone into the rebellion. The man 
 who has thus taken up arms has given some 
 evidence of his sincerity ; but the man who has 
 stayed at home and exerted a secret influence, 
 doing no overt act that would render him 
 liable to be arrested by the military authori- 
 ties ; that man has proven himself to be a trai- 
 tor at heart, and yet not having the courage to 
 prove his sincerity by his works. I may re- 
 mark, further, that if there was any practical 
 mode of getting at these men, I would go for 
 disfranchising in this indirect manner; yea, 
 even directly, sir, every man who has even 
 sympathized with those men in rebellion. Sir, 
 it has been clearly shown that there are no 
 words that you can use, in a legal signification, 
 that will reach men of that character, and as 
 we cannot reach them, and as we can reach 
 the men who have been in open rebellion, let 
 us go as far as we can in order to secure the 
 safety of the State. It seems to me we should 
 be satisfied that, if the safety of the State re- 
 quired, then restrictions should be placed on 
 
 the right of suffrage ; that then, as men repre- 
 senting this great State, as men upon whom a 
 responsibility rests greater than upon any other 
 deliberative body, we should be prepared to 
 act regardless of the effect it will have upon 
 us as citizens of Missouri. Whether you or I 
 sink or swim during this contest is a matter of 
 small consideration. I therefore hope that 
 the amendment, as offered by the gentleman 
 from St. Louis, will be passed. 
 
 Mr. SMITH of Linn. It has been often an- 
 nounced by the chair that gentlemen could ex- 
 plain their votes prior to calling their names, 
 and I desire to give the reasons which will in- 
 duce me to vote as I intend at the proper time. 
 I shall not attempt to discuss the constitutional 
 right of this Convention to pass this ordinance. 
 With all due deference to those gentlemen 
 who differ with me, and have constitutional 
 objections, I believe they are unfounded, and 
 I presume that this Convention is now fully 
 satisfied that this power and this right are 
 clearly established. After the Governor of the 
 State, the Legislature, and other officers, for 
 conduct committed prior to their deposition 
 after prescribing the oath to all men who were 
 in office, and deposing them when they failed 
 to take the oath prescribed I suppose that 
 the Convention at this time is fully satisfied 
 that the right and the power to prescribe this 
 test to the voter exist beyond question. 
 
 I look upon this proposition, Mr. President, 
 as the most important proposition that has been 
 presented for the action of this Convention, or 
 that, perhaps, will be presented. I have lis- 
 tened with patience and with great attention to 
 the arguments of the gentlemen who oppose the 
 adoption of the amendment proposed by the 
 gentleman from St. Louis ; and, to my mind, if 
 their statements and declarations are generally 
 true, then all these are the strongest reasons 
 why we should adopt this amendment. The 
 gentleman from Jackson (Mr. Coniingo) says 
 nothing can eradicate the virus of secession 
 from the hearts of those who have engaged in 
 the rebellion, and yet he says he would allow 
 them to come to the polls side by side with 
 men who have never faltered in their devotion 
 to the Union. Sir, I don't understand such 
 contradictory philosophy. If what the gentle- 
 men from Jackson and Monroe have said be true, 
 it is a conclusive argument why this amend- 
 ment should be passed ; and what they have 
 so emphatically declared stands uncontradicted 
 by any other gentleman on this floor, except 
 the gentleman from Clinton (Mr. Birch). That 
 
126 
 
 gentleman stated broadly, in terms that could 
 not be misunderstood, that men from Price's ar 
 my had returned home, and were now as loyal as 
 himself. Sir, if any other gentleman had sait 
 this that men who had openly, and in the face 
 of the country, taken up arms to put down the 
 Union and destroy it men with the dust o 
 battle against the flag of our country still upon 
 them, were as loyal as the gentleman from 
 Clinton (Mr. Birch; Is: oul> have pronounced 
 it a slander ; but when he says so himself I have 
 no right to deny it. Sir, what would you think 
 of me if I were to say that the man charged 
 and convicted upon his own confession as a 
 horse thief was as honest as other men who 
 never did steal ? 
 
 Mr. President, the gentleman from Clinton, 
 in his remarks read to the Convention the other 
 day, said he had not helped secessionists, but 
 had only tried to get them to help him. This 
 fact, perhaps, may have led him to remark that 
 a traitor was as loyal as he was ; and such re- 
 marks as these, Mr. President, lead me to be- 
 lieve that it is unsafe to permit an election 
 next August, without we restrict the voters 
 without we restrict those men who have re- 
 belled and taken up arms against the Govern- 
 ment ; for, as remarked by the gentleman on 
 Saturday, although you may impose restric- 
 tions upon each candidate although you may 
 require him to swear to anything that one would 
 suppose would answer yet, sir, from the de- 
 claration of the gentleman from Clinton, and 
 from the manner in which he has been acting, 
 and pandering to the rebels, in my judgment 
 it is unsafe to risk an election, unless you re- 
 strict the voters. 
 
 Mr. President, the effort with some gentle- 
 men seems to be all the time to conciliate trai- 
 tors. Indeed, they seem to think there is no 
 one to be conciliated but them. They forget 
 that there a.re Union men in Missouri to whom, 
 as between classes of men, we owe our highest 
 and first duty. Now, sir, at the beginning of 
 our troubles the Union men everywhere used 
 to beg the secessionists to forbear ; to be con- 
 ciliated ; but, sir, they would not heed our ap- 
 peals for peace, until we took up arms and con- 
 quered a peace. And now, sir, we are compla- 
 cently told we must not "exasperate" but con- 
 ciliate these same traitors whom we tried to 
 conciliate before our troubles began. Sir, I do 
 not doubt for a moment that these men would 
 be eminently " conciliated" if we would turn 
 over to them the reins of government and al- 
 low them to rule ! I want the gentlemen here 
 
 who have such tender sympathies for the men 
 just returned from Price's army, to tell us what 
 condition of affairs we would have if these 
 objects of their intense sympathy should ever 
 get the power of our State government in their 
 hands? Would we have peace? Would we 
 have conciliation and Union ? Far from it. 
 Sir, I remind gentlemen that there are others 
 besides rebels who have claims upon our sym- 
 pathy, and whom we should conciliate. Sir, I 
 represent Union men here, and I know full 
 well where they would place me, if I were to 
 vote against this amendment. They would 
 place me, and 1 think justly, too, with rebels 
 and secession sympathizers. 
 
 Mr. President, I have risked too much al- 
 ready by indulgence, and by sympathy for 
 these traitors. Now, when we have forced 
 them to acknowledge our power and to lay 
 down their arms, I say we have suffered too 
 much to be willing, alter they have failed to 
 whip us and conquer us, that they shall come 
 in now and grasp the civil offices and rule the 
 loyal men of Missouri. I am unwilling to risk 
 them. I am willing to do them justice, and to 
 treat them kindly, and to see that they are pro- 
 perly protected in person and property, and I 
 think that is all they have a right to ask, espe- 
 cially at this time. It would be wrong, in my 
 udgment, to let one single one of them vote. 
 This proposition does not go as far as I desire. 
 My wish is to exclude every man who has ta- 
 ken up arms against his Government, and make 
 no distinction ; because, sir, when this Conven- 
 tion, by an ordince passed at the last session, 
 asked them to return home and lay down their 
 arms, it made no promise that they should 
 lave the right to hold office. It only promised 
 hem protection ; it only guarantied to them an 
 amnesty against further prosecution. Those 
 vho returned within that time are entitled to 
 hat amnesty, but they have no right to claim 
 or demand of us one single privilege that those 
 ,vho have been loyal can claim. I shall, there- 
 ore, vote against the proposition of the gentle- 
 man from Grundy, and vote for the amendment 
 f the gentleman from St. Louis. 
 
 Mr. BIRCH. The members of this Conven- 
 ion will bear me testimony that I have not 
 ought this discussion, and that I have thus 
 ar declined to participate in this controversy ; 
 >ut I have no right to further pursue such a 
 :ourse, after the speech of the gentleman from 
 -.inn, in which -I am made to figure so conspic- 
 uously. I shall, therefore, be compelled, in 
 ustice to myself, to speak a few words, just 
 
127 
 
 as they occur to me. I cannot better answer the 
 gentleman's proposition than by recurring to 
 the tact that this, in a very essential degree, is 
 a war of opinions. Sir, the most astute people 
 in the country many of them, also, as upright 
 e rest of us have argued the right of a 
 State to secede, sincerely believing it to be 
 true. 1 repeat, that idea has been embraced 
 by some of the greater minds ot the country, 
 espec ally that portion educated in the Southern 
 schools ; and they hence teach it to others as 
 the true construction of our form of govern- 
 ment, that a State has the right to secede, as 
 so many have done. Others believe that the 
 State has a great revolutionary right going be- 
 yond all constitutions, and that it may become 
 its very manhood to secede from the Govern- 
 ment of the Union; and it is within your 
 memory and mine, Mr. President, that these 
 arguments were plidd with the utmost zeal 
 throughout this State. It is, indeed, but s rn- 
 ple just ce to the very rebel to whom the gen- 
 tleman has alluded, to add that even his mind 
 is so constituted that he believes in his heart of 
 hearts that it is part and parcel of the Consti- 
 tution that a State has a right to secede, and 
 many of the young men of my county have 
 followed him into his regiment with that belief. 
 I throw out, of course, the arch-traitors who 
 have simply availed themselves of an opportu 
 nity in such a crisis to carry out what they had 
 been plotting for years ; but I repeat, sir, tha 
 the opinions of the great body of the people o 
 the South are based upon the theory I have al- 
 luded to ; and that this war, therefore, in the 
 main aspects, is, so far at least, a war of opin- 
 ions ; that, in all the proclamations of the Con 
 federate Generals, they address their soldiers 
 as men who are fighting for their independence 
 their rights, and all that, a proposition which 
 I need not, of course, either controvert or elab 
 orate, inasmuch as it is but intended as a pre 
 liminary or foundation for what I may say 
 hereafter. 
 
 My friends will bear me record that while 
 the gentleman seems to impute to me that I am 
 seeking the votes of these men by pandering 
 
 to 
 
 Mr. SMITH of Linn. I was only quoting th 
 gentleman's own words. 
 
 Mr. BIRCH. I do not take it with discourtesy 
 as I readily allow all latitude belonging to 
 politician, in which position circumstances hav 
 placed me. I was going to say that, havin 
 been a prisoner of war for a few days on Sa 
 river, I deem it a duty to the State, and to my 
 
 constituents, to recur, very briefly in this con- 
 nection, to what I learned in that camp. It 
 suffices to say, therefore, without the violation 
 of any rule of propriety, that I met men there 
 who had never heard of our proclamation of 
 amnesty, and I have reason to believe I will 
 not say I know it, but I have reason to be- 
 lieve ihat it was excluded from the rank and file 
 of Price's army. At all events, I did not meet 
 soldier there, who had been there all the 
 me, that had ever heard of such a thing. So 
 much for that, in opposition to the amendment 
 f the gentleman from St. Louis ; and for 
 which reason, I shall support the amendment to 
 tie amendment. I met others who had heard 
 f it, and a portion of those who carried me out 
 here, told me f. ankly that it was their purpose, 
 as soon as their term of enlistment expired, 
 o return home and become good citizens, and 
 hey have done so. These men came to know 
 hat we were magnanimous and soldier-like 
 and forgiving, and three of them from my sec- 
 ion of the State declared their purpose to 
 come home as soon as the term of their enlist- 
 nent expired, and they did so. Yet, this 
 amendment would compel these men, who are 
 now at home cultivating their fields, to swear 
 that they had not been in Price's army. Mr. 
 President, I have reason to suppose that all 
 through the State there are men who would be 
 similarly and wrongfully excluded by this 
 amendment, as I will read presently from the 
 Missouri Democrat, which I picked up in the 
 Provost Marshal General's office, where I had 
 the honor of being invited some time since. 
 But further: it happened that Brigadier Gen- 
 eral Price was brought a prisoner to St. Louis, 
 while I was in that city last spring. His cap- 
 tor was a magnanimous soldier, who extended 
 to him the freedom of the city, and he came to 
 see me at the Planter's House. He had a con- 
 versation with me, and it suffices to say that I 
 came to the conclusion that if he were allowed 
 to go home to his family there could not only 
 no detriment result to my Government, but that 
 it would have a better effect than the arming of 
 a battalion of sharpshooters. I went, therefore, 
 to General Halleck ; told him what I knew in 
 regard to the case, and subsequently put my 
 statement in writing. I but add, Mr. Presi- 
 dent, that Price was not only paroled and re- 
 turned home, but that, in the spirit of a true 
 soldier, his swo;d and his war horse were re- 
 stored to him. 
 
 I will now read from the Democrat what I 
 can but regard as at least a verification of the 
 
128 
 
 opinion I expressed to General Halleck, am 
 which may have had at least some influence 
 upon his treatment of Price : 
 
 "Price's Soldiers Returning Home. 
 
 " A gentleman who has spent several months 
 in Howard and adjacent counties, informs us 
 that hundreds of Price's men who went from 
 that portion of the State are returning home, 
 glad to take the oath of allegiance and give 
 bonds, as the condition of release. He states 
 that the number of such is estimated at up- 
 wards of three thousand. They declare them- 
 selves sick of the rebellion, sorry they went 
 into it, and anxious to see peace re-established." 
 
 It is thus seen upon the authority of the 
 Democrat that in the military district in which 
 resided the General who was so magnanimously 
 released by Halleck, three thousand soldiers 
 have come home and are now Union men. Yet 
 it is proposed by this amendment to disfran- 
 chise these three thousand men, who, the 
 Democrat says, are even anxious for peace ! Will 
 you do it? We will see, Mr. President, when 
 the ayes and noes are called on the passage of 
 this amendment. Here are three thousand of 
 these men from a single district. -Who can 
 tell how many there are from others ? These 
 men, or many of them at least, were doubtless 
 inveigled into this war upon the false theory of 
 State rights. They were taught to believe a 
 State had a right to secede when she deemed 
 herself wronged. Yet these men are again at 
 home, and, in the very language of this article, 
 are anxious for the restoration of peace. It is 
 of such men as these I speak, when I concede 
 that, for aught that appears to the contrary, 
 they are now again as loyal as I am a decla- 
 ration I am not ashamed to repeat, and will 
 not, of course, retract. I believe they were 
 mistaken, and are now convinced of their mis- 
 take, and have honestly come to the conclu- 
 sion that secession was wrong. Let gentle- 
 men, therefore, make the most they can of 
 that declaration. There is more of this para- 
 graph from the Democrat, but it is not pertinent 
 to this investigation. It relates to another 
 class to those who have staid at home, and 
 have not gone into the army and which need 
 not, therefore, be here recited. I was going 
 to remark, Mr. President, that these men are 
 presumed to have returned home, and accepted 
 Gen. Halleck's oath, which was our own Con- 
 vention oath. The legal presumption is, they 
 came home with the idea of taking this oath, 
 and they have taken it, and are now in the 
 discharge of the duties of good citizenship, and 
 
 yet it is proposed to exclude them from the 
 rights of citizenship. Now, Mr. President, take 
 the district that has been alluded to as an aver- 
 age; how many men in the State would be 
 excluded ? I think it proper in this connexion 
 to apprise the Convention that there was a 
 class of men Avho were being enlisted for three 
 months' service, when I was in Price's army, 
 about the middle of last November. There 
 was a class of men whose terms of enlistment 
 would expire in one month, two months, three 
 months, and, I believe, a half a month ; and 
 that many whose terms thus expired, instead of 
 going into the Confederate service, as Hughes 
 did, and, as the papers informed us, five thou- 
 sand others did, came home in February, and 
 at other times, and are at this moment peaceable 
 and loyal citizens of the State, yet who, by the 
 terms of this amendment, are to be disfranchised 
 of the most sensitive right of citizenship. 
 
 A word, Mr. President, in relation to what has 
 been so often alluded to here, as to the danger 
 of electing disloyal men to office. I have no 
 doubt that in parts of this State, and I hope 
 there may be many parts of it in every coun- 
 ty, indeed, I trust that citizens may be elect- 
 ed to the various public employments, high 
 and low, who are disloyal in the sense which I 
 spoke of yesterday, and who are, consequently, 
 loyal to the State and its institutions as well as 
 to those of the United States. The class of men 
 I spoke of are disloyal in the sense alone to 
 which fify-two of us committed ourselves in 
 the vote we have already given upon a propo- 
 sition similar to the one now pending; and it is 
 trusted that every county in this State will 
 elect men disloyal in that respect. And while 
 I cast no imputation on the judgment of the 
 ommittee, I believe, nevertheless, that the 
 main purpose of this disfranchising proposition 
 s to disfranchise men who are now as true and 
 oyal to the Government of the United States 
 as they ever were, but who are at the same 
 time true and loyal to the institutions of the 
 State of Missouri ; and intend, if their votes can 
 srevent it, not to see the State abolitionized, as 
 the effect of the coming elections. I will add, 
 ^virile I am up, that if gentlemen will bring 
 forward a proposition with reference to men 
 jv\\o are in the Confederate service, and who 
 vent beyond the requirements of our State 
 aw, as General Price and others have done, I 
 will vote for such a proposition. I have no 
 lympathy with those who are trying to over- 
 brow the Government of the United States ; 
 and let gentlemen bring forward a proposition 
 
129 
 
 to exclude them, and they will find me ready 
 both to discuss it and to vote for it. My theory 
 is, that if I am wronged by the Government of 
 the United States I will not break up that Gov- 
 ernment, but will seek to obtain my rights 
 under it. This is my theory ; and I have turned 
 it over so fully in my mind as to feel reasonably 
 certain that I shall remain forever loyal to the 
 Government of the United States, but it is to be 
 the Government with all its guaranties of "life, 
 liberty, and property." 
 
 My opinion of the class of men who, the 
 Democrat says, have " seen enough of the 
 elephant," is, that they will seek, as sedulously 
 as the most intelligent and steady Union man 
 can, (because their experience has satisfied 
 them of their past errors,) to find and place in 
 the offices in the gift of the people such men as 
 will hold the State to her appropriate national 
 moorings. That is certainly what I would do 
 myself, had I been found in error, namely : 
 seek to place in office the man who I believed 
 would the most sedulously avoid even an ad- 
 vance in the wrong direction. There may be 
 bad men whom we cannot reach, but that is 
 not the question here. The question here is 
 the great wrong that will be committed upon 
 men who are deemed to be good men three 
 thousand in a single district, according to the 
 Democrat. 
 
 Mr. PHILLIPS. I ask the gentleman from 
 Clinton if he believes 3,000 men have returned 
 to that district, or that 3,000 men ever went 
 from that district into Price's army. 
 
 Mr. BIRCH. I have no authority except 
 what I have read. 
 
 Mr. PHILLIPS. Does not the article in ques- 
 tion state it as being the declaration of men 
 returning from Price's army, without giving 
 an opinion as to its truth or falsity ? 
 
 Mr. BIRCH. I will read it again, sir. [Mr. 
 Birch again read the paragraph.] Now here 
 is a gentleman, a friend of the Democrat's, and 
 who evidently had means of knowing, who 
 states that the number was estimated at 3,000. 
 Of course, if he had thought otherwise he 
 would have stated, " my opinion is, there are 
 not so many." But this information is derived 
 from a man reliable enough to be quoted as 
 authority by the Democrat. 
 
 Mr. HITCHCOCK. I will ask the gentleman 
 to read the whole of that article. 
 
 Mr. BIRCH. I will do so : 
 
 " He says the disposition of this class is far 
 better than that of the malignant promoters of 
 rebellion, who, themselves staying at home, 
 
 9 
 
 prompted ardent and inconsiderate young men 
 to join the rebel army. These malignants are 
 bitter and unrelenting, and some of them en- 
 courage guerrillas in their predatory move- 
 ments, desiring to perpetuate the animosities 
 and hatred they have been active in creating. 
 The men who have seen the elephant, " and 
 had enough of it," return home better men, 
 and the influence of such in their neighbor- 
 hood is most salutary. 
 
 " At all times we have looked upon the great 
 mass of the rebel soldiery as being far less guilty 
 than their officers and instigators. The true 
 policy is one of clemency to the former, and 
 stringent severity to the latter." 
 
 Now I submit, respectfully, that the gentle- 
 man's proposition is strangely discordant with 
 that theory. It is presumable that these men 
 who have returned home have done so in the 
 reliance that their adversaries in this Conven- 
 tion and elsewhere, were as magnanimous as 
 they were brave, and for one, I trust, that that 
 is no undue reliance. Sir, have we not already 
 strength enough in the laws ? I but allude to 
 the fact that I have myself been recently sum- 
 moned before the United States Grand Jury, 
 in order to suggest that we have yet, as here- 
 tofore, within this State, judicial tribunals 
 which are deemed adequate to the redress of 
 every wrong and the punishment of every 
 crime. We have State courts, and State grand 
 juries, United States courts and United States 
 grand juries, and these tribunals are capable 
 of rendering legal judgment against any and 
 every man against whom deliberate or legal 
 guilt can be established ; and, for one, I do not 
 propose to go beyond the law as it was written. 
 It is upon this theory, as I think, that we may 
 obtain a restoration of the Constitution and the 
 Union, and it is for this that the gallant men 
 who are sitting among us in military costume 
 have come from their regiments, and will re- 
 turn to them again to fight. It is for the Union, 
 the Constitution, and the laws, that your sons 
 and my sons are fighting with them thus 
 guaranteeing that every free white man, 
 twenty-one years of age and not convicted of 
 any infamous crime, may exercise the white 
 man's right to vote ! 
 
 I thank the Convention for the courtesy 
 with which they have listened to me, and re- 
 gret that circumstances have compelled me to 
 say even the little I have said. 
 
 Mr. BRECKINRIDGE. I wish, Mr. President, 
 to say a few words, and very briefly, in answer 
 to the argument of the gentleman from Jack- 
 
130 
 
 son, (Mr. Comingo) who, lam sorry to see, is 
 not in his seat at this moment in which he 
 expressed certain doubts in regard to the con- 
 stitutionality of the amendment, which I have 
 this morning offered. To my mind it is so 
 clear that we have a perfect constitutional right 
 to adopt this amendment, that I had really 
 thought it unnecessary to say a word on 
 that subject; but as I find one or two others 
 here sharing the same doubts, I think it proper 
 to see if I can put all such doubts at rest by one 
 or two citations of undoubted authorities, and 
 otherwise. 
 
 First, as to the Constitution of the State of 
 Missouri. What is the extent of its power over 
 this body ? We have by the most solemn acts, 
 reaching to the most radical extent, declared, 
 by large majorities, over and over again, that 
 the only limits upon our power are the Consti- 
 tution of the United States, and our estimate 
 of what may be necessary in this great Nation- 
 al crisis to preserve the institutions of the 
 State, and protect the people in the enjoyment 
 of their rights as citizens of the Union; and 
 that our duty required us to enactsuch measures, 
 whether contemplated by the people at the 
 time of our election or not, as were necessary 
 to secure the public peace and the public safety. 
 Upon no other ground can our action in depos- 
 ing Governor Jackson, and in sweeping a trai- 
 torous Legislature out of office and out of ex- 
 istence, be defended, clearly right and necessa- 
 ry as that action was. The only question 
 which a majority of the members of this body 
 asked with regard to that matter was, " What 
 does the public safety require V there being 
 no hindrance to our action by any thing con- 
 tained in the Constitution of the State, since 
 we were authorized by the character of the 
 body itself, and even by the terms of the law 
 under which we were elected, to deal with the 
 organic law itself. 
 
 If, sir, we are obliged to go for instructions 
 to the Constitution of the State of Missouri in 
 regard to these matters, then have we clearly, 
 frequently, perhaps constantly, disregarded our 
 duty. Certainly a majority of the members of 
 this body are not laboring under such a delu- 
 eion as that. 
 
 But a part of the argument of the gentleman 
 from Jackson was, that this amendment being 
 retrospective, was in violation of the provisions 
 of the Constitution of the United States, because 
 it was ex post facto. Now, what, exactly, is the 
 meaning of that phrase ? What is an ex post 
 facto law ? It is the attempt to make that crim- 
 
 nal which was not criminal when committed. 
 That is the whole thing. It is perfectly simple, 
 and, as it seems to me, perfectly conclusive as 
 to the matter under consideration. But, rather 
 than waste words of my own, I will read from 
 a decision of the Supreme Court of the United 
 States on that subject : 
 
 ' The clause in the Federal Constitution con- 
 cerning ex post facto laws extends to penal stat- 
 utes only, and does not extend to cases affect- 
 ing only the civil rights of individuals." Cal- 
 der 8f wife against Bull $ wife. 3 Dallas' Reports, 
 page 172. 
 
 Again, in the case of the United States against 
 Hall, 2d Washington's Reports, page 366 : 
 
 " An ex post facto law is one which, in its op- 
 eration, makes that criminal or penal which 
 was not so when the action was performed, or 
 which increases its punishment." 
 
 Again, in the case of Society, &c., vs. Whee- 
 ler, 2 Gallison's Reports, page 138 : 
 
 'The clause in the Constitution of the Uni- 
 ted States concerning ex post facto laws does 
 not extend to civil rights or remedies." 
 
 Authorities without number might be cited 
 to the same end, but I do not think it necessary, 
 Mr. President, to say anything farther in re- 
 gard to that matter. 
 
 If I understood the gentleman from Jackson, 
 (Mr. Comingo,) he admitted that this Conven- 
 tion might deal with the qualifications of voters 
 so far as such action was prospective ; and this, 
 of course, I presume, no one will question. 
 But he argues that the proposed amendment 
 being retrospective, and determined in its ap* 
 plication to the individual citizen by his past 
 act, is ex post facto, since it attaches a penalty 
 not denounced against the act when it was com- 
 mitted. Now, sir, in addition to the authorities 
 I have already quoted, let me test the argu- 
 ment by asking a question. If this body should 
 determine so to modify the Constitution, that 
 whereas now voters are required to be but twen- 
 ty-one years of age, in future no one should be 
 allowed to vote who had not attained the age 
 of twenty-five years, I suppose my friend, 
 the gentleman from Jackson, would not doubt 
 its power to do so ; and yet, would not this be, 
 in one sense, retrospective? Would it not 
 clearly be liable to the objection he makes to 
 the amendment I propose, that it determines 
 the right of any given person to vote, by facts 
 occurring long anterior to the action of the 
 body by the time of his birth 1 Clearly, the 
 objection has no force in the case supposed. 
 
131 
 
 And yet, what more force has it in the case un- 
 der discussion ? It is proposed to apply to all 
 voters an oath, and to allow none to vote who 
 cannot truly swear that they have not taken up 
 arms against the Government of the United 
 States, or of the State of Missouri, since the 
 17th day of December, 1861. Again, sir, I do 
 not understand that it can be considered in any 
 proper sense of that term, a penalty. We sim- 
 ply declare, that whereas some hundreds or 
 thousands of the former citizens of the State 
 have been in arms against us, seeking to destroy 
 our liberties, and the liberties of the whole 
 people, they shall not aid us in administer- 
 ing the Government, nor in selecting those who 
 are to frame its laws, or to execute them. We 
 declare this, not as a punishment for the crime 
 of treason for death is the penalty of that crime, 
 and God forbid that we should attempt to make 
 treason so trifling a matter as to fix this as the 
 penalty. But, even if it were a penalty proper- 
 ly, itdoes notenlarge orincrease the punishment 
 denounced already by the law. Surely, gentle- 
 men must admit that as a strange perversion of 
 constitutional law, which justly consigns the 
 traitor to a felon's death, but leaves to him, by 
 guaranties we cannot impair, the right to aid 
 in moulding the policy, framing the laws, and 
 administering the government, of a State and 
 Nation he has sought to destroy. 
 
 The gentleman from Randolph (Mr. Hall) 
 presented this matter, the other day, in its true 
 light. He said, in substance I cannot recall 
 his words: We do not propose to punish 
 these men in this way, but to take them at their 
 word. They have left the State under the lead 
 of the most notorious traitors, with arms in their 
 hands, and with the fell purpose proclaimed 
 that they were seeking to destroy the Govern- 
 ment and its institutions. They have, by this 
 very act, virtually declared themselves disfran- 
 chised. But gentlemen here, by the course of 
 their argument, virtually say, we cannot accept 
 their renunciation of the right to vote; that, not- 
 withstanding their abominable crimes, we are 
 driven, by the hard necessities imposed on us 
 by the Constitution, to beg and beseech them 
 not to say that they have cut themselves off 
 from us forever ! And we are asked to put into 
 their mouth penitent words beseeching pardon ; 
 and then to put them on a level of perfect equal- 
 ity with every loyal citizen of the State. 
 
 Sir, I love mercy and magnanimity. We are 
 taught by the blessed religion which some of 
 us, I know, profess, and all of us ought to prac- 
 tise, to cultivate charity. But I have never 
 
 understood as any part of its gentle teachings 
 that we should be so eager to forget the crime 
 and to forgive the criminal as to take him again 
 into our confidence while yet impenitent, or 
 giving no sound evidence of true repentance, 
 and provide for him new means with which to 
 prosecute his evil designs against us, and new 
 weapons to thrust into our bosom. 
 
 Mr. ORR. Do you take the position that any 
 criminal or penal code can disfranchise a man 
 without a trial ? 
 
 Mr. BRECKINRIDGE. No, sir ; nor do I think 
 any remark I have made tends in that direc- 
 tion. I say death is the punishment for treason, 
 and is so declared by the law. 
 
 Mr. ORR. I was alluding to a remark made 
 by the gentleman from Randolph. 
 
 Mr. BRECKINRIDGE. I do not remember 
 the remark to which the gentleman from 
 Greene (Mr. Orr) alludes. Now, the men 
 who have committed these acts of violence, 
 who have been guilty of this crime against the 
 the nation and this State call it by whatever 
 name you please, I call it treason have thus 
 virtually declared that they no longer desire 
 to be citizens of Missouri ; but gentlemen, in 
 the overflowing tenderness of their hearts in 
 the overpowering charity which seems to blind 
 their vision can think and speak only of their 
 vested rights as citizens. 1 spoke, a moment 
 since, of charity. We ought to cultivate it : it 
 is a noble virtue; but are we by any law, or 
 dictate of charity, required to call these rebels 
 back, and to put into their hands new weapons 
 by which they may again strike deadly blows 
 at our bosoms ? I think not, sir. I do not 
 think, when the laws of every State in the Un- 
 ion, and the laws of the United States, have 
 delared death as the proper penalty for treason, 
 that a man who has sought distinction as a rebel 
 leader, or as a rebel private, should be allowed to 
 come back unquestioned, and by simply announ- 
 cing to the gentleman from Clinton (Mr. Birch) 
 that he is sorry for his conduct, that he is sick 
 of the rebellion, and that he wants peace, be im- 
 mediately re-clothed with all the rights that 
 gentleman possesses, and with all the rights I 
 possess. I would deal with them, as far 
 as they have been misguided and deluded 
 as far as they are ignorant, and have been mis- 
 led by able and crafty men with all possible 
 forbearance ; and I am sure, if it be true that 
 these men are actuated by true and honest im- 
 pulses and purposes, and are sincere in their 
 desire to return to their allegiance, they will 
 be the last to complain that we have put upon 
 
132 
 
 them so light a penalty. The}' will be eager, 
 rather, to prove by their ready acquiescence in 
 whatever measures may be deemed necessary 
 for the safety of the State, the genuineness of 
 their repentance, and the sincerity of their pur- 
 pose to atone for all the evils they have brought 
 upon us. Show me a truly repentant traitor, 
 and I will show you a person against whom I 
 have no vindictive feeling whatever. Show 
 me one who is truly repentant, and I will show 
 you a man who will bow to the majesty of the 
 law that says to him : " Come back among 
 your former fellow-citizens, and receive and 
 enjoy the protection the law gives to the best 
 and purest of our people ; come and repose un- 
 der your own vine and fig tree, in perfect se- 
 curity, so far as any new penalty is concerned ; 
 but remember that your hands are polluted with 
 your brother's blood, shed without a cause ; 
 that you have endeavored to destroy the best 
 and noblest government upon earth ; and that, 
 for the present at least, it becomes you to be 
 content with this that, at least until we have 
 tested the sincerity of your sorrow, you cannot 
 share with those who have been always loyal 
 the full privileges and responsibilities of per- 
 fect citizenship ; that shame, seclusion, silence, 
 better become you, than participation in the 
 earnest but bloodless contests of free citizens 
 at the polls." I am amazed that gentlemen 
 should allow the tenderness of their hearts to 
 lead them into anything' feat seems to me so 
 perfectly vicious. 
 
 I wish, in response to a remark that fell from 
 my friend on the left, (Judge Smith of Linn,) 
 whose advocacy of my amendment I was g'ad 
 to hear, to disabuse hie mind upon one point. 
 This amendment is not my choice at all. I 
 would rather infinitely rather for every rea- 
 son, that this Convention should determine 
 that those men who have been concerned in the 
 rebellion, at any time, should not vote at all; 
 that those who have borne arms, and levied 
 war against the Government of the United 
 States, at any time, should thereby stand dis- 
 franchised ; for I do not care to say that, up to 
 the 1st of August, or up to the 17th of Decem- 
 ber, 1861, treason was so light a thing that we 
 could readily forgive it, but that, after that, it 
 became a serious matter. I do not like to say 
 that ; and if I can induce the members of the 
 Convention to agree with me, I will most glad- 
 ly strike out all dates, and let the exclusion ap- 
 ply to all past time. I have framed this amend- 
 ment to go back only to the 17th of December 
 last, because I feared from the opinions already 
 
 expressed this body would not be willing, in 
 any case, to go further. But, in asking what 
 is here proposed, I am only asking what it is 
 the clear duty of this Convention to grant. In 
 asking this much, I speak no less for my own 
 constituency than for thousands of loyal men 
 throughout the State, and urge only what our 
 own interest and safety clearly require. I sim- 
 ply ask this Convention to do what every firm 
 and truly loyal man has demanded, and what 
 is pressed upon us daily by letters, by petitions, 
 by articles in the public press, and by constant 
 expressions of popular opinion in every form. 
 They have demanded even more than my 
 amendment asks for. 
 
 There is another matter to which I wish 
 briefly to allude. The gentleman from Clinton 
 (Mr. Birch) has spoken of the amnesty ordf- 
 nance formerly adopted by this body. I do not 
 understand that that ordinance provides, in 
 terms or by implication, that those who have 
 have been engaged in the rebellion shall be 
 clothed again with all the civil rights they have 
 forfeited by their treason. I do not understand 
 that any one can claim under it a right to vote. 
 It provides only that those who, having been 
 engaged in the rebellion, shall, within a given 
 brief time after its passage, return to their loy- 
 alty, and comply with certain conditions, shall, 
 so far as we have power to release them, be ab- 
 solved from the fearful punishment their crimes 
 deserve, and, perhaps, adds the promise to in- 
 terpose a plea in their behalf to the Govern- 
 ment of the United States. I do not under- 
 stand that this Convention has ever announced 
 that such persons shall be so thoroughly puri- 
 fied of all sin, as that their treason shall be 
 straightway forgotten, and they re-instated in 
 the enjoyment of all the rights of citizenship 
 their acts have forfeited. We promised them 
 security, and pardon for their crimes, so far as 
 we had power to give it ; but we did not prom- 
 ise that we would do anything towards the 
 restoration of their rights at the ballot-box. 
 But, even if it were otherwise, the proposition 
 I have submitted in no way conflicts with it, 
 for the time to which it applies is chosen be- 
 cause it is the very day on which, by the terms 
 of the amnesty ordinance, the right to claim 
 protection under it ceased. Indeed, sir, the 
 opposition to this amendment indicates a dis- 
 position on the part of gentlemen to enlarge 
 the terms of that amnesty, or to declare a new 
 one. The one last adopted, as the Journals 
 and the published Debates will show, was adopt- 
 ed against my vote and earnest protest. We 
 
133 
 
 have exhausted forbearance already ; we have 
 humbled ourselves, and the great people we 
 represent, by the frequency and the importu- 
 nity of our appeals to rebels (who continue to 
 defy us, to deny our authority, and seek to de- 
 stroy us) to return and accept pardon. The pol- 
 icy is bad it is ruinous. When we have crushed 
 the rebellion and restored peace, when not one 
 rebellious arm is raised, or word uttered with- 
 in our borders, and the just authority of the 
 Government is fully restored, then, sir, we may 
 indulge in pardons and in amnesties. But we 
 have enough of them until treason is at an end. 
 Will gentlemen never learn will no experience 
 satisfy them that conciliation will not answer ; 
 that gentle methods, in dealing with traitors, 
 are ruinous ? I think we should be satisfied, 
 sir, by this time, that, to use their own phrase- 
 ology, to let them alone, is the very course to be 
 pursued, if we wish to make traitors most vio- 
 lent and implacable ; and that just in proportion 
 as the arm of the Government rests heavily 
 upon them, and punishment is certain, swift, 
 and terrible, is their return to loyalty likely to 
 be speedy and thorough. 
 
 Mr. ALLEN. Will the gentleman from St. 
 Louis give way for a motion to adjourn 1 
 
 Mr. BRECKINRIDGE. I thank the gentleman 
 from Harrison, but I shall occupy but a few 
 moments more, and I prefer to conclude now 
 what I have to say. The gentleman from 
 Clinton, if I understood him, seemed to be of 
 the opinion that this amendment would cut off 
 those who have renounced the rebellion and 
 their pretended allegiance to the so-called Con- 
 federacy, and accepted our amnesty. 
 
 Mr. BIRCH. The gentleman is mistaken, and 
 I cannot better correct his mistake than by 
 repeating myself what I said. I said that our 
 amnesty expired on the 17th day of December, 
 and that there were many men in Price's army 
 who never heard of it. 
 
 Mr. BRECKINRIDGE. Exactly; I was not 
 much mistaken in the point I was endeavoring 
 to make. The idea was this : that we had de- 
 clared an amnesty to the persons with whom 
 the gentleman from Clinton, in his imprison- 
 ment and confinement, was associated in the 
 rebel camp. If they had not heard of our am- 
 nesty, no doubt he proclaimed it to them. 
 
 Mr. BIRCH. I will state, Mr. President, I 
 only did so as far as I thought I might without 
 violating any rule as a prisoner of war. 
 
 Mr. BRECKINRIDGE. I do not suppose or in- 
 tend to intimate that the gentleman violated 
 propriety in any respect. 
 
 Mr. BIRCH. When the subject was brought 
 up by others, I spoke without restraint. 
 
 Mr. BRECKINRIDGE. I have no doubt the 
 gentleman was most scrupulous in observing 
 all his duties as a prisoner of war ; but the 
 point is urged that these men to whom this am- 
 nesty was declared, stated that, as soon as they 
 had performed their terms of service, under 
 Price and in the rebel army, they intended to 
 come back and claim protection of this Con- 
 vention against our violated laws, and the out- 
 raged Government of the United States. Now, 
 did ever the like of that strike upon human 
 ear before ? You promise an amnesty to a trai- 
 tor in the midst of his treason ! To which he 
 replies : I am enlisted in this abominable busi- 
 ness for six months or a year ; but after my 
 term of service has expired, then I will come 
 home, ask pardon, and avail myself of your 
 amnesty, and seek the protection of that Gov- 
 ernment whose citizens I shall continue to mur- 
 der, and which I must seek to destroy, until 
 the term for which I have enlisted expires. 
 
 Mr. BIRCH. I stated that it was out of the 
 power of these men to accept our amnesty. 
 They told me that they were enlisted, and could 
 not get away ; but as soon as their terms of en- 
 listment expired, they would come back ; and 
 I said to them they had to do with a Conven- 
 tion as magnanimous as it was brave. 
 
 Mr. BRECKINRIDGE. I would not give one 
 pinch of snuff, Mr. President, for the loyalty 
 of any man who refuses to lay down the wea- 
 pons of treason, and return at once. [Applause.] 
 The idea is monstrous. That one in arms 
 against the Government is offered an amnesty 
 for past offences sees his error is willing to 
 renounce it, and desires to claim the amnesty 
 and yet and yet, upon a scruple of honor, I 
 suppose must serve out the full term he has 
 pledged to treason before returning to loyalty. 
 If he was likely to be subjected to danger by 
 abandoning that service, disregarding his en. 
 listment, and returning home, it is only one of 
 the dangers his own guilty conduct has brought 
 upon him. Will you declare that a man may 
 serve out his enlistment, six or twelve months,, 
 after he has heard of the offered amnesty, and 
 that he may then be pardoned when he returns 
 and says, " Here is my honorable discharge 
 from a most dishonorable service, in which I 
 continued long after I heard of your offered 
 amnesty, and long after I became convinced of 
 its character ; because, my honor did not per- 
 mit me sooner to abandon it" ? Mr. President, 
 I will not do it. 
 
134 
 
 Mr. BIRCH. Would the gentleman deal thus 
 with the thousands in the old Southern States, 
 whom he and I have argued are in the move- 
 ment against their will, and who did not lay 
 down their arms under the President's procla- 
 mation because they could not do it ? 
 
 Mr. BRECKINRIDGE. I have always insisted, 
 and still do insist, that the great body of the 
 people of the seceded States are, at heart, this 
 day loyal, and have been throughout ; and I do 
 not doubt that thousands of those who have 
 been forced to enlist under their infamous con- 
 script law, will seek the first opportunity to 
 cast away the guns that blister their patriotic 
 hands. But, show me one of them who will not 
 improve the first opportunity to escape who 
 still clings to his bondage upon the plea of serv- 
 ing out his term of enlistment and I will show 
 you one who is, before God and man, a self-con- 
 demned and convicted traitor. 
 
 Mr. BIRCH. I will ask but one more indul- 
 gence, and that is to state that the circumstan- 
 ces of these men upon Sac river were such that 
 it were death for them to have deserted. I 
 travelled seventy miles with a safe escort 
 through that country, and I never expect to 
 travel seventy miles under more trying circum- 
 stances again. The whole country was infest- 
 ed with a class of devilish persons who would 
 have shot me out of mere private revenge. 
 But the point I wish to make is this : that from 
 the camp upon Sac river almost to the town of 
 Sedalia, there were nothing but secessionists ; 
 and if a man had attempted to escape from 
 Price's army as a deserter, he would have been 
 apprehended before he had gone two miles from 
 that camp. 
 
 Mr. BRECKINRIDGE. May I ask the gentle- 
 man what proportion he supposes, of the per- 
 sons whom he desires should be permitted to 
 vote, were engaged in that occupation I mean, 
 what proportion of the "devilish kind" that 
 he describes ? 
 
 Mr. BIRCH. Well, I will answer the gentle- 
 man after a moment's reflection. Of the men 
 I met, I do not think there were more than 
 three or four ; there may have been as many 
 hundred. There was one especially of whom 
 I was myself so much afraid, that, although I 
 knew I was going to be discharged the next 
 
 day, I went to a friend well, I will let it all 
 
 come out it was Coleman, who had authority to 
 raise a regiment, and he was acquainted with 
 another man, who was a most desperate char- 
 acter, and who had threatened to take my life. 
 I got Coleman, after I was discharged, to go to 
 
 this man and induce him not to waylay or shoot 
 me after I had passed the lines. Now, I will 
 allude to another thing while I am speaking, 
 and I wish to impress what I say in favor of 
 those men, that the Missouri Democrat thinks 
 have come home for the purpose of becoming 
 good and loyal citizens, 
 
 Mr. BRECKINRIDGE. Does the gentleman 
 propose to make any distinction at all between 
 those classes of secessionists and rebels who so 
 alarmed and troubled him after he got beyond 
 Price's lines, and who were not, of course, re- 
 strained from returning to their loyalty by any 
 fear of punishment for deserting, and the other 
 class for whom he speaks ; or does he desire 
 them all to vote ? 
 
 Mr. BIRCH. I say they were all secession- 
 ists, and that at any point within seventy miles 
 of Sac river a deserter would have been arrest- 
 ed ; but I say again, bring forward an amend- 
 ment to properly include this class of bad men, 
 and it shall have my vote. 
 
 Mr. BRECKINRIDGE. I thought the gentle- 
 man's purpose was to exclude those who had 
 been in the Confederate service. 
 
 Mr. BIRCH. I said that in another connec- 
 tion. I said, bring forward a proposition to ex- 
 clude these bad men these guerrillas and I 
 will vote for it; but I am opposed to this, be- 
 cause it cuts off three thousand men, who, ac- 
 cording to the Democrat, are good men. 
 
 Mr. BRECKINRIDGE. The Democrat is not 
 authority for me ; it does not reflect 
 
 Mr. BIRCH. Oh! I am happy to hear the 
 disclaimer that the Democrat is not authority 
 for the distinguished delegate from St. Lonis. 
 
 Mr. BRECKINRIDGE. If the gentleman will 
 allow me to conclude the sentence, in the midst 
 of which he interrupted me, I say, there 
 are many matters as to which that paper 
 does not reflect my views. As far as that 
 paper, or any other, allows itself to favor 
 any measure, or advocate any policy, which 
 I think destructive of the best interests of 
 the community, it is no authority for me; 
 but as far as that paper is conducted for the 
 purpose of preserving the Uivon, it is authority 
 for me and all Union men. But, as I understand 
 it, the gentleman reads a paragraph, in which 
 it is estimated that three thousand rebels have 
 returned to Howard county, or that immediate 
 region, which comes from some unknown wri- 
 ter, not, perhaps, entitled to any weight, and 
 which is published in the Democrat as a mere 
 item of news, and on it, as he says, bases his 
 proposition to throw open the polls to the very 
 
135 
 
 men we have been obliged to take up arms to 
 expel and destroy. 
 
 Mr. BIRCH. It is an editorial article headed 
 " Price's army returning." 
 
 Mr. BRECKINKIDGE. An editorial then based 
 on this information. Let the gentleman under- 
 stand me ; I make no unkind allusion to the 
 Democrat. I know its editor and proprietors 
 well ; they are, I think I may say, my personal 
 friends. But, sir, it often happens that in the 
 columns of that paper measures are advocated 
 which I consider very erroneous, and so far, it 
 is not authority for me ; but in other respects, 
 as far as the preservation of the Union is con- 
 cerned, and their efficient and earnest efforts in 
 that behalf, that paper is authority for me. 
 But suppose it to be true. For the sake of 
 the argument let it be admitted that three 
 thousand men from Price's army have re- 
 turned to the locality named. How does this 
 fact affect my position ? Will the number 
 induce the gentleman to consider that proper 
 which, under other circumstances, he would 
 refuse to do ? Surely he does not propose to 
 decide his course only by the question how 
 many voters he will exclude from the polls 
 how many can be induced to vote. Sir, I say 
 this, and I beg the gentleman not to think me 
 unkind in doing it : it may be that in the plen- 
 titude of his charity the gentleman from Clin- 
 ton, standing at bis own election precinct, and 
 seeing the same red-handed traitor from Price's 
 army of whom he has spoken, coming up to 
 the polls and casting his vote according to his 
 fancies, could forgive him all his evil deeds ; 
 but I do not think I could forgive such a man's 
 treasonable acts, simply because he would 
 be willing to cast his vote to suit my own 
 fancy. The gentleman talks about courts and 
 grand juries, and petty juries ; but does he not 
 know that these very men, where they have 
 the power, refuse to allow the courts to sit ; 
 refuse to allow the sheriffs to summon a 
 grand jury, or threaten his life if he puts 
 on a jury men who will indict, or, if they are 
 indicted, will convict them ? Suppose a court 
 is held, and a notorious traitor is sought for, 
 and indicted on account of his many and atro- 
 cious violations of law, and is brought to trial : 
 suppose the gentleman from Clinton is sum- 
 moned as a witness, and he says under oath, 
 " This man is a guilty traitor ; but he told me 
 he was sorry for what he had done, was anxious 
 for peace, and sick and tired of the rebellion ;" 
 and then suppose the gentleman, as his at- 
 torney for I believe he practises law, and I 
 
 am sure with great ability addresses the jury, 
 and seeks to convince them that the offence 
 which this man committed was, after all, a little 
 matter that he was simply exercising his own 
 opinions that it was right to despoil and press 
 the property of loyal men, or that he entertain- 
 ed the belief that murder was a proper thing, 
 when Union men were the victims, and there- 
 fore the jury must forgive his offence and find 
 him innocent : and still further, suppose this 
 rebel has voted according to the views of the 
 gentleman, and, though convicted of some dark 
 felony, finds in the gubernatorial office some 
 friend who thinks offences, however grave, 
 committed by those in whose opinion they are 
 right, are not proper subjects of punishment, 
 and so quickly pardons him ; how does this, 
 in principle, differ from the course the gentle- 
 man proposes now to take ? Let the same prin- 
 ciple be applied everywhere, and the same 
 course of action adopted, and I ask gentlemen 
 how long it will require to debauch the loyalty 
 of our people how long it will be before the 
 line of separation between loyal men and trai- 
 tors will be effaced how long before we will be 
 hopelessly given up to treason ? No, sir, I will 
 not by my vote consent to such a thing. 
 
 The gentleman says many of these men en- 
 listed under the laws of this State referring, 
 no doubt, to a law passed by the last Legisla- 
 ture, the infamous Military Law. Does the 
 gentleman forget that that atrocious law was 
 swept from our statute books by this Conven- 
 tion, at its session in July of last year ? 
 
 Mr. BIRCH. They never heard of it. 
 
 Mr. BRECKINRIDGE. Because the ears of 
 men are closed, are we never to execute our 
 laws ? Are repeated amnesties to cover all out- 
 rages, because those who commit them will not, 
 or do not heed the conditions we a'tach to our 
 offers of pardon ? If the deaf man commits 
 murder, are we never to execute the law which 
 denounces it because he has not heard of it ? 
 Sir, I think it would be bad policy to pardon 
 him on such a flimsy plea, and the gentleman 
 will find it necessary to reverse our whole sys- 
 em of justice if such methods are to prevail. 
 Through the hard experience of last summer, 
 beginning at Boonville, and continuing through 
 Carthage, and Wilson's Creek, and Lexington 
 through all this experience, these men have 
 gone, and the gentleman thinks that during all 
 that time they carried the seeds of repentance 
 in their hearts ; and now, after we have fixed 
 a day, upon which, if they had returned, par- 
 don was promised, and given them permission 
 
136 
 
 to return within a specified period and receive 
 the protection of the Government, and find our 
 offers despised, the gentleman still says Let 
 them all come back, however heinous their of- 
 fences ; let them all come back and exercise 
 their rights : after exercising their rights in 
 endeavoring by violence to force us out of the 
 Union, let them exercise their rights in striving 
 to vote us out! We swept from the statute 
 books the law under which they enlisted ; we 
 declared every act of violence, on their part, if 
 it amounted to the killing of a fellow-man, mur- 
 der; but now the gentleman supposes they may 
 not have heard of that may not have been 
 told that we had annulled the law under which 
 they enlisted, or properly classified their wick- 
 ed acts. 
 
 The gentleman makes a distinction which I 
 was sorry to hear him make. We have had 
 too many fine drawn distinctions. Too many 
 of the men of whom he speaks, who have been 
 led into treason, have been led into it originally 
 by these cobwebs of abstract opinion upon State 
 rights. Too many fine intellects have been 
 led into disloyalty to the State and the United 
 States by these fallacies. I have no room in 
 my mind for such distinctions. Point me to a 
 man who is disloyal to the Government of the 
 United States, and I will point you to a man 
 who is disloyal and a traitor to the State of Mis- 
 souri. Show me one truly loyal to the State, 
 and I will show you one truly loyal to the 
 United States. 
 
 A VOICE. That is true, sir. 
 Mr. BRECKINRIDGE. The gentleman will 
 pardon me for saying it is a part of the same 
 old poison of misunderstood State rights, so 
 perniciously used, and to such fatal purpose, 
 in the hands of wicked and designing men. 
 The gentleman here proclaims, if I do not mis- 
 understand him, his purpose always to be loyal 
 to the State and to its institutions ; but he seems 
 not to care much about making avowals of his 
 purpose to be loyal to the Government of the 
 United States. Let me ask the gentleman, for 
 he alluded in unmistakable terms and I have 
 no complaint to make to a proposition which 
 I had the honor to introduce and advocate the 
 other day concerning the emancipation of slaves ; 
 he referred to the views therein expressed, and 
 to the institution therein alluded to. Let me 
 ask the gentleman : suppose the choice comes 
 I trust it may never come, perhaps it will 
 not but suppose it does, the choice between 
 slavery and his loyalty to the Government of the 
 United States, where will his choice place him 
 
 Mr. BIRCH. I suppose I shall have to an- 
 swer the question, and I will premise by re- 
 marking that it has become quite fashionable 
 of late for gentlemen to write and speak sub- 
 stantially these words " If I have to choose 
 between the institution of slavery, and the 
 Government of the United States, I am for my 
 Government." I did not like these words when 
 I first saw them in print, and as I read them in 
 the reports of speeches, I thought they had 
 an Abolition twang. I thought they meant 
 that, bye and bye, Lincoln, as President, would 
 assume that he had authority to judge whether 
 slavery could longer be continued in the South- 
 ern States compatible with the operations of 
 his army, and that he would decide it could not, 
 and that he would wipe it out ; and therefore, 
 Lincoln having decided, and they deeming him 
 competent to decide the question, the question 
 would then come up between loyalty and sla- 
 very, and they would stand for the United 
 States. I say inasmuch as the Constitution of 
 the United States expressly ordains that no 
 person shall be deprived of life, liberty, or prop- 
 erty, except by due process of law, every law- 
 yer understands that the President of the 
 United States has not in war more than in 
 peace, any more authority to issue such a pro- 
 clamation as that, than the delegate who stands 
 here to address you ; and the position upon 
 which some gentlemen place themselves in ref- 
 erence to this matter, as regards the existence 
 of the present war, against the emphatic decla- 
 ration of the Constitution of the United States, 
 signed by Washington ; and if Lincoln shall 
 ever come forward, as it is rather dimly fore- 
 shadowed in his proclamation revoking the 
 Hunter proclamation, and proclaims freedom, 
 the torch and the dagger to the slaves of the 
 Southern States, and I am in any public posi- 
 tion to have a voice upon the matter, he shall 
 never have with my vote, or my voice, a man 
 or a single dollar, from the State of Missou- 
 ri never ; and that is my answer. 
 
 Mr. BRECKINRIDGE. And still, Mr. Presi- 
 dent, the mists of State rights have so becloud- 
 ed the gentleman's reason that I get no answer 
 to my question. 
 
 Mr. BIRCH. I supposed that I had given a 
 full answer to the gentleman. 
 
 Mr. BRECKINRIDGE. To make my proposi- 
 tion plain to the gentleman's understanding : 
 suppose that slavery, by the march of armies 
 through the regions where it exists, finds its 
 existence in peril, and almost destroyed ; I 
 wish to know, if, by the march of armies through 
 
137 
 
 those regions, the slave is released from his 
 bonds, who would be responsible ? 
 
 Mr. ORR. I hope we are" not going to have 
 this question sprung upon us again. I see no 
 connection between 
 
 The VICE PRESIDENT. I will state that the 
 whole speech of the gentleman from St. Louis 
 is out of order ; he has already spoken once on 
 his amendment. 
 
 Mr. OKK. Well, I thought the Convention 
 had put a stop to the nigger question the other 
 day. 
 
 Mr. BRECKINRIDGE. The debate has taken 
 a wide range, Mr. President, and I have done 
 no more than very hurriedly to try to answer 
 some of the arguments made by others, who 
 were not considered out of order. 
 
 Mr. HUDGENS. If the gentleman will give 
 way, J will move to adjourn. 
 
 Mr. BRECKINRIDGE. I thank the gentleman 
 from Andrew, but I shall speak but a few mo- 
 ments longer. I will only say that, for me, using 
 the phraseology the gentleman from Clinton de- 
 plores so much, if the choice ever comes 
 as between any institution existing under the 
 Constitution of this State or the United States, 
 and the Union of these States, I am for the 
 Union always, forever, and by every pledge. 
 [Applause.] 
 
 The gentleman made some allusion to the 
 fact alleged by him that these rebels acting with 
 Price had not enlisted in the Confederate ser- 
 vice, and were not bound to it, but had been 
 doing what they supposed to be their duty un- 
 der the law of this State. I find, sir, in the 
 speech delivered by the gentleman on the 12th 
 of October last, in this body, then in session 
 in St. Louis, and when he was endeavoring to 
 answer certain remarks of my late colleague 
 (Mr. Wright), and to convince him that the oath 
 then proposed, and by our ordinance soon after 
 required to be taken by all civil officers in this 
 State was most proper, the following : 
 
 " In default of this (the oath of loyalty to Ike 
 Confederate Government) the following copy of the 
 oath administered to such of the captive officers at 
 Lexington as would consent to take it may throw a 
 little lifjhton the subject; and will be particularly 
 refreshing to those who yet innocently believe that our 
 late President (Sterling Price) and his command 
 are still loyal to the Government of the United 
 States : 
 
 " ' The undersigned, 1st Lieutenant, a pris- 
 oner of icar, at , pledges his sacred word of 
 
 honor that he will not again, during the present 
 war, take up arms against either the State of Mis- 
 
 souri or the Confederate States of America; and 
 that he will not give aid or comfort, in any way 
 whatever, to the Government of the United State 
 or any of its armies, until he shall have been released. 
 This parole is given upon the condition that the same 
 may be surrendered at any time to the commanding 
 officer of any military post of the Missouri State 
 Guard. 
 
 " ' Given at Lexington, Missouri, September 25th, 
 1861.'" 
 
 He was arguing then, Mr. President, from a 
 different stand point from the present, lie was 
 seeking to persuade my late colleague that an 
 oath was a very proper thing, and would be 
 particularly refreshing to those who might take 
 it, and would apply a most admirable test to all 
 officers, who, if not loyal, should be hurled 
 from office. Have not the gentleman's views 
 apparently undergone a change with regard to 
 the efficacy of oaths and the propriety of ad- 
 ministering them 1 The particular matter, 
 however, I wish here to notice, is the character 
 of this parole I have just quoted. Is it not 
 manifest that those who administered it were 
 in the service of the so-called Confederacy, to 
 abstain from bearing arms against which, and 
 from aiding the enemies of which, is the condi- 
 tion on which they release prisoners ? Can the 
 gentleman seriously insist that they were not 
 really pledged to that bad cause ? 
 
 Mr. BIRCH. My recollection is that at the 
 battle of Wilson's Creek, Gen. Price came un- 
 der McCulloch, who was a Confederate Gene- 
 ral. Price, therefore, I suppose, was subordinate 
 to McCulloch, and the men were subsequently 
 informed that they were Confederate soldiers. 
 They were enlisted under Price, but he had 
 transferred them to McCulloch. 
 
 Mr. BHECKINRIDGE. And yet the gentleman 
 says they were not in the Confederate service ! 
 I do not think the answer of the gentleman 
 amounts to much ; and it seems to me my point 
 is preserved. 
 
 I desire, before I close, to warn the gentle- 
 man, for whom I have the kindliest feelings, 
 that the abandonment of well-established prin- 
 ciples is dangerous ; that he, however able, 
 who allows himself to become involved in nice 
 distinciions concerning the duty of loyalty and 
 its degrees, and can find at such a time a loy- 
 alty to the State which he accepts, and a loyal- 
 ty to the United States which he rejects, is lia- 
 ble soon to fall into that hopeless, fathomless 
 gulf into which so many have fallen ; that 
 especially he is treading a dangerous and a 
 downward path, when he seeks to find the point 
 
138 
 
 at which he may cease to sustain the Govern- 
 ment of the United States and still be loyal to 
 the State. I beg the gentleman to consider 
 this warning, although coining from one much 
 younger, with far less experience and less wis- 
 dom, perhaps, than himself, as worthy of earn- 
 est thought. 
 
 Mr. President, I remember, when a boy, see- 
 ing sometimes curiously painted signs that 
 some cunning painter had designed, so that 
 when approached from one side or the other, 
 or in front, you would read announcements al- 
 together different. The language they spoke 
 depended entirely on the point of view of those 
 who looked at them ; and so, it seems to me, 
 these signs may be used to show the positions 
 into which some gentlemen are apt to fall, and 
 the varying and inconsistent opinions they ex- 
 press, as they change their stand point. Ap- 
 ply it to the case of the gentleman from Clin- 
 ton. Standing in his place in this body in the 
 spring of 1861, fresh from the loyal con- 
 stituency who sent him here, and denouncing 
 with earnest and eloquent words the purpose 
 he then exposed, of attempting to overawe and 
 control this body in the interest of treason, he 
 reads the words " Base conspiracy." Some 
 months later, and when, because of words spo- 
 ken in seeking to secure aid from the enemy in a 
 canvass for a high office, he was arrested by a 
 Federal officer, whose honest mind did not ap- 
 prefiate the gentleman's nice distinctions and 
 refinements, and who suspected him of giving 
 as well as seeking aid, and standing now a pris- 
 oner in a Federal camp, he reads the words 
 " Federal oppression ; loyal to Missouri." And 
 now, again, standing at some election precinct, 
 surrounded by a throng of admiring and re- 
 pentant rebels, who by their ballots prove their 
 gratitude for his efforts this day in their behalf, 
 he reads the* words "LOYAL, HONEST, TRAI- 
 
 TOll VOTERS." 
 
 Mr. President, let the gentleman be warned. 
 The course he is pursuing is not safe. It sad- 
 dens me to think where much further progress 
 in it will lead him. 
 
 I think it my duty to be as charitable as I 
 can to the deluded, ignorant and foolish men 
 who have engaged in this wicked rebellion ; but 
 never, never, in the name of justice and truth, of 
 violated oaths, of ruined homesteads, and anal- 
 most ruined people never let us propose to 
 deal out this kind of charity in behalf of the 
 wicked leaders and rulers of this movement, 
 who, by the course the gentlemen propose, 
 will find power again to convulse and desolate 
 
 the State. Let us never forget how much our 
 wives, our children, and our fellow-men have 
 at stake in the present controversy, and let us 
 not sweep all their hopes away for the votes of 
 a few loyal traitors. 
 
 Mr. McFERRAN. I move an adjournment. 
 
 The Convention then adjourned until 2 P. M. 
 
 AFTERNOON SESSION. 
 
 Met at 2 P. M. 
 
 Mr. HALL of Buchanan introduced the me- 
 morial of Mr. Morrison, late State Treasurer. 
 Referred to the Committee on Finance. 
 
 Mr. MCFERRAN. Mr. Presided, I desire, in 
 a very brief way, to give my views with refer- 
 ence to the proposition now before the Con- 
 vention. I have regretted the course that the 
 debate has taken to-day. I regret that there 
 has been so much of what may be called "stump 
 politics" in the Convention. It matters but 
 little to the people of the State what record a 
 politician may make here. We are not here to 
 make records for ourselves in a future political 
 canvass, but, on the contrary, sir, we are here 
 to discharge duties of the greatest and most 
 responsible character. Party politics, canvass 
 politics, and records of politicians, are of small 
 consequence when brought to bear against the 
 great questions that rest upon the members of 
 this Convention for their determination. The 
 question before the Convention is the safety of 
 the State. That, sir, is the question that de- 
 mands the consideration of the people's repre- 
 sentatives, and that is the question that demands 
 the consideration of statesmen unprejudiced 
 and unbiased in their deliberations; and it 
 ought not, sir, to be interlarded with partisan 
 politics, canvass politics, or political records. 
 Then, sir, what does the safety of the State 
 require in relation to the elective franchise? 
 That is the question. The man that labors 
 here, and gives his views and his determinations 
 under prejudice or passion, will have not only 
 done himself an injury, but will have injured 
 his State and the great cause of human liberty. 
 I hope, sir, that I have no prejudice in this 
 matter that I cannot govern or control. I know, 
 sir, the evils that our State has been involved 
 in, and the machinations of designing men that 
 have desolated our great and beloved State, and 
 the untold wrongs that we have suffered, and 
 the wrongs that our friends and families have 
 suffered; and when we think of the great evils 
 inflicted on the State by demagogues and de- 
 signing men, it takes, I confess, some philoso- 
 
139 
 
 phy to rid the mind of prejudice and passion. 
 Retaliation is a law that is sweet to the human 
 heart and mind, and unless we guard ourselves 
 we will retaliate frequently when we least 
 expect it. 
 
 I rtgret, sir, another thing that has transpired 
 during the deliberations of this Convention. 
 I i egret, sir, the menacing or implied threaten- 
 ir.gs that have been used in the course of debate 
 in order to influence the minds of members. 
 It is said, sir, that if we do what in our calm 
 judgment we believe to be absolutely necessary 
 for the preservation of the State, it will fill our 
 woods with guerrillas, and that the people will 
 be shot by the way-side ; on the other hand, we 
 hear distant mutterings of a Military Govern- 
 ment and a Provost Marshal. Let me say to 
 you, Mr. President, that he who suffers himself 
 to be governed by fear will not discharge his 
 duty well. For my part, whenever the safety 
 of the State requires me to perform any act of 
 legislation, I will not shrink from it if every 
 grove in the State is filled with guerrillas. 
 
 But I do not believe our Federal Government 
 will in any way interfere with the deliberations 
 of this body. The great and good man who 
 now holds the helm of state at Washington 
 has never manifested any such disposition. 
 True, the Federal Government will protect 
 itself, and it is right in doing so ; but it is not 
 necessary, and it would not be protecting itself, 
 if it were to interfere with the proper deliber- 
 ations of this body, or any other properly con- 
 stituted legislative body in this country. 
 
 Now, Mr. President, I come to look at the 
 amendment and the amendment to the amend- 
 ment. I would prefer, sir, the ordinance intro- 
 duced some days ago by the committee, to the 
 amendment offered by the gentleman from St. 
 Louis. There is more justice in the ordinance 
 then presented than there would be in this 
 ordinance if this amendment were passed. 
 
 There is no reason, Mr. President, if the 
 oath or test is to be made retrospective, why it 
 shall stop on the 17th day of December. The 
 original ordinance reported by the Committee 
 on Elections and Elective Franchise, made no 
 limit to the retrospective action as to voters; 
 but the ninth section of that ordinance declared 
 that any person who had been induced to take 
 up arms or levy war against the United States, 
 through fraudulent representations, supposed 
 obligations of duty, or duress, that, upon taking 
 the oath which was therein provided, he should 
 be permitted to exercise the elective franchise. 
 That ordinance, sir, has far more justice in it 
 
 than this ordinance would have with the restric- 
 tion which the amendment provides for. Why 
 will they limit it to the 37th day of December? 
 No doubt the reason for it is the action of this 
 Convention at its previous session. I say, Mr. 
 President, there is nothing in the action of the 
 previous sessions of this Convention that 
 reaches this right to vote ; at least, there is no 
 more in the previous action of this Convention, 
 nor yet half so much, as there is in General 
 Halleck's circular of the 14ih of February last, 
 and the different safeguards, that have been 
 given by the different military authorities of the 
 State for the last six months. Why, sir, safe- 
 guards are given by the Federal military author- 
 ities of the State, granting to the holder of 
 them that he shall be safe in his person and his 
 property if he will comply with General Hal- 
 leek's circular of the J4th of February last. 
 We guaranteed no more by the action of our 
 Convention than do the safeguards under Gen- 
 eral Halleck's circular. He promises them 
 protection in their persons and property, and 
 the Convention promises them no more. 
 
 I, sir, was, of course, assisted in reporting the 
 ordinance introduced on elective franchise, arid 
 1 thought, at the time of introducing it, that it 
 was just and proper. Subsequent debate, how- 
 ever, on the amendment offered by the gentle- 
 man from Greene, induced me to believe that 
 it was more practicable to adopt that amend- 
 ment, and refuse to make it retrospective at all, 
 than to attempt to carry out the bill which the 
 committee had reported. Hence, sir, I sup- 
 ported the amendment offered by the gentleman 
 from Greene, and I did it from various consid- 
 erations, which to my mind were proper and 
 right, and which, under my convictions, made 
 it my duty to do so. 
 
 There is a principle or axiom in the common 
 law that we would do well to remember. The 
 substance of that axiom is, "the extreme of 
 right is wrong, and the extreme of justice is 
 injustice." This axiom comes to us sanction- 
 ed, from time immemorial, by our English 
 ancestors. It comes to us matured by time, 
 and the present circumstances that surround 
 this country but prove, but too sadly, its truth. 
 But if gentlemen can show why this di-sfran- 
 chisement should begin on the 17th of Decem- 
 ber, then, I confess, they will have removed 
 one difficulty from my mind. 
 
 I was glad to hear the distinguished gentleman 
 from 6t Louis take the position he did. He 
 stated the fact distinctly, and I fully concur in 
 its truth, that a majority of the people of even 
 
140 
 
 the seceded States (if I understood him) were 
 loyal to the Federal Government. I fully 
 concur, Mr. President, in that remark. That 
 being true (and I do not think any fair-minded 
 man can come to any other conclusion) so far 
 as the Confederate States are concerned, it is 
 certainly true as to Missouri, and always has 
 been. I presume my distinguished friend will 
 not deny that. When this Convention was 
 elected, its members were sent here by 80,000 
 majority of loyal men ; and what has become 
 of them? Hera is an argument, Mr. President, 
 that I base on that. Mark you, our polar star 
 is the safety of the State. If there is a majority 
 of loyal men and loyal voters in this State, (and 
 I doubt it not,) then the safety of the State 
 does not require this retrospective action of the 
 Convention, nor the disfranchising of any citi- 
 zens or voters of the State. Therefore, sir, I 
 think that the proposed amendment is unneces- 
 sary for the safety of the commonwealth. 
 
 Again, sir, my objection to this amendment 
 does not stop here. Since the 17th of Decem- 
 ber last, one-fourth, perhaps, of this State has 
 been under a hostile and de facto government 
 to which every man within its military power 
 was bound to bow in obedience and in silence, 
 and to hush his complaints, and to do many 
 acts that seemed to be inconsistent with loyalty, 
 and which were inconsistent with loyalty, 
 while, sir, these men were as loyal, perhaps, as 
 any others. I tell you, gentlemen of the Con- 
 vention, remember the history of your own 
 State; remember the Southwest of your State, 
 and the loyal men of that section who have 
 lost their all. Remember the brave, gallant 
 and generous Lyon, when he marched his 
 troops to Springfield and protected the loyal 
 men of that section until the battle of Wilson's 
 Creek, when he was forced to leave the loyal 
 citizens under a hostile government, and to 
 whose rule they were compelled to submit un- 
 til the return of the Federal power in Septem- 
 ber under Fremont. These loyal citizens re- 
 joiced when the ensign of American freedom 
 appeared in the precincts of Springfield. But, 
 in a few short weeks, they were again doomed 
 to the tread of the invader, and were compelled 
 to submit to be conquered a second time. Some 
 gentlemen may say they ought to have left 
 home. But, let me say, it was not practical for 
 every man to leave his home. Many did 
 leave as many as could do so but, doubtless, 
 there were thousands who could not leave ; 
 and now, sir, will this Convention disfranchise 
 those men who remained, and who could not 
 
 get away ? You recollect that Fremont's army 
 remained there but for a short period. Upon 
 lis diappearance, the Confederate army again 
 took possession of Springfield and the South- 
 west, and they ruled it with an iron heel that 
 would hear of no remonstrance. Now, sir. 1 
 ask the gentlemen of the Convention to remem- 
 ber the condition of the State on the 17th of 
 December last, when Price and his army were 
 at Springfield menacing the whole western 
 boundary of the State. There was an appre- 
 liension that he would march across the Mis- 
 souri river, and advance into the northern sec- 
 tion of the State. I know the people who 
 lived in that section at that time felt uneasy in 
 relation to that matter. On the 20th of Decem- 
 ber the Confederate bridge burners tore up the 
 North Missouri railroad almost its entire length ; 
 and gentlemen may say, should this recommend 
 these gentlemen to vote because they tore up a 
 railroad? Not at all. But I make these re- 
 marks to show you that if you propose to pass 
 this disfranchising and retrospective measure, 
 then there is as much reason for extending it 
 back of the 17th of December as for making it 
 applicable to those who have been engaged in 
 rebellion since that time. But, Mr. President, 
 is there any gentleman here that believes that, 
 under the proposition of the committee as it 
 stands, Missouri would not be safe ? Would 
 she not be safe ? The majority of the people 
 are where they always have been loyal ; and 
 they will seize the opportunity offered them to 
 return, and with that majority the State can 
 suffer no detriment. Ours is a Government, 
 sir, of majorities, and if we have got a majori- 
 ty of loyal people to begin with, with those that 
 will return to their allegiance, and with those 
 anxious to get rid of the war and to reestab- 
 lish themselves as friends of law and order 
 with these, and a majority to begin with, will 
 any man say that the State is not safe ? I think 
 not, Mr. President. 
 
 But I desire to make another statement here, 
 because it not unfrequently happens that a good 
 many things are brought up in the course of a 
 discussion that do not properly belong to the 
 discussion ; and I hope I will be pardoned, by 
 making a reference here to another matter, 
 which has, to some extent, a bearing on this 
 question. It was attempted here, on Saturday, 
 to introduce the question of emancipation in 
 this State. I dp not propose to argue the ques- 
 tion at this time. The Convention laid the 
 proposition on the table, and why did they do it ? 
 I suppose, sir, the great majority of those who 
 
141 
 
 voted to lay the matter on the table simply de- 
 sired to leave the subject in the hands of the 
 people of the State. We were not elected with 
 reference to it. We have outlived our time, as 
 it were ; and we are only here now to discharge 
 such duties as the imperative necessity of the 
 tiiiu's and the condition of the State absolute- 
 ly require. I desire to say, so far as I am 
 concerned, that such was my motive in refus- 
 ing to entertain this question. While this is 
 so, I wish it distinctly understood that I am in 
 favor of the election of a Legislature at the 
 coming election; and I do not think I can 
 swerve from that purpose, because I have con- 
 sidered it well ; and if the people of the great 
 Suite of Missouri choose to entertain the eman- 
 cipation question if they choose to elect mem- 
 bers with reference to it does not the institu- 
 tion as well as the State belong to them, and 
 who can gainsay their right ? Why, sir, I am 
 willing to bow in obedience to the will of the 
 people ; but I am not willing to throw before 
 that people an exciting issue which was not 
 canvassed at the time of my election. Sir, I 
 hope this body will not, for one moment, enter- 
 tain the idea of postponing the election of 
 members of Congress and the General Assem- 
 bly of the State at the coming election. There 
 are many reasons for that, which I will argue 
 at the proper time. I merely refer to them 
 now in order to prevent misapprehension. I 
 do not deprive any individual of a single right, 
 not even those who have brought our present 
 troubles upon us who have desolated our fair 
 fields, and made widows and orphans out of a 
 large portion of our population. But, if we 
 are to act upon retribution and retaliation if 
 the arguments that have been used here are to 
 obtain then no secessionist will be permitted 
 to vote at the same polls with me. It was re- 
 marked to-day that the soldier who had taken 
 up arms and gone forth to battle, would feel 
 degraded by having his adversary return and 
 cast his vote at the same ballot-box with him. 
 Now, perhaps, some gentlemen might be so ex- 
 tremely vindictive as to refuse to let a rebel 
 breathe the air of heaven, or even bask in its 
 sunlight. The argument is not a good one, 
 and I refer to it to show that if carried to its 
 full extent, a rebel could not breath the pure 
 air of heaven, or bask in its sunlight. 
 
 Mr. President, I do not stand here to advo- 
 cate any other than the true interest of the 
 Government. As far as the safety of the Gov- 
 ernment requires me to go I will go, because 
 the preservation of the Government and the 
 
 restoration of peace, law, and order, is para- 
 mount to everything else. These are trying 
 times, and times when statesmen should act. 
 These are no times for party politicians. 
 These are no questions to be trifled with, but 
 great questions that demand wise and consid- 
 erate action. A great and magnanimous Gov- 
 ernment can afford to be liberal to her erring citi- 
 zens. The axiom of civil law is, that it is better 
 that ninety and nine guilty should suffer, than 
 that one innocent man should ; and, sir, the Gov- 
 ernment, whose flag all nations have respected, 
 can afford to be liberal to her erring, criminal 
 citizens, if you please. I have no apology to 
 offer, and I do not wish to be understood as 
 offering an apology for those men who have 
 deliberately engaged in this conspiracy to 
 overthrow the Government; and while that is 
 so, I would not have my country do wrong to 
 any one. The great Clay said, " I had rather 
 be right than be President." Mr. President, I 
 will not discuss this question further. All I 
 ask the Convention is, to give this matter a 
 fair, candid, and dispassionate consideration. I 
 think myself that the principle was determined 
 the other day upon the amendment of the gen- 
 tleman from Greene. I thought then it was 
 distinctly decided by this body that there 
 should be no retrospective tests as to voters, 
 but it seems this amendment has to be decided 
 upon by this body, and I presume its decision 
 will be final and conclusive in the matter. I 
 shall have no complaint to make either way, 
 having discharged my own duty, as I conceive, 
 to my constituents, to my State, and to the 
 Federal Government. 
 
 Mr. PIPKIN. I do not rise, sir, for the pur- 
 pose of giving my views upon this question to 
 this Convention, but for the purpose of simply 
 handing down to those who shall live after us 
 my views upon a matter of so much importance. 
 When we take into consideration, Mr. Presi- 
 dent, the situation of those for whom we are 
 legislating, this matter presents many great 
 difficulties. We are now legislating in a man- 
 ner to affect the people who are now residents 
 of the State of Missouri, or were residents of 
 the State of Missouri at the time of the com- 
 mencement of this difficulty. One year ago, 
 the persons who are expected to be affected by 
 the proposition now before the Convention, 
 were citizens of the State of Missouri. They 
 are now recognized, I believe, by every mem- 
 ber of this body as citizens of the State of 
 Missouri and of the United States. We are, 
 then, legislating for those who are part and 
 
142 
 
 parcel of us. They are to be affected by our 
 legislation, and they are to be interested in the 
 laws that are to be enacted by those who are 
 to be placed in office after this. Mr. President, 
 it behooves us to legislate wisely, as a very 
 large number of the people of Missouri are to 
 be affected by our legislation, so materially, 
 peihaps, as to proscribe them, and disfranchise 
 them, or place them in a situation where they 
 can be disfranchised. Now, sir, we are not 
 undertaking- to disfranchise foreigners, or to 
 keep persons from voting who are not citizens 
 of the United States, but we are undertaking 
 to restrict those who, under the Constitution 
 of the United States and the State of Missouri, 
 are as much entitled to go to the polls as any 
 freeman and vote, with only the simple quali- 
 fication that he shall be a free white male citi- 
 zen of the United States, and twenty-one years 
 of age. But, sir, this restriction imposes some- 
 thing more upon them. They must swear 
 they have not done thus and so. It is in effect, 
 then, an amendment to the Constitution of the 
 State of Missouri. Now, sir, I am opposed to 
 it, for the reason that so large a number of the 
 people of the State are to be affected by it, and, 
 perhaps, if it become the law of the land it will 
 be upon our statute book a nullity, at least in 
 innny portions of the State of Missouri. I ven- 
 ture the prediction that if those who are affect- 
 ed or expect to be affected by this legislation 
 shall return to the State of Missouri, and re- 
 main citizens of the State of Missouri, that the 
 law which we enact here, and the pains and 
 penalties which are to be inflicted upon the 
 people, will never be carried into effect ; and I 
 say this because it is admitted by gentlemen in 
 debate, that thousands of citizens have been 
 implicated in this rebellion. If these citizens 
 return, it is necessary to deprive them of the 
 privilege of voting unless they shall qualify. 
 They return and they do qualify, and many of 
 them are indicted under this provision, and 
 they go before the proper courts of the land to 
 be tried. Then, sir, I undertake to say ad- 
 mitting that these people we are attempting to 
 proscribe are so wicked I say, if they are so 
 wicked, they will not allow any jury in the 
 country to convict a man, no grand jury in the 
 country can be found to indict a man, and no 
 officers can be had to serve the processes which 
 will issue to bring men to justice under this 
 law. This law then, in effect, would be a dead 
 letter on our statute book and could not be 
 carried out. Then, sir, I hold that it is im- 
 politic, for the reason that it is placing upon 
 
 the statute book a law that, in many portions 
 of the State, cannot be carried into effect ; and 
 it is well known that when any law is enacted 
 that is disregarded, it is a greater injury than 
 if no such law had ever been enacted. It is 
 then attempted to enact only such laws as can 
 be enforced, and I am perfectly satisfied, in 
 my judgment, that if this be enacted and per- 
 ; sons are to be tried for the penalties laid down 
 here, they cannot be enforced. 
 
 Mr. President, I have another reason for op- 
 posing the proposition. Now, sir, I am dis- 
 ! cussing the whole merits of this question, as 
 the debate has been rambling and gentlemen 
 ! have not confined themselves to the simple 
 ! proposition of the gentleman from Grundy. I 
 am discussing the whole proposition, and I 
 suppose this is admitted as proper. I have 
 another reason for opposing this restrictive 
 measure, and it is this. It is not yet settled by 
 this Convention whether we will have an elec- 
 tion for any of the offices of the State next 
 August. Now, sir, if that question had been 
 settled by this Convention, and it was under- 
 stood and agreed that there should be no elec- 
 tion for a year or two to come, why the propo- 
 sition now before this body would not, in my 
 estimation, be liable to so much objection ; but, 
 sir, here we .are on the 9th day of June, and 
 before this body will adjourn, probably the 
 middle of June will have passed by ; then 
 there will be but six weeks from the time the 
 Convention adjourns up to the time the elec- 
 tion takes place. These ordinances have all to 
 be made public, otherwise the people cannot 
 act understandingly under them. The ordi- 
 nances have all to be made public and sent all 
 over the State for the people to know what 
 they are. Now, I ask you if it is within the 
 range of possibility that these ordinances can 
 be published and circulated throughout the 
 borders of the State of Missouri, in many por- 
 tions of which there are no mails at all, and 
 where, sir, it is dangerous for small armies to 
 go, on account of marauding bands of guerrillas. 
 Then, if it be dangerous for small armies to go 
 through these places, how, in the name of com- 
 mon sense, can the mails be carried through- 
 out many portions of this State ? They cannot 
 be carried through Southeast Missouri, and 
 there are no mails worth speaking of in that 
 whole section. I say, then, this ordinance can- 
 not reach the people in time for the election, 
 and would you debar them from the privileges 
 here offered to them? Then suppose an elec- 
 tion is held, and the proper officers go to work 
 
143 
 
 and send out the poll books, and an election is | 
 hold under the old order of things, and the j 
 people go to the polls and vote without having \ 
 heard anything at all about this ordinance. J)o j 
 you suppose such men as these, who rote igno- j 
 rantly, who have returned from Price's army 
 and availed themselves of the amnesties offered j 
 to them, and others who have returned since the ! 
 expiration of the amnesty do you contend j 
 that they are deserving of punishment? Yet j 
 they are to be indicted and tried. We may be j 
 told that under that state of things they will ; 
 not be convicted. Although it has been said 
 that every man is presumed to know what the i 
 law is, ignorance upon this subject would be i 
 excusable, because there is no such law to be 
 found in any of the States of the Union as re- 
 stricts native-born, free white citizens. These 
 are strange times and strange things take place; 
 but who wants to be put on trial for perjury, 
 even though he knows he is innocent 1 ? The 
 simple fact that a man is indicted often ruins 
 him. It places him before the world as a guilty 
 criminal, and that is sufficient for enemies to 
 ruin his reputation. 
 
 Mr. President, I cannot find it in my heart to 
 entertain the opinion that the large number of 
 men engaged in this rebellion, and members of 
 Price's army, are the bad men notorious crim- 
 inalsthat they have been represented. I say 
 it here, that it is my humble conviction that 
 nine-tenths of those persons who flocked to 
 Price's standard, as you may call it, did so un- 
 der the conviction and the solemn impression 
 in their own minds that they were fighting for 
 the rights guarantied to them under the Con- 
 stitution of the United States and the State of 
 Missouri. As to whether they were mistaken 
 or not, is not the question. My humble con- 
 viction is that they believed that this was an 
 abolition war inaugurated against the people of 
 Missouri, and that the raids inaugurated in 
 many portions of Missouri against the citizens 
 were for the purpose of emancipating the slaves, 
 and accomplishing an object that could not be 
 accomplished in any other way. There was 
 another incident that strengthened this belief. 
 Why, sir, an army was sent all through Mis- 
 souri, and that army arrested Union men, stole 
 the property of Union men, and imprisoned 
 Union men and those who are called secession- 
 ists, and those who have sympathies with the 
 South ; and the people were exasperated by 
 this conduct, and what did they do under the 
 circumstances ? Why, they went into the ar- 
 my that they supposed was beating back the 
 
 insults that were being heaped upon th^m. 
 Under that conviction, many men joined Price's 
 army, and once being there, it won't do to say 
 they must act up to this law. How many can 
 doit? Thousands have quit, and they have 
 been taken to Alton, and there incarcerated in 
 dungeons for months, without any charge be- 
 ing preferred against them. These things 
 have deterred thousands of men from returning 
 that would otherwise have returned. They 
 had gone into the army, and their names had 
 been given to the military, and they knew who 
 had left their homes. These men were atraid 
 to come back ; and, gentlemen, I state what I 
 believe to be a solemn truth with regard to this 
 thing : men were driven from home, and actu- 
 ally went into Thompson's army, not for the 
 purpose of taking up arms or joining the army, 
 but for the purpose of avoiding arrest and be- 
 ing taken away. They knew the officers of 
 the Government were after them, and they 
 took shelter among the enemies of their Gov- 
 ernment^ and there sought protection. That is 
 a strange thing that men should go into the 
 army of an enemy to get protection against a 
 Government that had hitherto protected them. 
 These things are incident to war. No such 
 events had ever taken place in this country be- 
 fore, and the people did not know how to 
 act in them. There were a great many men 
 who were not as wise as I was, and I do not 
 claim to be especially favored in this respect ; 
 but I took the precaution to remain at home, 
 and when the soldiers came to my house, I 
 just simply delivered myself up. But that was 
 not Ihe way the clerk of our county court did. 
 He started off, and he has been run down ever 
 since. I have not heard that he has taken up 
 arms. 
 
 Mr. LEEPER. The cleik of your court was 
 Acting Adjutant in Mr. Low's regiment. 
 
 Mr. PIPKIN. I suppose the gentleman 
 knows, but I do know thdt others have been 
 hunted down who have never taken up arms. 
 I say, then, where men have gone into Price's 
 army, they have, in a great many instances, 
 done so under circumstance s like those to which 
 I have referred. That many did go, and will 
 remain there, with the purpose of subvening 
 this Government, I have no doubt ; but I firmly 
 believe there are thousands who did not go with 
 any purpose of overturning the Government of 
 the United States. They only believed they 
 were fighting for Southern rights and privi- 
 leges ; and if they are invited to come back, 
 they will come back and lay down their arms. 
 
144 
 
 They have been considered as respectable men 
 in all transactions of life, heretofore; and I ask. 
 will this Convention impose upon them the 
 odious restriction that is attempted to be thrown 
 around them and all citizens of the State? 
 
 Mr. President, we may all take the oath; 
 everybody can be sworn to support the Gov- 
 ernment of the United States, the Constitution 
 of the United States and of the State of Missouri. 
 This thing of swearing has become too com- 
 mon for the public good. It is like everything 
 else. There are certain things that by constant 
 use are abused. It is just so with swearing. 
 This indiscriminate way of swearing everybody 
 and everything, will finally destroy the solem- 
 nity and sanctity of an oath. And, sir, when 
 we come to swear hundreds of people on 
 election day, in the manner here proposed, it 
 will finally become a mere matter of sport. 
 Gentlemen, that is not the way to treat this 
 serious subject. Administer oaths to those 
 who are elected, and to such as they have been 
 administered in times past, with such restric- 
 tions as may be necessary at the present time. 
 The impracticability of convicting men of 
 perjury who shall take an oath on election day 
 and violate it, I think must be apparent to every 
 member on this floor. The oath is not re- 
 corded, and the judges of elections could not 
 tell whether they had sworn a certain man. 
 Suppose he be indicted for perjury for taking 
 and violating an oath that he had not taken up 
 arm?, and the question arises on trial as to 
 whether the oath was administered, and the 
 judges of elections are called upon to say whether 
 the oath was administered to him. The judge 
 of elections would say, "there were so many 
 thousands sworn in on that day that I cannot 
 tell whether I administered the oath to this 
 man or not." Now, can any man be convicted 
 of perjury under such circumstances ? 
 
 But another reason why I am opposed to 
 this proposition : I am told that in the interior 
 portion of the State some counties are very 
 rebellious ; but from the speech of the gentle, 
 man from Clinton, we are made to believe that 
 three thousand have already returned to a 
 particular district. Well, now, if that number 
 are to be found who are willing to lay down 
 their arms, it is fair to presume that a very 
 large number of these have been implicated in 
 this thing one way or another. I say, grand 
 juries and sheriffs of courts cannot be found in 
 these localities to convict these men. Another 
 objection is, it will array one portion of the 
 community against another. Here is Mr. 
 
 Price, or anybody implicated in this rebellion. 
 He owns property in the State of Missouri, and 
 tie has gone out under the impression that he is 
 fighting for his rights. He comes back here 
 determined to support this State Government 
 and the United States Government. He is 
 affected by the State legislation, and he desires 
 to have something to say in the choice of those 
 who shall serve and make laws for him. But 
 we array one portion of the community against 
 the other by prescribing these test oaths. It is 
 nothing more nor less than arraying Southern 
 sympathizers against Union men, and I am 
 opposed to it. Better proscribe them entirely 
 and give them no privileges, and let them rest 
 on the broad ground that they have committed 
 treason, and, having done that, let them pay the 
 dread penalty of the law for it. The statute 
 provides that those guilty of treason are subject 
 to be imprisoned and deprived of the right of 
 the elective franchise. I say, let this law be 
 enforced against them rather than pursue the 
 course which is here proposed. I say it would 
 be a most unfortunate thing at this time, when 
 peace is being restored, and when the Pro- 
 visional Government is becoming popular, to 
 adopt a measure of this kind, because it would 
 throw a firebrand into the ballot box* 
 
 Mr. President, we have been told that Mis- 
 souri has been and is now loyal. That proposi- 
 tion I do not dispute; and taking the action of this 
 body, from the beginning up to the present time, 
 we have an evidence of this fact. I take it for 
 granted that these members represent the will 
 of their constituents, and that the people of 
 Missouri are loyal to-day ; I have been and if 
 that be so, and there is a majority of loyal men 
 in the State of Missouri now, they are certainly 
 likely to be loyal at the time the next election 
 would take place. If they are then loyal, it is 
 not at all likely that any man will run other 
 than as a loyal citizen, for any office ; conse- 
 quently, there is no danger of the Government 
 being wrested from loyal men by secessionists; 
 and even if the thing were possible, I undertake 
 to say that if a disloyal Governor should be 
 elected, or a disloyal member of Congress, the 
 General Government would see that these dis- 
 loyal men did not take their seats. A disloyal 
 member of Congress would be expelled from 
 his seat. The Government has taken care, in 
 times past, of its disloyal office-holders, and it 
 will take care hereafter that no disloyal man 
 is placed in a position to injure the Govern- 
 ment. 
 
 Now, sir, I do not profess to be a constitu- 
 
145 
 
 tional lawyer, nor able to combat the -arguments 
 of my friend from St. Louis, who read certain 
 authorities here upon the constitutionality of 
 his proposition, but I have made up my mind 
 on this matter of constitutionality. It is retro- 
 spective ; it affects all persons ; and if it affects 
 persons as to their past conduct, it is in spirit 
 ex post facto retrospective, and is therefore 
 unconstitutional. I have not the authority 
 which the gentleman read. I desired to refer 
 to it when I commenced my argument, but not 
 having read it, I cannot put my construction 
 upon it ; but my view of the matter is, that the 
 passage of a law affecting persons up to the 
 present time would be retrospective. The 
 amendment of the gentleman from Grundy, 
 which would take effect to-morrow, would not 
 be retrospective, and would not be obnoxious 
 on the charge of unconstitutionality. But it is 
 inexpedient, if not unconstitutional, to legislate 
 upon a proposition, at this time, of such im- 
 portance as this, or upon any other important 
 matter that can be dispensed with. 
 
 It is well known, sir, that we were elected in 
 a time of peace. We were elected for the 
 express purpose of passing upon the question 
 as to whether the State should maintain her 
 old moorings with regard to the General Gov- 
 ernment, or whether she should pass an ordi- 
 nance of secession. That was the question 
 upon which the members of this Convention 
 were elected ; and it could not have been in the 
 anticipation of any man who went to the polls 
 at that time, that we would come to our present 
 condition. The questions upon which we are 
 called upon to decide are wholly different from 
 those which we were elected to pass upon, and 
 I hold it would be bad policy to enact such an 
 ordinance as this. With these objections, I 
 yield the floor. 
 
 Mr. McCoRMACK. I understood the gentle- 
 man to state, in his argument, that no law 
 similar to the one we propose to pass could be 
 found on any of the statute books of any State. 
 Now, I do not understand the proposition to 
 disfranchise for treasonable acts is a new thing 
 at all. The crime of treason, according to the 
 Constitution of this State, is punishable with 
 death, or imprisonment in the penitentiary for 
 the period of ten years. Mr. President, I think 
 this is too much ado about nothing. I think 
 there is nothing wrong in denying men the 
 right to vote, who have been guilty of the crime 
 of treason. I believe it is proper and right, in 
 order to secure the peace of Missouri, and to 
 secure the election of loyal men, that we should 
 
 place these restrictions around the polls at our 
 ensuing election. 
 
 Mr. PHILLIPS. Mr. President : Unlike my 
 friend from Iron, I shall not speak for the 
 purpose of transmitting my words to posterity, 
 for perhaps they will not add much to the 
 glory of my name ; but as it seems that speak- 
 ing works great revolutions in opinion here, I 
 may not vainly hope to revolutionize some 
 mind in this Convention. It will be remem- 
 bered, Mr. President, that a few days ago the 
 honorable chairman of the Committee on 
 Elections, &c., submitted a report providing 
 that " no person who has, since the first day of 
 August, 1861, taken up arms against the United 
 States, or who has since that time adhered to, 
 or given aid, assistance or encouragement to those 
 engaged in carrying on the present rebellion, 
 shall be qualified to hold any office of honor, 
 trust or profit under the Constitution and laws 
 of this State, nor to vote at any election held 
 under or in pursuance of said Constitution and 
 laws, from and after the passage of this ordi- 
 nance." After this ordinance was discussed a 
 day, the honorable chairman not only turns 
 upon and destroys his own offspring by voting 
 against it, but brings in an ordinance entirely 
 prospective in its operations, and makes a la- 
 bored speech against the amendment of the 
 gentleman from St. Louis, which proposes to 
 deny the elective franchire to those only who 
 have taken up arms or levied war against the 
 United States, &c., since the 17th day of De- 
 cember, 1861. Then, the gentleman from Da- 
 viess was not only willing to impose restric- 
 tions so far back as the 17th December, 1861, 
 but to the 1st of August, 1861. And now, he 
 pleads with tears in his eyes and beseeching 
 words against any retrospective ordinance. 
 And since the honorable chairman is so im- 
 pressible and facile, I am not without hope 
 that even so bumble an one as I may again 
 change his mind. His past susceptibility jus- 
 tifies an effort at least. 
 
 The gentleman who, a few days since, pub- 
 lished to the reading world his willingness to 
 proscribe all rebels in arms or sympathizing 
 with the rebellion after the first August, 1861, 
 to-day has his sympathies all aroused in behalf 
 of these men, and discovers in these recusant, re- 
 pentant sinners something worthy of all admira- 
 tion, entitling them to the highest confidence 
 worthy to be entrusted with the most sacred 
 things pertaining to the administration of civil 
 law and political economy. The gentleman 
 wholly repudiates that old idea that " consisten- 
 
146 
 
 cy is a jewel." In a flame of words he carried us 
 with the lamented Lyon in his triumphal march 
 from Boonville to Springfield. He shed a tear 
 over the great man's fall, and in words of 
 touching tenderness deplored the unprotected 
 and distressed condition of the hundreds, aye, 
 thousands of loyal men in the Southwest who 
 became victims to rebel impressments, and 
 nolens volens were forced to take up arms 
 against the United States Government. Such 
 men are entitled to our warmest sympathies. 
 But what new light has broken upon the vision 
 of the gentleman from Daviess that he now 
 sees virtue where, three days ago, he saw noth- 
 ing good ? Then, he was willing to proscribe 
 all men who had been in arms or given assist- 
 ance against the Government since the 1st Au- 
 gust, 1861, which would have included every 
 one of those unfortunate men so central in his 
 affections to-day for the battle of Wilson's 
 Creek was not fought until after the 1st Au- 
 gust. While now, when it is proposed to pre- 
 scribe those only who took up arms or levied 
 war, wilfully, after 17th December, the gen- 
 tleman's indignation is all aroused. The atten- 
 tion of the Convention is called to the fact that 
 the amendment offered by my friend from St. 
 Louis, has incorporated in it the word " wil- 
 fully." So that this amendment cannot, by 
 any possible construction, affect those who by 
 duress or fear, were induced to take up arms, 
 or render assistance. And no man would ever 
 dream that such men as were by no choice of 
 theirs in the rebel army, were proscribed by 
 this ordinance, unless he, like the honorable 
 chairman, were in a strait to justify his own 
 inconsistency. 
 
 It is asked why date this ordinance, in its op- 
 eration, back to the 17th December, 1861. Mr. 
 President, I can tell you my reasons. The 
 history of this rebellion in Missouri is familiar 
 to this body. We all know how, in its incep- 
 tion, hundreds of impulsive young men, and 
 unthinking old men, were carried into Jack- 
 son's army. They were inveigled and seduced 
 into it. Their chivalry and their manhood 
 were invoked to rise up and defend their fire- 
 sides and family altars, under the delusion that 
 these were invaded. The fact that the prime 
 and real object of Jackson and his conspirators 
 was to tear Missouri away from her Constitution- 
 al moorings, and float her out upon the untried 
 sea of rebellion, was studiously concealed ; 
 whilst it was as insidiously and energetically 
 urged that the object of the State Guards was 
 to defend the Constitutional rights of the peo- 
 
 ple inside of the Union. The "southern 
 heart" was fired, and, without time to consider 
 whither we were drifting, the people were 
 pressed onward and onward in rebellion. But 
 as the real purpose of Price and his co-workers 
 began to develop itself many of their followers 
 abandoned the cause. From the time the gal- 
 lant Lyon set his foot upon the banks of the 
 Missouri river at Boonville-up to the October 
 session of this Convention, proclamation after 
 proclamation was issued by the authorities 
 calling upon the insurgents in Missouri to lay 
 down their arms and return to their homes and 
 their allegiance, promising to them protection 
 and indemnity. When the Provisional Gov- 
 ernment was invoked, out of the necessities of 
 the case thrust upon us by traitors, Gov. Gam- 
 ble, in the magnanimity of bis soul, as well as 
 a desire to impress the fact that his policy was 
 peace and not war, issued his proclamation in- 
 viting these men home. Many did come home, 
 and if for an honest purpose, I can throw the 
 mantle of charity over their follies. But, sir, 
 can any man who persisted in this rebellion 
 throughout all of 1861 in Missouri, put in the 
 plea of ignorance as to the policy and treason- 
 able objects of Price's army? How can he 
 plead ignorance, when that army was joined by 
 an army from Texas, Arkansas, Tennessee 
 States claiming to belong to another govern- 
 ment ? How can he plead ignorance in view 
 of the compact made between the Commis- 
 sioners sent by Jackson and the authorities at 
 Richmond, transferringMissouri, like achattel, 
 to the Confederacy? How can he plead his 
 innocence of deep, wilful treason, when in the 
 face of the hollow and false pretences of Jack- 
 son and his henchmen in starting out in this 
 rebellion, the impudent assumption of Jackson 
 at New Madrid, in proclaiming Missouri out 
 of the Union, coupled with the audacious arro- 
 gance of the Neo>ho Legislature, all rise up in 
 their naked deformity? How can he plead 
 gnorance of all these things, when the " Army 
 Argus," published inside of the lines of their 
 army, was daily fulminating these things upon 
 pon their ears ? 
 
 Still further, this Convention, at its October 
 session, disposed, as ever, to conciliate, held 
 out the olive branch of peace to these rebels. 
 And the man who thereafter persisted in his 
 opposition to the Government who still con- 
 tinued in arms stands before the world with- 
 out an excuse. This Convention, after holding 
 oat this invitation, is pledged to redeem it. It 
 owes it to its own dignity to preserve a consis- 
 
147 
 
 tent record. Besides, I hold that men who 
 came home untier that ordinance and took the 
 oath deserve an honorable exception. Unlike 
 that vast multitude of rebels who are gathered 
 up from the sinks and by-ways of the country 
 by scouts and dragged before the Provost Mar- 
 shal to be sworn, those have taken the oath 
 prescribed by the ordinance, come forward 
 voluntarily, and went before the county court 
 clerks and made this oath, like men who are 
 not ashamed to confess a fault and embrace a 
 right. And, sir, wherever we can find so much 
 of nobility among secessionists, it is our duty 
 to guard it well; for, I assure you, it is a gem 
 rarely found in such localities all the more 
 precious because of its scarcity. 
 
 The gentleman from Clinton, whose mind 
 to-day perambulates about as much as his body, 
 exonerates the unreturned rebels upon the 
 ground that they had no means of being in- 
 formed of the existence of the ordinance in 
 question. On the rne hand there is an exemp- 
 tion claimed by that side of the house, tor men 
 who returned because they were induced thereto 
 by this ordinance; and on the other hand, by 
 the same s:de, it is claimed that the ordinance 
 never reached the camp of Price. " A house 
 divided againstatself cannot stand." I assert, 
 Mr. President, that if a rebel victory anywhere 
 between the Potomac and the West had been 
 heralded in the newspapers of St. Louis it 
 would have reached the humblest tent in Price's 
 army. The gentleman himself, at Sedalia, on 
 his return from that army, where he had been 
 a prisoner, told me that he saw in camp a 
 St. Louis paper only four days old. Even 
 granting they knew nothing of the amnesty, it 
 is their fault, the bitter fruits of which they 
 deserve to eat, for having wilfully placed them- 
 selves where knowledge could not go. 
 
 But the gentleman from Clinton, whose bow- 
 els of compassion seem so much moved of late 
 in behalf of these rebels, says they could not 
 have come home under the protecting wing of 
 the amnesty ordinance, because their term of 
 enlistment had not expired, and they would 
 have been punished and shot as deserters if 
 they had laid down their arms. Sir, it is a very 
 remarkable fact, that just after the Pea Ridge 
 battle, the term of service of about one-fourth 
 of that army expired. It so happened that 
 just after that battle the six months and the 
 twelve months, and the "whole war" men 
 were all mustered out of the service. And 
 what is still more remarkable, Gen. Curtis was 
 the mustering officer. As soon as the smoke 
 
 of that battle cleared away the existence of our 
 amnesties broke upon their miads like the light 
 'hat fell upon Saul as he journeyed from Jeru- 
 salem to Damascus. And it is not improbable 
 that the " three thous-and " spoken of so feel- 
 ingly by the gentleman from Clinton, got their 
 discharges and formed the high purpose of 
 returning to their allegiance just after the Pea 
 Ridge fight ! But, in all sobriety, is it not as- 
 tonishing that the vagrant scrap cut from the 
 Democrat should be so relied on, so much ex- 
 ulted over by Judge Birch? When did the 
 Democrat become authority with him? Gen. 
 Price said to the world in his " hark from the 
 tomb" proclamation, that he had received from 
 Missouri, under Gov. Jackson's call, not more 
 than nve thousand men, and yet the gentleman 
 would make the impression that to one district 
 ia this State "three thousand" had of late 
 returned ! He would make capital out of a 
 statement which he himself knows to be false. 
 He would have the people who reads his speech 
 believe a statement as true which he himself 
 discredits. 
 
 What if these have come home of late ! We 
 should receive them and protect them. But did 
 we tell them they should be admitted to the elec- 
 tive franchise? Did we tell them, although you 
 have put the knife to the thioat of patriotism ; 
 although you have secluded from his wigwam 
 on our western wilds the savage Indian, and 
 have stood side by side with him upon the 
 blood-red plains of Pea Ridge, and seen him 
 tomahawk our dying and scalp our dead sol- 
 diers ; although you have fired from ambush ; 
 although you have precipitated trains into wa- 
 tery graves, murdering indiscriminately friend 
 and foe, age and youth, innocence and beauty ; 
 and while you can say, "the hurricane I left 
 behind is yet with lightning warm," while 
 your hands are yet dripping with the blood of 
 the murdered peace of society in Missouri, 
 that you should be admitted to minister the sa- 
 cred things pertaining to civil and political 
 affairs that you should administer the laws 
 of a government which you have betrayed, 
 whose authority, aye, very existence, you de- 
 nied? Have we not a right, in all conscience, 
 to say to these men : You have sinned 
 against the Government of your fathers, lay 
 down your arms, return to your families and 
 allegiance, we'll protect you in your person 
 and your property ; but while the storm of 
 revolution yet rages, we prefer to place at the 
 helm men who, through all the stormy scenes 
 of the past pear, have directed and clung to 
 
148 
 
 the old ship of State? Let loyalty yet awhile 
 reap its just rewards. Sir, if these men have 
 come home with the honest purpose attributed 
 to them, they cannot, they will not, complain 
 that loyal men are to rule over them for a 
 while. If they are sincere in their attachment 
 to the Federal and Provisional Governments, 
 they can fear no evil from their being admin- 
 istered by loyalists. They cannot expect less. 
 There was not a man who entered the rebel 
 service who did not stake all upon the success 
 of that cause, and who did not expect to be 
 dealt with as a traitor in the event it failed. 
 
 Gentlemen talk as though this amendment 
 imposed a restriction extending to all time to 
 come. Not so. The last section of the ordi- 
 nance enabling the Legislature to repeal this 
 ordinance is a virtual recommendation on our 
 part to the Legislature to repeal it just so soon 
 ?is the public good will suffer it. I shall not 
 express my distrust of the honesty, the justice, 
 the liberality of a loyal Legislature, by saying 
 they will wantonly withhold suffrage from 
 these men, because they have the power. I 
 have more confidence in the Union men of 
 Missouri than some gentlemen on this floor. 
 
 It is said this restrictive measure is degrading 
 to those affected by it. The Governors of the 
 various States, after a year's experience, have 
 seen fit to recommend that soldiers in the ar- 
 my the men who are offering their lives in 
 support of the Governmentshould not be al- 
 lowed to vote. Gov. Gamble did it in his mes- 
 sage to this body, a few days ago. Think you 
 it was the object or the effect of these recom- 
 mendations to degrade these brave soldiers ? 
 The Constitution of Missouri proscribes the 
 clergy from civil offices of trust and profit. 
 Does this degrade the ministry ? Our Consti- 
 tution prevents our young men from voting 
 before they are twenty-one years old. Is this 
 a degradation to the young men of the land ? 
 Or, are these restrictions not thrown around 
 the elective franchise as safeguards to preserve 
 the health and life of the State? 
 
 It is argued by gentlemen that this is an "ex 
 post facto" law, because it prescribes a pun- 
 ishment for an offence for which there was no 
 punishment provided at the time of its commis- 
 sion. And these same gentlemen have voted for 
 the application of this restriction to aspirants 
 for office. You proscribe them because of pasl 
 sins, and had no qualms of conscience on ac- 
 count of its retroactive character. The versa- 
 tile gentlemen from Clinton says we would 
 lt degrade to the level of the negro" these men, 
 
 and that he will never be found denying men 
 he right to vote, guaranteed to them by the 
 Constitution, unless prosecuted to conviction 
 'or crime. And yet, in the same breath, he 
 expresses his willingness to proscribe, and by 
 lis vote here has proscribed, men from voting 
 who hereafter tak* up arms or levy war, and 
 that, too, without any prosecution to a convic- 
 ;ion. He is a venerable man, full of consis- 
 ;ency ! The restriction is no punishment. It 
 is a precautionary measure to guard the sanc- 
 tity of the elective franchise against pollution. 
 It is a mere consequence flowing from a past 
 act, extending in its influence to all the future. 
 It is to check and bind with bands of iron this 
 evil monster that this measure is invoked. It 
 may work a hardship somewhere. But there 
 never was devised by human wisdom a law that 
 in the entire scope of its operations was health- 
 ful and harmless everywhere, and hurtful no- 
 where. The lesser evil must be endured, that 
 the greater good may be accomplished. As to 
 individuals, so to States, self-preservation is a 
 first duty. It is an all-pervading principle of 
 nature : 
 
 It lives through all life extends through all extent ; 
 
 Spreads undivided operates unspent, 
 
 The gentleman from Iron is in error when he 
 says there is not on record a parallel proceed- 
 ing to this. In turning my eyes to the statutes 
 of a State worthy to be called our sister, they 
 catch an example well to be remembered and 
 followed. It is not servile to imitate Kentucky. 
 Her whole history is a record of intellect, chi- 
 valry and patriotism, and the heart of every 
 loyal man of every lover of freedom every- 
 where thrills with a new spirit when he reads 
 of her unbought and unpurchasable loyalty to 
 the flag and Union made sacred by the love 
 borne them by her Clay. In this, the greatest 
 of all crises, Kentucky has illustrated herself 
 again. [Here the speaker read from session 
 acts of Kentucky Legislature of 1861 and 1862, 
 showing that she had not only expatriated all 
 those who left the State either in a civil or 
 military capacity thereafter to engage in the 
 rebellion, but had passed laws to prosecute and 
 treat as felons all who waged war on the State, 
 and those who induced them thereto, and de- 
 nies to secessionists any of the rights or privi- 
 leges guaranteed to the political parties of that 
 State by the act of, &c., &c.] It will be borne 
 in mind, Mr. President, that these acts affect 
 nearly all the rebels in arms from Kentucky, 
 for up to their passage not one in ten had re- 
 turned home. What are the results of such 
 
149 
 
 legislation there? From the centre of her 
 great heart to its utmost verge she is loyal. 
 No traitor rules in her counsels, because, with 
 a decisive energy and boldness worthy of all 
 her glorious past, she at once planted her heel 
 upon the viperous head of secession, and 
 cruslu'd out its venom and itp strength. Nor 
 was anybody " exasperated" to that alarming 
 extent which, like a frightful spectre, flits be- 
 fore the vision of my friend from Greene. " In 
 words of learned length and thundering sound" 
 we were told in this hall, last July, that if we 
 made a Provisional Government we would 
 " exasperate" somebody, and that every hill 
 top and valley would become a smoking battle- 
 field, and every rivulet run red with blood. 
 And yet, the Provisional Government survives 
 is a proud monument of the wisdom and patri- 
 otism of this Convention. It is a splendid suc- 
 cess. From its ramparts the banner of peace 
 has been thrown to the breeze, and the people 
 of Missouri are fast gathering and taking shel- 
 ter under its healthful shadow. Whilst he who, 
 by his rhetoric and fantasies, undertook to 
 frighten this Convention from its propriety, 
 himself left the State for the State's good, and 
 turns up a peripatetic army lecturer in " Hard 
 Scrabble,'' Arkansas And this Convention 
 has put upon him the seal of condemnation, by 
 expelling him from its membership. I warn 
 gentlemen, therefore, against any further imi- 
 tation of his bad example. 
 
 A very nice discrimination is urawn by some 
 gentlemen between office holders and voters. 
 Their logic is too astute for me. Can it be 
 denied that ths sovereign people govern this 
 country ? The ballot-box is the political ful- 
 crum of the nation. Through it office holders 
 are created. Judge Orr would strangle the 
 creature, but let live the creator. Like con- 
 stituents, like representatives. Despite all your 
 high-sounding theories about an official digni- 
 tary following the dictate of his judgment and 
 asserting a manly independence, yet for the 
 pelf and honor of place he is generally found 
 searching out the prejudices and predilections 
 of his constituents not with a view to their 
 correction, if thought to be pernicious, but to 
 feed and flatter them, the better to ingratiate 
 himself into the favor of the "dear voter." So 
 I argue against the danger lurking here. A 
 man may for a time resist, but, like contact 
 with any other vice, he will " first endure, 
 then pity, then embrace." Disloyal men will 
 always run and vote for the man whose views 
 most harmonize with theirs. And your tender 
 
 policy towards rebels will have your Legisla- 
 ture and all offices filled with "half breed," 
 Janus-faced Union men, who will shed no tear 
 even though patriotism wane and die. 
 
 The diseases of the body politic demand sur- 
 gery and powerful nauseates. The homceopa- 
 thic, " catnip" practice of some political doc- 
 tors here will never relieve the patient. He may 
 writhe under the treatment, but, after all, he 
 will be on his feet, and will thank you for your 
 resolution and skill. Let no threats let no 
 demagoguical cant about favoring abolitionism 
 deter this Convention from the discharge of a 
 lofty duty to the country. I would do nothing 
 in malice. Heaven knows my bosom flows 
 with sympathy towards the misguided of my 
 race. The rebel cause numbers among its sym- 
 pathizers all my kindred. My own father, 
 now doubly dear to me because of his whiten- 
 ing locks pointing to the grave, differs wid- ly 
 with me on these issues. But between ;ur and 
 my country T know no man. I long for tlie 
 day when families, and neighborrioods, and 
 sections will be united, as I desire the States of 
 the Union, in a common bond of brotherhood, 
 affection and interest, when all of the past will 
 be forgotten, except its friendships and its 
 glories. This consummation, so devoutly 
 wished for, will never transpire until the Amer- 
 ican people shall be brought to a knowledge of 
 the truth as it is taught in the Farewell Ad- 
 dress of Washington. When that day comes, 
 as 1 trust it may, the glory attending the Re- 
 public will compensate for the struggles, the 
 sacrifices of the present, arid vouchsafe to us 
 a country in which every freeman may delight 
 to live, and for the preservation of which, if 
 need be, he may be proud to die. 
 
 Mr. McFERRAN. I do not purpose now to 
 argue the merits of the proposition at length 
 at all. I simply rise more for the purpose of 
 correcting an impression that may go forth 
 from the speech of the gentleman from Pettis, 
 (Mr. Phillips.) The gentleman, at the be- 
 ginning of his speech, charges that certain 
 gentlemen have made great changes, and, among 
 others, that I have made a great change in my 
 position. I do not think, sir, that the record 
 will bear the gentleman out in the assertion he 
 has made. It is well known that when I intro 
 duced,, as chairman of the committee, the firs 1 
 ordinance, that I introduced with it the ninth 
 section ; and that a distinguished Senator of the 
 United States, (Mr. Henderson,) in his argu- 
 ment before the House, declared that the ninth 
 section was equivalent to the amendment of the 
 
150 
 
 gentleman from Greene- Hence, believing the 
 amendment of the gentleman from Greene more 
 practicable, and more apt to do justice, and 
 more simple in its operation, I gave it my sup- 
 port; and in that vote I believe I had the con- 
 currence of the gentleman from Pettis, as he 
 then voted with me. I do not, therefore, deem 
 it fair or just for the gentleman to make m* 
 cover his retreat from the support of that 
 amendment. 
 
 Mr. PHILLIPS. I will state that I gave my 
 reason for supporting the amendment. I gave 
 it my support because it took effect after the 
 17th of December, and thereby enabled the 
 Convention to preserve its consistency; whereas, 
 there was no consistency in your proposition, 
 inasmuch as you went back to the 1st day of 
 August. 
 
 Mr. McFERRAN. I am aware the gentleman 
 has a perfect right to change his opinion, and 
 I will not reproach him for it. It is a good 
 man who will change his opinion when he is in 
 the wrong. I find the gentleman here, the 
 other day, voting with me for the amendment 
 of the gentleman from Greene, which was not 
 retrospective as to voters. The gentleman 
 comes here now and advocates a retrospective 
 test. I do not reproach the gfntleman for 
 changing his opinion, but I object as he 
 lives in a glass house to his throwing stones 
 at me. 
 
 Mr PHILLIPS. I hope the gentleman will 
 find some consolation for his predicament. 
 
 Mr. MCFERRAN. Not at all. I tell you my 
 course has been entirely consistent, and that I 
 nave made no change whatever. Another 
 thing I desire to notice is this : The gentleman 
 from Pettis, under a great flourish of trumpets, 
 introduced the statutes of the great and glorious 
 old State of Kentucky, and tried to have us 
 believe we must follow her footsteps. I have 
 read the statutes of that State, and I do not find 
 a single line to justify retrospective action in 
 respect to rebellion. The cases which the 
 gentleman cited are not retrospective at all. 
 The gentleman draws consolation from the fact 
 that, in the first ordinance, it was declared that 
 no person should be allowed to vote who had 
 given aid, taken up arms, or given countenance 
 or assistance to the rebellion; and that the 
 advantage which the amendment of the gentle- 
 man from St. Louis has over that is, that it 
 declares only those shall be disfranchised who 
 took up arms, and levied war, after the 17th 
 day of December. Why, these terms " levied 
 war J> have the same significance as the terms 
 
 "given aid and comfort," &c., in the first section 
 of the first ordinance. All those that are in the 
 conspiracy, and have given aid, assistance, and 
 encouragement to it, have levied war. That is 
 the legal acceptation of these terms. Does 
 anybody suppose that a man was ever convicted 
 of a crime that he did not intentionally com- 
 mit? I say the 1st section of the ordinance, as 
 originally introduced the first ordinance is 
 substantially the same as the amendment of the 
 gentleman from St. Louis ; the only substantial 
 difference between them being that the first 
 section related to all those who had taken up 
 arms, while the amendment relates only to those 
 who have done so since the 17th of December 
 last. 
 
 Mr. DUNN. Mr. President, we all agree 
 that the object to be sought by the Convention 
 is the restoration of peace, and that the only 
 means by which this can be done is by securing 
 obedience to the Constitution and laws. Mis- 
 souri is a State in the Union. We are citizens 
 of the United States and of the State of Mis- 
 souri; and we owe allegiance to the Govern- 
 ment of the United States, to the extent of the 
 powers conferred upon that Government by 
 the Constitution ; and we owe allegiance to the 
 Government of the State of Missouri, to the 
 extent of the powers belonging to the State 
 Government. Indeed, they are part and parcel 
 of one Government. One is the complement 
 of the other ; and the destruction of either 
 would result in the overthrow of civil liberty. 
 Our stern duty, therefore, is to preserve both. 
 
 The Convention, at its first session, solemnly 
 resolved that there was no sufficient cause to 
 impel Missouri to dissolve her relations with 
 the Government of the United States. The 
 events that have since transpired have demon- 
 strated the wisdom of this decision of the 
 Convention ; and if all the people of the State 
 had yielded a cheerful acquiescence in the 
 decision of the Convention, Missouri would 
 have been preserved from the ravages of war; 
 and if the people of the United States had acted 
 upon the spirit of compromise recommended 
 by the Convention, the Union would have been 
 preserved without the shedding of fraternal 
 blood. But our conservative counsels were 
 drowned by the clash of arms ; and some of the 
 fairest portions of our State have been desola- 
 ted ; and the war is still raging with unmitigated 
 fury in other portions of the Union. 
 
 I said on a former occasion, and I repeat it 
 to-day, that we are as much bound by the pro- 
 visions of the Constitution in revolutionary 
 
151 
 
 times, and in the midst of civil war, as in times 
 of peace. All of our troubles have grown out 
 of a departure from the principles of the Con- 
 stitution. Secessionism and political abolition- 
 ism, the parent of secessionism, are at war with 
 the Constitution ; and the coi.tinued existence 
 of our Government depends upon the triumph 
 of the friends of the Constitution over both. 
 Our Government has more than a half a million 
 of soldiers in the field, for the avowed purpose 
 of vindicating the supremacy of the Constitu- 
 tion against those in rebellion ; and we can 
 best perform our part in the great work of 
 restoring the Union and the peace of our State, 
 by observing the established principles of the 
 Constitution. 
 
 If asked why ours is the best Government 
 ever devised by the wisdom of man, my answer 
 is, " because the Constitution is an embodiment 
 of the accumulated political wisdom of all past 
 ages, and secures, in the amplest manner pos- 
 sible, all the cardinal principles of civil lib- 
 erty." If the people of our State were living 
 in obedience to the requirements of the Consti- 
 tution of the United States, and of the State of 
 Missouri, and all existing laws, peace would 
 reign throughout her borders ; and I believe 
 that a controlling majority of the people of the 
 State are ready to do so. The destiny of Mis- 
 souri is irrevocably fixed in the Union ; a con- 
 viction of this fact pervades the minds of the 
 people. The war has ended in the State, and 
 it only remains for the State Militia to keep 
 down guerrillas, jayhawkers, and marauders. 
 
 Entertaining these views, I am opposed to 
 the postponement of the elections. I believe 
 that a free election, instead of causing a re- 
 newal of strife, as apprehended by some, will 
 have a tranquilizing effect. Let the elections 
 take place ; and let the elections be, as provided 
 in the Constitution, "free and equal." I am 
 opposed to the disfranchisement of any class of 
 bonafide citizens of the United States and of 
 the State of Missouri, who have the requisite 
 qualifications as to age and residence. 
 
 According to the Constitution, every officer 
 is required, before entering upon the discharge 
 of his duties, to take an oath to support the 
 Constitution of the United States and of the 
 State of Missouri, and to faithfully demean 
 himself in office; and the Convention, at its 
 last session, adopted an ordinance requiring all 
 officers to swear that they would support the 
 Constitution of the United States and of the 
 State of Missouri; and that they would not 
 take up arms against the Government of the 
 
 United States, or the Provisional Government 
 of the State of Missouri, nor give aid or com- 
 fort to the enemies of either, during the present 
 civil war. This oath did but little more than 
 express in words what was already implied in 
 the old official oath. The Goveinor in his 
 message, and the Lieutenant Governor in a 
 speech in the Convention, have commended the 
 practical workings of the ordinance requiring 
 this oath ; and yet a new official oath, retro- 
 spective in its character, has been proposed. 
 If the Convention desires to make additional 
 provisions of a prospective character for 
 securing in all officers fidelity to the Constitu- 
 tion of the United States, and of the State of 
 Missouri, and a full recognition of their 
 allegiance to the Government of the United 
 States, and of the State of Missouri, I will 
 give my support to whatever measures may be 
 necessary to accomplish this purpose. I can- 
 not, however, support any measure of a retro- 
 spective character, and I accordingly voted in 
 favor of the amendment of my colleague from 
 Clinton (Judge Birch) to strike out the retro- 
 spective features in the oath required by the 
 ordinance pending before the Convention 
 proscribing a new official oath. We permit 
 foreigners from every country, upon being 
 naturalized upon their renouncing their alle- 
 giance to their old Government and taking the 
 oath of allegiance to our Government to hold 
 office and to vote; and we ought to permit native- 
 born citizens of the United States, who may 
 for a time have departed from their allegiance, 
 to renew their allegiance and to be restored to 
 all the rights of citizenship, and among these 
 the right to hold office and vote. 
 
 I would have preferred a strong prospective 
 oath for officers, leaving the voters untram- 
 melled; hut as it is evident that the Conventipn 
 will require voters as well as officers to be 
 sworn, I prefer, among all the pending propo- 
 sitions, a simple prospective oath for voters. 
 The one required in the second report of the 
 committee is plain and effective, and will carry 
 out the spiiit of the Constitution by allowing 
 all, who are at heart citizens of the United 
 States, the right to vote if they have the requi- 
 site qualifications as to age and residence; and 
 it will debar from voting all who are not willing 
 to renew their allegiance to the Government. 
 This oath binds the voter to support the Con- 
 stitution of the United States and of the State 
 of Missouri, and to bear true allegiance to the 
 United States and to the State of Missouri, 
 and not to take up arms against either, or give 
 
152 
 
 aid and comfort to the enemies of either. But 
 as the Convention, at its present session, will 
 require a stronger oath than this of all officers, 
 I see no necessity to require any such oath of 
 voters, as the allegiance of all the officers to 
 the Government will be secured as far as it is 
 possible for any oath to secure their allegiance. 
 I am opposed to retrospective oaths as to 
 either voters or officers. Our State Constitu- 
 tion prohibits the passage of ex post facto 
 laws and laws retrospective in their operation. 
 And while I do not insist that this will pre- 
 clude the Convention from adopting whatever 
 oath may be deemed proper, yet I regard it as 
 unwise to make our ordinances operate retro- 
 spectively, even if, as claimed by the gentle- 
 man from St. Louis (Mr. Breckinridge), we 
 have the power to do whatever the safety of 
 the State may require. Retrospective legisla- 
 tion is inherently wrong. The plainest prin- 
 ciples of justice require that a law should be 
 enacted and promulgated before any act for- 
 bidden by it should be visited by any penalty 
 or disqualification that did not attach to the 
 act at the time of its commission. Law being 
 a rule of action designed to regulate the con- 
 duct of those within the sphere of its opera- 
 tion, the attempt to make it operate upon acts 
 that took place before the law had an exist- 
 ence is absdrd. 
 
 But does the safety of the State require the 
 disfranchisement of all that have been engaged 
 in the rebellion ? This can only be true upon 
 the supposition that the loyal citizens of the 
 State are in a minority in the State. What- 
 ever may be true in regard to some localities 
 in the State, I am satisfied that a large majority 
 of the people of the State are desirous of an 
 opportunity to prove, by their votes, that they 
 are opposed to any change in the Federal re- 
 lations of the State. Many of those who at 
 one time desired to take Missouri out of the 
 Union, are convinced now that duty and inter- 
 est, and the dictates of patriotism, demand 
 that our State should remain in the Union. 
 And if we will but consider the effect of the 
 disfranchisement of a large portion of the free 
 white male citizens of the State the disfran- 
 chisement of all who were engaged in the re- 
 bellion, or who gave aid, comfort, or counte- 
 nance to the rebellion, as insisted upon by 
 some, it will be seen that the safety of the State 
 forbids their disfranchisement. Aside from 
 the danger that might arise from a class thus 
 forced into hostility to those who have disfran- 
 chised them, we would find ourselves in the at- 
 
 titude of violating a great principle upon which 
 our forefathers fought in the revolution. We 
 would be taxing those that are not represent- 
 ed. I make no objection to the total exclusion 
 from the polls of all persons convicted of in- 
 famous crimes. But to tax citizens of the 
 United States who are not thus convicted, and 
 who recognize their allegiance to the Govern- 
 ment of the United States and of the State of 
 Missouri, without allowing them the right to 
 vote, will be taxation without representation. It 
 is no sufficient justification of this exclusion to 
 say that such persons embraced for a time the 
 heresy of secession and attempted to put it into 
 practical effect, if they are now willing to re- 
 new their allegiance to the Government. I am 
 not willing to vote for an ordinance of the 
 Convention which will preclude those who 
 wish to retrieve their errors from an opportu- 
 nity to do so. The President of the United 
 States, our General?, and this Convention at 
 its previous sessions, have invited those in re- 
 bellion to lay down their arms and renew their 
 allegiance to the Government, promising to all 
 who would do so the full enjoyment of all their 
 rights under the Constitution. We cannot, 
 therefore, without reversing this wise and hu- 
 mane policy, exclude those who in good faith 
 have accepted these invitations and renewed 
 their allegiance to the Government, from voting 
 or holding office. Let us remember, while we 
 congratulate ourselves upon having kept our 
 allegiance to our Government, that we were 
 all once in rebellion against the best Govern- 
 ment in the universe the Government of the 
 Creator of all things. And if in the Day of 
 Judgment the test be applied to us, requiring 
 us to have been loyal to the Government f the 
 King of kings during all stages of the rebel- 
 lion against it, we will be condemned. I am not 
 willing to apply to my fellow-citizens a rule 
 which, if applied to me, would exclude me from 
 Heaven. I prefer to act upon the golden rule, 
 " As you would that all men should do unto 
 you, do ye so unto them." 
 
 Some favor the postponement of the elections 
 from an apprehension that the secessionists 
 will get control of the State ; and others favor 
 the postponement fearing that the abolitionists 
 will carry the elections. A sufficient answer 
 to such objections is, that the friends of the 
 Constitution and the Union will triumph over 
 both. 
 
 But two departments of our State Govern- 
 ment are now in actual existence the Execu- 
 tive and Judicial Departments. The Legisla- 
 
153 
 
 live Department exists only in theory, and, if 
 \v- postpone all elections, we will be left 
 without any Legislative department during the 
 period of such postponement. We are left to 
 choose between the election of a Legislature 
 by the people, or the discharge by the Conven- 
 tion of the functions of the Legislature. I 
 have no hesitation in preferring the election of 
 the Legislature by the people, so that all the 
 departments of our State Government may be 
 restored to their full vigor. This course of 
 policy will, in my judgment, conduce to the 
 restoration of peace, by securing obedience to 
 the Constitution and laws. 
 
 The question being on the adoption of the 
 amendment to the amendment proposed by 
 Mr. Shanklin, the yeas and nays were demand- 
 ed, and the vote resulted : ayes 32, nays 37. 
 
 So the amendment to the amendment was 
 lost. 
 
 Mr. ORR moved to amend by adding, "that 
 all persons who had stolen, or impressed pro- 
 perty contrary to law, since the 17th of De- 
 cember, should be excluded from voting." 
 
 Mr. BRECKINRIDGE. I hope the gentleman 
 will withdraw his amendment. I am unwilling 
 to believe the gentleman from Greene simply 
 desires to hinder the action of the Convention. 
 After a long debate we have now about arrived 
 at a conclusion, and I hope the gentleman will 
 withdraw his proposition to amend and let us 
 settle this matter. 
 
 Mr. ORR. I hope the gentleman from St. 
 Louis will not deem it unkind in me in differ- 
 ing with him as to the propriety of urging this 
 measure. If we have spent the whole day in 
 trying to come to a conclusion, I want the 
 Convention to put this on record ; if they want 
 one class of individuals to be prevented from 
 voting, I want them to say whether they are 
 willing to have those who have stolen property 
 shall be allowed to vote side by side with me. 
 That is all I desire. I do not wish to be, 
 neither will I be deterred from doing what I 
 consider to be right. If the Convention will 
 allow me, I will say that I was about the first 
 man who had courage enough to take a posi- 
 tion in that desk and oppose this thing that has 
 been rushed upon us, and I am not afraid to 
 do what I believe to be right. I have seen men 
 driving stolen cattle from the country, and I 
 do not wish to be degraded by going to the 
 polls and voting with such men. 
 
 Mr. HALL of Buchanan. I have no doubt 
 that it is proper to exclude from the elective 
 franchise men who have violated the common 
 
 law of the State. The friends of the amend- 
 ment of the gentleman from St. Louis do not 
 wish to let thieves and murderers go unpunish- 
 ed, but they leave the common law to deal 
 with them ; they have no amnesty for their 
 offences. But it is otherwise with the men upon 
 whom this amendment operates; they have had 
 amnesty for their offences. The amendment of 
 the gentleman from Greene would give peifect 
 indemnity to one class, and I shall therefore 
 vote against it. 
 
 Mr. SHANKHN. I dislike on this occasion, 
 as upon any other, to detain the Convention 
 with any remarks, but I feel it is my duty to 
 present the reasons which will actuate me in 
 my vote upon the proposition now pending. I 
 hear gentlemen talk a great deal about test 
 votes. Now, I am new in this body and in 
 all parliamentary bodies. I vote on each pro- 
 position, as presented at the time, in the way 
 Ideem proper and correct. The discussion 
 of this question has taken a wide range, and a 
 range that I, for my part, very much regret. 
 This, sir, is a very simple and plain proposi- 
 tion. I left my home and came here fully be- 
 lieving that it would be proper and right to 
 pass some such measure as is contemplated in 
 the first section here. I do not favor a propo- 
 sition of this kind, sir, from vindictive motives 
 to those who have taken up arms. I favored 
 a project of this kind before, and since I came 
 here, because I believed it was necessary for 
 the best interests of the State. After I caine 
 here and discussed this matter in the light be- 
 fore me, I had my doubts as to the constitu- 
 tionality of a retrospective law, and the othet 
 day, you remember when we came to vote on 
 Mr. Orr's amendment, I stated the reasons 
 which actuated my vote ; and the reasons were, 
 that the whole section was objectionable. I 
 did not think there was anything practicable 
 in it. I did not regard it as a test vote, but I 
 see it has been given out and is so considered. 
 As I before remarked, I had some doubts as 
 to the constitutionality of a retrospective law. 
 This morning, when the gentleman from St. 
 Louis introduced his amendment, I still had 
 some doubts as to the constitutionality of a 
 retrospective law. I, therefore, introduced an 
 amendment in good faith, simply to ease my 
 own conscience and to bring the matter within 
 what I believed to be the provisions of the 
 Constitution of the United States. In my judg- 
 ment, it is not in the province of this Conven- 
 tion to punish those who have been in arms 
 against the Government of the United States, 
 
154 
 
 because the laws of the country will do that. 
 But; it is the peculiar province of the Conven- 
 tion to throw guards around the ballot-box. 
 This, I understood, is what it is proposed to 
 do, and the authorities read by the distinguish- 
 ed gentleman, this morning, were entirely sa- 
 tisfactory to me in this respect. I am willing, 
 and I shall now vote for the amendment of t';e 
 gentleman from St. Louis, for the reason lhat 
 it is within our province to throw guards 
 around the ballot-box, and that is necessary 
 for the safety of the State for us to do so. 
 
 Mr. Moss. I entertain the highest respect 
 for the gentleman from Greene (Mr. Orr), his 
 patriotism, wisdom, and good sense in all 
 things. No man in this Convention desires to 
 endorse thieves and robbers, even indirectly, 
 and really it does not seem to me that this Con- 
 vention has taken charge of the morals of the 
 people of Missouri. I do not think this pro- 
 position has anything to do with the question 
 we are desiring to settle, and I hope the gen- 
 tleman will withdraw it. I really think, to 
 say the least of it, that it is undignified and 
 unworthy the consideration of a deliberative 
 body. I say it in all kindness because I feel 
 it. 
 
 The yeas and nays were demanded, and the 
 vote resulted : yeas 8, nays 57. 
 
 So the amendment of Mr. Orr was lost. 
 
 Mr. WOOLFOLK offered an amendment to the 
 amendment, providing that persons claiming 
 to have engaged in the rebellion through du- 
 ress, supposed obligations of duty, or fraudu- 
 lent representations, might file an oath abjur- 
 ing all attachment to the rebel Government 
 and pledging themselves to bear true faith and 
 allegiance to the Government of the United 
 States, and be allowed to vote. The terms of 
 the oath he proposed required them to swear 
 that they had been in error, &c. 
 
 Mr. WOOLFOLK. I have just voted agains, 
 the amendment of the gentleman from Grundy, 
 because there is no principle in it. There is 
 no justice in disfranchising a man who returns 
 to-morrow from the rebel ai my, and yet allow 
 the man who returns to-day the right of suf- 
 frage. The Convention has issued no procla- 
 mation notifying rebels that all will be dis-- 
 franchised who fail to lay down their arms 
 before the 10th day of June. It is, then, a 
 mere matter of accident as to who will be dis- 
 franchised by the amendment of the gentleman 
 from Grundy. Justice and principle are not 
 invoked in determining the matter. I am in 
 favor of the amendment of the gentleman from 
 
 St. Louis, provided the amendment I have just 
 offered can be added to it. If this ordinance 
 should be retrospective at all as to voters, there 
 is no time from which the ordinance could 
 more properly take effect than from the 17th 
 of December the date of the expiration of the 
 amnesty granted by the Convention. As the 
 amendment of the gentleman from St. Louis 
 stands, however, I am opposed to it. It em- 
 braces all men who have returned from the 
 rebel army since the 17th of December, in one 
 wide, sweeping clause of disfranchisement. It 
 makes no distinction between the innocent and 
 the guilty between deceived and repentant 
 rebels and rebels from choice, who merely 
 submitted to the laws from necessity. There 
 is no doubt but that there are hundreds of men 
 in Missouri who have taken up arms through 
 duress, supposed obligation of duty, or fraudu- 
 lent representations, who are. thoroughly re- 
 pentant, and who would be proud to exhibit 
 the fact by taking advantage of my amendment 
 and filing their oath to that effect in the office 
 of the County Clerk. I have several men in 
 my regiment, among my best soldiers, who 
 would be disfranchised by the amendment of 
 the gentleman from St. Louis. There are 
 several returned rebels in the Twenty-third 
 Missouri Volunteers who did good service upon 
 the bloody field of Shiloh. I merely mention 
 these instances to show that our proposed ac- 
 tion would be very unjust. There are hun- 
 dreds of such cases all over the State. Such 
 men ought not to be disfranchised. They 
 would be proud to signify their repentance by 
 taking the oath prescribed by my amendment. 
 No unrepentant rebel would take that oath, 
 for he would feel degraded by it. My amend- 
 ment would do no harm, but merely make a 
 proper discrimination. Justice should be tem- 
 pered with mercy. God himself has set us a 
 proper example. When our first parents had 
 fallen from duty like the secessionists He 
 did not doom the whole human family without 
 discrimination. He provided means by which 
 they might still be saved by repentance and a 
 change of life. Let us do likewise. You offer 
 no encouragement to the repentant rebel unless 
 you adopt my amendment. You send him forth 
 into the wide, wide world, a disfranchised 
 slave, with the brand of Cain upon his brow, 
 and with no rainbow 7 of hope to gild the dark- 
 ened sky beyond. I am desirous to see the 
 amendment of the gentleman from St. Louis 
 passed together with my amendment. One 
 would flash before the polls like a flaming 
 
155 
 
 sword, while the other would extend the olive 
 branch of peace. In five years, if both remain 
 in force, every returned rebel will either have 
 fled abashed from the State or will have taken 
 advantage of my amendment, and proudly 
 point to the fact as an evidence of his loyalty. 
 In this \v-\y peace will be restored to every part 
 of Missouri, and her people will all be free. 
 
 Mr. AI.I.KX. It seems that the gentleman 
 thinks that, unless we adopt his amendment, 
 we are denying the right of repentance to these 
 rebels. I am willing to let them repent, and 
 to give them a good long time to do it. The 
 General Assembly can repeal this section any 
 time they see proper. Sir, when I think of the 
 conduct of men in this country, who, with the 
 light and knowledge they have had with refer- 
 ence to these great subjects, have persisted in 
 their efforts to break up the Government, and 
 have met their neighbors upon the battle-field, 
 and have imbued their hands in blood ; when 
 I think of our brave men Tindell and a host 
 of others, who fell by the hands of the enemies 
 of their country I am not disposed, just yet, 
 to receive these men back again, and grant 
 them all the immunities of this Government. 
 I want them to repent, and while they are re- 
 penting, I want them to see the result of their 
 acts. 
 
 Mr. LEEPER. My friend. Mr. Woolfolk 
 spoke of some of these repenting men return- 
 ing home and joining the army. I wish to 
 state a little incident to illustrate the confidence 
 I have in their repentance. I was at one time 
 engaged in the recruiting business, and I en- 
 listed four men that came back as repentant 
 rebels. They were very sorry, and were glad 
 to be enlisted in the United States service. 
 Each of them obtained a good outfit a good 
 horse and a Government saddle and all of 
 them shortly afterwards deserted and went 
 back to Dixie, taking with them the Govern- 
 ment horses and saddles. 
 
 Mr. HALL of Buchanan. By whose author- 
 ity did you enlist them ? 
 
 Mr. LI;I:I'[;K. By the authority of the com- 
 mander of the post. 
 
 Mr. HALL. It was contrary to law. 
 
 Mr. LKI:I'KR. This is the experience I have, 
 and this is the confidence I have in their re- 
 pentance and their loyalty. These men took 
 the oath prescribed for soldiers. 
 
 Mr. HA LL of Buchanan. Under the amend- 
 ment of the gentleman from Livingston, a man 
 might stay in the rebel army until the war was 
 over for ten years if it should last so long 
 
 and then come and swear he had been deceiv- 
 ed and duped into the rebellion; that he had 
 been misled and mistaken, and thereupon be 
 received back into the full rights of citizenship. 
 
 Mr. BIRCH. This amendment of the gentle- 
 man from St. Louis however intended, will cut 
 off all immigration for all time from the South- 
 ern States, because, unless they swear they 
 have not been in rebellion since the 17th of 
 December, 1861, they can never come to Mis- 
 souri. 
 
 Mr. HALL of Buchanan. Unless the Legis- 
 lature permits them. 
 
 Mr. BIRCH. A Legislature elected under 
 this restriction will never remove the restric- 
 tion. I am certain, if this amendment is incor- 
 porated into the law of the State, it will be per- 
 petual. They will only elect men of like mind, 
 who will shut the gates of Southern immigra- 
 tion forever. Sir, I happen to know a few men 
 in Virginia who went into this rebellion reluc- 
 tantly. I know a gentleman who made the 
 last Union speech in the Convention of Vir- 
 ginia. He stood by the old flag in Virginia 
 until the last, and there are thousands of just 
 such men men with Southern feelings 
 States Bights men, all through the South, 
 who clung to the old flag to the very last mo- 
 ment. I need not explain how it is with a Vir- 
 ginian how he goes as his State goes. But 
 this amendment would cut off the immigration 
 of these men forever. It would allow only 
 Northern immigration, and if there were no 
 other objection, I would vote against it on that 
 ground. What is man without hope ? Life 
 without hope has no charms ; and yet, not the 
 slightest hope is held out by us to these men, 
 who are to be proscribed by this ordinance. I 
 remember, in the play of Bertram, how one of 
 the characters exclaims, in the bitterness of de- 
 spair, " Ah me ! / have no country ! " That is 
 the condition in which we will place the men 
 who will come under the provisions of this or- 
 dinance. They will have no country! When 
 Edwin Price appeared before Gen. Halleck a 
 prisoner of war, the General saw that, beneath 
 the rough garb of the soldier, there beat the 
 heart of one of nature's noblemen, and, as I 
 have said, he restored to him his sword and his 
 war horse, and sent him home ; but you would 
 say to this man, " You shall never vote." And 
 you would say to the three thousand men whom 
 the Democrat says have returned to one coun- 
 ty, "You shall never vote;" but you say to 
 the men of the North pardon the allusion, I 
 have to make it, you say to Giddings, Sum- 
 
156 
 
 tier, Hale, and such men as they, who are re- 
 sponsible for all this who are the original authors 
 rf it " Come here and vote." I apologize, 
 Mr. President. [Laughter.] 
 
 The question being on the adoption of Mr. 
 Woolfolk's amendment, it was lost by a large 
 vote. 
 
 Mr. Marmaduke moved to adjourn. Lost. 
 
 Mr. Birch moved a call of the house. Agreed 
 to, and 67 members answered. 
 
 Further proceedings under the call being 
 dispensed with, the ayes and noes were taken 
 on the adoption of Mr. Breckinridge's amend- 
 ment. The vote resulted, yeas 35, nays 31. 
 
 So the amendment offered by Mr. Breckin- 
 ridge was adopted. 
 
 .The question being now on the first section 
 of the ordinance as amended, it was passed. 
 
 Mr. PHILLIPS moved to reconsider the vote, 
 and to lay that motion on the table. Agreed 
 to. 
 
 Mr. Stewart, from the Committee on the 
 Militia, submitted the following : 
 
 Resolved, That the rebellion has practically 
 killed the institution of slavery in this State, 
 and the rebels are responsible for it. In their 
 foolish or criminal desire to make the negro 
 question the paramount one, overlooking all other 
 questions, they have inaugurated the most trc 
 mendous, unholy and uncalled for revolution 
 which the pages of history have ever recorded 
 or perhaps ever will record. Having brought 
 destruction upon their pet institution, these 
 
 conspirators cannot charge it upon any other 
 nterest whatever. 
 
 Though it is to be admitted that there is, ac- 
 cording to the Constitution of the United States, 
 he right to hold all kinds of property, still 
 there is no right recognized, either by the Con- 
 stitution or by common sense, reason or patri- 
 otism, to justify any set of demagogues to tear 
 down the National flag and substitute a rebel 
 rag. Our Government is predicated upon the 
 rand idea that though nations differ as to the 
 policy of national matters, yet in the United 
 States all citizens from other nations, upon 
 taking the oath of allegiance to this sovereign- 
 ty, become, to all intents and purposes, citizens 
 of the United States. 
 
 A few men, entertaining the opinion that be- 
 cause they had owned the African, they had 
 the right to own all the laboring classes of their 
 own color, in consequence of the fact that they 
 did not happen to be born in their own neigh- 
 borhood ; these same demagogues attempted to 
 build up a new government, for the purpose of 
 using all the benefits of American civilization 
 for the benefit of themselves and their children. 
 It is believed that if the institution of slavery 
 could be dispensed with upon terms of equal 
 justice to all, the State would be benefitted by 
 such action. Divested of all prejudice, the 
 question of slavery in this State is a proper 
 one for the mature deliberation of all classes, 
 and more particularly ior the slave owner him- 
 self. 
 The Convention thereupon adjourned. 
 
 EIGHTH DAT. 
 
 JEFFERSON CITY, 
 Tuesday, June 10, 1862. 
 
 Met at 9 o'clock. 
 Prayer by the Chaplain. 
 
 QUESTION OF PRIVILEGE. 
 
 Mr. LONG, on a privileged question, made 
 the following explanation : 
 
 Having been either misunderstood in an ex- 
 planation of my vote upon the Orr amendment, 
 or the explanation omitted in publishing the 
 votes, I desire to state that a single feature in 
 the first section of the elective franchise was 
 
 not clear to my mind as just and proper; 
 hence I voted for Judge On's amendment to 
 strike out, with the avowed purpose of moving 
 another amendment to the residue of the sec- 
 tion. This privilege, however, was cut off by 
 its re-commitment. I have been all the while, 
 and am still, firmly of the opinion that a strong 
 safeguard should be thrown around Missouri 
 ballot-boxes, and that the closest restrictions 
 should be placed upon the voters loyalty be- 
 ing the only fair test. Let loyal men vote, to 
 the exclusion of those who have raised the red 
 hand of rebellion against the Constitution and 
 
157 
 
 the laws of the best and most lenient Govern- 
 ment on the earth at least until they have 
 been regenerated and washed of their sins. 
 
 CLAIMS AGAINST THE STATE. 
 
 Mr. DOUGLASS, from the committee to whom 
 was referred the memorial of Philander Dra- 
 a reference to claims against the State, 
 {.resented an ordinance in relation thereto. 
 
 Mr. HALL of Buchanan. I move to re-com- 
 mit it, in order to make it general. 
 
 Mr. McFi-KiiAN. There has been a bill re- 
 ported from the Committee on Military Affairs 
 that I think covers substantially the grounds 
 covered by this bill. 
 
 Mr. HALL. I withdraw my motion for the 
 present. 
 
 DIVISION INSPECTORS. 
 
 The bill for the payment of Division Inspec- 
 tors was taken up and read as follows : 
 AN ORDINANCE FOR PAYMENT OF DIVIS- 
 ION INSPECTORS, AND FOR OTHER PUR- 
 PO- 
 
 Be it ordained by the People of the State of Mis- 
 souri tn Convention assembled, as follows : 
 SECTION 1. That the unpaid Division In- 
 spectors of the Missouri State Militia, as ap- 
 pointed by Provisional Governor, under the act 
 of 1859, which act was revived by the Conven- 
 tion, shall be paid by the Assistant Paymaster 
 of the Missouri State Militia, according to rank, 
 from the date of their respective commissions, 
 until the repeal of said act on the 17th day of j 
 October, 1861 : Provided, such Inspectors en- ! 
 tered upon and continued in the discharge of ! 
 their duties as such. 
 
 SEC. 2. That the Governor may appoint as 
 many Commissioners as he may deem necessa- 
 ry, whose duty it shall be to audit and report 
 for payment, to the Quartermaster General of 
 the State, such claims for Commissary and 
 Quartermaster stores furnished to the State 
 
 Militia, after the day of July, 1861, and 
 
 before disbanding from the " six months' ser- 
 vice," as shall be proven to be honest and just. 
 The Quartermaster General, or any Assistant 
 Paymaster of the Missouri State Militia, shall 
 pay all such claims as may be audited and re- 
 ported by said Commissioners to him for pay- 
 ment, unless such claims shall appear to him 
 to be unjust and unfounded, in which case he 
 shall return them to the Commissioner or his 
 successor, who may re-investigate the same 
 and make a second report on such claims or 
 claim. Upon such second report being made, 
 the amount reported for payment shall be paid 
 by the Quartermaster General. 
 
 Sec. 3. That when soldiers have died in the 
 "six months' service" Missouri State Militia, 
 having pay or claims due them for such ser- 
 vice, the administrator or legal representative 
 of said deceased soldier shall be entitled to col- 
 lect and receive the amount due such soldier 
 from the officer charged with the payment of 
 such claim ; and in cases where the estate is 
 so small as not to authorize an administration 
 under existing laws, then the officer will pay 
 the amount due such soldier to the widow and 
 heirs of such soldier according to the law of 
 distribution. And in all cases, in the Missouri 
 State Militia, where a soldier has been or may 
 be discharged for disability existing before his 
 enlistment, he shall be paid by the Paymaster 
 General the same amount he would have re- 
 ceived or may be entitled to from the State or 
 Federal Government if no such disability had 
 existed ; and in case of the death of such soldier, 
 the amount shall be paid to his legal represen- 
 tatives. 
 
 Mr. DOUGLASS. I do not think the ordinance 
 as reported accomplishes the object I had in 
 view, and I therefore move to pass it over for 
 the present. 
 
 The motion was agreed to. 
 
 REPORTS OF COMMITTEES. 
 
 Mr. POMEROY, from the select committee to 
 whom was referred the bill for the distribution 
 of laws, reported the same back and recom- 
 mended its passage. Mr. Pomeroy explained 
 that the laws were sent to his county, but were 
 destroyed ; and this ordinance was merely to 
 authorize the Secretary of State to furnish other 
 copies to the county. 
 
 Mr. PHILLIPS moved to add Pettis county, 
 which was similarly situated. 
 
 Mr. BIRCH. I wish to ask whether we are 
 to entertain local legislation ? 
 
 The VICE PRESIDENT. The Convention has 
 taken no action of this sort at all. 
 
 Mr. MC-FERRAN moved to lay the ordinance 
 on the table. The motion was agreed to. 
 
 Mr. WOODSON presented the memorial of 
 Professor Swallow with reference to certain 
 moneys due him from the State. Keferred to 
 the Committee on Finance. 
 
 Mr. ORR presented a report from the Com- 
 mittee on Revenue recommending the passage 
 of the ordinance in relation to the Register of 
 Lands. 
 
 Mr. IRWIN, from the select committee, pre- 
 sented a report in regard to the petition of 
 citizens of the Fourth Senatorial District for 
 
158 
 
 the expulsion of P. L. Hudgens, a member of 
 the Convention. The committee report the 
 evidence in the case is insufficient, and recom- 
 mend that the petitioners have leave to with- 
 draw. 
 
 Mr. SMITH of St. Louis. I ask that the 
 petition be read. 
 
 Mr. MCFERRAN. I suppose that the report 
 of the committee is all that the gentleman from 
 Andrew could ask; and as the State cannot be 
 benefitted by an investigation in relation to any 
 differences that may exist between him and his 
 constituents, I move to lay the report on the 
 table. 
 
 Mr. HUDGENS. I hope the gentleman will 
 not insist on that motion. 
 
 Mr. MCFERRAN. I beg the gentleman to 
 believe that the motion is not disrespectful to 
 him ; but I am not willing to take up the time 
 of this Convention in determining questions of 
 this sort. 
 
 The report was then laid on the table. 
 
 The ordinance authorizing the Government 
 to appoint artillery officers was taken up and 
 passed. 
 
 Mr. ZIMMERMAN offered the following: 
 
 Resolved, That this Convention adjourn on 
 next Thursday, and stand adjourned until the 
 next Legislature is duly qualified : Provided, 
 the Governor, if necessary, may call the Con- 
 vention together ; and if it is not called together 
 it shall be adjourned sine die. 
 
 Mr. ALLEN. I move to lay the resolution on 
 the table. 
 
 The motion was agreed to. 
 
 QUALIFICATIONS OF VOTERS. 
 
 t The ordinance in relation to the qualifica- 
 tions of voters. Several verbal changes were 
 made in the ordinance by common consent. 
 
 The VICE PRESIDENT. The question is on 
 the adoption of the third section as amended. 
 
 Mr. SCOTT. I move to amend in the fifteenth 
 line. After the word "officers," insert "and all 
 circuit court and county court clerks." 
 
 Mr. MCFERRAN. They are already included. 
 
 Mr. SCOTT. To my mind there is something 
 of that kind necessary. It occurs to me there 
 may be som? difficulty as to where the candi- 
 dates for circuit court and county court clerk- 
 ships should file their affidavits; and this is what 
 induced me to offer this amendment. 
 
 The amendment was lost. 
 
 Mr. HOWELL. I desire to offer an amend- 
 ment. Insert after the words "State of Mis- 
 souri," "nor since the 17th of December, 1861." 
 
 I desire, Mr. President, to make an explanation 
 as to the effect the amendment I have proposed 
 will have upon the amendment as offered by 
 the chairman. Yesterday we passed an amend- 
 ment excluding all persons from voting who 
 have been in the military service since the 17th 
 of December last. The present ordinance, as 
 reported, excludes all persons from holding 
 office unless, before they shall have been ap- 
 pointed or elected, they shall file an affidavit 
 that they have never taken up arms against the 
 United States or the Provisional Government 
 of Missouri. 
 
 Mr. MCFERRAN. I rise to a point of order. 
 The amendment of the gentleman is out of 
 order, because this section is not now subject to 
 amendment. 
 
 Mr. HOWELL. I do not intend to consume 
 the time of the House but for a short period ; I 
 do not intend to indulge in speech-making 
 proper, sir, any further. I was remarking 
 when interrupted, that the effect of the amend- 
 ment that has been proposed is to exclude all 
 persons in the State who have taken up arms 
 against the Government of the United States, 
 from holding any office, State, county, or muni- 
 cipal, within the State. Now, I propose, by my 
 amendment, that all persons who have been 
 loyal since the 17th of December shall be 
 allowed to hold office. Now, sir, I am no 
 advocate here, and I do not desire to be con- 
 sidered as such, for those restless, turbulent, 
 and evil disposed men of the country who have 
 stood behind the scenes here and induced young 
 men and others to take up arms against the 
 Government of the United States or of Mis" 
 souri ; and if any gentleman is disposed to 
 consider me as wishing to mitigate the offences 
 they are guilty of, I am misunderstood en- 
 tirely. I come from one of the rural districts 
 of this State, and I have some knowledge of 
 the working of this thing in the country. I do 
 not profess, sir, to a more accurate Knowledge 
 of the operation of this thing than other gen- 
 tlemen who come from the rural districts ; but 
 my experien e is, and I have no doubt it is the 
 experience of various other gentlemen here, 
 that there are thousands and thousands of men 
 as loyal, Mr. President, as you or I, or any other 
 member on this floor, who have, under the 
 stress of circumstances, given aid and comfort 
 to the enemy during this rebellion. They 
 have not done so, sir, to promote rebellion, but 
 they have been so situated that they have been 
 compelled to render assistance. Now, I appeal 
 to the sense of the Convention to reflect upon 
 
159 
 
 what kind of a predicament men thus circum- 
 stanced will bo placed in under this oath. They 
 may be able to swear they have never wilfully 
 or intentionally given aid to the enemies of the 
 General Government, or the State of Missouri; 
 but these men will never place themselves in 
 a position to swear they have never done any 
 acts of this sort, when there will be hundreds 
 around them who will know to the contrary. 
 
 Mr. IRWIN. Does not the word "wilfully" 
 obviate the objection'? 
 
 Mr. Ho WELL. I think not. Now, the word 
 "wilfully" might be satisfactory to the person 
 taking the oath, but it would leave such an 
 individual subject to the taunts and aspersions 
 of those around him who will know he has 
 committed the acts, and who will not be kind 
 enough to explain to the world the circum- 
 stances under which they were committed. 
 
 Mr. Moss. I am sorry to be compelled to 
 differ with my friend on this proposition, and, 
 sir, before I proceed further, I will state that I 
 am for this section and always have been. This 
 is my method of reaching the object which we 
 all desire, of keeping loyal men in office. I 
 have been in favor from the beginning, and 
 have so expressed myself, of putting restric- 
 tions upon the candidate or man who is to hold 
 office, and I have been in favor of leaving the 
 voter free from any retrospective restriction. 
 But I am for retrospective restriction upon the 
 candidates and always have been. I do not 
 think this section is liable to the objection urged 
 by my friend. He says there are many men 
 in his county who are as loyal as any gentle- 
 man on this floor, but who have been, by force 
 of circumstances, compelled to give aid to the 
 rebellion. Why, sir, they are not included in 
 this section at all, and I will read to show that 
 men of thai character who have been against 
 it by expressed views and who have at all 
 times discouraged the rebellion, except when 
 overpowered by the influences around them, 
 that such men are not governed by this section 
 at all ; and the word wilfully as used here, I 
 contend, does give relief to these men. I have 
 men of that sort in my county. They are 
 Union men and have been, and whenever they 
 have not been overpowered by the force of 
 surrounding circumstances, they have been 
 opposed to the rebellion, and I think they are 
 excluded by this oath. 
 
 Mr. HITCHCOCK. I would like, for informa- 
 tion, to ass the gentleman from Monroe if I 
 am mistaken in supposing that the operation 
 of his amendment would include all of Colonel 
 
 Martin Green's company, who went back to 
 North-east Missouri. 
 
 Mr. HOWELL. No, sir, I do not propose to 
 modify the ordinance so as to relieve any man 
 who has taken up arms or been connected with 
 any organization against the Government of 
 the United States, or the State of Missouri at 
 any time. If my amendment is read, it will 
 show that the limit to the 17th of December is 
 only to apply to those who may have given aid 
 or comfort. I desire to remark that I was not 
 a favorite with Colonel Green's men. They 
 had no love for me, as all my county knows. 
 
 Mr. HITCHCOCK. I would ask the gentleman 
 this question. Does he not think there are a 
 great many men, in some parts of the State, 
 who, since the 17th of December, have been 
 forced to give aid and comfort to the rebellion? 
 
 Mr. SHANKLIN. I have been somewhat ac- 
 quainted with the pressure brought to bear 
 upon young men to enter this rebellion in the 
 country where I have been, and I have been 
 doubtful in my views in regard to restrictions. 
 But I desire the offices of the State to be held 
 by loyal men, and loyal men only. Those who 
 have been drawn into the rebellion are either 
 too weak or too corrupt to hold office. I am, 
 therefore, opposed to the amendment. 
 
 The yeas and nays were demanded on Mr. 
 Howell's amendment, and the vote resulted : 
 yeas 22, nays 44. So the amendment was lost. 
 
 Mr. COMINGO. I thought I sufficiently ex- 
 plained my vuws on yesterday to set myself 
 right, and be understood by all who heard me, 
 but it appears I was mistaken. There is either 
 an entire misapprehension of the position I 
 assumed, o a wilful and designed misrep- 
 resenta'ion of my language. [ therefore feel 
 constrained to add a few remarks this morn- 
 ing. 
 
 It was in effect, if not in express teims, sta- 
 ted by one gentleman, in his reply to the re- 
 marks I made yesterday, that there is a strong 
 presump''on that any one who entertains such 
 views, entertains an undue sympathy for the 
 rebellion and its friends. I must cnfe.s, sir, 
 that I was pained when I heard that sentiment 
 uttered here. If a man's views as to what is 
 law and what is not, and what is sound policy 
 and what is not, are to determine the question 
 as to his loyalty, I ask how are we to get a 
 standard by which all are to be judged ? We 
 fino among the members on this floor, a great 
 variety of opinions on these very questions. 
 Who e shall we adopt as the standard ? At all 
 times, but more especially in times like the 
 
160 
 
 present, it ig important to have some well de- 
 fined rules by which the great questions that 
 arise between the Government and its subjects 
 can be clearly and properly settled. Can we ever 
 get them, if the idea in the minds of some here 
 of what constitutes loyalty is correct ? Whose 
 views of the law and of sound policy shall we 
 adopt? The gentleman from St. Louis, (Mr. 
 Breckinridge,) whom I regard as a friend, has 
 one standard and I have another. He goes a 
 step or two beyond me in declaring the law, 
 and adopting a policy. He will, by his stan- 
 dard, hang, imprison, or fine me, on account 
 of disloyalty ; but to avert this calamity, sup- 
 pose I conclude to adopt his standard, or, in 
 other words, his interpretation of the law, &c. 
 But this does not clear our coast of breakers. 
 A third gentleman comes along entertaining 
 still another, and, if you please, a more exal- 
 ted opinion of law and policy. Judged by his 
 standard, the gentleman from St. Louis and 
 myself are in sympathy with rebels, and are 
 therefore unworthy to be classed with loyal 
 men. The gentleman from Linn (Mr. Smith) 
 is the one who gave, more clearly than any 
 other, expression to the sentiment to which I 
 have thus referred. But I doubt not that he 
 will some day see and acknowledge his error 
 as to this. I presume he is a law-abiding man ; 
 and I believe he is a dispenser of the law in 
 one of the courts of this State. Suppose he 
 were to go upon the streets at this time and see 
 an infuriated populace about to visit summary 
 punishment on some one who had been guilty 
 of murder or some other great offence, would 
 he not raise his voice against popular violence ? 
 Would he not appeal to the multitude with all 
 the energies of his soul, and beseech them, by 
 all the considerations he could urge, to desist? 
 I entertain no kind of doubt that he w T ould. 
 Suppose, again, that he should see one about 
 to become a victim to popular violence in any 
 of its forms, excited by an offence, or even by 
 repeated offences, against the laws of the land ; 
 and suppose he, as a good citizen, should raise 
 his voice against it, and should admonish the 
 people of the danger attending such acts as 
 they were about to perpetrate. I ask him wheth- 
 er he could, with the least degree of propriety, 
 be said to sympathize with the murderer, and 
 the other violaters of the laws of the land, 
 whom he might thus endeavor to protect ? 
 Surely not. So it is with rpgard to the propo- 
 sition now under consideration ; and so with 
 regard to all others of a kindred nature. If a 
 man see another about to do what he honestly 
 
 believes to be a violation of law, or even im- 
 politic in its character, it becomes his duty to 
 raise his voice against it ; but, according to the 
 gentleman from Linn, he thereby manifests a 
 sympathy for those whom he would protect 
 against the punishment about to be inflicted, aa 
 he believes, in violation of the law. This, it 
 occurs to me, is a narrow and illiberal view of 
 the motives by which men are presumed to be 
 governed in the discharge of a sworn duty. 
 
 Sir, I do not feel like casting reproach upon 
 any member of this body. I do not feel dis- 
 posed to use vindictive epithets in speaking of 
 those present who do not take the same view 
 of duty that I do. I do not feel like retorting 
 upon them by conjuring up uncharitable pre- 
 sumptions as to the motives that impel them 
 in their action, if I had the power to do so. I 
 will tell the gentleman from Linn, however, 
 that there are men all through the State who 
 will concur with me in the views I entertain 
 and have endeavored to present, and they, too, 
 as loyal as he is, or as he dare or could wish 
 to be. There are men in this State, and not a 
 few I imagine, entertaining these views, who 
 have that high regard for their country, which, 
 I doubt not, actuates him ; men, who would say 
 to us, with fervid earnestness, " Do not, in your 
 desire to punish the guilty, and preserve the 
 Government, override the Constitution and the 
 laws, if possible to avoid it;' ; and these too 
 all of them men who, from their inmost souls, 
 would sing of their country as one of old sang 
 of the church 
 
 *' If ere my heart forget 
 
 Her welfare or her woe, 
 Let every joy this heart forsake, 
 And every grief o'erflow." 
 
 I have opposed all these measures which point 
 to the disfranchisement of our citizens and 
 their disqualification for holding office as un- 
 constitutional. With regard to the section now 
 under consideration, or, more properly, with 
 reference to the amendment thereto, there are 
 but two questions, the one relates to its pol- 
 icy, the other to its legality. Touching its 
 policy I shall not say another word, as it has 
 already been most thoroughly discussed, ex- 
 cept to add that I still think it doubtful, admit- 
 ting that there can be no other questions grow- 
 ing out of it. 
 
 With reference to its legality, I will add a 
 few words. I stated on yesterday that this 
 amendment does one of two things : it creates 
 a civil disability, such as may be created by a 
 law defining the qualifications of voters, or it 
 
161 
 
 acts as a punishment upon those whom it 
 reaches in its effects for an offence they have 
 committed against existing laws. 
 
 If it can b* shown to be merely of the for- 
 mer character, all discussion must end, except 
 as to the policy of the measure j but if it 
 should appear to be of the latter, no further 
 discussion can arise. I have maintained, and 
 I still maintain, that this amendment, should it 
 become a law, will belong to that class of 
 laws the passage of which is prohibited, the 
 opinion of gentlemen of legal ability to the 
 contrary notwithstanding. Now let us look 
 for a moment at the ordinance, or, I should 
 rather say, the amendment itself. It provides, 
 in effect at leiist, that all who have taken up 
 arms, or given aid, &c., against the Govern- 
 ment, shall be, in consequence of so doing, dis- 
 qualified to vote. I ask you, is it not manifest 
 from the very terms of the ordinance itself 
 that it is designed as a punishment to those to 
 whom it will reach a punishment for a mis- 
 demeanor a punishment for treason in all its 
 forms and nothing more or less? If lam 
 correct in my conclusion as to this, then, I ask 
 you, how the question stands in a legal point 
 of view? Asa matter of course, every gen- 
 tleman will admit that it is indefensible. 
 
 I ask the indulgence of the house for a few 
 moments, that I may read one or two authori- 
 ties, with regard to these retrospective laws, 
 showing the light in which they are regarded 
 by those who have written to inform us, and 
 all otheis who might come after them, as to 
 the law. 1 read from Walker's American Law, 
 gectiori S3, page 195 : 
 
 " There can be but one opinion as to the in- 
 justice of retro-active laws. It is a necessary 
 maxim that ignorance of the law forms no ex- 
 cuse for violating it, because, otherwise, every 
 transgressor would set up the plea of igno- 
 rance. When laws are prospective in their pro- 
 visions, and promulgated before they take ef- 
 fect, there is no hardship in this maxim ; for 
 it is at least possible to know them. But when 
 they are made to act backwards upon that 
 which transpired before their existence, this 
 maxim becomes inhuman, since it holds men 
 responsible for knowing what they could not 
 possibly have known. Again: retro-active 
 laws are as absurd as they are unjust. The 
 des'gn of a law is to regulate conduct ; that is, 
 to fix a rule for it j and the idea of regulating 
 past conduct involves an absurdity in terms. 
 You may attach a new consequence to a past 
 transaction, but this is not regulating it j for 
 11 
 
 that which is past is beyond regulation. It 
 cannot be altPied, recalled, or avoided j and^ 
 therefore, ought not to be legislated upon. Give 
 a Legislature power to pass retio-active laws., 
 and no one can be safe, since his whole past 
 life is liable to be animadverted upon. For 
 such reasons as these, it is obvious that retro- 
 active laws are fit only for tyrant to make 
 and slaves to submit to." 
 
 This same author tells us that ex posttfact* 
 laws are held to be retro-active ciiuunal lawB. 
 Such is, no doubt, the case } all the authorities 
 concur on this poii.t. And it is because I ic- 
 gard this amendment as retio-active, and aa 
 possessing the character of a criminal law ; that 
 I oppose it. Treason, in all its forms is, and 
 ever has been, and must ever be, regarded and 
 punished as a crime. In one form it may be 
 punished with death, or by imprisonment im 
 the penitentiary, under the Constitution and 
 laws of this State. In this case, conviction ia 
 followed by all the disabilities contemplated la 
 this amendment. But there are many cases ia 
 which these disabilities do not attach at pres- 
 ent, as will be seen by reference to our legis- 
 lative enactments upon the subject. 
 
 The twelfth section of the act prescribing 
 the punishment of treason, misprision of trea- 
 son, &e., and the fourth section of the same 
 act, indicate what punishment may be inflicted 
 upon those convicted of certain offences par- 
 taking of the nature of treason. In none of 
 these cases, the disabilities we are endeavoring 
 to create attach under any of our existing 
 laws. I might read f rom Sedgwick and Story, 
 and other authors, with regaid to (he crime of 
 treason, showing what it is, and how it may 
 be punished, but it is not necessary that I do 
 so. All the authorities show that a law that 
 enlarges the punishment of an offence already 
 committed, is ex post facto, and, therefore, un- 
 constitutional and void. 
 
 Now, it has been argued by some that, inas- 
 much as new consequences may be attached 
 to the commission of any particular offence, 
 we have full authority and power to do what 
 we are attempting. I do not hesitate to admit 
 that if we were about to remove existing pun- 
 ishments from those who have been guilty of 
 treason 
 
 Mr. Moss. Tho gentleman has read a law 
 authority in support of the position he takes. 
 I will just read a portion of it over again, and 
 ask him a question. [Mr. Muss then read a 
 pait of the extract already given from Walk- 
 er's American Law.] I now ask the gentle- 
 
162 
 
 man if this is not attaching a new consequence 
 to a past transaction ? 
 
 Mr. COMINGO. It is not, in the sense in 
 which the gentleman assumes it to be; nor in 
 the sense in which it may be done, or ever has 
 been done. I suppose if we were to change 
 the punishment for treason in such manner as 
 to substitute a less or milder form for any of 
 the severer modes now authorized by law, we 
 would be attaching a new consequence to the 
 offence, and would be acting in conformity 
 with the authority cited. 
 
 To illustrate. If by existing law the pun- 
 ishment for treason, or any other given offence, 
 were death, and we, or any other body acting 
 in a legislative capacity, should change the 
 law in such manner as to punish all such of- 
 fences, as well those that have been as those 
 that may hereafter be committed, with impris- 
 onment for life, or in any manner less severe 
 than death, we would be attaching a new con- 
 sequence. So, too, would we be adding a new 
 consequence were we to change the punish- 
 ment now inflicted for malicious assault with 
 intent to kill to fine and imprisonment in the 
 county jail. In a word, any mitigation of the 
 punishment that may be inflicted on account 
 of an antecedent offence might be regarded as 
 the attaching of a new consequence to a past 
 transaction ; and parties accused could not ob- 
 ject to it. 
 
 But, sir, we are not attaching a new conse- 
 .quence, but an additional one. We leave all 
 the old consequences standing, and attach 
 another. The effect is just as I have stated 
 it; and we are doing, indirectly, what we have 
 not the power, and would not attempt to do, 
 directly ; for, I presume, no one here would 
 vote for an ordinance any clause of which 
 might propose disfranchisement as an addition- 
 al punishment for'treason, or any other crime 
 heretofore committed. I do not hesitate to ad- 
 mit that all kinds of legal restraints and safe- 
 guards ought to be thrown around the exercise 
 of the elective franchise, and the right to seek 
 and hold office, that are not repugnant to sound 
 policy. But, entertaining the views that I 
 have expressed touching the character and 
 effect of this amendment, I feel constrained to 
 vote against it. 
 
 Mr. FLOOD. I wish to give the reasons why 
 I cannot vote for that section of the ordinance. 
 I am in favor of restrictions, but I am not in 
 favor of the restrictions which that section im- 
 poses. If the amendment offered by the gen- 
 tleman from Monroe had been adopted I could 
 
 vote for it. I know in the section of country 
 where I live that many of the best citizens in 
 our county, from the impulse of the moment 
 and from circumstances thrown around them, 
 did for a time encourage this rebellion. 1 know 
 that that ordinance will exclude the best citi- 
 zens of our county from holding office. Why, 
 when it was said all over the country that 
 Frank Blair was coming with a mob to 
 take the Capitol, and the Governor called 
 upon the militia to rally to the support of 
 the Government, the whole country was in 
 a blaze, and the most loyal citizens we had 
 responded to the call. It may be said from 
 this that I am a secession sympathiser, but 
 those who know me, know that from the first 
 I opposed this movement. I look upon it as 
 one of the most damnable heresies that ever 
 was started I look upon it as the twin 
 sister of Abolitionism ; and instead of being 
 governed by higher laws, they are gov- 
 erned v by lower laws, which come from the 
 father of lies. But I do not want to exclude 
 my fellow-citizens that are as loyal as I am, 
 and rather than do it, I would say, let my right 
 arm fall from my shoulder blade. 
 
 The third and fourth sections were then 
 agreed to. 
 
 Mr. RAY moved to strike out of the fifth sec- 
 tion, "ministers of the Gospel and school 
 teachers." 
 
 Mr. BRECKINRIDGE. I only wish to express 
 my hope, Mr. President, that this amendment 
 will not be adopted. If I understand the effect 
 of the ordinance, it is to prevent any minister 
 of the Gospel, who is not willing to take this 
 oath, from marrying persons. It does not 
 prevent him from preaching, or burying the 
 dead, or baptizing children. It keeps him from 
 marrying those who wish to be married. I do 
 not suppose it would prevent marriage, for 
 there are plenty of justices of the peace in the 
 country. The only effect is to show the pur- 
 pose of such persons not to be loyal if they are 
 unwilling to take the oath. I do not know 
 any duty which appertains to the avocation of 
 a minister of the Gospel, except the right of 
 marrying. 
 
 Mr. SHEELEY. I would ask whether, under 
 the laws and constitution of this State, preach- 
 ing does not amount to a duty. 
 
 Mr. BRECKINRIDGE. My attention has not 
 been directed to that. 
 
 Mr. HITCHCOCK. I suggest that the diffi- 
 culty raised by the gentleman can be reached 
 by an amendment which I propose to offer. 
 
163 
 
 After stating that these parties shall take an 
 oath within ninety days, insert as follows : 
 "And failing to do so, every minister of the 
 Gospel shall thereafter be disqualified from 
 performing any civil functions under the civil 
 laws of this State." 
 
 Mr. Moss. I desire to make some remarks, 
 and before doing so, I wisli the clerk to read 
 an amendment offered by the gentleman from 
 St. Louis. 
 
 The clerk then read the amendment offered 
 by Mr. Breckinridge on yesterday. 
 
 Mr, Moss. Now, Mr. President, I have no ' 
 serious objection to shutting the man out from 
 holding office who has been guilty of conduct 
 of that sort an office, in the exercise of the | 
 duties of which he might ruin the State. But ' 
 while gentlemen may say it is right to prevent j 
 a man from voting and holding office who has 
 been guilty of these things, it seems to me no | 
 law can prevent a man from teaching school j 
 or practising his profession. We are not here ; 
 for the purpose of making beggars. Some men 
 have learned to teach school as a profession and ! 
 they know nothing else ; lawyers are just the ( 
 same in this respect ; but you absolutely take 
 the bread and meat from the mouths of their 
 wives and children by this amendment. I, for 
 one, am not willing to aid in bringing men to 
 want and beggary in Missouri. 
 
 Mr. MCFERRAN, This argument is out of 
 order at the present time. 
 
 Mr. Moss. I move to amend by exempting 
 attorneys and school teachers. 
 
 Mr. MCFERRAN. I desire to say, as far as 
 this oath required to be taken in the fifth sec- 
 tion is concerned, I do not suppose any one de- 
 sires to make it retrospective, and I do not 
 want members of the Convention, in voting on 
 an amendment that has nothing to do with 
 that, to be influenced in their vote by believ- 
 ing that this oath is designed or intended to be 
 retrospective. The question now is, whether 
 ministers of the Gospel and school teachers 
 shall take this oath. I think if there is any 
 class in the State that ought to be put under 
 the solemnity of an oath, it is the ministers of 
 the Gospel. Of all the men in the State who 
 have contributed to bring about the evils now 
 on us, I think there is no class that is so re- 
 sponsible as ministers of the Gospel. The 
 minister always does his work effectually; and 
 whenever he gets to be a politician and gets 
 among his flock, he instils poison into their 
 minds, and all the arguments of politicians and 
 orators can never remove it. If there is 
 
 any class of men in this State who should be 
 put under obligations of loyalty, the experien- 
 ces of the last year show it should be ministers 
 of the Gospel. I would rather except attorneys 
 at law than ministers of the Gospel. I believe 
 they are not as fanatical upon the questions in- 
 volved in this rebellion as ministers of the Gos- 
 pel have shown themselves. It can do no harm 
 to make ministers of the Gospel loyal. I do 
 not desire to make this oath retroactive as to 
 them, nor do I think the Convention desires to 
 do it; but that they should take an oath I have 
 no doubt, and that the public safety of the State 
 requires it. The ordinance, as it now stands, 
 does not prevent or prohibit disloyal ministers 
 from discharging their duties under the law. 
 In all respects I think it does not go far enough 
 in this respect. I do not Ihink disloyal men 
 should be permitted to preach in this State- 
 Not that I have any disrespect for ministers of 
 the Gospel, but because I have a high respect 
 for the public safety and the peace of the State, 
 and because I consider them more important 
 than any considerations appertaining to indivi- 
 duals. At the proper time I shall move, un- 
 less I shall change my purpose, to make it 
 apply so as to prevent them from preaching if 
 they refuse to take the oath we prescribe. 
 
 Mr. Moss, I will say to the gentleman, if 
 he will do as he proposes, I shall have no ob- 
 jection to his swearing ministers of the Gospel 
 or school teachers in the future. 
 
 The VICE PRESIDENT. The question before 
 the Convention is on agreeing to the amend- 
 ment offered by the gentleman from Carroll 
 (Mr, Ray). 
 
 Mr. BIRCH. I submit whether the gentle- 
 man cannot withdraw his amendment, and see 
 whether it will be perfected as he desires it. 
 
 Mr. RAY. I am willing that it should be 
 perfected. 
 
 Mr. BOGY. I move to strike out the words 
 " school teachers and attorneys-at-law." That 
 leaves only the preachers. I wish them to be 
 excluded. 
 
 Mr. RAY. I make this suggestion to my 
 friend from Davis. I will offer this amend- 
 ment : insert after the word "ordinance " in the 
 first line, " except so far as the same is retro- 
 spective." I think this amendment will make 
 the section what its friends desire, and by com- 
 mon consent it can be made so to read. 
 
 Mr. MCFERRAN. I suggest to the gentle- 
 man from Carroll that if he will withdraw his 
 amendment and let me perfect the section, he 
 can then renew it. 
 
164 
 
 Mr. RAY. I will do so. 
 
 Mr. McFERRAN. I will offer this amend- 
 ment to the fifth section. Amend by striking 
 out section five and insert as follows : 
 
 SEC. 5. The courts of this State shall re- 
 quire all jurymen and attorneys to take 
 and subscribe the following oath : u I, 
 do solemnly swear, (or affirm, as the case 
 may be,) that I will support, protect and de- 
 fend the Constitution of the United States, 
 and the Constitution of the State of Mis- 
 souri, against all enemies and opposers, 
 whether domestic or foreign; that I will 
 bear true faith, loyalty, and allegiance to 
 the United States, and will not, directly or 
 indirectly, adhere to the enemies or oppo- 
 sers thereof, or of the Provisional Govern- 
 ment of the State of Missouri, by giving 
 them aid and comfort, any ordinance, law, 
 or resolution of any State Convention or 
 Legislature, or of any order or organiza- 
 tion, secret or otherwise, to the contrary 
 notwithstanding ; and that I do this with 
 a full and honest determination, pledge 
 and purpose to keep and perform the same, 
 without any mental reservation or eva- 
 sion whatever : So help me God." The same 
 oath shall also be taken and subscribed by 
 the President, Professors and Curators of the 
 University of the State of Missouri, by all 
 Bank officers, Common School teachers who 
 are paid in whole or in part out of funds 
 provided by law, and Common School trus- 
 tees, by all officers of all incorporated com- 
 panies of this State, and by all licensed or 
 ordained preachers of the Gospel before 
 performing the ceremony of marriage in 
 this State, and filed in any County Clerk's 
 office in this State ; and every licensed or 
 ordained preacher of the Gospel who shall 
 perform the ceremony of marriage in this 
 State before taking said oath, and every 
 other person aforesaid assuming to dis- 
 charge the duties pertaining to his said avo- 
 cation under the laws of this State, without 
 complying with the provisions of this sec- 
 tion, shall be liable to prosecution in any 
 court of competent jurisdiction in this State, 
 by indictment, and upon conviction shall 
 be punished for each offence by a fine not 
 less than ten nor more than two hundred 
 dollars. This section shall take effect ninety 
 days from the passage of this ordinance." 
 
 Mr. ORR. I offer the following : Amend 
 section five by striking out all that reiates to 
 ministers of the Gospel, school teachers, and 
 school trustees. 
 
 Mr. BRKCKINRIDGE. If I am not mistaken, 
 there are no duties appertaining to the avoca- 
 tion of a school teacher, under the laws of the 
 State. It would be well, perhaps, to add Com- 
 mon School teachers. 
 
 Mr. ORR. I beg the Convention to reflect 
 for a moment as to where we are drifting. I 
 have but little hope that anything I mav say 
 will stay the current ; but I desire, neverthe- 
 less, to be heard for a few moments. I have 
 been willing to restrict the candidates, and that 
 was as far as I desired to go. I was opposed 
 to placing any restrictions upon the voter, be- 
 cause I believed I was discharging a duty I 
 owed not to secessionists, for I stated the other 
 evening that we were under no obligations to 
 them whatever, but a duty I owe to the coun- 
 try in which I live. You propose now to make 
 ministers of the Gospel, and school teachers 
 take the oath. Well, what do you expect to 
 attain by it ? Do you expect that every school 
 teacher in Missouri will come up and take this 
 oath ? Do you expect every minister of the 
 Gospel that performs the functions of his call- 
 ing will come up and take this oath"? You 
 hear the gentleman from Daviess say that min- 
 isters of the Gospel have done more than any 
 other class to stir up this rebellion, and I agree 
 with him ; but, notwithstanding all the " stir- 
 ring up" they have done, we have squelched it 
 out in Missouri, and proved ourselves adequate 
 to the task of putting it down. Let us reflect for 
 an instant as to the revolutions in Europe, and 
 when weare disposed to enact extreme measures, 
 be warned by the assumption and abuse of pow- 
 er which Cromwell displayed when he crushed 
 all opposers, regardless of justice or humanity. 
 Of course we do not expect to abuse the power 
 entrusted to us ; but, unless we have a stop- 
 ping point, we shall find some day, when it is 
 too late, that we have been guilty of the most 
 grievous mismanagement. 
 
 Mr. HITCHCOCK. Mr. President, I desire 
 
 Mr. ORR. You can " pitch in" after I get 
 through. I have a few words to say in refer- 
 ence to this subject, and then you can vote as 
 you please. What do we see in the Congress 
 of the United States to-day ? We see individ- 
 uals endeavoring to pass laws to inflict punish- 
 ment on rebels without calling upon a jury of 
 the country to say whether an individual i 
 
165 
 
 guilty or pot. Have we drifted into the same ington. He put down that rebellion, and no- 
 channel ? Are we not endeavoring to inflict body was ever proscribed for going into it. 
 punishment, and do the same thing? What There was a rebellion in Tennessee, and af- 
 do YOU see ? Ex-Governor Brown of Tennes- ter it was quelled the leaders of it went to Con- 
 see, a man who was driven into the rebellion gress. What do you see in the Calhoun rebel- 
 one of the greatest men in Tennessee stands lion, and in the Hartford Convention arrange- 
 up now and tells the people that the rebellion ment? Why, the individuals tliat planned 
 
 has gone down, and is a direct failure. HH 
 fought against secession as long as it was pos- 
 sible for him to do so ; and he finally told them 
 they could take him into the Southern Confed- 
 eracy, but they could never make him vote for 
 
 treason and acted treason were afterwards ele- 
 vated to posts of high responsibility. Calhoun 
 went to Congress, and was a member there 
 with Jackson, who crushed his rebellion, and 
 nobody dared to say he was not a citizen of the 
 it, or fight for it; and now he comes out and j United States. Sir, it is a crime to disfran- 
 acknowledges it a failure, and that all they can chise men without a trial. These men who 
 do is to bring certain destruction upon the | have engaged in this rebellion are still citizens 
 South. Yet, we see here to-day, members of ! of the United States. South Carolina has an 
 this Convention whose loyalty I never have ! interest in the Union, and so has every State 
 doubted, standing up ready to enact the most that has gone out; and, because they have 
 extreme measures, although they were afraid gone with a crime, dark and damning, it is no 
 to vote with me that the Georgia Commis- reason why they are not citizens of the United 
 sioner should not be allowed to come in and States. 
 
 discuss his treasonable sentiments at the first 
 
 Now, what are we here for? Are we not a 
 
 session of this Convention. Now, they are Union party and Convention ? and are we not 
 willing, when the Government has proved ad- j here for the purpose of restoring to its former 
 equate to sustain itself, to pass the most ex- ; prosperity the Union of these States ? How ? 
 treme measures in reference to disloyal men. j By crushing every man who is opposed to it? 
 Mr. President, we are a great nation, and we ! No, sir. If you want a Union, you must let 
 can afford to be magnanimous ; and I ask this ! these men be your equals. You must not sink 
 Convention to manifest its loyalty, not by them into a state of degradation, if you want 
 showing how far they can go in the enactment such a Union as I want. But we have heard 
 of extreme measures, but to show these rebel- j men here say that they did not want it in that 
 lious men that, although we have the power to way ; we have heard men say that if we do not 
 
 punish them, we can afford to be magnani- 
 
 mous. 
 
 I stood up here, when traitor? were in crowds 
 
 do just so, Lincoln will send a Federal army 
 here, and break up this Provisional Govern- 
 ment. I hope we shall hear such threats as 
 
 around me, and when my person was in dan- these no more. I did not vote for Lincoln, 
 ger, and advocated loyalty to the Government; but I am for him to day, because he is for his 
 an<l if everybody else had taken that kind of a country. Jackson and Clay were not friendly, 
 stand, to-day things would have been different. ' politically ; but when Jackson attempted to put 
 But some of the best Union men in this Con- ; down the rebellion brought on by Calhoun, 
 vention were in favor of acknowledging the in- ' Henry Clay and Webster were with Jackson, 
 dependence of the Southern Confederacy, and and gave him their united support until the re- 
 advocated it in public speeches at that time, bellion was put down; and so weought to give 
 and they were as good Pnion men as I am. ! Lincoln our support until he has put down this 
 But these very same individuals are now in fa- j rebellion. I have no fears that he will attempt 
 vor of these restrictive measures. Mr. Presi- to subvert this Government. Now, if these 
 dent, I have seen a growing disposition to rad- men are guilty of anything, I say punish them, 
 icalism ever since this rebellion commenced. : If you have not got laws with punishment 
 I do not doubt the loyalty of this body of men, strong enough, I will help you to make them ; 
 nor do I throw reflections upon its action. But but do not disfranchise and degrade them. 
 
 I a?k you here to day to reflect upon what is 
 here proposed. I have taken a position I be- 
 lieve to be rijjht, and I expect to stand by it. 
 Why, sir, we have had rebellions in this Gov- 
 ernment before to-day. There was the whisky 
 rebellion under the admiaistration of Wash- 
 
 Now, Mr. President, I am willing to take 
 any oath that is reasonable. I suppose it is 
 well enough to require all civil officers to take 
 i f , because we can enforce the laws only when 
 the officers of the court are loyal and i egard an 
 oath. But here is my old friend whom w 
 
have appointed Chaplain. Suppose he goes 
 forth and promulgates rebellion. His head is 
 silvered over with the frosts of many winters ; 
 and do you believe any oa'h we could prescribe 
 would make him a better man ? Why, it would 
 be useless to make a man take this oath who 
 would thus disregard his calling. I understand 
 that it has been the policy of the Government 
 of the United States to allow every individual 
 to enjoy their own religious opinions;, and I 
 am unwilling to do the first solitary act that 
 will interfere with the right of conscience in 
 religious matters. If a darkey comes here from 
 St. Louis to preach to the negroes, I am un- 
 willing to debar him from the privilege. He is 
 a preacher of the Gospel and has the right to 
 preach, as I understand it. 
 
 Mr. McFERRAN. I ask whether the darkey 
 would discharge any duties under the laws of 
 this State? The section provides that they 
 shall not exercise their civil functions unless 
 they take this oath. 
 
 Mr. ORR. I ask of the gentleman if the laws 
 of God apply to this State ? [Laughter.] 
 
 Mr. MCFERRAN. The laws of God are not 
 the laws of the State. 
 
 Mr. ORR. I think I have said enough-. I 
 ask you whether we can expect to put down 
 this rebellion by any such extreme measure as 
 this? 
 
 Mr. HITCHCOCK. I desire to call the atten- 
 tion of ray friend to two things in this ordi- 
 nance, very briefly, which I think he misunder- 
 stood. All that part of bis remarks which 
 relates to acts in the past were wholly inappli- 
 cable to this ordinance. This ordinance does 
 not punish any man whatever; it makes no 
 distinction between men. It does not prescribe 
 anything for the most active aider aud abettor 
 of treason in Missouri, which it does not pre- 
 scribe to me and every other loyal practitioner 
 in this State. It does nothing in the world 
 except this : It says to all men who propose to 
 live under the laws of this State to all men 
 whose avocations are prescribed, recognized, 
 and authorized by the civil law it says to 
 them, " this civil law will not protect you in 
 your avocations unless you are willing to say 
 that you will ever bear allegiance to this Gov- 
 eminent hereafter." It makes no inquiry at 
 all as to the past. At the last session of the 
 United States Court in St. Louis, the distin- 
 guished judges of that Court considered them- 
 selves fully authorized and required to have 
 every officer, beginning with themselves, take 
 and subscribe to an oath, which is nearly 
 
 verbatim, I think, with the one in this section 5 
 and in doing so, they thought proper to state 
 elaborately why they did so. They recollected 
 the fact that the Constitution of the United 
 States prescribed an oath requiring all civil 
 officers in each State to support the Constitution, 
 of the United States j and their very first act 
 was to prescribe an oath, substantially the 
 same as the one in this ordinance, for them- 
 selves ; and this action was taken on the ground 
 that notwithstanding the Constitution of the 
 United States prescribed an oath for all civil 
 officers, yet its true meaning, in consequence of 
 the familiarity of the public mind with it, had,, 
 to a certain extent been lost sight of, and in 
 these times it was proper to prescribe an oath 
 with a due regard to the public law, which 
 would require of a man in the enjoyment of the 
 protection of this Government, to declare 
 before God his willingness to bear true alle- 
 giance to that Government^ 
 
 Now, it seems to me this is the trite state of 
 the case: There is ot a particle of retrospec- 
 tive action nor distinction, and nothing in the 
 nature of a discrimination, between any class 
 of men. Why, then, it may be asked, is not 
 every man in the community required to take 
 this oath ? I think a moment's consideration- 
 will suggest the reason. It has already been 
 said that, in the administration of justice, it is- 
 manifestly necessary that those entrusted with 
 that duty should be loyal citizens to the Gov- 
 ernment. This is a matter which. I need not 
 remark on that unless grand jurors are loyal 
 they will not induct prisoners; that unless petit 
 jurors are loyal tbcy will not convict ; that 
 unless lawyers are loyal we cannot expect them 
 to administer law in the spirit of allegiance. 
 Now, I will state simply this proposition, and 
 I appeal to the candid sense of every man here. 
 Other gentlemen have said, whose means of 
 information are wider than mine, and my friend 
 agreed in that statement, that,, as a class, it is a 
 melancholy fact that many, very many of those 
 who claim to be ambassadors of God, have 
 withdrawn their attention from those duties- 
 which require them to preach "peace on earth 
 and good vtill to men,' 5 and have so far for- 
 gotten that injunction as to encourage the 
 unhappy differences of the times. Is it unwise,, 
 therefore, when we remember the wide and 
 powerful influence which these men exert in 
 their calling is it unfair, unjust, or unwise,, 
 that, in so far and no farther as they are 
 authorized to perform the civil functions of this- 
 State, we should ask of them a recognition o 
 
167 
 
 their duty to the law ? I think not, Mr. Pres- 
 ident. Surely the gentleman was not in earnest 
 whpn he said this or that man would be pre- 
 vented from preaching, unless he would take 
 the oath. It has been expressly pointed out 
 that, in reference to ministers of the Gospel, 
 this section disqualifies them only in their 
 avocations, under the laws of this State ; and I 
 take it that every man who knows anything 
 about the matter, knows that, as far as preach- 
 ing the Gospel is concerned, the laws do not 
 recognize that function, except so far as the 
 right to perform matrimony is concerned. 
 Now, if they desire to continue in the perform- 
 ance of this duty, we ask of them, as we ask 
 of lawyers and school teachers, that they shall 
 not set up their claim for protection unless 
 they are willing hereafter to render allegiance. 
 In regard to school teachers, we ask that the 
 same principle apply to them. The laws of the 
 State recognize their civil functions, and all we 
 ask in return is that they shall acknowledge 
 their allegiance. We ask that they, into whose 
 hands we commit the education of the young, 
 and the duty of moulding the youthful mind 
 a work as silent as the dews of heaven, and 
 no less fruitful we ask and there is a mani- 
 fest propriety in the request that they shall 
 first of all acknowledge true allegiance to their 
 Government. I desired especially to correct 
 the misunderstanding of my friend, and to show 
 that there is no retrospective action and no 
 punishment here proposed. 
 
 The Convention then adjourned until 2 
 o'clock. 
 
 AFTERNOON SESSION. 
 
 Met at 2 p. M. 
 
 Mr. ALLEN. There has been a good deal 
 said, sir, with reference to this amendment, 
 and I propose to make a remark or two in 
 reference to it, and give you the reasons at least 
 why I shall support the amendment offered by 
 the gentleman from Greene. I cannot see what 
 good is to be accomplished by requiring an oath 
 of this kind from ministers of the Gospel. If 
 ever there was a time in the history of this 
 rebellion when preachers and school teachers 
 should be required to take an oath, that time 
 has passed. Gentlemen say that no loyal man 
 will object to it. This thing of swearing men 
 ought to have some bounds to it. Men have 
 been sworn all over the country j and I believe 
 all the preachers in the State who have been 
 
 suspected have been already arrested and re- 
 quired to take the oath, and it is hardly neces- 
 sary to repeat the operation. If there is any 
 good reason for requiring ministers to take that 
 oath before solemnizing the rites of matrimony, 
 is there not as much reason, or more, for 
 requiring the parties about to commit matri- 
 mony to take it also? One reason, of some 
 weight to those concerned, why it should not be 
 required of them is, that it will cost each of 
 them not less than one dollar to take the oath 
 and have it recorded ; and they are the last class 
 of people that can afford it. I think humanity, 
 and the dignity and respectability of this body, 
 require that we adopt the amendment. 
 
 Mr. STEWART. I differ entirely with the 
 views entertained by thu gentlemen from Greene 
 and Harrison. I believe if there is any one 
 class of men in this State who have done more 
 mischief, and who have had a greater part in 
 getting up and carrying on the rebellion, than 
 another, it is the preachers themselves. I 
 consider it no disrespect for the preachers of 
 the Gospel to take the oath as well as myself. 
 I believe the most of them are the biggest band 
 of traitors of any in the State. They have 
 been more dangerous, too, for the reason that 
 their influence is more extensive in the church, 
 with the ladies, with the children, and at camp 
 meetings. Though I believe in God, if I know 
 myself, I don't believe in political preaching. 
 I think the Gospel requires a minister to preach 
 Christ, and him crucified to attend to his 
 business arid let other people's alone. As to 
 the remark of the gentleman, in reply to Mr. 
 McFerran, as to whether the laws of God had 
 anything to do with the people of Missouri, I 
 should have replied that I thought they had 
 before the rebellion came up, but the devil has 
 had everything to do with it since. [Laughter.] 
 My experience has been that these preachers, 
 especially the Methodist preachers, some of 
 whom have been editors of newspapers, and 
 preached not only from the pulpits but from 
 the press, have been more mischievous in 
 scattering the seeds of secession than any other 
 class of men. I don't believe there is any 
 argument in the appeal made by the gentleman 
 from Greene to the gray hairs of our Chaplain. 
 There are a number of preachers on this floor 
 who, unless this act should cut them off for acts 
 under which they are and ought to be silent, 
 might again open their mouths as heretofore. 
 Some of them are under bonds which ought to 
 forever keep them from again entering the 
 pulpit ; and some have had their churches 
 
168 
 
 closed against them. A good preacher is a 
 good institution, but a bad one is one of the 
 meanest things in the world, because he has the 
 power to do mischief just as I told you on one 
 occasion about the devil ; he was a bad man, 
 but an intelligent man; but he could not fool 
 Christ. He took him up on a hill and showed 
 him all Europe, Asia, and I believe Africa : 
 and I should'nt wonder if he brought him over 
 into Missouri and showed him a "quarter sec- 
 tion" here. [Laughter, followed by the fall 
 of the gavel, arid a call to order. ] 
 
 Mr. President, I am confining myself to a 
 comparison between good and bad preachers, 
 to show that they are not too good to take an 
 oath. Now, Christ was the first preacher, and 
 inculcated some sentiments of morality; but 
 the devil was of another stripe he took Christ 
 up into a mountain and showed him all the 
 earth, and told him if he would fall down and 
 worship him he would give him half. Now, 
 Christ, besides being a good preacher, hap- 
 pened to be a better lawyer than the devil, and 
 told him that, though he would like it very 
 well, he wanted a better title io it than he could 
 give [laughter] ; and said he : "It is my opin- 
 ion that you don't own a foot of it; and you 
 must get out of this. [Increased laughter, and 
 another call to order.] 
 
 When preachers attempt to be bad men, and 
 are such naturally, they slip in under sheep's 
 clothing, and are the most dangerous people in 
 the world. As they have an immense influence 
 in every community, I think they should be 
 required to come forward, like other influential 
 men, and take the same oath not to preach 
 treason. 
 
 Now, Mr. President, if I am out of order, 
 just let me know, and I will get up a new plat- 
 form and start afresh, for I am not of that class 
 of men who stand on two platforms at the same 
 time. I hope there is no disposition on the 
 part of any member here to favor any class of 
 men in order to get their influence and their 
 votes. I know preachers who have great in- 
 fluence with the ladies, and who used to join 
 with them in sticking out little secesh flags 
 from windows whenever companies of traitors 
 came home ; or they would be the first to pre- 
 sent a buoquet, or something of the kind. I 
 don't think it will hurt any preacher to take 
 the oath. There are some men out of whom 
 you can't get secession except by putting a rope 
 around their necks and choking it out of them. 
 And this would have another good result; it 
 would prove that hemp is some king as well as 
 
 cotton. Being out of order, I think you will 
 thank me for the attention I have given you 
 and myself on this occasion ; and I will reserve 
 further remarks for another time. [Laughter 
 and applause.] 
 
 Mr BIRCH. I desire to offer this proviso, 
 which I will read for information. "Provided, 
 that those persons who have heretofore t;iken 
 the oath prescribed by General Hallock, at the 
 instance of the Goveinor of Mis-ouri, shall be 
 exempt from the operation of this section." I 
 shall vote against the motion to strike out, 
 because I believe if there be any necessity for 
 an oath at all, it should be applied to preachers. 
 I may as well say I shall vote against the whole 
 bill as being wholly impracticable. I shall 
 limit myself, however, at this time, to a mere 
 defence of that much erring, yet moj-t grossly 
 and vulgarly abused class of men called preach- 
 ers. I have not had occasion to u>e the word 
 " vulgar" since I was a man, but when I hear 
 jut such remaiks made as have been made in 
 relation to pieachers, I do not care to mince 
 words. Sir, I happen to know the preacher 
 who has been referred to. He is a man who, 
 if he had cho>en the forum of debate, or if he 
 had chosen to wear the sword on the hip, or 
 the practice of medicine, the law, or anything 
 elj-e, would have stood foremost in his profes- 
 sion. But he has chosen instead, and in 
 accordance with his convictions, the meek and 
 lowly calling of Jesus Christ. He is a member 
 of the Methodist Church South ; and I presume 
 it is him to whom the allusion has been made 
 by the gentleman, that he knew a preacher who 
 had preached secession and whose church had 
 shut on him. Now, I happen to know him 
 very intimately and I will tell his name, if I 
 think proper, before I conclude and I am 
 happy to say it stands as good as any other 
 man's in the S'ate or anywhere, whether 
 preacher or Piesident I know that gentleman 
 intimately, and I know he was a stationed 
 preat her at St. Joseph, until the closing up of 
 his church by the military authorities and his 
 expuUion to Chillicothe, where he is now, 
 plowing with his own hands. 
 
 Mr. President, he never preached, before the 
 rebellion, and has not yet pie;vched and I 
 make myself responsible for the assertion 
 secession in his pulpit. 1 will not say a word 
 in relation to the specifications against him, 
 for I never hud my attention called to them; 
 but this gentleman told me that it was utterly 
 untrue that he had ever uttered a word of 
 secession politics in his pulpit, and I make 
 
169 
 
 myself responsible in declaring thathe told the 
 truth. He is not the man to speak an untruth, 
 or involve his friends in endorsing 1 him. I 
 therefore distinctly assert, in the plainest lan- 
 guage, that, so far as the charge of preaching 
 seces-ion politics was meant to apply to this 
 gentleman, it was wholly untrue. 
 Mr. STEWART. I wish to ask one ques- 
 tion. 
 
 Mr. BIRCH. I will so far assume that it is a 
 respectful one as to yield to the gentleman. 
 
 Mr. STEWART. I mentioned no names at 
 all. I know a certain church was closed; and 
 as regards any personal responsibility, I have 
 got as much of that sort of thing as any other 
 man. 
 
 Mr. BIRCH. He called no names, but he 
 said a gentleman's church was shut up, and 
 there is only one Methodist church South in 
 St. Joseph ; and I say that it is untrue that the 
 pastor of that church ever preached secession 
 politics from his pulpit, but, on the contrary, 
 most sedulously avoided it. I must do justice 
 to that gentleman, as well as myself. He is 
 one of those unfortunate men, who in his heart 
 of hearts believes such has been his mis- 
 teaching that a State has the constitutional 
 right to secede, and hence, in these troubles 
 wit h the South, his feelings have been that they 
 might win their independence. I have had 
 many controversies, almost quarrels with him 
 on 'his subject ; and, I will not blink it here, he 
 is married to my daughter, and seven of their 
 children are mv grand children. He is, as I 
 have s id, one of those unfortunate and mis- 
 guided men who believe that a Siate has the 
 right to secede, and hence he has hoped that the 
 South might win their independence ; but he is 
 opposed to the secession of Missouri. In all 
 his correspondence he has opposed the seces- 
 sion of this State, and especially since this 
 Convention ordained the State of Missouri to 
 be in the Union ; yet, for some cause, the mil- 
 itary authorities of St. Joseph did close that 
 gentV-tnan's church. I tell you what he told 
 me, and I know it is the truth. He was sent 
 for by the respectable military commander of 
 that place, and made his appearance there, and 
 inquired why he had been ordered to appear. 
 A gentleman replied that he understood he had 
 not taken the oath prescribed by General Hal- 
 leek. 
 
 Mr. ORR. I rise to a point of order. I do 
 not recollect that my amendment has anything 
 to do with the character of any particular 
 preacher. 
 
 Mr. BIRCH. I am sure I will say nothing 
 objectionable to the most fastidious, unless 
 he chooses to shut out the truth. But I come 
 to the point. He was notified that General 
 Loan had understood he had not taken the oath 
 prescribed by General Hallnck. "You are 
 entirely mistaken, gentlemen," he replied, and 
 he at once produced the oath. He was dis- 
 charged; but a short time afterwards he was 
 sent for again, but I cannot remember what 
 transpired well enough to repeat it. Suffice to 
 say, he was foi bidden to preach in his pulpit, 
 and his church was closed, as stated by the 
 gentleman ; and by and by he took counsel with 
 me, and I told him if they would not permit 
 him to preach and pray in St. Joseph, it would 
 be better for him to go and preach and pray 
 somewhere else, or come to rny house. He 
 had a farm in Chillicothe, and he determined 
 to move upon that. I j;ave him a yoke of 
 cattle and a plow, and other faimirg imple- 
 ments ; but he had not been there but a short 
 time before a military order came foi bidding 
 him to preach and pray there ; and I have heard 
 that they have again required him to take 
 another oath ; and yet he ia loyally opposed to 
 the secession of Missouri, but he cannot rid 
 himself of prejudices resulting from his educa- 
 tion. That is all there is of it. I now come 
 back to the lemarks of the gentleman, and his 
 attack upon the Southern Methodist Church. 
 He is of course acquainted wi'h the first 
 dawning of the troubles in that church, when 
 Bit-hop Andrew was expelled at Baltimore, 
 purely because he had married a woman who 
 o-.vned slaves. 
 
 Mr. SMITH of St. Louis. I have the greatest 
 respect for my friend, as every one must see 
 from the way I follow him in his perambu- 
 lations about the House [laughter]; but I ask 
 the Chnir it' it is at all pertinent to this Con- 
 vention that he should recite the history of hi 
 son-in-law ? 
 
 Mr. BIPCH. I have not one word more to 
 say about him. I am now speaking of the 
 expul;-ion of Bishop Andrew 
 
 Mr. SMITH of St. Louis. I cannot see what 
 (he Methodist Church has to do with this 
 question. This proposition is not to exclude 
 Methodist preachers any more than any others j 
 and the organization of the Methodist Church, 
 North or South, has nothing to do with the 
 question. 
 
 Mr. BIRCH. I wish to satisfy the Conven- 
 tion they ought not to require a different sort 
 of oath from that required by General Halleck ; 
 
170 
 
 and I am going to show that these Northern 
 preachers inaugurated this thing. 
 
 Mr. President, what are the facts? I see 
 there an aged gentleman, whose society I have 
 enjoyed for many years. If I should abuse the 
 courtesy of my station here by denouncing him 
 and invading the sanctity of his hearth-stone, by 
 speaking of it as impure, and all that, that 
 aged man would strike me to the earth, or do 
 his utmost to do it. He is technically the 
 aggressor, and before a court would be fined for 
 assault and battery ; but, morally, the man who 
 steps forward and denounces him is the really 
 guilty party. Hence, sir, in that connection, 
 these Northern preachers are the ones who have 
 fired up these men at the South, and induced 
 them to engage in rebellion. 
 
 Since 1796, commencing with Osgood, Parish, 
 and others belonging to the fanatical school of 
 preachers in the North, the fulminations of the 
 Northern pulpit have been directed against the 
 institution of slavery. Northern preachers 
 have denounced all association with slave-hold- 
 ing men ; and, in the very words of the historian 
 of that period, Mathew Carey, "their preaching 
 has tended to incite southern slaves to rise and 
 massacre their masters." 
 
 Mr. McFERRAN. I rise to a point of order, 
 and I would like to have it decided, as there 
 has been several points of order in relation to 
 this discussion. Now, I see nothing in the 
 amendment proposed, or in the original section 
 as it stands, that would authorize the dragging 
 in of the slavery question or the division of 
 the Methodist Church. I do think, sir, that to 
 give so much latitude to debate there will be 
 no end to our discussions. I see no injustice 
 that will be done to the gentleman who has 
 been so eloquently addressing the House, in 
 simply putting a stop to this latitude of debate. 
 I desire to know, in this connection, also, 
 whether this pestiferous slavery question is to 
 drive out all other questions. 
 
 Mr. BIBCH. I ask the gentleman to call to 
 order the men who provoked these replies. 
 
 Mr. McFERKAN. I did not understand the 
 gentleman from Buchanan (Mr. Stewart) as 
 making any allusion to the slavery question. 
 While the gentleman confined himself to a 
 defence of the man whose church was closed, 
 I made no objection. 
 
 The VICE PRESIDENT. I will state to the 
 gentleman that the amendment he has offered 
 provides for applying an oath to all ministers 
 of the Gospel. The gentleman from Greene 
 moves to strike out that portion ; and the ques- 
 
 tion, I presume, would be on the impropriety 
 or propriety of ministers taking that oath. The 
 Chair does not like to prescribe how far a man 
 can go in the discussion of a question, and I 
 can only put th^ question to a vote. 
 
 Mr. BIRCH. I will cut it short, Mr. Presi- 
 dent, by no longer dwelling upon it. I have 
 sufficiently noted the primary course of all. 
 these troubles ; and I believe to-day that if (he 
 calumnious and incendiary voices of political 
 preachers and fanatics could be stopped, 
 everything would soon again come right of 
 itself. I have but repeated these views, how- 
 ever, as a reason why I have always been dis- 
 posed, as the records of this Convention will 
 show, to deal as forbearantly and as gently as 
 possible with those (whether in or out of the 
 church) who have been exasperated or misled 
 beyond the boundary of strict loyalty, and who 
 are now disposed, in good faith, to co-oper;ite 
 with the rest of us in the restoration of the 
 Constitution and the laws. 
 
 Mr. SOL. SMITH. Mr. President: I propose 
 to say something on the subject of this propo- 
 sition to exclude preachers from the operations 
 of this ordinance, but I will intrude myself 
 upon the attention of the Convention but for a 
 very few moments. 
 
 I begin by saying that no man holds the 
 clerical profession in greater respect than I do. 
 I have the pleasure of a personal acquaintance 
 with many good men who are preachers ; but 
 there are exceptions to all rules, and I am sorry 
 to say that I have known some members of 
 this honorable and honored profession who 
 were not exactly what they ought to be who, 
 in fact, " Stole the livery of Heaven to serve 
 the devil in." 
 
 I consider this attempt to exclude preachers 
 from the privilege of taking the oath as an 
 attack upon the reverend fraternity, and I have 
 been waiting for some member of that frater- 
 nity, (for I am told there are several on this 
 floor I see one just waking from a snooze 
 upon the sofa yonder the gentleman from 
 Andrew, Mr. Hudgens, one of the watchmen 
 upon the towers of Zion ; I fear he has been 
 sleeping on his post.) [Laughter.] I say I 
 have been waiting for some of them to take up 
 the cudgels in their defence. None offering to 
 do so, it may not be improper for one wbo was 
 for thirty years a member of a kindred profes- 
 sion (the stage), to take the part of the black- 
 coated gentlemen on whom such a slight is at- 
 tempted to be thrown by my friend from Greene 
 (Mr. Orr.) Strike out the clergymen ! It 
 
171 
 
 must not be it shall not be, if I can prevent 
 it. Let them take the oath. Let there be no 
 discrimination. It will do them good. It is 
 said our worthy Chaplain was the first man in 
 his county to go forward and take the oath 
 not because he was required to do it, but be- 
 cause he thought it would do him good, besides 
 setting a good example. I am told, at one 
 time the President, General Scott, and the 
 Cabinet at Washington, were in the habit of 
 taking the oath every day about 11 o'clock 
 [laughter,] and it, no doubt, did them good. 1 
 took it in St. Louis, (as a director in a Savings 
 Institution,) and I am quite sure I am not any 
 the worse for it. Nearly all our preachers in 
 St. Louis took it frequently, if not oftener. 
 
 Our old Chaplain (Mr. Monroe) didn't take 
 the oath. In fact, finding he could not con- 
 scientiously pray for this Convention any more, 
 after we performed the decapitating process 
 upon the late Governor and the Legislature, 
 he went over to Dixie to pray for Price and 
 his army. Let other preachers who cannot 
 take the oath follow his example. 
 
 Let them all take the oath, or quit preaching 
 or marrying people. I do not wish a man to 
 bless the union of a son of mine and some 
 one's fair daughter, and then go off and preach 
 disunion. I do not want a man to administer 
 the sacrament of the Lord's Supper, commem- 
 morating the death of our blessed Saviour, who 
 came to preach peace and good will to all here, 
 and then go forth preaching and practising 
 rebellion, slaughter, and the destruction of 
 our Government. Let them take the oath, like 
 other people, say I. 
 
 I know and acknowledge that there are peo- 
 ple, in both sections of our country, who seem 
 to have forgotten their sacred calling and taken 
 entirely to political preaching. Such wolves 
 in sheep's clothing I do not defend. The gen- 
 tleman from Clay (Mr. Moss), spoke of a 
 Dark Cloud which he saw rising in the North. 
 I have seen that same cloud. It is composed 
 of the pestiferous breath arising from three 
 thousand preachers, who undertook to take 
 charge of public affairs on the passage of the 
 Kansas and Nebraska bill. The Kansas business 
 being at last settled, the black cloud now hovers 
 over the National Capitol at Washington, and 
 is kept in full size by the no less pestilent 
 breath (and gas) of radical abolitionists in the 
 House and Senate Chamber, Sumner, Lovejoy, 
 and their like, added to by the breath and gas 
 of outsiders, such as Wendell Phillips, Garri- 
 son, the ghost of John Brown (" marching 
 
 along,") and the Devil ! I ought, perhaps, to 
 have named the latter gentleman first. [Laugh- 
 ter.] If these radical abolitionists di<i not 
 bring on the war, as charged here, they are 
 undoubtedly prolonging it, for they are deter- 
 mined to prevent a peace which shall bring 
 back to us the Union as it was. It is not 
 strange that a counter-cloud arose from the 
 preachers at the South. When cloud meets 
 cloud, "then comes the tug of war." 
 
 " Can such things be, 
 And overcome us like a summer's cloud, 
 Without especial thunder!" 
 
 No. There was thunder. The first clap 
 was heard at Fort Sumpter, and we have heard 
 loud thunder ever since all round the horizon. 
 The last thunderstorm was at Memphis. The 
 next will probably be at Richmond, and I call 
 upon the loyal preachers to pray that that may 
 be the " clearing up storm " We have had the 
 cloud over Missouri, but thanks be to the good 
 Lord and General Halleck, backed by the stal- 
 wart arms of our brave army, the wealher has 
 about cleared up, and we see nothing here now 
 but a blue sky. 
 
 I say once more, let the preachers have the 
 privilege of taking the oath, and let there be 
 no more treason preached in Missouri. I con- 
 clude these disjointed remarks by saying, and 
 insisting, that a preacher is as good as a law- 
 yer, a merchant, a doctor, a farmer, or " any 
 other man " if he behaves himself. But, to 
 make all sure, let him take the oath. I stand 
 up for the preachers and vote against the pro- 
 position to strike them out. 
 
 The question being on the adoption of the 
 amendment of the gentleman from Greene, it 
 was lost ayes 33, noes 33. 
 
 On the question of the adoption of the sub- 
 stitute offered by Mr. McFerran, it was adopt- 
 edayes 36, noes 33. 
 
 The remaining sections of the ordinance 
 having been also agreed to, 
 
 Mr. COMINGO offered a substitute for the 
 whole ordinance, which was not agreed to. 
 
 Thereupon the ordinance was placed on its 
 final passage and passed ayes 42, noes 27. 
 
 Mr. HENDRICKS, in explanation of his vote, 
 desired that the ordinance should cease to be 
 in force after 1864. 
 
 Mr. MCFERRAN moved to re-contider and 
 to lay that motion on the table. Agreed to. 
 
 POSTPONING ELECTIONS. 
 
 Mr. MCFERRAN moved to take up the ordi- 
 nance reported by the Committee on Elections 
 
172 
 
 to continue the present Provisional Governmen 
 in office. 
 
 The motion was agreed to. 
 Mr. MCFERRAN. I would like to get tin 
 attention of the House while I briefly discus 
 the proposition now before it. I regard thi 
 proposition as of great importance. The Pro 
 visional Government which has been estab 
 lished by this Convention, is the creature ol 
 the Convention, and the Convention stands 
 before the State and the whole country as re- 
 sponsible for it. This being so, I desire for a 
 short time to try and convince the Convention 
 that it is their duty, and within their province 
 to continue this Government which they have 
 established until the next general election for 
 State officers. I desire to state here, sir, that 
 the objection to postponing the other elections 
 does not apply to this. The charge that has 
 been made that the Convention was about to 
 postpone all elections, and by doing so dis 
 franchise the loyal men of the SUte, has no 
 application whatever to this ordinance. Under 
 the constitution and laws of this S ate, the 
 Govern. -r, Lieutenant-Governor, and Secretary 
 of State, are elected every four years, and the 
 ordinance now under consideration simply 
 proposes to keep them in office until the expi- 
 ration of the term, which ends in 1864. To 
 ord^r an election for these officers is in conflict 
 with the operation of an ordinance passed by 
 this Convention at its last session, applying a 
 test to civil officers. Under the operation of 
 that ordinance, several of our State officers 
 went out of office and others were appointed 
 in their places for the residue of the term. 
 Hence, ut.der the operation of this ordinance 
 passed by the Convention, the greater portion 
 of the State officers are in office for the residue 
 of the term, until 1864. Now, sir, the people 
 do not expect, and there is no law of the State 
 that authorizes the people to elect these offi 
 cers, Governor, Lieut.-Governor, and Secre 
 tary of State, at the next election. The peo- 
 ple are not entitled to vote for the-e officers 
 until July, 1864, so that there is nothing in 
 this argument of disfranchising the loyal voters 
 of the State by postponing the election, as far 
 as it has reference to these officers, until 1864. 
 Another reason for continuing the officers in 
 power during the residue of the term is this. 
 They have been in the control of the Provi- 
 sional Government from its organization to the 
 present time, and they are familiar with all its 
 details and with all its operations. Military 
 forces have been organized and officers have 
 
 been appointed to command them by this Pro- 
 visional Government, and this Provisional 
 Government is familiar with all the details and 
 with the control of that military force ; and, 
 in addition to that, they are familiar with the 
 constitution of the State j and a year's expe- 
 rience amid the turbulent scenes that have been 
 enacted in that period, no doubt has qualified 
 them for the better discharge of their duties 
 than could strangers expect to be. Then, sir, 
 considering the present officers of the Provi- 
 sional Government are familiar with the pres- 
 ent condition of the State, that they are fami- 
 liar with its civil position and its civil author- 
 ity ; considering the fact, sir, that it has the 
 confidence of the people of the State ; consider- 
 ing our situation as a State and what the effect 
 would be in the event of a general election all 
 through the State, and the exciting scenes that 
 might transpire, I hope the Convention, as 
 they have assumed the responsibility of inau- 
 gurating this Government, will continue it in 
 power during the residue of the term. This 
 question, gentlemen, has been argued ably be. 
 fore the Convention at the present session. 
 I recollect the speech of the Hon. Mr. Hall, 
 now absent, and the members of the Conven- 
 'ion doubtless recollect the points he made in 
 discussing this matter. But, sir, for fear there 
 may be some who are tender-footed, as it were, 
 in relation to postponing the elections, I desire 
 to state here, that I am utterly opposed to the 
 postponement of any general election to be 
 lold in August next. I desire that all officers, 
 ;xept those enumerated in this ordinance, 
 should be elected by the people. There will 
 )e a moral force in an election by the people 
 of this State, the effect of which cannot be 
 attained in any other way, or by any other 
 means. The law requires such an election 
 his fall, and to prevent it will, perhaps, cause 
 excitement. 
 
 Again, sir, it is returning to the old order of 
 hings and gettirg back to the path which we 
 lave all been accustomed to walk in in days 
 if prosperity and peace. Again, sir, an elec- 
 ion for members of the Legislature and Con- 
 gress is local in its character, and no excite- 
 nent will be likely to arise. In this respect 
 t will be essentially different from an election 
 or State officers. Then, sir, as I have said, I 
 m in favor of electing all officers not enumer- 
 ted in this ordinance, and I am just as much 
 n favor of retaining the present Provisional 
 Jovernment. There is no reason why this 
 jovernment should not be continued. As 
 
173 
 
 chairman of the committee that reported this the peiiod for which Jackson was elected has 
 ordinance, I deemed it my duty to present its not expired, and that, under the Constitution, 
 meriis to the Convention, and having done the the time has not arrived for an election. Sir, 
 best I could in this respect, I now submit it it is singular the Convention did not think of 
 for the action of the Convention. j this before, when they were proposing to get 
 
 Mr. Moss. I will now offer an amendment back to the people and to the old order of things, 
 to dispense with all elections and authoiize I say, it is strange that this constitutional ob- 
 the Government to make the necessary ap- jection did not present itself at that period. It 
 pointments. I have already discussed the nas been l^ft to the Committee on Elections to 
 merits of this proposition, and I presume mem- discover that, there was no necessity tor hav- 
 bers of the Convention thoroughly understand ' in g an election for State officers, but, that there 
 it. Every gentleman will see that the object Was a necessity for having an election for a 
 of this amendment is to put off all elections, ! Legislature. 
 
 except membeisof Congress. The argument | Now, Mr. President, either the people are 
 of the gentleman from Daviess in favor of keep- ! in a condition to have an election, or they are 
 ing the Governor, Lieut.-Governor, and Secre- n t * n such a condition. If they are in a con- 
 tary of State in office, deserves a passing no- | dition to hold an election, they are in a coridi- 
 tice. The gentleman does not argue the real ti n to elect all their officers. It they are not 
 merits of 'he proposition, but gets up and i a condition to hold an election, they are not 
 pleads the statute of limitation. He says it is ' n a condition to elect any of their officers, and 
 not time for holding an election for State offi- ! i<; is ridiculous to talk about it in any other 
 cers, but he does not give one solitary reas-on ! light- ^ is absolutely a farce for this Conven- 
 to this Convention why an election should tlon to undertake to tell the peopl* that they 
 take place for members of the Legislature. are in a condition to elect one-half of their 
 
 Why, when this Convention, at a former ses- 
 sion, passed an ordinance for an election in 
 
 officers, and that they are not in a condition to 
 elect the other half. T am free to admit that 
 
 August, they intended to have an election in we are not ln a condition to have an election. 
 August; it was not then thought wise or ad- | Tne gentleman talks about Corgressmen. We 
 viable for this Convention to keep any State cann t g 1 ^ r 'd of them, but I am in favor of 
 officers in office, and there was to be a general postponing their election, in accordance with 
 election. I want to know what reasons there j the recommendation of the Governor, until the 
 are now for keeping these gentlemen in office very last moment to a time when it is more 
 that did not exist then. Mr. President, there probable we can have a peaceable election. 
 
 are reasons for it, and the same reasons which 
 would present themselves at once to the minds 
 
 The arguments that have been made here are 
 unanswerable, and show conclusively that the 
 
 of this Convention in favor of keeping the ; State is in no condition to have an election. It 
 Governor, Lieutenant-Governor, and others in 1S doubtful whether there can be an election in 
 
 office, will present themselves with like force 
 against having an election for members of the 
 Legislature. As I remarked the other day, 
 what are you saying: to the people by this 
 proposition ? It is ridiculous and useless to 
 talk about the reasons offered by the gentleman 
 from Ddvies*, that thi? is not the time for an 
 election. What does this ordinance mean? It 
 
 any of the counties south of Jackson ; and if a 
 Legislature is elected it will be composed, per- 
 haps, of not more than two-thirds of the counties 
 of the State of Missouri; and then th* condition 
 of affairs in two-thirds of those counties where 
 they can h"Jd an election is such, that I do not 
 believe a full, free, and untrammeled election 
 can take place such as the people would desire 
 
 says you are in a condition to elect members I to have, and such as every man in favor of 
 of the Legislature, but you are not in a con- justice is desirous of having. Then, sir, with 
 
 one-third of the counties deprived entirely of 
 any representation in the next Legislature, and 
 two-thirds that are not in a condition to elect 
 such men as will give a full and fair expression 
 of the will of the people, I ask you, sir, is it not 
 advisable to postpone all elections, with all t><e 
 facts before us? 
 
 Mr. IRWIN offered an amendment authorizing 
 the Governor to issue a call for an election of 
 
 dition to elect a Governor and Secretary of 
 State. Sir, the people will see through this 
 artifice. The gentleman who is chaiiman of 
 that committee has undertaken to present to 
 this Convention a reason for thh action, but 
 what is it ? It is no reason in the woild affect- 
 ing the merits of the question, but simply a 
 question of time. He says it is not the time 
 to elect a Governor. I presume he means that 
 
1T4 
 
 members of the Legislature, if at any time it 
 may be deemed necessary. 
 
 Mr. BRECKINRIDGE. Whatever action there 
 may be with reference to the election of State 
 officers, it is clear to my mind that it is essential 
 that we should have a legislative election. I 
 have conversed with some gentlemen whose 
 opinions would have great weight if I could 
 mention their names, and I have yet to hear 
 from these gentlemen most directly conversant 
 with the matter, any expression of opinion 
 other than that the interests of the State abso- 
 lutely require that there should be an election 
 of a Legislature to meet at the regular term. 
 There are many subjects of legislation which 
 this Convention could not act upon, except by 
 spending weeks and months here. I know in 
 some portions of the State it would be difficult 
 to have an election, but it is probable that those 
 difficulties will be modified or removed by the 
 time this election comes off. 
 
 Mr. PIPKIN. Have you been in southeast 
 Missouri, arid do you believe we could have an 
 election ? 
 
 Mr. BRECKINRIDGE. I have no doubt you 
 can have an election at the time the election is 
 held. 
 
 Mr. HOWELL. The gentleman from Clay 
 has offered as an amendment the ordinance 
 that was reported by the minority of the Com- 
 mittee on Elections, and the subject has been 
 fully discussed and argued before this body. 
 This ordinance was offered originally as a 
 peace offering, or rather as the best project, in 
 my estimation, for harmonizing the country. 
 Since we have met here this project has been 
 introduced, and the attention of the country 
 has been called to it; and I have seen various 
 letters from different portions of the State, and 
 from gentlemen of high intelligence whose 
 opinions are entitled to the gravest considera- 
 tion, and whose loyalty cannot and will not be 
 disputed by any gentleman in this Convention 
 urging upon this Convention the adoption of 
 that policy, and a postponement, for the present, 
 of all elections. Now, sir, the amendment as 
 offered by the gentleman, and reported by the 
 minority of the Committee on Elections ori- 
 ginally, contemplates a general election for 
 members of the Senate and House of Repre- 
 sentatives in August, 1864 ; but, for one, sir, I 
 am not wedded to that time. I am wedded to 
 no particular time. I have but one object to 
 attain by this policy, and that is the restoration 
 of peace throughout the country ; and I believe 
 that this will be the best policy to promote 
 
 peace in the country, as we cannot tell what a 
 few months may develope, or what may be the 
 condition of the country at the expiration of a 
 few months. I therefore concur fully in the 
 character of the amendment that has been sug- 
 gested by my friend upon the left, to leave the 
 power in the hands of the Governor, and to 
 authorize him, whenever he may think the 
 public exigencies require, to order an election 
 for members of the General Assembly. Sir, I 
 voted originally for Governor Gamble ; I had 
 confidence in the purity and patriotism of that 
 high functionary, and I have seen nothing in 
 his course to shake, in the slightest degree, the 
 confidence I then had in him ; and I am willing 
 to trust with him the authority which the 
 amendment confers upon him. I therefore hope 
 my friend from Clay, who has proposed the 
 ordinance which I introduced originally, will 
 accept the amendment offered by the gentleman 
 from Shelby, (Mr. Irwin.) 
 
 The amendment was accepted. 
 
 Mr. HITCHCOCK. It may be remembered 
 that 1 was of the minority who dissented both 
 from the report of this committee, and, as an 
 individual, from the minority report of the 
 committee. Of course, Mr. President, the only 
 thing 1 have desired to ascertain in reference to 
 this matter is what is best for the interests of 
 the State. We are told that the condition of 
 the State is such that it will not be possible to 
 have a safe election. If that is true, that ends 
 the question ; there is no doubt of that. I have 
 carefully made such inquiry as I could on this 
 subject. I have conversed with a number of 
 members and gentlemen from different parts of 
 the State, and it seems to me the fact is about 
 this : that in some parts of the State which are 
 infested with guerrillas, it would be dangerous 
 and difficult to hold- an election. It is not dis- 
 puted, on the other hand, that in a large part 
 of the State there would be no difficulty in 
 holding an election. Then, the question is, 
 even admitting the correctness of the difficulty 
 of holding an election in some portions of the 
 State, whether these portions are of sufficient 
 consideration to justify the postponement of all 
 elections. In addition to this, the proposition 
 laid down by the gentleman from Randolph 
 ( Mr. HalH struck me with great force, namely : 
 that it was exceedingly desirous that at the 
 earliest practicable day the people of the State 
 should be invited to resume the exercise of 
 their former civil rights the loyal people of 
 the State, sir for the purpose of engaging 
 them in the habitual and customary exercise of 
 
175 
 
 these rights, and of taking their minds off from 
 the rebellion as much as possible, and thereby 
 bringing the State back to its position before 
 the rebellion as nearly as possible. There is, 
 to my mind, great weight in that argument; 
 and, in addition to that, sir, as I said the other 
 day, I am persuaded that the vital interests of 
 tin 1 State require legislation, and that we are 
 shut up absolutely to one of two propositions 
 ei her that the Legislature shall be elected at 
 the earliest expedient day, to take into consid- 
 eration the local and general interests of the 
 State, or that this Convention shall make up its 
 mind to meet again for the purpose of acting 
 as a Legislature. One of these two things, I 
 am convinced, we must decide upon. Now, as 
 far as I am concerned, 1 am averse to entering 
 into any career of legislation. We have had 
 masters of local legislation pressed before us, 
 and declined to act upon them. We know it is 
 difficult to enter into the details of legislation, 
 or into a knowledge of the condition of the 
 people, and that we are not properly qualified 
 to assume the functions of a Legislature. It is, 
 perhaps, not improper in me to say, that in a 
 recent conversation with the Governor I became 
 satisfied that it is his opinion, that, if it is safe 
 and practicable, a Legislature ought to be 
 elected ; and that it is his belief, on. the best 
 information he can obtain, that, at least in nine- 
 tenths of the State, it is practicable to hold an 
 election. I use the words he made use of to 
 me : " It is of the first importance that a Legis- 
 lature should be elected," for the sake of 
 attending to the interests of the kind I have 
 mentioned, and for the sake of attending to 
 other highly important interests. Take for 
 instance the railroads. The gentleman from 
 Monroe said, the other day, that there was no 
 sort of necessity for legislating aboutrailroads. 
 Now, we know that our railroads are forfeited, 
 and th.it the Governor has the power to sell 
 them. It is true the Governor has the power 
 to sell them for cash ; but suppose it should be 
 practicable to sell these roads for Missouri 
 State bonds ; suppose that by a sale of them 
 we could take up $12,000,000 of Missouri State 
 bonds ; would it not be an object for us to con- 
 sider the practicability of such a scheme? I 
 arn putting a case hypothetically, but, as I am 
 informed on good authority, not without reason. 
 And so with regard to the other important in- 
 terests of the State which demand legislative 
 action of some kind, and which, unless a Legis- 
 lature acts upon them, we must act upon them. 
 Now, I am wholly opposed to having this 
 
 Convention (already having lasted longer than 
 any of its members expected, and desiring as 
 we all do to return the power which has been 
 entrusted to us) declare that it will undertake 
 a year or two longer to manage these things, 
 and reconcile the clashing interests that will 
 necessarily arise in matters of legislation. 
 
 Now, in regard to the election of Governor 
 we have heard various arguments. I say, 
 frankly, for myself I am at a loss to decide 
 the question. I am for a Legislature most 
 decidedly, and I was not willing to join 
 in the report of the committee in favor of post- 
 poning all elections. The more important 
 question was the one I have discussed as to 
 the difficulty which some gentlemen have sug- 
 gested of sending information through the 
 State; so that, if it be practicable in any sense, 
 it should be practicable to hold an election 
 throughout the whole State. I think there may 
 be force in that, and I am willing to postpone 
 the election until some time in the Fall. As I 
 have said, I cannot consent to postpone the 
 election of a Legislature beyond the period I 
 have named ; but in regard to the election of a 
 Governor, there is more difficulty, and I have 
 not yet decided what will be the proper course 
 in this respect. Besides the reasons I have 
 given for the election of a Legislature, there 
 is another reason. The appropriation bill pass- 
 ed by the last Legislature expires the present 
 year. Some appropriations, I am informed, 
 have already been exceeded, and somebody 
 has got to come together and pass appropria- 
 tion bills, otherwise none of the expenses of 
 the State can be paid at all. I take it gentle- 
 men will consider these facts, and realize the 
 necessity of an election for the Legislature. 
 
 Mr. STEWART. I take it for granted that 
 this Convention was called together for a spe- 
 cial purpose, and that was to decide the relations 
 which existed between the State of Missouri 
 and the Federal Government, and I take it also 
 that it was called together to expatriate about 
 the biggest traitor on earth Mr. C. F. Jack- 
 son. He undertook to carry this State out of 
 the Union ; he failed to do it, because there 
 were loyal men enough in the State, and in the 
 Legislature then assembled, to prevent it. His 
 object was to get a Convention to pass an 
 ordinance of secession. But the people of this 
 State decided, by nearly 100,000 majority, that 
 it was against the interests of the State to go 
 out of the Union. In the first place, secession 
 was a heresy. There was no provision made 
 in the Constitution which recognized secession ; 
 
176 
 
 and beside,- tint, all our local interests and our 
 geographical position in the centre of the con- 
 tinent were all againa. separating ourselves 
 from the Union. But those infernal dema- 
 gogue?, overlooking the interests of the State, 
 and desirous only of their own personal ad- 
 vanc-m^nt, thought proper to take the State 
 out or the Union. They got together in extra 
 session and attempted to pass a secession law ; 
 but the peop'e gi>t together in Convention and 
 decided they would remain in the Union, and 
 they elected a Provisional Government for that 
 purpose. 'Ih-yhad no other object in view, 
 except to keep the State in the Union. Now, 
 I see n*> particular necessity why we are bound 
 to run th t machine any longer than is actually 
 required. I recognize the fact that we put out 
 Jackson arid his cohorts because they were 
 traitors; and the Piovisional Government was 
 only put in as a mat r er of expediency, and I 
 can see no retson why thit engine should run 
 any longer. Such a thing might happen, as 
 that they would appoint their own sons ; they 
 might out in secessionists, who would ride over 
 Union m^n ; nnd I see no reason why we should 
 not vote to exclude the whole concern. I do 
 not want an institution that will get on one 
 side of the fence and peep on the other, so that 
 you can't tell whether it will come out heads 
 or tails. I do not want to see any milk and 
 water policy pursued. 
 
 There are some leading traitors in this State 
 that ought to be killed, and the best thing we 
 could do would be to hang them. I know ihat 
 perhaps this may shock the sensibilities of a 
 certain class of men. I recollect I was arrested 
 in St. Louis for offering a resolution that the 
 President be instructed to organize guerrillas 
 in this State to kill the infernal bushwhackers. 
 But this rebellion has got to be put down any- 
 how ; and the sooner we set ourselves to work, 
 and use the means that have been placed in our 
 power to put it down, the better it will be for 
 us in the end. 
 
 Mr. ALLEN. I expect, sir to vote for the 
 amendment offered by the gentleman from Clay > 
 and I desire to state my reasons. I have but 
 one objection to the postponement of the elec- 
 tions, and that I find to be the perpetuation of 
 this body. But we are to look at the interests 
 of our country ; and I do believe it would be for 
 the interest of the country that the officers of 
 the Provisional Government, elected by this 
 Convention, should be permitted to serve out 
 the full time for which Jackson was elected. 
 Under the administration ot these officers, the 
 
 Provisional Government inaugurated by this 
 Convention has prospered. It has the confi- 
 dence of the Government at Washington, and 
 it has the confidence of the loyal men of the 
 State of Missouri ; and, as has been declared 
 here, it is growing in favor continually with the 
 people throughout the State. I am, therefore, 
 in favor of continuing this Government in 
 power, and of postponing all elections until 
 1864. It is true, as the gentleman from St. 
 Louis remarked, that in all probability the 
 State will require some legislation in relation 
 to its financial condition, but it seems to me we 
 can get along with a very little legislation. The 
 appropriations which will be necessary to be 
 made, can be made by the Convention ; and I 
 am satisfied of one thing, that it will be a great 
 saving to the State of Missouri if this election 
 be postponed, and if this Convention do what 
 little will be necessary to do in the way of le- 
 gislation. These are the reasons why I am 
 induced to go for this measure. I bel eve it is 
 for the Convention to guard the interests of the 
 State, and to save to the State all it can. lam 
 satisfied of one thing, that only a partial amount 
 of the revenue for the past year can be collected 
 in the State. There are but a few counties 
 that have paid in the revenue for the last year. 
 It is impossible to collect it. That being the 
 fact, it is for the interest of the people of Mis- 
 souri that we should get along wi^fi as little 
 expenditure as possible to the people of th? State. 
 There is another reason. We are not in a 
 condition to go through the heated canvass of 
 a general election this summer. A conflict of 
 elements will be brought to bear in the canvass, 
 and we will have a heated contest which the 
 country is not at this time prepared to endure. 
 It would be detrimental to the interest and the 
 peace of Missouri. That is one important 
 reason why 1 am in favor of postponing the 
 election. As I before remarked, legislation will 
 be required, and if we are called together again 
 for that purpose, it will he an object for the 
 Convention to legislate only for the interests of 
 the State ; and we can do it in a few days, at 
 but little cost in comparison to what a Legisla- 
 ture would cost. 
 
 Now, the gentleman from Buchanan, in his 
 remarks, said he was at rested for advocating 
 the raising of guerrilla parties. I was informed 
 it was not for that purpose. It was said he was 
 arrested for wearing his military hat wrong end 
 foremost. [Merriment.] 
 
 Mr. DONIPHAN. I should not have risen to 
 address this Convention but for the amendment 
 
177 
 
 offered by the gentleman from Shelby. There 
 were so many difficulties in relation to calling ;i 
 Legislature together, and so many reasons why 
 it should be called together, that I had not 
 determined really within myself which would 
 be best for the interest of the State. And I 
 admit, sir, that it had not occurred to me that 
 all this might be obviated by so simple an 
 amendment as the one offered by the gentleman 
 from Shelby. 
 
 Mr. President, when these colonies separated 
 from Great Britain, the establishment of their 
 independence differed in nothing from revolu- 
 tions which had occurred everywhere in the 
 whole country revolutions which had sub- 
 verted empires and dethroned kings ; there was 
 nothing in it, except the theory as to whether 
 man was capable of self-government. It is on 
 that theory that our Government is based. It 
 is based on that truth, and that truth is eternal 
 and intangible. It is always true in theory 
 that man is capable of self-government; but 
 when we look back at the history of our race 
 for six thousand years, and view the grand 
 panorama, variegated as it is, and passing 
 rapidly before us, we see that the history of 
 man has been but little else than a history of 
 convulsions and revolutions. Our whole his- 
 tory, sir, is marked and scarred all over with 
 it, as visibly as the surface of our globe is 
 marked and scarred over with the convulsions 
 of nature. We are now, Mr. President, in the 
 midst of one of the most terrible upheavals that 
 has ever occurred in any government in the 
 world ; and that this rebellion has not passed 
 away is evidenced by the very ordinance we 
 have passed to-day. It is admitted everywhere 
 that the rebellion is still in progress ; and it is 
 necessary for us to act not as if the rebellion 
 had passed, but as if we were in the midst of 
 it. This very body, sir, is a revolutionary 
 body ; and but for this rebellion we never would 
 have been called together or had existence. 
 We were called into existence for extraordinary 
 purposes, and we are clothed with extraordi- 
 nary powers. No other body, except one 
 clothed with extraordinary powers, could 
 answer the purposes of government in a time 
 of revolution. Civil government and rebellion 
 can never exist at the same time in the same 
 body politic. The success of rebellion is the 
 downfall of government the downfall of Con- 
 stitution and law. The success of civil law is 
 always the destruction of rebellion. One or the 
 other must exist and be paramount in every 
 government; both cannot exist in an equal 
 
 12 
 
 degree at the, same time. We are in a state of 
 rebellion, and we have a revolutionary body 
 here, called into existence to meet the great exi- 
 gencies of the times ; and yet gentlemen tell you, 
 although we are in the midst of this rebellion 
 to such an extent that our people cannot elect 
 a Chief Magistrate to govern it, and that it is 
 unsafe to trust it to them, that we are yet in a 
 condition to elect other officers for other pur- 
 poses. Why, Mr. President, is it so 1 It arises 
 from one of two reasons either that we have 
 less power than the Legislature, or less ability. 
 Now, Mr. President, instead of having less 
 power, we have greater and more power than 
 the Legislature has for all purposes. The very 
 ordinance we have passed to-day no Legislature 
 could pass. No Legislature could have deposed 
 Jackson and the Legislature of the State ; no 
 Legislature could have put into power the 
 present Government ; no Legislature could 
 prescribe additional qualifications for repre- 
 sentatives and officers of the State and county 
 other than those the Constitution has given. 
 But this Convention is clothed with a power 
 superior to the Constitution to meet great crises 
 that no Legislature was intended to meet. We 
 are clothed with these powers for that purpose. 
 Shall we lay down this power and say we 
 cannot discharge the ordinary duties of legis- 
 lation as well as any other Legislature ? I, sir, 
 have been a member of this body from the first, 
 and I have been a member of the Legislature 
 and an outsider for almost thirty years, and I 
 may be permitted to say that this body is at 
 least equal in the amount of intelligence to any 
 Legislature that ever assembled in the State of 
 Missouri. We have proved our loyalty to the 
 Government and to the State ; and are you 
 now disposed to set aside this body and elect 
 one that you do not know what may be its 
 character ? Will you not remain at a safe port 
 and anchorage, rather than go out upon a wide 
 sea without guide or compass, and without a 
 knowledge of the harbor or port which you 
 wish to reach ? Gentlemen may say we have 
 thrown around the elective franchise such 
 guaranties as will secure a loyal Legislature. 
 Why, they are but cobwebs. I may say, in a 
 time of this sort men are not much disposed to 
 quibble at oaths, especially those who regard 
 this Convention as having no power and no 
 control over them. 
 
 But, Mr. President, I hasten to the point 
 under discussion. It is proposed to give the 
 Governor of the State the power of calling the 
 Legislature whenever he may think proper. 
 
178 
 
 The whole argument of the gentleman from St. 
 Louis (Mr. Hitchcock) and he is a very in- 
 tellectual man, and a very honest legislator 
 is thus disposed of. That gentleman has told 
 you that the Governor desired a Legislature to 
 be called. If the Governor wants it and re- 
 quires it, why, sir, let the Governor call it; we 
 offer him the power, and we have confidence in 
 him. Why, sir, the Governor of this State has 
 worked out the most arduous and the most 
 wonderful problem of government that almost 
 any other Governor ever wrought in the worl-i. 
 He was placed here when there was no gov- 
 ernment, when there was scarcely any means 
 of constructing a government, when the State 
 was overrun with military forces, and when 
 everything was anarchy and confusion ; but he 
 has bro tight order out of chaos ; and I believe 
 we should continue him in power for the reason 
 that he is the right man in the right place. 
 
 Mr. SHANKLIN. I do not rise with a view 
 of replying to the gentleman who has just 
 spoken, but with a view of answering a ques- 
 tion proposed by the gentleman from Clay 
 (Mr. Moss). He appealed to any gentleman 
 on this floor to show him a reason why the 
 election of Governor should be postponed and 
 not that of the Legislature. I believe I have 
 a sufficiently satisfactory reason, and I will 
 state it. The Governor, Lieutenant-Governor, 
 and the Secretary of State, fill their offices by 
 virtue of appointment by this Convention. 
 They are filling out -the unexpired term, and 
 if we continue them in office we continue them 
 during the unexpired term. If we postpone 
 the elections, the law which is now in force 
 
 providing for an election will necessarily have 
 to be suspended. I regard that as being a very 
 important and satislactory reason why we 
 should continue the one and not the other. 
 Again, here is another reason. Gentlemen on 
 this floor have declared that it will not be safe 
 during the present 3 ear to have an elect on, 
 while I am of the opinion that the election 
 may be safely held in the greater part of the 
 State, yet we had better risk a part rather than 
 risk all. Is it not more dangerous to risk all 
 than a part 1 ? We know we have a loyal Gov- 
 ernor that is firm, tried, and true ; and if we 
 should be so unfortunate as to get some Seces- 
 sionists in the Legislature, a loyal Governor 
 of the State of Missouri, like the loyal Gover- 
 nor of Maryland, could save the State from 
 wreck and ruin. Another point and lam done. 
 This body is not suitable as a Legislature to 
 enter into the general legislation of the State. 
 Our law makers have regarded it as important 
 that we should have two branches to our As- 
 sembly, the one to revise the actions of the 
 other. Now we are a body of ninety-nine men, 
 and it is argued, perhaps correctly, that our 
 powers are unlimited except by the Consti'u- 
 tion of the United States. Now, Mr. President, 
 is it safe for a body having unlimited power, 
 without the check of one House upon the other, 
 and without the check of the Executive veto, 
 is it safe for such a power to go into general 
 legislation ? I think it is not, and, in my 
 judgment, this is an unsuitable body to enter 
 into general legislation. 
 
 The Convention then adjourned. 
 
 NINTH DAY. 
 
 JEFFERSON CITY, 
 Wednesday, June 11, 1862. 
 
 The Convention met at 9 o'clock. 
 
 Prayer by the Chaplain. 
 
 Mr. HENDRICKS gave notice that on to-mor- 
 row he would introduce an ordinance supple- 
 mentary to the ordinance adopted the other 
 day, defining the qualifications of voters and 
 civil officers, limiting the operations of that 
 ordinance to the 1st day of July, 1864. 
 
 POSTPONEMENT OF ELECTIONS. 
 
 The question being on agreeing to Mr. 
 Moss's substitute postponing all elections, ex- 
 cept Congressional, until 1864, 
 
 Mr. WOOLFOLK moved to except also Sena- 
 tors and Representatives. 
 
 Mr. WOOLFOLK said it seemed to be very 
 
 necessary that a legislature should be elected 
 
 in order to take charge of the many interests 
 
 | of the State that were suffering for want of 
 
179 
 
 legislation. As to the Sheriffs, Coroners, and 
 other county officers, the only way to fill these 
 offices in many counties was by appointment 
 of the Governor. Nobody would become can 
 didates, even if elections were ordered. 
 
 Mr. BUSH. Sir, I will state plainly why, in 
 my opinion, the amendment of the gentleman 
 from Clay (Mr. Moss) should be voted down. 
 Its purpose is to postpone the election. Sir, 
 " I shun delays they breed remorse." Why 
 should we delay ? The reasons given by va- 
 rious members are : 1st. We do not need an 
 election. The Provisional Government works 
 admirably well ; the people are quieting down 
 under it. Further, the people have confidence 
 in this Convention, which has the wisdom and 
 the power to do all the legislation that may be 
 necessary. 2d. The people are not quiet 
 enough ; the condition of the country is too 
 disturbed to hold an election. Questions may 
 be agitated which will still more disturb their 
 condition in one word, they fear trouble. 3d. 
 The election will be a farce and a mockery . 
 they want no election; while it is necessary, for 
 the safety of the country, to prescribe test 
 oaths. In other words, they want traitors to 
 have a vote, or no voting at all. 
 
 Before I shall give my views on these rea- 
 sons, I will state that, if it had been shown to 
 my satisfaction, that large portions of this State 
 are yet occupied by the enemy by the armies 
 of the so-called Confederate States that in 
 many and populous sections of this State no 
 elections could be held, there being no courts, 
 nor clerks of courts, or other officers charged 
 with equivalent duties I would myself, though 
 with great regret, have voted for postponing 
 all elections. 
 
 But such fact has only been brought before 
 us by the gentleman from Iron, whose views 
 on the subject, I am free to say, cannot have 
 any weight with me. In July last he told us 
 that he considered our acts unconstitutional 
 and usurpation, [quoting very interesting pas- 
 sages from Mr. Pipkin's speeches], and now he 
 had repeated that these are still to-day his 
 views, yet he votes and acts with us; nay, he 
 asks us to prolong this unconstitutional and 
 usurpatory existence. Such logic I cannot 
 understand. 
 
 But, sir, I can comprehend the reasons 
 before stated against the holding of an election, 
 and I will now try and refute them. 
 
 I. It is said that the Provisional Government 
 which you have appointed works well and gives 
 full satisfaction to the people. I am glad to 
 
 believe this. But why then doubt that the 
 people will ratify the same in an election ? The 
 present incumbents desire nothing better. The 
 Governor is incurring a great sacrifice in hold- 
 ing this office ; but while he is willing to serve* 
 us again in this capacity if it be the desire of 
 the people, no consideration whatever could in- 
 duce him to continue in office if he should for 
 a moment believe that it were not the will of 
 the loyal people. Our Lieutenant-Governor 
 entertains, no doubt, the same views ; the Sec- 
 retary of State has already announced himself 
 as a candidate for the August election. If the 
 people are quieting down, and have become 
 satisfied with this administration, they will 
 ratify it by an election, and become more satis- 
 fied. There is always something unpleasant, 
 something almost unbearable for a free people 
 to recognize and to live under a government 
 which has not been duly elected by the same. 
 
 While I am unwilling to give my consent to 
 continue the Provisional Government in office 
 without a ratification by the people, I am still 
 more opposed to continue the existence of this 
 Convention. True, this Convention has the 
 power and the right to do all the necessary 
 legislation for the interest and protection of all 
 the institutions of the people of this State, but 
 it has either not the courage or not the will to 
 do so, and is doing what seems unavoidable 
 and indispensable. This has been the estab- 
 lished policy of the majority, and it may have 
 been a correct policy ; but then it is time, high 
 time, that a fresh and regular legislative body 
 be elected by the people. I may state here 
 that I deem it necessary that this Convention 
 remain in existence till after the first meeting 
 of the Legislature, for exigencies which it is 
 impossible to foresee at this moment. But, as 
 we desire not to legislate on any of the impor- 
 tant matters which imperatively demand legis- 
 lation, as many of us admit not to be acquaint- 
 ed with the present local condition and require- 
 ments of their constituents, as one-third of our 
 members are missing, and thus large portions 
 of the State quite unrepresented, you cannot 
 justly refuse to provide for a Legislative Assem- 
 bly, to be elected by the people. 
 
 This Convention has been constantly eulo- 
 gized and complimented Irom the opening of 
 this session by the Governor's message up to 
 the gentleman who spoke last, and it can v-ell 
 afford to hear from me a different opinion. I 
 believe this Convention has outlived itself and 
 is losing the confidence of the people, or is at 
 least in danger of losing it entirely, if it were 
 
180 
 
 to continue its existence longer than it is abso- 
 lutely necessary. I, for one, have more confi- 
 dence in the people than in this Convention, 
 and for our good name, and for the well being 
 of the people, I must desire an early election. 
 
 II. But an election will produce trouble. " I 
 tell you it's best to look trouble in the face, if 
 you don't you'll have more of it." You have 
 proved, gentlemen, by your vote on the pro- 
 position of my noble friend and colleague, Mr. 
 Breckinridge, that you fear agitation that you 
 lack the courage to meet the great questions of 
 the day but do you believe to avoid thereby 
 our dangers ? The storm is raging. Will it 
 quiet the storm when you stop your ears 1 If 
 you do wilfully blind yourselves to "the signs 
 of the times," you will only not see their warn- 
 ings and will sink the ship, "rending and 
 wrecking " the very institutions you wish to 
 preserve, and which you might have saved by 
 a " calm consideration," wise counsel, and 
 courageous action. The question which you 
 wish to avoid no doubt from the best of mo- 
 tives will be agitated all over the land, in 
 every house and hamlet election or no elec- 
 tion. And the sooner you prepare to meet it, 
 the better for you, the people of Missouri, its 
 property and true interest. 
 
 III. The holding of an election is further 
 objected to on the ground that it is deemed ne- 
 cessary to prescribe an oath to voters and to 
 candidates. Aye, you have been told, Mr. 
 President, that such an election would be a 
 farce and a mockery. Now, sir, there have 
 been held already several fair and quiet elec 
 tions, with satisfactory results, in various dis- 
 tricts, with the restrictions of similar oaths to 
 those you have adopted yesterday. I, sir, had 
 also to abjure my former government; I had 
 to take an oath " that I will support the Con- 
 stitution of the United States, and will bear 
 true allegiance to this Government," before I 
 was allowed to vote, and millions of our voters 
 the same way. Still did never any one of 
 them call the exercise of this high privilege "a 
 farce and a mockery." 
 
 Sir, the restrictions contained in the ordi- 
 nance adopted by this body are just, are mild, 
 are necessary ; under them we can have a fair, 
 a safe and qufet election, and candidates will 
 be spared the unpleasant, the dangerous and 
 degrading work of seeking aid 1 and support from 
 disloyal voters. 
 
 But one more remark, Mr. President, and I 
 am done. I want you to- remember that the 
 "do nothing" policy lias always been the 
 
 characteristic policy of the gentlemen (Messrs, 
 Moss and Howell) who offer this amendment. 
 On the 24th of July the gentleman from Clay 
 offered the following resolution: "Resolved, 
 That no action of action of this Convention for 
 the purpose of organizing a State Government 
 can give peace to Missouri ; " and the gentle- 
 man from Monroe said, on the 30th of July r 
 " I believe, sir, the true position for Missouri 
 is to maintain a position of ' masterly inacti- 
 vity.' To act now would create a civil war in 
 our midst, and array county against county, 
 township against township, neighborhood 
 against neighborhood, and family against 
 family." And further : " The people would 
 much prefer that the State should be held as a 
 province than that a government should be 
 foisted upon them apparently by their consent, 
 when it really is not. And now they propose 
 to continue this same Government foisted upon 
 them, and again to do nothing, to wait, and? 
 to delay. 
 
 But does this amendment really propose to 
 hold no election at all 1 Can it honestly do so? 
 No ! The gentleman from Clay is well aware 
 that even if we were to continue the Provi- 
 sional Government and this Convention ; even 
 if the Governor were to appoint Judges, Sher- 
 iffs, County Court Justices, and Coroners, all 
 of whom should be elected by the people we 
 must still have an election within six months- 
 for Representatives in Congress in all the nine 
 districts. Now why, in the name of common 
 sense, not have a full and regular election ? 
 " Be wise to-day : tis madnesa to defer." 
 
 Mr. MARMADUKE. I would like to give the 
 reasons that will govern me in the vote I shall 
 cast, not only in reference to the amendment 
 to the substitute, but the substitute itself; and 
 I think, Mr. President, that the members of 
 the Convention will bear witness that no mem- 
 ber on this floor has occupied less of their time 
 than I have. Being one of the youngest mem- 
 bers on this floor, I have felt reluctant in press- 
 ing my views on this body. I have deferred 
 to the views of older, wiser, and, perchance, 
 better men than myself; but there are times, 
 Mr. President, when duty public duty rises 
 high above either personal preferences or con- 
 siderations of personal safety. Mr. President, 
 I, sir, have reached that point, and at the out- 
 set, I desire to know whether or not the ancient 
 privileges which have hitherto appertained to 
 this hall whether, sir, the right of speech is 
 to be allowed or denied me here ? I desire to 
 know whether or not that great right which 
 
181 
 
 underlies the Constitution itself that great 
 right for which the fathers of the revolution 
 contended through a long and bloody war 
 whether that right is to be allowed or denied 
 me here. 
 
 Mr. President, it is a right which is guaran- 
 tied to me by the Constitution ; it is a right 
 which is sacred to me; and I do riot believe 
 that that spirit of vandalism and terrorism 
 which has invaded both public and private life 
 has likewise invaded this hall, and taken away 
 not only the highest prerogative of the Ameri- 
 can people, but, likewise, the very last vestige 
 of a republican form of government. Sir, it 
 is a right guarantied to me by the Constitution, 
 and it is a right I sball surrender only with 
 life itself. While I am aware that my opin- 
 ions are different from the opinions of a vast 
 majority of this Convention, yet, sir, I shall 
 express them as the views, not only of my con- 
 stituents, but of nine-tenths of the people of 
 Missouri, regardless of consequences. Mr. 
 President, whatever I may say on this floor, 
 and whatever views may fall from my lips, I 
 want gentlemen to understand that I do not in- 
 tend them as personal reflections at all. I am 
 one of those who is willing, at all times and 
 under all circumstances, to allow others that 
 same honesty of opinion and purpose that I 
 claim for my own opinions and purposes; and 
 therefore, sir, while I have differed with these 
 .gentlemen, politically, at the same time, every 
 .gentleman here will bear witness to the fact 
 that, personally, I entertain opinions of the 
 kindest feeling and highest respect towards 
 them. 
 
 Mr. President, I had thought that the people 
 who elected this body expected that our work 
 was done when we closed the first session at 
 St. Louis. Our work was done, and well done, 
 and it met the views of an overwhelming ma- 
 jority of the people of this State ; but in my 
 humble judgment, sir, every act of the Conven- 
 tion from its first session to the presentbas been 
 -at war both with the opinions, and I may say, the 
 interests of the people of Missouri. I am one of 
 those elected on a Union ticket, and I was a 
 Union man. No man on this floor has a heart 
 to love more than 1 do both the Constitution of 
 the United States and this form of Government, 
 &nd I worked with all zeal in their behalf. I was 
 elected in my own county, because I was a 
 Union man, and, with my colleagues, I was 
 elected by an overwhelming majority of the 
 people. But, Mr. President, we were not elect- 
 ed as unconditional Union men. We took a 
 
 position before the people, a position that was 
 carried out in the first meeting of the Conven- 
 tion, that we believed there was a hope of 
 settling amicably the great questions before 
 the people ; and we took another position, and 
 that was against coercion. And upon every 
 stump we talked at least I can bear witness 
 to one of my colleagues we took the position 
 that in the event of a war between the North 
 and South, and an attempt at coercion, we 
 would be found not only in sympathy, but 
 against any attempt to coerce the Southern 
 people. And, sir, did not this Convention pass 
 resolutions unequivocally on that point? Did 
 not this Convention, with most singular unan- 
 imity, while at St. Louis, pass a resolution 
 against any attempt to coerce the Southern 
 States, aod yet, what has -been the course of 
 this Convention since ? No sooner did the war 
 commence, no sooner was the red flag of revo- 
 lution raised, than this Convention backed 
 down from the will of the people, and their 
 own resolution, and arrayed themselves against 
 the people of the State. Mr. President, I do 
 not say the Convention did not do right. They 
 may have done right .; but I do say th<ey did not 
 represent the people of Missouri in backing 
 down. 
 
 Mr. WOOLFOLK. I call the gentleman to 
 order. I believe the amendment before the 
 house refers to postponing the elections. 
 
 Mr. MARMADUKEI. I have no doubt many 
 of my remarks are unpalatable to that gentle- 
 man, as well as to others, but the latitude 
 which this debate has taken has been so great 
 that I claim for myself the same rights that 
 have been extended to other gentlemen. What- 
 ever I say here, I take the responsibility of it 
 upon my own shoulders, and I hope I may be 
 allowed to proceed. Still, sir, if the Conven- 
 tion are unwilling to hear my views on this 
 subject I will bow to their decision. 
 
 Mr. PHILLIPS. I hope the gentleman will 
 have ample opportunity to ventilate himself. 
 
 Mr. MARMADUKE. Mr. President, I am 
 not very much in the habit bf public speaking, 
 and have not been since the close of my col- 
 lege days, and I regret very much that the gen- 
 tleman should have broken in on my remarks 
 at the time he did. Still, I will endeavor to 
 continue. Mr. President, I believe I was on 
 the subject of the action of this Convention, at 
 its first session, with reference to coercion. I 
 desire to say, Mr. President, and the fact is 
 well known to you and the members of this 
 body that there was a resolution passed by 
 
182 
 
 this Convention, at its first session, and in ac- 
 cordance, as I bt-lieve, with the will of the peo- 
 ple of this State, opposed to coercion ; but since 
 the expiration of the first session, the whole 
 course and action of this Convention has been 
 in direct contravention of that resolution.. 
 
 Mr. HITCHCOCK. I ask the gentleman to 
 point out the resolution passed at the first ses- 
 sion of this Convention, which is opposed to 
 coercion in the sense he has stated. 
 
 Mr. MARMADUKE, I have not the proceed- 
 ings of the Convention before me, but I will 
 take occasion to furnish the gentleman with 
 the resolution wh'ch I have referred to. There 
 was such a resolution, Mr. President, if not 
 directly, indirectly against coercion, and which 
 the people of Missouri regarded as expressing 
 their will. I do not believe the gentleman 
 from St. Louis voted for it; I believe he did 
 not, but I know an overwhelming majority of 
 the Convention did vote for it, and I know 
 their opinions and feelings were opposed to 
 anything like coercion. And it is but natural 
 they should be so. How could it be other- 
 wise than that when a contest came up be- 
 tween the North and the South, our whole feel- 
 ing, passion and prejudice should array them- 
 selves on the side of the South? Mr. Presi- 
 dent, it is but natural ; and whatever may be 
 the action of this Convention7 and whatever 
 may have been its action, the people of Mis- 
 souri have been, opposed to the attempt to co- 
 erce the Southern- States, and I ara one of those 
 who most cordially sympathize with that 
 feeling on the part of the people of Missouri ; 
 not that I was opposed to the Constitution, for 
 I never have been, but there is one thing I have 
 been opposed to. While I am an admirer of 
 the Constitution of the United Sta* , and 
 while I admire our system of government in 
 all its parts, I do protest against the effort to 
 substitute the Chicago platform for the Con- 
 stitution of the United States. I cannot be 
 loyal to that platform, nor can I be loyal to 
 any party or administration that plants itself 
 on that platform. 
 
 Mr. President, is the course pursued by the 
 Government of the United States in reference 
 to Missouri calculated to conduce to the loyal- 
 ty of her people? Has any gentleman the 
 right, when he surveys the field and contem- 
 plates the facts, has he the right to doubt, for 
 one moment, the position of the people of Mis- 
 souri ? What has been the course of the Gov- 
 ernment towards Missouri ? Has it been one 
 of kindness one calculated to win them back 
 
 to loyalty? On the contrary, from the incip- 
 iency of this war up to the present time there 
 has been every effort made T do not say pur- 
 posely, but it has been made. I say, every ac- 
 tion of the Government has been calculated to 
 increase disloyalty rather than loyalty. The 
 very first act of the Government in this State 
 was to inaugurate a system of Home Guards 
 the most obnoxious military system that was 
 ever known to any people and without any 
 semblance of law. They were armed and 
 banded together, and they were the most 
 heinous body of men that ever did band togeth- 
 er. I know it is a fact that in my entire sec- 
 tion of country these organizations, under the 
 fostering care of the Government, did more to 
 increase and bring about disloyalty then every 
 other consideration put together. Ever since 
 the Camp Jackson affair, disloyalty has con- 
 tinued to increase in consequence of the acts 
 of these Home Guards. 
 
 Mr. President, when we met here last year 
 and went into the election of a Governor, and 
 deposed the Governor elected by the people, I 
 hoped that the pledges the Governor elected by 
 us made to this Convention, on this floor, 
 would be carried out in good faith. I regret 
 they have not been carried out. I remember 
 well he told us from that stand that he would 
 do all in his power to stop the arrest of private 
 citizens simply for entertaining an opinion. 
 Has that been done? No, sir, it has not. In 
 my own county, three hundred men have been 
 arrested for expressing their opinions, and the 
 people are absolutely afraid to express their 
 opinions, because they fear they will be sus- 
 pected of entertaining sympathy with the South. 
 Is that course calculated to conduce to the loy- 
 alty of our citizens? 
 
 Look at the outrages committed by our ar- 
 mies on the western frontier of this State. I 
 will point to the outrages committed by that 
 bold brigand and outlaw, Jennison, in the 
 counties on the Kansas border. His army has 
 been followed by the smoking ruins of farm 
 houses, and all this has been done under the 
 immediate eye, and I believe, has met with 
 the unqualified endorsement of the Govern- 
 ment. Why have not I aright to believe so ? 
 Has the Government ever done anything to 
 make me believe, or you believe, that it did 
 not endorse this course of Jennison's. Sir, he 
 was allowed, as long as he staid in Missouri, to 
 commit his desperate outrages on our citizens, 
 and there are hundreds and thousands in those 
 counties who are left houseless and homeless, 
 
183 
 
 to bo thrown upon the cold charities of the 
 world, by reason of the acts of this man Jenni- 
 son. It is true he may have been arrested, but 
 it was not upon Missouri soil, nor do we know 
 it was for any of these outrages. But what was 
 done with him ? He no sooner reached St. Louis 
 than he met with a perfect ovation. He is 
 toasted and feasted not by all parties, I am 
 glad to say, Mr. President. There was one 
 party there that did not feast him. But what 
 did this ovation mean ? It meant that his 
 course was endorsed, and that they were ready 
 to treat him him with all the pomp and cir- 
 cumstance of a famous chieftain. Following 
 him to Washington, what do we find ? Has 
 the President done with him as he would, or 
 should, have done with any other robber ? Sir, 
 we find, when he reached Washington City, 
 he met with the same ovation, and with out- 
 stretched hands, perhaps, from the President. 
 
 But, Mr. President, what he has done on a 
 large scale has been done by smaller lights, 
 all through my section of the country. There 
 have been honorable exceptions, I am glad to 
 bear witness ; but wherever the army has gone 
 and citizens have been suspected of sympa- 
 thizing with the South, its course has b^en 
 marked with desolation and outrage. Mr. 
 President, I say such a course is not conducive 
 to loyalty, and I regret to see an indication, on 
 the part of this Convention that they are go- 
 ing to pursue almost the same course towards 
 the people. In reference to the elective fran- 
 chise, what do we find ? We know we are a 
 subjugated people in Missouri. I acknowledge 
 we are subjugated, and the Federal arms have 
 taken possession of the State. The question, 
 then, is, what course of policy is to be pursued 
 towards the people of Missouri, so as to bring 
 them back to their original allegiance ? Is it 
 to be the course indicated by this Convention, 
 and will that conduce to their loyalty, and 
 tend to bring them back ? 
 
 But, Mr. President, coming immediately to 
 the question under consideration. There yet 
 remains to the Convention an opportunity to 
 relieve the Convention and the State, and that 
 is the adoption of the amendment of the gen 
 tleman from Clay. I am one of those who 
 have voted persistently and consistently to ad- 
 journ this Convention. I am one of those who 
 believe no good can come from it. I believed 
 from the first that our legislation would not be 
 conducive to the good of the State. I protest 
 against the assertions of gentlemen who claim 
 that our action has brought about the compar 
 
 itive peace that we now enjoy. Not a single 
 ict of this Convention has done anything to 
 give peace and quiet to this State. It is arro- 
 gating that to the Convention which its action 
 n no way, shape, manner, or form, has been 
 n the slightest degree conducive. Gentlemen 
 on this floor know that our action has been 
 ondemned by a majority of the people. The 
 leace we have is the result of the course pur- 
 sued by Gen. Halleck ; it is the result of one 
 of the armies being driven from the State; it 
 s the result of the Federal army driving the 
 opposing army from the State. It is that that 
 las given apparent peace to the State, and it is 
 not the action of this Convention. I say I op- 
 posed this action because I believed it would 
 lot be conducive to the peace of the State, and 
 every day's experience satisfies me of the cor- 
 rectness of my belief. I believe every act of 
 this Convention, instead of giving peace and 
 quiet to the State, has had an influence direct- 
 y contrary, and I fear that the action hereaf- 
 ter, will be part and parcel of what it has been 
 heretofore. It is now in the hands of the Con- 
 vention to give peace and quiet to the State, 
 and yet, I fear, their action will be exactly the 
 ontrary. I fear the policy laid down, and in- 
 tended to be carried out, will make it neces- 
 sary to bring in a stronger army than ever be- 
 fore ; and hence, I conjure members to be care- 
 ful of their legislation. I am one of those who 
 desire the peace of the State. I do not desire 
 to see another opposing army on our soil. We 
 have now the means, by judicial and proper 
 legislation, to maintain the peace. If, by our 
 legislation we carry out the honest instincts of 
 justice, it will not be necessary for another 
 army to come here ; but if, on the contrary, by 
 thi. . bnoxious system of restriction, and every 
 other insult and outrage that cr.n arouse the 
 people, who will dare foretell the end of it; 
 and hence, although I have voted to adjourn 
 the Convention from the first ; although I be- 
 lieve its action has been an outrage upon the 
 people, yet, from present circumstances, I be- 
 lieve the best thing we can do, considering the 
 obnoxious and odious restrictions that surround 
 the elective franchise best for the people of 
 Missouri, and best for the perpetuity of their 
 peace, is to vote to have no election. 
 
 Mr. President, I am sorry I have so long 
 wearied, as I have no doubt I have, the feel- 
 ings of this Convention. I have no doubt I 
 have said many things obnoxious, but they are 
 my honest sentiments. 
 
 Mr. WOOLFOLK. I desire to withdraw my 
 
184 
 
 amendment, and reserve the right to offer it at 
 some future time. 
 
 Mr. DOUGLASS. The Convention has just 
 listened to the respectable and populous county 
 of Saline ; and it is fitting and proper that the 
 equally respectable and more populous county 
 of Cooper should also be heard upon this ques- 
 tion. Considering that the question now pend- 
 ing before this Convention is one of the most 
 important which has yet been presented for its 
 consideration, I should be wanting in the duty 
 which I owe to the generous constituency who 
 sent me here, in part, to represent them on this 
 floor, if I did not attempt to speak their senti- 
 ments, and my own, upon this question. 
 
 Great latitude of discussion has been indulged 
 in, and the relations between the General Gov- 
 ernment and the State have been referred to, 
 and many irrelevant and collateral issues have 
 been made before us ; yet, sir, I understand 
 the simple question now for our decision is as 
 to the propriety of adopting the amendment 
 proposed by the gentleman from Clay. What 
 is that ? It is a proposition to postpone and de- 
 fer, perhaps indefinitely, or at least until 1864, 
 the elections in this State ; and as this latitude 
 of discussion has been indulged in, and as 
 other gentlemen have been permitted to go 
 outside the record, I trust equal indulgence 
 will be extended to me. I shall trespass but 
 briefly upon the indulgence of the Convention. 
 Sir, the discussion upon this amendment has 
 developed one peculiar and remarkable feature. 
 Not many moons had waxed and waned since 
 the gentleman contending for a postponement 
 of all the elections, contended with equal per- 
 tinacity, and with more vehement eloquence, 
 for a speedy election for the people. What has 
 wrought this wonderful change in the minds of 
 those gentlemen ? What political sorcerer has 
 produced this wonderful change in their views 
 and opinions ? Why, sir, it struck me with re- 
 markable and peculiar force when these gen- 
 tlemen were addressing the Convention, that 
 the speeches to which we listened here to-day 
 and yesterday were not made to influence the 
 action of this Convention. I trust I shall in- 
 dulge in no personal reflections upon the mo- 
 tives of members I know I will not intention- 
 ally but it struck me, sir, that those speeches 
 were made for home consumption. Why, this 
 Convention, which, a short time ago, was odi- 
 ous and revolutionary, raising up its usurping 
 hands to tear down the Government of the 
 people, has suddenly become one of marvel- 
 lous propriety, and should be continued for all 
 
 time. Why is it ? Why, sir, there is an old 
 proverb which I will venture to translate into 
 English, " We suspect the Greeks when they 
 bring their gifts." There seems to be some 
 design not fully apparent in this wonderful 
 change. We are told that when Saul journeyed 
 from Jerusalem to Damascus, breathing fire 
 and slaughter against the devoted band of the 
 followers of Christ, the scales suddenly fell 
 from his eyes, and he was overcome with pen- 
 itence and sorrow for his previous acts. Sir, 
 there has been but one parallel case from that 
 day to this, and it is found in the wonderful 
 and remarkable conversion of gentlemen who 
 are now contending for the postponement of 
 these elections. But this conversion was not 
 brought about by the same Almighty power 
 that wrought the conversion of Saul. I am 
 forced to believe this conversion proceeds from 
 another and an opposite direction. [Laughter.] 
 We were told by the gentleman that addressed 
 us yesterday, that this is a revolutionary body. 
 Sir, I deny it. It is not a revolutionary body, 
 and it was not organized for revolutionary pur- 
 poses. It was brought into being, or at least 
 the people sent us here for a sovereign pur- 
 pose. True, sir, a traitorous Legislature, by 
 whose act we were called into existence, in- 
 tended that we should be guilty of the enor- 
 mous crime of severing the relations that bind 
 us to the Government of our fathers. But the 
 people in their sovereign and potential voice 
 rebuked the treason that was hatched in this 
 capital. 
 
 I shall not follow gentlemen in their tortu- 
 ous course pursued in this discussion, but I 
 may, with propriety, refer to some of the re- 
 marks of the gentleman from Saline, (Mr. 
 MarmadukeJ Why, sir, what bas there been 
 in the action of this Convention to warrant the 
 declaration which proceeded from him ? Has 
 there been any'hing in our action tending to 
 put the gag in his mouth, or in the mouth of 
 any other gentleman ? Have not the members 
 on this floor had the largest liberty of discus- 
 sion ? And yet, the gentleman got up here, 
 and, with pathetic and mournful intonation of 
 voice, talked about the right to speak with 
 freedom his sentiments, and did speak them ; 
 and although he was not pertinent to the ques- 
 tion now pending, yet we listened to him with 
 the most patient indulgence and attention. 
 Why, sir, he said that the Union members of 
 this Convention were committed against coer- 
 cion, and referred us to the resolution adopted 
 at the first March session of this body to show 
 
185 
 
 that we had resolved to throw our bodies as a 
 bulwark against coercion. 
 
 Mr. MAKMADUKE. The gentleman is mista- 
 ken if he understood me to say that the Con- 
 vention resolved that. I said, sir, that gentle- 
 men who are now members of this Conven- 
 tionsome of them at least when they were 
 candidates, took the position before the people 
 that in the event of an attempt at coercion, on 
 the part of the Government, of the seceded 
 States, they would, if necessary, oppose it with 
 their bodies. I did not say, and I am sorry if 
 the gentleman understood me to say, that the 
 Convention made such a resolution. 
 
 Mr. DOUGLASS. I will not intentionally mis- 
 represent the gentleman, nor any other gentle- 
 man on this floor. I understood the gentleman 
 to refer to the resolution adopted by ibis Con- 
 vention at its March session, and he certainly 
 did so refer to it. Now, to correct the misap- 
 prehension under which he seems to be labor- 
 ing, and, perhaps, under which other gentle- 
 men may also be laboring, I will read the reso- 
 lution then adopted. It is the fifth resolution 
 reported by the Committee on Federal Rela- 
 tions : 
 
 " litsolced, That, in the opinion of this Con- 
 vention, the employment of military force, by 
 the Federal Government to coerce the submis- 
 sion of the seceding States, or the employment 
 of military force by the seceding States to as- 
 sail the Government of the United States, will 
 inevitably plunge this country in civil war, and 
 thereby entirely extinguish all hope of an am- 
 icable settlement of the fearful issues now 
 pending before the country ; we, therefore, 
 earnestly entreat as well the Federal Govern- 
 ment as .the seceded States to withhold and 
 stay the arm of military power, and on nopre 
 tence whatever bring upon the nation the hor- 
 rors of civil war." 
 
 Did that resolution declare that we would re- 
 sist the power of the Federal Government if it 
 attempted to coerce the seceded States into 
 obedience to the laws of the country ? By no 
 means. We simply declared in that resolution 
 that a resort to arms would inevitably plunge 
 the country into civil war, and extinguish all 
 hope of an amicable settlement. This is what 
 we resolved. Will the gentleman deny it 
 that " a rosort to arms would prevent all hope 
 of an amicable settlement?" And yet, now, 
 because these States in rebellion against the 
 Government of our fathers have raised up the 
 red hand of rebellion, and attempted to seize 
 the very pillars of our temple of liberty and 
 
 tear it into ruins ; because the power arid might 
 of the National Government has been invoked 
 to suppress this rebellion, therefore, sir, we are 
 to have that resolution thrown into our faces, 
 and a declaration from the gentleman that he 
 could not stand on the Chicago platform, and 
 that he was not going to stand on the Chicago 
 platform. I trust no person ever thought of 
 charging the distinguished gentleman, I sup- 
 pose I should call him, with attempting to get 
 upon that platform. The gentleman, in the ex- 
 uberance of his imagination, has conjured up 
 "gorgons, hydras, and chimeras dire," with 
 which to frighten us from our propriety. He 
 has set up a man of straw that he might show 
 his skill in demolishing it. Very entertaining, 
 no doubt, to himself and the audience, but to 
 me it seems exceedingly mal appropos to the 
 question. 
 
 I proceed now, Mr. President, to the subject 
 matter under consideration. This Convention 
 has already adopted an ordinance looking di- 
 rectly to the elections that are to come off in 
 this State. Now, sir, for what purpose was 
 this ordinance defining the qualifications of 
 voters adopted ? If these elections are to be 
 postponed indefinitely, why the necessity of 
 placing these safeguards around the elective 
 franchise? Why, sir, it would have been a 
 useless work of supererogation to have at- 
 tempted to hedge around the elective franchise 
 with these prudent safeguards unless we intend 
 to hold this election. I hold, sir, that the prin- 
 ciple on which that ordinance is founded is 
 correct. I hold that men whose garments are 
 stained and tarnished with the blood of treason, 
 and who have endeavored and laboriously strug- 
 gled to tear down this Government, have no 
 right in principle to participate in its manage- 
 ment. The principle, then, is fundamentally 
 correct. Why else, sir, is it that only, citizens 
 of this country are allowed to exercise the 
 elective franchise ? Why is it that men com- 
 ing to this country from foreign nations are 
 first required to become naturalized before they 
 are allowed to vote ? It is because they must 
 show by their own conduct that they are 
 attached to the institutions of the country. 
 That is the principle on which men are allowed 
 to vote. Now, these men who have risen in 
 arms against the country have shown they are 
 not attached to it, and therefore we apply the 
 same rule to them that is applied in the Con- 
 stitution to citizens of a foreign country, and 
 they are not allowed to vote. They have 
 shown they are not attached to our institutions, 
 
186 
 
 and therefore the same rule that excludes men 
 from another country, should exclude these 
 men who are native-born, but who have risen 
 in rebellion. And, sir, it may be asked why 
 we adopted the 17th of December as limitation ? 
 Sir, there was a manifest propriety in it. It 
 will be remembered that the action of this 
 Convention, at its October session, was ex- 
 tended to these erring and rebellious people to 
 come forward and lay down their arms, and 
 return to their allegiance. Many of them have 
 returned. Some, I know of my own personal 
 knowledge, have, with sorrowing hearts and 
 penitential minds, returned to the allegiance 
 they attempted to cast off. I say the good faith 
 of this Convention required that they should be 
 restored and reinstated to their former privi- 
 leges. The invitation was extended to them 
 to return to the house of their fathers, and they, 
 in accepting the invitation, expected they would 
 be treated on returning as one of the old family 
 household. I say, our own good faith required 
 that we should reinstate and reinvest them in 
 the privileges which they enjoyed prior to that 
 time. That was the reason why I voted for 
 fixing the limitation on the 17th of December. 
 Now, sir, as to the question of postponing 
 this election. Some gentlemen say that the 
 people if in a condition to be trusted with a 
 portion of the elections, should also be trusted 
 with all of them. I think, sir, the declaration 
 is correct in principle, and I have no contro- 
 versy to make with it; but with regard to the 
 election of Governor, Lieutenant Governor, and 
 Secretary of State, there is at least an apparent 
 propriety in postponing that election which 
 does not apply to members of the Legislature. 
 Why, sir, the rule which we seem to have 
 adopted in this Convention was to fill all offices 
 made vacant by our action for the residue of 
 the term^. Hence, the office of Attorney Gen- 
 eral, which is filled with such distinguished 
 ability by the presiding officer of this Conven- 
 tion, is filled for the residue of the term. So, 
 also, with the office of Register of Lands, which 
 is filled with honor and distinguished ability 
 by the gentleman from Greene. Why should 
 not the same rule be applied to the offices of 
 Governor, Lieutenant Governor, and Secretary 
 of State ? Hence, I say we can postpone the 
 election of Governor, Lieutenant Governor, 
 and Secretary of State, until the next regular 
 election for those offices, without any incon- 
 sistency. But how is it with the Legislature ? 
 I am perfectly satisfied with the present State 
 Administration, and I believe the people are 
 
 satisfied with it. But, Mr. President, there is 
 an absolute and overpowering necessity for an 
 election of a Legislature. A great many sub- 
 iects of legislation have already been brought 
 before this body ; but, Mr. President, we were 
 not elected for any such purpose. True, Mr. 
 President, I do not doubt the power of this 
 Convention to legislate on any' of these sub- 
 jects, but yet I do doubt the expediency of 
 doing so. It is violating all legislative theory 
 for these subjects of ordinary legislation to be 
 disposed of by one single body. The theory of 
 American legislation requires that there should 
 be two co-ordinate bodies a Senate and House 
 of Representatives. This system has worked 
 well in American legislative experience, and it 
 should not be departed from for any consider- 
 able length of time. Again, sir, if any mem- 
 ber of this Convention, if any citizen of this 
 State, will glance for a moment at the deplora- 
 ble condition of the finances of this State/ the 
 necessity of a Legislature will be forced upon 
 his mind with irresistible conviction. Why, 
 sir, from the report of the Auditor, laid on our 
 table a few days ago, it appears that the reve- 
 nue of the State now is only about $300,000, 
 and the ordinary expenditures of the State 
 reach, perhaps, the same amount. Indeed, I 
 was informed by the Auditor that the ordinary 
 expenses of the State Government would 
 reach, perhaps, $400,000. Here we have only 
 a revenue of $300,000 ; how, then, are we 
 going to provide for the ordinary expenses of 
 the State Government? Is this Convention to 
 do it ? Are we going into ordinary legislation 
 in order to provide material for carrying on 
 the ordinary machinery of the Government? 
 I trust not, sir. In addition to this, w^have a 
 public debt of some $27,000,000 or $30,000.000, 
 and the annual interest on that is between 
 $1,000 000 and $2,000,000. Where is the fund 
 to meet this liability and preserve the integrity 
 of the State in meeting the interest upon her 
 indebtedness? Sir, in addition to this, we 
 have also an impending tax to sustain the 
 National Government; and it is perfectly appa- 
 rent that we must have a Legislature in order 
 to provide the ways and means to carry on the 
 Government and meet its liabilities. Why, 
 sir, unless something of that kind be done 
 unless some means be provided to meet the 
 interest upon our State debt, the ghastly and 
 hideous spectre of repudiation will have to be 
 met. Sir, is there a man in this Convention, 
 or a citizen in this great and powerful State, 
 who wants to degrade and sully its honor by 
 
187 
 
 plunging us into the deep and unfathomable 
 abyss of repudiation ? I trust there is not one. 
 We must, then, have a Legislature ; and I have 
 mentioned this as only one among the numer- 
 ous subjects that will require the assembling of 
 a Legislature. 
 
 What, sir, are the objections to holding 
 an election in August next? It has been 
 tsu'nl the people are not in a condition to elect 
 a Legislature. Sir, are not the loyal men 
 of this State in a condition to cast their suf- 
 frages ? Go where you will throughout the 
 limits of this State, and you will find Union 
 men ready now, as at all times, to discharge 
 every duty which they are called upon to dis- 
 charge, whether to the State or National Gov- 
 .ernment. It may be, sir, that in some of the 
 counties of this State where rebellion has run 
 riot the people are not in a condition to exercise 
 the elective franchise. It may be that in some 
 counties in this State men have grasped the 
 arms of rebellion and have gone off with the 
 rebel armies of Price, Rains, Coffee, and others, 
 who have desolated the Southwestern portion 
 of the State. Sir, is that any reason ? Is it to 
 be told to this Convention is it to be pro- 
 nounced in the ears of loyal men of the State, 
 that because traitors have forsaken their homes, 
 because they have raised their arms in rebellion 
 against the Government, because they have 
 joined the rebellious armies, that the loyal men 
 of the State shall be deprived of their ordinary 
 privileges ? Because these men have forsaken 
 their loyalty and denied their allegiance to the 
 Government, are we to be told that therefore, 
 until it suits their pleasure to return to their 
 loyalty, we shall not hold an election ? Sir, 
 the argument sounded strangely upon my ears. 
 I do not think that this is any consideration to 
 induce the loyal men of the State to postpone 
 their elections. If these men have gone from 
 their own counties if they have not yet re- 
 turned to their allegiance which they attempted 
 to throw off, it is their own wrong ; and I need 
 only remind legal gentlemen of this Conven- 
 tion of the well known principle of law, that 
 " no man should be allowed to take advantage 
 of his own wrong." But it is said we must 
 wait. Wait for what? The gentlemen who 
 have argued the other side have not pretended 
 to say what we should wait for. Sir, the event 
 easts its shadow before it. Why, it seems to 
 me I can see a dark portentous cloud rising up 
 at the Southwest, ready again to burst forth 
 upon this devoted State. Are we to wait until 
 it does come until the fair and fertile fields of 
 
 Missouri are again desolated by the hands of 
 traitors ? Sir, I trust these are not the argu- 
 ments which will influence the Union men of 
 this Convention in postponing the election. It 
 may be in some portions of the State no elections 
 will be held ; but is that any reason, because 
 one or two counties in the district so ably rep- 
 resented by the distinguished gentleman from 
 Iron (Mr. Pipkin) shall fail to send representa- 
 tives to the Legislature is that any reason 
 why the Government of the State should be 
 stopped, or why the ordinary legislative busi- 
 ness should not be attended to and disposed of? 
 I think not. If the people of the district he so 
 ably represents do not choose to hold their 
 election, it is their own fault. 
 
 But let me speak of that which I know, com- 
 ing as I do from one of the most populous 
 counties in the State the very heart and centre 
 of the State geographically. Sir, it was in my 
 own county that this bloody and diabolical 
 drama was first inaugurated. There, sir, within 
 sight of my own town, the first battle was 
 fought. We, sir, have passed through this 
 desolating and fiery furnace of rebellion ; and 
 the loyal men of my county have come through 
 it unscathed, without even the smell of smoke 
 upon their garments. Loyal then, they are 
 loyal to-day steadfast and immovable. The 
 people of my own county raised their own 
 patriotic recruits under the gallant Lyon, when 
 this rebellion first took shape in this State. 
 Sir, they have continued in the service from 
 that day until this ; and a small, noble, gallant, 
 and devoted band of men in my town withstood 
 the shock of rebel hordes that came to massacre 
 them, not in the usual mode of legitimate war- 
 fare, but with the implements and in the manner 
 of savage strife. Loyal then as the people of 
 my county were, they are loyal to-day, and, 
 sir, they have no fear of an election ; and if this 
 election is to be held, I undertake to say here 
 now, conscious of the full import and meaning 
 of the declaration, that the old and patriotic 
 county of Cooper will send up to the Legisla- 
 ture two true and loyal men, whose patriotism 
 and integrity may be relied upon in every 
 emergency. So, also, I know it is in many of 
 the adjoining counties. I have no fear, sir, as 
 to the election of a disloyal Legislature. The 
 people of this State, both loyal and disloyal, 
 have had sufficient of the rebellion, and they 
 are sick and tired of it. They have seen that 
 it carried blood, destruction, and devastation 
 in its pathway ; and now, sir, they want the 
 State to return to that happiness and prosperity 
 
188 
 
 for which God and nature fitted and designed 
 it. So much, sir, in regard to the amendment 
 of the gentleman from Clay. 
 
 In regard to the other feature of that amend- 
 ment proposed by the gentleman from Shelby, 
 that the Governor of the State shall be author. 
 ized to order an election whenever he sees 
 proper, I, sir, am wholly opposed to that. 
 Highly as I esteem the distinguished and hon- 
 ored gentleman who now so worthily fills the 
 executive office in this State, much as the peo- 
 ple of this State love and venerate him, confi- 
 dent as I am and they are in his distinguished 
 ability and in his undoubted patriotism yet, 
 sir, I and they are unwilling to place any such 
 prerogative in the hands of any one man. It 
 is contrary to the genius and to the spirit of our 
 institutions. I am willing to trust the people, 
 and I am unwilling to place this extraordinary 
 discretion this kingly prerogative in the 
 hands of any one man, highly as I esteem, 
 much as I honor him, and confident as I am of 
 the unsullied purity of his character and the 
 unswerving devotion of his patriotism. For 
 these reasons, Mr. President, I shall vote against 
 any postponement of the elections of the mem- 
 bers of the Legislature. 
 
 Mr. DONIPHAN. The distinguished gentle- 
 man from Cooper (Mr. Douglass) has arraigned 
 me, very politely indeed, for having said this 
 was a revolutionary tribunal. I hope that gen- 
 tleman, nor any member of this body, misun- 
 derstood me. I said that but for the rebellion 
 this body never would have been called into 
 existence that it was clothed with extraordi- 
 nary power for extraordinary purposes, and 
 that it alone as a legislative body had the 
 power to combat the rebellion in this State, 
 and that it was therefore revolutionary. I 
 hope the gentleman did not understand me 
 that I considered it was a body to pass the 
 State out of the Union over to rebellion. I in- 
 sisted on its continued existence, because it 
 had been so consistent in all its past action. 
 
 Mr. Moss. I regret very much to see that 
 debates cannot be conducted in this body by 
 honorable gentlemen on this floor without they 
 impugn the motives of their adversaries, and, 
 sir, I am willing an adversary shall use every 
 argument that is legitimate in honorable war- 
 fare ; but I feel it my duty to rebuke the gen- 
 tleman from Cooper for the Pharisaical spirit 
 in which he has conducted his argument on 
 this occasion. The gentleman would intimate 
 to this House that there are no members here, 
 perhaps, who have pure motives unless, per- 
 
 chance, they should be those who are so for- 
 tunate, as the gentleman thinks himself to have 
 been, as to have seen the result of these ques- 
 tions at the start, and never to have changed 
 their opinions or position, and never to have 
 been opposed to a certain policy at one time, 
 and then have had no good reasons to change 
 that policy. 
 
 Mr. DOUGLASS. I expressly disavowed any 
 imputation upon the motives of a single gen- 
 tleman in this Convention. 
 
 Mr. Moss. I am glad to hear the gentleman 
 say that. But his language was unmistakable. 
 He even went back to his classical learning, 
 and warned the members to beware of the 
 Greeks when they bring their gifts. Sir, I 
 would tell that gentleman that a wise man, a 
 magnanimous man, and a patriot, always alters 
 his position when he is satisfied that truth, 
 honor, justice and patriotism demand it. Has 
 that gentleman never changed his views'? Why, 
 sir, I remember when that gentleman worship- 
 ped at the old Whig shrine, when his banner 
 was triumphant ; and that he then thought the 
 Democratic party the embodiment of all that 
 was iniquitous. But when that noble flag was 
 trailed in the dust, when the forces of that 
 party became weakened, the gentleman sought 
 refuge elsewhere. Then this political Saul had 
 a change of heart ; a new light dawned around 
 him, and he humbled himself to the Democra- 
 tic party. I wonder how he would have felt 
 when he knocked for admission into the Dem- 
 ocratic church, if some old patriarch had got 
 up and said, " My brethren, beware of this 
 new convert ! beware of the Greeks bearing 
 gifts ! " 
 
 The light that shone around Saul of Tarsus 
 was a heavenly light; but what light shone 
 around the gentleman from Cooper when he 
 was constrained to enter the Democratic 
 church, remains a secret with the political 
 elders who took his experience on that occa- 
 sion. But, sir, the gentleman has a record in 
 this Convention, and outside of it. He voted 
 for Jackson for Governor, when he knew that 
 he was a secessionist ten years ago. He once 
 offered a resolution in this Convention which 
 declared that Missouri would never aid the 
 Federal Government in an attempt to coerce a 
 seceding State into submission by military 
 force; but I presume the gentleman has dif- 
 ferent views upon that subject now, and he has 
 very good reason for occupying different 
 grounds, or rather for advocating a different 
 policy, now the people of the Southern States 
 
189 
 
 made the issue of battle themselves and left 
 the Federal Government no choice. The gen- 
 tleman once voted to submit the action of this 
 body to the people for ratification. He has 
 since voted to repeal the former ordinance. He 
 voted last fall to postpone the State elections, 
 which he had before voted to be held, because, 
 I presume, he thought the country was not in 
 a condition to hold an election, and yet, when 
 other gentlemen upon this fioor presume to in- 
 timate that the country is still in a bad condi- 
 tion to hold elections, and suggest the propriety 
 of keeping the Provisional Government in ex- 
 istence until quiet is restored, they are met with 
 the charge of having sinister motives. Sir, the 
 people are just beginning to appreciate the 
 merits of the Provisional Government the 
 great military issue which has been absorbing 
 their attention for the last nine months has 
 been virtually settled in Missouri, and they are 
 once more able to reflect upon and properly 
 estimate the advantages of giving full support 
 to the present Government. But, just as this 
 desirable change is being accomplished, you 
 open up the old prejudices and animosities by 
 an attempt to hold an election with obnoxious 
 disabilities placed upon the voters and office- 
 holders. Now, Mr. President, I honestly and 
 conscientiously believe this bad policy, and for 
 that reason I have offered my amendment. I 
 hope nothing I have said will be taken in a 
 spirit of unkindness by the gentleman from 
 Cooper. I have not referred to his past record 
 for any other purpose than to show him the 
 impropriety of attempting to ostracise men for 
 changing their views of public policy in the 
 midst of the ever-changing circumstances of 
 this terrible revolution. I hope that a mag- 
 nanimous and patriotic spirit will animate the 
 bosoms of the members of this Convention, and 
 that fully realizing the importance of the great 
 crisis that is now upon us, no past differences 
 shall interpose with the harmonious action of 
 those who are willing to labor for the future 
 peace and prosperity of our State and country. 
 Mr. WELCH. I desire, Mr. President, to 
 offer a few remarks upon the distinct proposi- 
 tion now before the Convention, in reply prin- 
 cipally to the remarks made yesterday by the 
 gentleman from St. Louis (Mr. Hitchcock), 
 and the speech just made by the gentleman 
 from Cooper. I shall not, Mr. President, un- 
 dertake to extend my remarks into those fields 
 which other gentlemen have explored. I do 
 not propose to discuss politics, the Chicago 
 platform, or any other, but to confine my re- 
 
 marks to the amendment itself. We propose, 
 I believe, to postpone all elections until August 
 1864, unless, in the opinion of the Governor of 
 the State, circumstances may require an earlier 
 assemblage of the Legislature. I do not un- 
 derstand, Mr. President, that this Convention 
 is at all committed upon the question now be- 
 fore it by its action yesterday in regard to the 
 qualification of voters. I think my friend 
 from Cooper has misunderstood the force and 
 effect of that ordinance if he understands that 
 the Convention is in any way pledged by the 
 vote which was taken on yesterday. Now, it 
 is true, I have always voted at former sessions 
 of this body to postpone the elections, when- 
 ever in my judgment the peace, welfare, and 
 material interests of the State required that 
 the elections should be postponed. It is true 
 that when this body met and deposed the Gov- 
 ernor of the State, they proposed a submission 
 of their action to the people of the State for 
 their ratification. But the Convention will 
 recollect the proclamation issued by Jackson 
 at New Madrid a Declaration of Independence 
 in which the relations of Missouri to the 
 Federal Government were severed. It will be 
 remembered that Jackson, as the pretended 
 Executive of the State, declared that, whereas 
 the Convention had submitted this question to 
 the people of the State, that, as for him and his, 
 he had drawn the sword and would submit to 
 no other decision than such as the sword 
 could make; and when it was proclaimed by 
 one party in the State that the voice of the 
 people should not be potential in controlling 
 the affairs of the State, we felt it necessary to 
 declare that no election could be held. Sir, I 
 have at all times, and under all circumstances, 
 desired to submit this question to the people 
 of the State; but if circumstances have trans- 
 pired which the wisest of us could not foresee, 
 I do not understand that gentlemen are guilty 
 of inconsistency if they govern themselves by 
 the circumstances which surround them. 
 While I have voted to adjourn this Convention 
 sine die, I am not willing to do so now. The 
 circumstances now surrounding us are of such 
 a nature, and the character of the dangers 
 which threaten the State with a Military Gov- 
 ernor are of such a nature, that I cannot vote 
 for an adjournment of this body sine die at this 
 time. Sir, there is nothing inconsistent in the 
 proposition introduced by the gentleman from 
 Clay with the previous action assumed by this 
 body. We have always postponed elections 
 from time to time, whenever, in our judgment, 
 
190 
 
 the welfare of the State of Missouri required ; 
 and now, the only question before us to deter- 
 mine is, does the welfare of the State of Mis- 
 souri require an election of the Legislature and 
 a postponement of all other elections ? 
 
 The gentleman from St. Louis (Mr. 
 Hitchcock) has alluded to one important sub- 
 ject, and he thinks the necessity of the case 
 requires an assemblage of the Legislature, and 
 that authority should be placed in the hands of 
 the Governor to see to the railroads of the 
 State. Another proposition is alluded to by 
 t'ie gentleman from Cooper in regard to the 
 finances of the State. My humble judgment 
 is, that both of these subjects of legislation are 
 insufficient to justify the State in incurring the 
 hazards of an election. Now, the gentleman 
 from St. Louis desires a Legislature shall be 
 called for the purpose of ordering a sale of the 
 roads. But what is to become of the millions 
 of private stock in these roads ? If the roads 
 are sold the private stock will be swept away 
 by legislation. Representing, as I do, a con- 
 stituency that has aided largely and generously 
 in the construction of the Pacific Railroad, I 
 do not feel that I wo Id be doing them or my 
 county justice in urging the adoption of a 
 course that would forfeit all these private sub 
 scriptions. But, sir, as far as the question of 
 the finances is concerned, I think my friend 
 from Cooper does not understand the question 
 at all. Does he suppose that if this State is on 
 the eve of bankruptcy, that this Legislature 
 can save it ? Does he suppose that that body 
 is authorized to coin money? Can they coin 
 money and pay this debt 1 ? Can they coin 
 money to meet the January and July interest 
 on the State debt? Assuredly not. But the 
 money must come out of the pockets of the 
 people of the ^tate by taxation, and the laws 
 are now all sufficient for that purpose. If the 
 gentleman from Cooper w ill examine the re- 
 venue law of the State, he will find there is 
 already sufficient authority for the collection 
 of the revenue of the State. He has alluded to 
 the fact of the report of the Auditor that only 
 $300,000 in taxes for the year 1861 had been 
 received into the treasury. But, sir, if a Le- 
 gislature shall meet, will they bring it in any 
 faster? Why, in a large number of counties 
 thsre are no collectors ! Can a Legislature 
 bring the money into the treasury without col- 
 lectors ? I repeat it distinctly, that there is all 
 the machinery necessary for the collection of 
 the revenue of the State, and it would be use- 
 less to provide any more. Do you want money 
 
 to pay the State debt? If so, you must raise 
 it by taxation ; but I apprehend the people are 
 not prepared for increased taxation at this time, 
 and I assert it without fear of contradiction, 
 that there is no necessity for the passage of 
 one solitary general law of the State, unless I 
 might, perhaps, except an act for the support 
 of the Government, which is nothing more 
 than an act to appropriate money from the 
 treasury to the different funds to which it is 
 usually appropriated. My friend from St. 
 Louis thought that was a tremendous work 
 the passage of an appropriation bill making ap- 
 propriations for the different funds necessary 
 to carry on the Government. Why, I have 
 seen these bills passed in this Hall and it never 
 took more than five minutes to dispose of them. 
 Then look at the expenditure of a Legislature. 
 There are the laws and journals to be publish- 
 ed, and a thousand incidental expenses which 
 always attend the assembling of our Legisla- 
 ture, besides the $5 per diem of one hundred 
 and sixty-six members in the two branches. I 
 repeat then, Mr. President, why the necessity 
 of calling a Legislature ? and I defy any gen- 
 tleman on this floor to take the statutes of this 
 State and show that there is any actual neces- 
 sity for the assembling of a Legislature. If 
 hereafter a Legislature should be required, 
 thn the Governor could issue a call for one. 
 But even that meets with the objection of the 
 gentleman from Cooper. He designates it as 
 a " kingly power," but, instead of being such, 
 it is one which is authorized by the Constitu- 
 tion ; and whenever in his judgment it is re- 
 quired, the Governor is fully empowered to 
 call a session of the Legislature. These, Mr. 
 President, are my views in regard to this 
 matter. I believe, sir, that the future welfare 
 of the State requires that the condition of peace 
 which is now upon us shall be permitted to 
 remain. As has been remarked by other gen- 
 tlemen, there are thousands of men who are 
 now quietly yielding their support to the Pro- 
 visional Government who have heretofore bit- 
 terly opposed it, and the peace and quiet of the 
 State is increasing every day. Now, sir, I can 
 see no necessity for this Legislature, and as I 
 b?lieve it will be attended with trouble in the 
 different precincts where an election can be 
 held and there are hundreds of places where 
 it cannot be held I am unwilling to incur the 
 responsibility of ordering an election. Gov- 
 ernor Jackson, as I remarked before, said the 
 question should be settled by the sword, and 
 iiis supporters will follow out that declaration. 
 
191 
 
 Believing, therefore, that the welfare of the 
 State and our best interests will be promoted 
 by postponing the flections, 1 have felt eon- 
 strained to support the amendment of the gen- 
 tleman from Clay. 
 
 Mr. PHILLIPS. Mr. President, this Conven- 
 tion will bear me evidence that I have not con- 
 sumed much of its time during its sessions, 
 and I should not now trespass upon its delibe- 
 rations but for the remarkable speech of my 
 respected colleague from Saline. He, sir, has 
 seen fit to arraign me before this body and the 
 country for inconsistency. I thought the gen- 
 tleman might have been content to defend his 
 own varient record without calling attention to 
 mine. It may be that both have changed our 
 original positions. But the difference is I have 
 varied to the side of my country and patriot- 
 ism, while he to that of treason and open re- 
 bell'on It is true, with him, in the canvass, I 
 spoke against coercion. But the difference be- 
 tween us was that I cut with a two-edged sword, 
 and he with a one-edged sword. Mine cut 
 north and south, while his cut only northward. 
 I was opposed to coercion. But I was opposed 
 to the South coercing the Government as well 
 as the Government wrongfully coercing the 
 South. But, sir, when the rebels of South Car- 
 olina fired upon and insulted our National flag; 
 when she opened her batteries upon our fort 
 and its heroic garrison ; when the astounding 
 development was made that Secretary Flo} T d 
 had scattered our navy to the most distant 
 ports, and enabled the South to rob mints, ar- 
 senals, and dockyards ; when it was discovered 
 that a plot, deep, dark and foul, existed in the 
 South to tear down the very temple of our lib- 
 erties, there was presented but two alterna- 
 tiveseither to side with the Government and 
 patriotism, or with rebels and treason. I chose 
 the former, the gentleman the latter. What 
 record has he made ? The Bast amendment 
 proposed that in the event Virginia, Maryland, 
 North Carolina, Tennessee, Arkansas, and 
 Kentucky, seceded, Missouri should join them. 
 He voted no. And yet, when only a part of 
 these States seceded, he is for going with Sa- 
 line county, and leaving Kentucky, Missouri, 
 and Maryland behind. 
 
 The gentleman has resurrected the dead 
 corps of the " Home Guards" organization. 
 Had there been no " State Guards" there would 
 have been no " Home Guards." The outrages 
 of the former begot the latter. " Salus popuii 
 suprema lex esto" was inscribed on the banner 
 of the latter. They may have arrested many 
 
 peaceful citizens in Saline, but Gen. Pope, at 
 Milford, bagged and hived about five hundred 
 more of these peaceful citizens from Saline, 
 who, with horses and wagons, stolen from the 
 Government, were making their way to " Dix- 
 ie's land," in search of their "rights," and 
 they all got their "rights" in the Alton peni- 
 tentiary. 
 
 I am no friend, no admirer, of Jennison. He 
 deserves a niche in a felon's cell. But does the 
 gentleman not know that the Government, so 
 far from countenancing his vandalism, sent 
 Major Marshall from Sedalia one of the most 
 gallant an'l noble men who ever wore a uni- 
 form to drive Jennison from the State. He 
 did go ; but before he had gone thirty miles on 
 his mission, he was assassinated by one of the 
 gentleman's chivalrous friends ! He sees rapine, 
 desolation and outrage only in the march of 
 the Federal army. He forgets that the Com- 
 mander-in-Chief of his rebel army proclaimed 
 to the world that he had done what no other 
 General in all war history had been able to do 
 that is, he had maintained in the field an army 
 of twenty thousand men, for a summer's cam- 
 paign, without costing a cent. Then, as a mat- 
 ter of course, he had stolen everything con- 
 sumed, or given State scrip, which is not worth 
 fifteen cents by the housefull, screwed down 
 with a tobacco press. [Laughter.] The histo- 
 ry of that army is one of blood, plunder, con- 
 fiscation and outrage upon society ; and yet, 
 the gentleman can see nothing there to con- 
 demn. 
 
 He says he is "subjugated." Great God! 
 if he talks such treason when "subjugated," 
 how " rantankerous" he must have been before 
 he was subdued ! How must he have breathed 
 vengeance, fire and blood when he had "ample 
 scope and verge enough" to ventilate his spleen 
 against the Government ! I congratulate the 
 gentleman upon his confession. I used to be a 
 submissionist when the gentleman belonged to 
 the chivalry who would "shed the last drop 
 of blood" before they would submit to "Lin- 
 coln despotism." Now he is "subjugated" 
 without the loss of the first, much less the last, 
 drop of blood ! I commend the gentleman to 
 the tender mercies of a charitable public. 
 
 Mr. President, I am free to confess that the 
 proposition now before the Convention is not 
 without its difficulties and perplexities to my 
 mind. I have been greatly exercised to know 
 where the path of duty lies in this matter. And, 
 sir, after much deliberation upon this subject, 
 my conviction is that the interests of the State 
 
192 
 
 would be best subserved, that the peace of 
 the State would be speedily restored, and that 
 its life would be best preserved, by going to 
 the people at once, at the ordinary election in 
 August next. Now, how far this election should 
 go, and to what extent, must be determined 
 solely by the necessities of the case. This 
 Convention ought not to be governed in its de- 
 liberations here by any personal or party con- 
 siderations, but they ought to act solely with 
 regard to the public welfare. I was opposed to 
 having an election last year, because at that 
 time the State was not in a condition to hold 
 an election. Then, sir, there were one hun- 
 dred thousand armed men in the State, count- 
 ing both sides. There was not a precinct, 
 hamlet, or neighborhood, in the whole State of 
 Missouri, where there were not armed bodies 
 of men. The public mind was so excited that 
 it was not in a condition to consider and reflect 
 upon the civil affairs of the Government. But, 
 sir, how is it now ? Comparative peace pre- 
 vails throughout all our borders. The armies 
 have been removed from the State, and only a 
 sufficient number of troops are left for the en- 
 forcement of law and order. It has been con- 
 tended here, sir, by the friends of no election 
 that the people of Missouri have grown tired 
 of this war, and are ready to lay down their 
 arms and return to their allegiance to the Gov- 
 ernment. Well, if there has been any virtue 
 and force in this argument, surely, sir, the man 
 who desires that the loyalty of this State shall 
 be sacred at the ballot-box, can raise no possi- 
 ble objection to having an election in August 
 next. We have heard much, Mr. President, 
 about returning to the old order of things. It 
 would be like the old order of things to have a 
 good old-fashioned election in August next. 
 The people of the State have been accustomed 
 to go to the ballot-box and arbitrate all ques- 
 tions of State and National policy in that peace 
 ful manner. They have been accustomed to 
 appeal to ballots, and not bullets ; and if the 
 public mind is in such a happy condition as was 
 represented here a few days ago by the oppo- 
 nents of this restrictive act, surely they are in 
 a condition to go to the polls, and express their 
 choice for the people who are to make the laws 
 and control the civil offices of the Government. 
 I have no fears, Mr. President, about the result 
 of the election, and I ha/e no doubt its moral 
 influence will do more towards restoring the 
 old order of things in the State of Missouri 
 than twenty battles. 
 
 Mr. President, I desire to know whether 
 
 these repentant rebels are in earnest when they 
 come back and proclaim their loyalty and alle- 
 giance ; for if this war is to be fought over in 
 Missouri, I say let it come now and quickly, 
 or, as my friend from Buchanan says, "while 
 we have the guns in our own hands." After 
 the sad experience of Missouri during the last 
 year; after the sad experience of all those men 
 who have gone in a vain search after their 
 rights, and who have tried to live on cotton 
 without salt; after the restrictions thrown 
 around the ballot-box; after the prestige of 
 victory that perches on our standard wherever 
 it goes, surely loyal men in Missouri have 
 nothing to fear from the consequences of an 
 election in August. Mr. President, it is ad- 
 mitted by the most stringent opposers of an 
 election that there must be an election for Con- 
 gressmen. They are opposed to a general elec- 
 tion because they do not wish to agitate the 
 questions now before the public mind ; yet, 
 these same gentlemen are in favor of a Con- 
 gressional election. What issue that most 
 concerns the public mind would be discussed 
 by the candidates for county offices and would 
 not be discussed by the candidates for Con- 
 gress ? Sir, the whole nation, the whole civil- 
 ized world, look forward with apprehension, 
 fear and trembling to the mighty issues to be 
 brought before the next National Legislature. 
 Questions that Avill determine the future glory 
 and destiny of the whole country will be 
 brought before the consideration of that Legis- 
 lature. And, sir, can it be that the candidates 
 before the people who are to discuss such pow- 
 erful and mighty issues as these will produce 
 less agitation throughout the State than those 
 men canvassing for county offices and the Le- 
 gislature. I tell you the Congressional canvass 
 will convulse the State from centre to circum- 
 ference, and all these issues that the country is 
 seeking to avoid, by seeking to postpone, will 
 be thrust upon the people, however determined 
 they may be to avoid them. 
 
 Mr. President, there are questions for legis- 
 lation in this State that, to my mind, are im- 
 perative. Questions of reliefs and remedies, 
 of finance, of railroads, of crimes and punish- 
 ments, are daily thrust upon us, and are suf- 
 fering and perishing for want of a Legislature. 
 The wheels of government must stop in the 
 State unless a Legislature is elected. I know 
 in many counties sheriffs have resigned their 
 offices rather than run the risks of attempting 
 to collect the revenue, while others have been 
 nduced to serve processes and execute judg- 
 
193 
 
 ments under the promise that a Legislature 
 would be elected this summer, and that they 
 would be relieved. Sheriffs cannot collect the 
 necessary revenue. They have become liable 
 on their bonds for it, and they have been in- 
 duced to assume a personal risk, with the ex- 
 pectation of having relief from the Legislature. 
 And is this Convention now going to suffer 
 these patriotic men, who, at the hazard of their 
 lives and the risk of their property, came up 
 boldly and executed the civil laws of the 
 gtate, are you going to permit these men, for 
 the want of a Legislature, to be ruined 1 Mr. 
 Pre.-ident, the amendment proposes to invest 
 the Executive with extraordinary powers, the 
 policy of which is questionable. It proposes 
 that there shall be no election, and that the 
 Governor shall make the necessary appoint- 
 ments. Sir, I believe the people prefer to elect 
 their own county officers. The gentleman 
 from Johnson (Mr. Welch) says that this au- 
 thorizing the Governor to call the Legislature 
 is no new exercise of power, because there is 
 a provision in the existing law of this State 
 enabling the Governor to do that. That is 
 quite a different proposition. There is no law 
 enabling a Governor to call a Legislature that 
 is not in existence. The Governor may, at 
 any time, call a Legislature that is in existence, 
 but here it is proposed to leave it entirely to 
 the Governor whether he will call a Legisla- 
 ture or not. Mr. President, I would be willing 
 to trust him as far as any man, and I have the 
 most unbounded confidence in his .patriotism, 
 judgment and honesty ; but I believe the peo- 
 ple would think it was taking the power from 
 them, and I am wholly opposed to it. 
 
 Mr. HOWELL. It has become quite common 
 here to impugn the motives of gentlemen who 
 advocate a certain policy ; and as I, sir, pro- 
 posed and reported to this house the proposi- 
 tion contained in the amendment, I propose to 
 submit a few remarks in relation to the course 
 of the gentleman from Monroe his course out- 
 side the Convention, and also inside. Now, 
 sir, the gentleman from Monroe, if he knows 
 himself, and he thinks he does, slightly, lias 
 always been a very conservative gentleman. 
 He has always opposed the radicalism and 
 agitation growing out of the negro question, 
 whether that agitation was in the North or 
 South, and whether it was in the North or 
 South carried on by unprincipled demagogues 
 
 Mr. HITCHCOCK. I do not understand that 
 the negro question, which some gentlemen 
 
 13 
 
 seem determined to force upon us, is before 
 the Convention, and I, therefore, call the gen- 
 tleman to order. 
 
 Mr. HOWELL. Sir, the gentleman from Mon- 
 roe has no disposition to agitate this question. 
 Mr. President, I voted against the repeal of the 
 Missouri Compromise when there was hardly 
 another man in my district that did it, because 
 I believed it would have a bad effect. I voted 
 against Mr. Henderson, and also against Mr. 
 Anderson, and always have been opposed to 
 the agitation of this negro question. These 
 are, and have been, the antecedents of the gen- 
 tleman from Monroe, outside of this Conven- 
 tion. When I was a candidate for this Con- 
 vention I took occasion to fully set forth my 
 position before my constituents, and they un- 
 derstood it very well. I told them I was loyak 
 to the Constitution of the United States ; that 
 I believed secession would be no remedy for 
 the ills we were laboring under ; that a rebel- 
 lion would be the utter destruction of the slave 
 States, and only end in the utter desolation and 
 destruction of our State; and that opinion, sir, 
 I still hold, and I have never modified that po- 
 sition here or at home. Sir, can any gentle- 
 man in this Convention, or most of the mem- 
 bers of this Convention, say they occupy to- 
 day, in this Convention, precisely the position 
 they occupied at the time of the assembling of 
 this Convention, and, sir, anterior to this Con- 
 vention, at the time they were candidates be- 
 fore the people ? Now, when Jackson first is- 
 sued his proclamation declaring war against 
 the United States, I had an opinion as to what 
 ought to have been done at that precise time, 
 and I expressed that opinion in my own local- 
 ty very freely ; and, sir, I had a correspon- 
 dence with various gentlemen of this Conven- 
 tion at that time as to what ought to have been 
 done. The Convention was finally called, Mr. 
 President. The whole country was filled with 
 excitement. The military had been precipita- 
 ted on the country, and when we assembled 
 here we assembled in the midst of passion and 
 prejudice of every description, and I doubted 
 at that time the propriety of this Convention 
 intervening, as we had delayed action so long. 
 I believed then that the issue was to be met by 
 the military authorities, and that the action of 
 this Convention would only further complicate 
 our difficulties. I believed that issue would 
 have to be determined by the General Govern- 
 ment on the one side, and the sympathizers of 
 the Southern Confederacy on the other, before 
 any legislative action could be had, and conse- 
 
194 
 
 quently I preferred delaying action until that 
 issue had passed, and the people had become 
 satisfied what their political status in the Un- 
 ion would be. If I erred, it was an error of 
 the head and not of the heart. When the 
 Convention deposed the Governor and the Le- 
 gislature, and repealed the odious laws of the 
 last session of the Legislature, I believed that 
 this Convention, according to the theories of 
 such bodies, had the power to do that thing. I 
 went home and justified the exercise of that 
 power as a legal question before my people, 
 and when I could scarcely get an audience to 
 give me a hearing. I voted for H. R. Gamble, 
 and for your present Lieutenant Governor and 
 Secretary of State, because, on looking over 
 the field from which we could select, I was sat- 
 isfied they were as good material as we could 
 select within the boundaries of the State, and 
 my course has ever been fixed since that. In 
 what has it been inconsistent with my present 
 position ? I have not only been loyal in rela- 
 tion to the position of Missouri, but to the 
 duties I thought we owed our membership in 
 this Convention. Although I was satisfied 
 that a large portion of my people disagreed 
 with me about the most of these things, I have 
 obeyed every summons to appear here in this 
 body. I was here in July, and at St. Louis in 
 October, and I am here again to-day ; and 
 whenever duty requires me to be here, I, sir, 
 shall be loyal to that duty if I have the physi- 
 cal ability to carry it out. 
 
 But, in regard to this proposition. It matters 
 but little to me what opinion gentlemen may 
 have of my course here or elsewhere. I voted 
 last Fall to continue the election until August 
 next, because I believed it could not be held 
 consistently with the welfare and interests of 
 the State ; and I believe an election cannot now 
 be had so as to promote its interests. I be- 
 lieve an election now will only complicate our 
 difficulties. Is this a rebel or disloyal propo- 
 sition 1 Does it squint towards it in the slight- 
 est degree ? Not at all. On the contrary, it 
 is a proposition to make this Government 
 strictly loyal, from the highest officer to the 
 lowest, from Governor to Constable. Now, I 
 apprehend, that the authors and movers of the 
 proposition have no other desire than to keep 
 this Government in the loyal track and, 
 sir, at the same time, as far as possible, to har- 
 monize the country. But, sir, it is said that by 
 the amendment offered by the gentleman from 
 Shelby, we are empowering our Governor with 
 kingly powers and prerogatives. Sir, the gen- 
 
 tleman who gave utterance to that sentiment 
 certainly could not have matured it in his own 
 mind. The power, as was well remarked by 
 the gentleman who preceded me, exists in the 
 President of the United States to convene, on 
 extraordinary occasions, the Congress of the 
 United States. The Governor, under the Con- 
 stitution, has power to convene the Legislature 
 in times of emergency ; and now, Mr. Presi- 
 dent, I want to know whether the gentleman 
 has not in this Convention, time and again, vo- 
 ted for the bestowment of this kingly power 
 upon the Executive of the State, where I pro- 
 pose to leave it. Sir, at the July Convention 
 did he not vote that the Governor should con- 
 vene this body whenever the public exigencies 
 required it ? Did he not renew the demand 
 in October, and require the Governor, whenev- 
 er he thought proper, to convene this body? 
 Has there been any exercise of that kingly 
 power to which the gentleman refers ? Sir, 
 my faith in the integrity, patriotism and abil- 
 ity of that gentleman to exercise the position 
 of Chief Magistrate has not been so impaired 
 as that I cannot continue to trust this power 
 in his hands. 
 
 Mr. DOUGLASS. I should not have felt it at 
 all necessary to trouble the Convention with 
 any further remarks had it not been for the 
 course of argument pursued by the gentleman 
 from Clay. The gentleman from Clay has 
 seen fit, in order, it seems, t" convict me of 
 some political inconsistency, to refer back to 
 old party associations. "Why, sir, I had sup- 
 posed that such an humble individual as my- 
 self, one who has engaged so little in the 
 political tournaments in Missouri in past days 
 that my position upon old, dead party issues 
 was riot known beyond the limits of my own 
 county. But it seems, sir, it has become known 
 in the county which the gentleman from Clay 
 represents with so much distinguished ability 
 here. Why, he told this Convention that I 
 had once been a member of the Whig party, 
 and that I had changed and gone into the 
 Democratic party. And, sir, he evidently en- 
 deavored to produce a great deal of cachination 
 by sketching a fancy picture of myself about 
 to enter the grand councils of the Democratic 
 party. Sir, I was a member of the Whig 
 party; but if I have not read history incorrect- 
 ly, and if I have not been misinformed, the 
 gentleman from Clay forsook the Whig party 
 before I did, and placed himself upon a plat- 
 form which declared that the party he was 
 then acting with had risen upon the ruins of 
 
195 
 
 the Whig: party. He, sir, was guilty and | did, I might say, because he helped to put 
 those who acted with him of the crime, if it Jackson in the gubernatorial chair, he was 
 was a crime, of assassinating the Whig party, himself a traitor. But the gentleman is re- 
 Sir, if I remember rightly, the gentleman at one | pentant, and I do not desire to overhaul his 
 time in his political career it was only a short accord further, 
 time ago that the gentleman might have been 
 seen groping his uncertain way with stealthy 
 steps, and by the uncertain glimmer of a dark 
 lantern, up into some obscure garret, and there, j Mr. DOUGLASS. Did you not vote for John 
 with three knocks, asking admission into the Bell for President? 
 dark and secret councils of a Know-Nothing j Mr. Moss. Yes, because he was for the 
 
 Mr. DOUGLASS. Who did you vote for? 
 Mr. Moss. Sample Orr is the man who got 
 my vote. 
 
 party. My garments are guiltless of the blood 
 
 of the Whig party, 
 much? 
 
 Can the gentleman say as 
 
 Union, the Constitution, and the enforcement 
 of the laws. But you voted for Jackson be- 
 cause he offered the Jackson resolutions and 
 
 I may as well notice a remark made by the announced himself a secessionist more than 
 
 presiding officer of this Convention, and re- 
 peated by the gentleman from Monroe. The 
 gentleman says, in substance, that it would be 
 as proper to confer upon the Governor of this 
 State the power to say whether there shall be a 
 Legislature or not, as to confer upon him the 
 power to call an existing Legislature. Sir, 
 there is a vast difference, and one which is 
 apparent to the mind of the most superficial 
 observer. What is it we propose to invest the 
 Governor with ? The power to declare whether 
 we shall have any Legislature or not not 
 whether a Legislature shall be convened in 
 
 extraordinary session, 
 is wrong in principle. 
 
 I say the proposition 
 It is right to give the 
 
 Governor the power which the Constitution 
 confers on him to call an existing Legislature 
 into extraordinary session j but, sir, has it ever 
 before been heard of, in the history of Ameri- 
 can legislation, that the chief Executive of the 
 National or State Government should be in- 
 vested with the power to say whether there 
 should be any legislative body or not? Sir, 
 that power is a kingly prerogative ; it is placed 
 only in the crowned heads of Europe; and, I 
 trust in God the day will never come when any 
 Executive magistrate in this country will be 
 invested with such a. power. 
 
 Mr. Moss. I wish to make a personal ex- 
 planation. I fear the gentleman from Cooper 
 misunderstood the object and purpose for which 
 I reviewed his past history this morning. It 
 was not to show the gentleman had been in- 
 consistent; it was not to harrow up any 
 unpleasant feelings in his bosom, but to show 
 him his record, and that it was wrong to impugn 
 the motives of others because they may happen 
 to differ in opinion from the gentleman himself. 
 The gentleman has said his hands are guiltless 
 of the blood of the Whig party. Well, I will 
 not charge him with anything of that sort ; if I 
 
 with having voted for Claib. Jackson, 
 believing him to be an honest man. 
 
 fifteen years ago. [Laughter.] 
 
 The Convention then adjourned until 2 
 o'clock. 
 
 AFTERNOON SESSION. 
 
 Met at 2 o'clock. 
 
 Mr. DOUGLASS. The gentleman from Clay, 
 not satisfied with going back and digging up 
 the reminiscences of fossil parties, charges me 
 
 I did so, 
 I heard 
 
 him upon the stump, in various parts of the 
 State, make fervent and eloquent Union 
 speeches. The Douglas party, who looked 
 to Stephen A. Douglas as their great and 
 gallant leader, also supported Jackson for Gov- 
 ernor ; and the leader of that party was always 
 true to the Constitution of his countiy; and his 
 expiring breath was devoted to an exhortation 
 to the American people to stand by the Con- 
 stitution of their fathers. But there is a 
 remarkable difference between the gentleman 
 from Clay and myself. When I discovered the 
 treason of Jackson, that he was a traitor to the 
 Constitution and the laws of his country, I 
 voted to hurl him from his seat in disgrace. 
 How was it with the gentleman from Clay? 
 He hugged the traitor to his bosom and refused 
 to turn him from office, and by his action in- 
 directly voted to retain him in office after his 
 treason was patent and manifest to the whole 
 country. 
 
 Mr. Moss. I forgive the gentleman for 
 voting for Jackson, notwithstanding he knew 
 he had been a traitor for fifteen years. The 
 gentleman knew he was a traitor at the time 
 he voted for him ; but I forgive him, and am 
 ready to shake hands and let by-gones be by- 
 gones. 
 
196 
 
 Mr. SOL SMITH. These reminiscences are 
 very interesting, but quite foreign to the matters 
 befoi e us. After the very able discussion here 
 this morning I think the most able I ever heard 
 on any subject anywhere it would be little 
 less than ridiculous for me to say anything on 
 the subject. I only wish to give my reasons for 
 the vote I shall give ; and I do it now, because 
 I consider it out of order v;hen my name is 
 called. I held a little caucus last night up in 
 my room at Dr. Brunz's house, and discussed 
 the matter in my own mind, and came to certain 
 conclusions, which I put down on paper. In 
 the morning I doubted whether I had come to 
 the right conclusion ; for I must say I had a 
 great many doubts how to vote. I moved a 
 reconsideration, and then, to get rid of that, I 
 chose to move to lay that motion on the table, 
 and it was carried unanimously I voting 
 affirmatively. These, Mr. President, are the 
 few reasons I wish to give. 
 
 I am satisfied, Mr. President, that a majority 
 of my constituents are in favor of allowing the 
 regular election for members of the General 
 Assembly to go on. Being so satisfied, it is 
 enough tor me. I came here to execute their 
 will, and not to indulge in any fancy of my 
 own on this or any other subject. I shall vote 
 to retain the Governor, Lieutenant Governor, 
 and Secretary of State in their places until the 
 regular election under the Constitution in 1864, 
 because I believe that will meet the wishes 
 and agree with the judgment of the people who 
 elected me, as well as those who voted against 
 our ticket. Another reason for keeping in 
 office the present incumbents is this : we know 
 these men ; and if the fears of some of our 
 honorable members are well founded, and there 
 is danger of electing a radical Legislature 
 radical on any subject here we have and will 
 have a Governor ready to interpose the veto on 
 any radical legislation. 
 
 Independent of these considerations, how- 
 ever, there is one consideration which outweighs 
 all others with me. The people should be 
 allowed to resume the powers the immense 
 and almost unlimited powers with which they 
 have clothed us. If no Legislature is permitted 
 to be elected we shall be obliged to come to- 
 gpther again, and our action would inevitably 
 dwindle down to the smallest kind of local 
 legislation, a specimen of which is recorded in 
 the p oceedings of yesterday. The people 
 trusted us I am willing to trust them and 
 with the guards we have felt it to be our du'y 
 to throw around the ballot-box, I do not doubt 
 
 a Legislature will be elected which will be loyal 
 to the Union and loyal to the State. I vote 
 against the amendment. 
 
 Mr. BIRCH. A single word, Mr. President, 
 in explanation of the vote I shall record upon 
 this amendment. Acting upon the view of 
 legislative duty which was denoted in my re- 
 marks of yesterday, I shall of course not 
 hesitate to co operate with others in rendering 
 this ordinance as consistent and as perfect as 
 may be, so that if it shall finally pass, (as I 
 trust it may not,) it may be at least referable 
 to the same general reason. After thus voting 
 upon the various amendments, my sense of 
 propriety will most probably restrain me from 
 voting at all upon the question of its final 
 adoption, particularly as my friend from 
 Buchanan, (the Lieutenant Governor,; who, it 
 is presumed, will feel somewhat similarly em- 
 barrassed with myself, will most probably 
 repeat the example of delicacy with which he 
 furnished us upon a former and analogous 
 occasion during the last session at St. Louis. 
 For the present, therefore, concurring in what 
 has seemed to me the unanswered and unanswer- 
 able arguments of the delegates from Clay, I 
 shall cast my vote upon the same theory, which 
 is, that if we are not in a condition to elect a 
 Governor and Lieutenant Governor, we are at 
 least in no better condition to elect such a Legis- 
 lature as could alone be desirable to co-operate 
 with the present executive authorities in restor- 
 ing again the public tranquility, and recon- 
 structing ane w the public prosperity. Desiring, 
 therefore, that a proposition which, to my 
 understanding, is not legitimately divisible, 
 shall be embraced for consideration in the same 
 ordinance, I too shall vote aye. 
 
 Mr. McFERRAN. Occupying the position I 
 do, sir, with reference to the ordinance before 
 (he Convention and the preceding amendment 
 to it, 1 feel it my duty, sir, to discuss the 
 amendment for a brief period. Mr. President, 
 of all debates and all questions that I have 
 ever heard discussed in legislative bodies, the 
 amendment of the gentleman from Clay has 
 elicited more discussion in proportion to its 
 merits than any I ever knew of before. What 
 is there in that amendment to recommend it to 
 the wise discrimination of this Convention ? 
 Some gentlemen say lhat if we can elect a 
 part of the officers, we can elect them all j but 
 unfortunately for the gentlemen who favor the 
 amendment of the gentleman from Clay, that 
 argument proves too much, and it will leave 
 us unrepresented in the councils of the nation. 
 
197 
 
 In a crisis like this, no man will pretend for a 
 moment that the elections for Congressmen 
 shall be dispensed with, or that this State shall 
 not be represented in the Congress of the 
 United States. Tf this is so, sir, will not this 
 Congressional election bring up all the points 
 of excitement that an election for State Sena- 
 tors and Representatives would bring up? I 
 say the argument proves too much, and leaves 
 our State in these most perilous of all times 
 unrepresented in the Congress of the nation. 
 Then, as we are forced to have an election and 
 necessity demands it, why not elect a Legisla- 
 ture and other county officers? The amend- 
 ment has no merit when it comes to be sifted 
 to its foundation. But other gentlemen have 
 argued it on the economy question. Why, 
 Mr. President, is the difference in the expense 
 between a Legislature and that which will be 
 incurred by this body in undertaking to legis- 
 late, to be estimated in this thing? I think 
 not. Again, if gentlemen think we have too 
 many members, and that the Constitution can 
 be amended, and that this body is competent 
 lo do if, then the number of members of the 
 General Assembly may be reduced, and in that 
 way the Legislature may be but little more 
 'xpensive than this body. But, sir, I take it 
 lhat this question of economy amounts to 
 nothing in this matter. It is trifling with 
 .questions of great magnitude to bring the 
 jueslion of economy here and attempt to in- 
 luce members to support an amendment like 
 ihis upon that principle. There is no economy 
 n it. There is no reason, Mr. President, why 
 the election should be postponed, but there is 
 every jeason why it should take place. The 
 distinguished gentleman from Clay (Mr. Don- 
 iphan), in a speech that he made the other 
 day, enunciated the correct principle. He said 
 that rebellion and civil law could not exist in 
 the same body politic at the same time that 
 the inauguration of rebellion was the overthrow 
 of law and order, and the suppression of re- 
 bellion was its restoration. I agree with that 
 principle. The inauguration of rebellion in 
 this State inaugurated anarchy, and law and 
 order were overthrown, and have remained so, 
 in a great measure, till the present time. Gen- 
 tlemen say that the Union delegates here 
 favored the postponement of the election last 
 October. That is true ; and the reason they 
 >iostponed it was, the State was not then in a 
 condition for an election. But mark you the 
 difference in Missouri between that time and 
 this : at that time the rebel flag was floating 
 
 in a large portion of the State and. hostile rebel 
 forces held control of one-fourth of the State. 
 Is that so now, Mr. President? Has not the 
 rebel flag disappeared ? Where is the Govern, 
 ment now in the State that raises its hostile 
 head to the Government of the United States 
 or the Provisional Government of the State of 
 Missouri? There is no such thing. The hos- 
 tile armies have disappeared from .the State; 
 there is no hostile force here that can be dig- 
 nified by the appellation of an organized mili- 
 tary force ; but the distinguished gentleman 
 from Clay argued that we were in the midst 
 of a rebellion, and for that reason the civil law 
 could not be enforced. There are those Amer- 
 ican people in this country, and individuals 
 everywhere, that will favor the rebellion ; that 
 are still hoping for something in the dim fu- 
 ture, and that amid the throes of rebellion, 
 anarchy, and civil war, something may turn 
 up for the people of the rebellious counties in 
 this State. Sir, these men are running loose 
 through the State. Armies have done what 
 they could to restore the State to peace, pros- 
 perity, and happiness, and it must hereafter be 
 left to the civil authorities to remedy the dis- 
 orders of the body politic. Sir, we must have 
 a civil victory, because peace has its victories 
 no less than war. t tell you, Mr. President, 
 there must be a civil victory in this State to 
 reap and secure the rewards of the military 
 victory which has been achieved over rebel- 
 lion, anarchy, and discord. Then, sir, stand- 
 ing upon the principle announced by the gen- 
 tleman from Clay, that the restoration of law 
 is the suppression of rebellion, the sooner the 
 machinery of Government is put in force the 
 better it will be; but there will be no end to 
 this rebellion until the civil authorities resume 
 their wonted sway and importance in the State. 
 Another thing, sir. As it stands at present, 
 there are those in every township and neigh- 
 borhood throughout the State who claim that 
 they are Unionists, in favor of the Union ; that 
 they are desirous of peace and anxious to see 
 the troubles of war ended ; but, sir, if a mili- 
 tary force was to come within their midst and 
 proffer to them protection from the Federal 
 forces, they would immediately, as in times 
 past, propose to engage again in the rebellion. 
 But, sir, if we have an election and make issue 
 with these men, we can firmly re-establish the 
 peace of the State. But again, Mr. President, 
 the amendment of the gentleman from Clay, 
 without merit as it is, ought to be defeated 
 almost without argument; because, sir, it is 
 
198 
 
 clear beyond all contradiction, that that amend- 
 ment is wrong, whether the original proposi- 
 tion is right or not. It has been argued hete, 
 sir, that the Convention heretofore provided 
 an election for Governor, Lieutenant-Gover- 
 nor, and Secretary of State, and the pro- 
 position now is to postpone that election. 
 Admit that is the truth , does it at all 
 sustain the position of the amendment of the 
 gentleman from Clay ? Not at all, sir. The 
 people of this State, under constitutional laws, 
 have no right at this time to elect the Gover- 
 nor, Lieutenant-Governor, and Secretary of 
 State; but under the constitutional laws of the 
 State, they have a right to elect a Legislature 
 and all other officers to be elected at a general 
 election. Now, sir, the amendment of the gen- 
 tleman from Clay, not only goes to the extent 
 of postponing the election, first, for Governor, 
 Lieutenant-Governor, and Secretary of State, 
 but goes to the extent of suspending all the 
 election laws of the State at one fell swoop. 
 Is the Convention prepared to do it? Are you 
 prepared to do this, when, in order to secure 
 the peace of the State, it is necessary to achieve 
 a victory at the polls, and when that victory 
 is within the grasp of loyal men ? The amend 
 ment of the gentleman from Clay seeks to 
 avoid responsibility and place it upon the Gov- 
 ernment of the State. I am not afraid, sir, 
 that the present Executive would not properly 
 discharge the responsibility, but I would not 
 yield to such a precedent. I would not let 
 posterity have it to say that our forefathers 
 yielded so important a principle as this and 
 dared not face the responsibility that restec 
 upon them. How easy it is to place upon th 
 backs of others what we have not the courage 
 to do ourselves. Cannot the Convention say 
 whether they will or will not have an election 
 without throwing it upon the Executive and 
 without yielding this principle of the right oJ 
 the people to elect their own Representative 
 under the constitutional laws of the State? 
 
 Mr. DONIPHAN. Let me ask the gentleman 
 if he would not act cowardly in shifting the 
 responsibility of managing the affairs of thii 
 State from this Convention to the Legislatun 
 that you want to call here. Talk about coward 
 and we will see. 
 
 Mr. MCFERRAN. No, sir. This Convention 
 was not elected for legislative purposes. 
 
 Mr. DONIPHAN. Has it not assumed legis 
 lative powers and done a great deal a Legisla 
 ture would not do and could not do? 
 
 Mr. MCFERRAN. I answer, the Conventioi 
 
 as not assumed any other legislative action 
 lan was absolutely necessary and imperative 
 nder the circumstances. 
 
 Mr. DONIPHAN. That is all I want them to 
 o now. 
 
 Mr. MCFERRAN. This Convention never 
 
 vas elected for legislative purposes ; and if the 
 
 lection is to be postponed, let the Convention 
 
 ssume the responsibility of postponing it; if it 
 
 s to go on, let them assume that responsibility. 
 
 f I understood the speech of the gentleman 
 
 rom Clay, the other day, I understood him to 
 
 make the argument that when the Legislature 
 
 assembled, the existence of this Convention 
 
 would be terminated. 
 
 Mr. DONIPHAN. Yes, sir. 
 
 Mr. MCFERRAN. The Convention can reg- 
 ulate its own adjournment. 
 
 Mr. DONIPHAN. Just so ; and if the gentle- 
 man from Daviess wills it, I have no doubt this 
 obsequious Convention will obey to suit him. 
 
 Mr. MCFERRAN. Mr. President, this Con- 
 vention has a will of its own 
 
 Mr. DONIPHAN. And a way of its own. 
 
 Mr. MCFERRAN. Whether this Convention 
 s obsequious or not, it will be for the Conven- 
 tion to determine. I, Mr. President, have 
 discharged my duties as faithfully as I could, 
 and in as fair a spirit, but I do not charge no 
 matter what the Convention may do I do not 
 charge that it is done from any improper 
 motives or spirit. Another thing : It is abso- 
 lutely necessary, as argued by the gentleman 
 from Cooper, that we should have a Legisla- 
 ture. It has been argued that the laws oC the 
 State are all-sufficient. Mr. President, there 
 never was a time in the history of the State 
 when more legislation was called for than at 
 the present time. The legislation pressing on 
 the Convention now shows its absolute neces- 
 sity. Why, sir, there are a great many claims 
 against the State that are pressing at the door 
 and asking that they may be recognized claims 
 of parties who have sold their property to the 
 State for military purposes. There is no legis- 
 lation upon the statute book that will meet these 
 cases, and none that would relieve sheriffs. Is 
 the Convention going to engage in special 
 legislation, such as the Legislature of this State 
 will be called upon to do if one is elected? 
 Mr. President, I have detained the Convention 
 as long as I desire. 
 
 Mr. PIPKIN. I intended, Mr. President, not 
 to trouble the Convention with any further 
 remarks, after what I said a day or two ago, 
 but it seems I have been on some occasions 
 
199 
 
 referred to by gentlemen who have discussed 
 this matter before the Convention. I desire 
 to be understood ; and if my remarks, as I 
 uttered them a few daya ago, are reported cor- 
 rectly, I think I will be understood. 
 
 But I have been accused of having changed 
 my views with regard to the Provisional Gov- 
 ernment that I was opposed to deposing 
 Claib. Jackson and inaugurating a Provisional 
 Government. I want it distinctly understood 
 that I have never yet fallen in love with the 
 Provisional Government not that I have any 
 objection to the honorable gentlemen who form 
 that Government, because I take it the State 
 could not have made a better selection than 
 that made by this Convention ; but I objected 
 to it because it was taking from the people a 
 power which this Convention, as I conceived 
 and then said, had not the right to do. I wish 
 to be understood as saying that I have the ut- 
 most confidence in the Governor and all those 
 who have been appointed by this Convention. 
 The people chose one of two evils, and are dis- 
 posed at the present time to put up with the 
 Provisional Government until such period of 
 time as they can meet at the polls and elect for 
 themselves. The reason I am opposed to 
 bringing on the election, and in favor of allow- 
 ing the present Government to remain, is that 
 the whole State is not in a condition to meet at 
 the polls and give a calm and dispassionate 
 judgment on a matter of this importance. This 
 is what I said the other day, and I now reiterate 
 it. I said then, as I do here to-day, that I was 
 opposed to bringing on the election at an early 
 period. I was in favor of postponing the elec- 
 tion in October last from November to August 
 next 5 and now the question is, shall we post- 
 pone that election which is to come in August 
 next to another period ? I am called upon to 
 give my judgment on that, and I give it honestly 
 and in all candor, as I did before, that this is 
 no time to bring on any election in Missouri. 
 Why? Because, as I have said, restrictions 
 have been thrown around the elective franchise, 
 and the people have only about six weeks to 
 digest this important action, and in many por- 
 tions of the State this action would not reach 
 them, and they will not be prepared to vote at 
 at so early a period after the adjournment of 
 this body. 
 
 Mr. President, what we do now will not be 
 made public in a large portion of the State of 
 Missouri. I do not know how it is in other 
 portions of the State, but I take it for granted 
 that the condition of affairs in other portions 
 
 of the State is but little better than in my own, 
 for there are numbers here who have been 
 compelled to abandon their homes for monlhs 
 past, and who have not been home since the 
 session of this body in July last. Then I take 
 it that in other portions of the State the same 
 difficulty exists that exists in my own portion 
 of the State. I am compelled, under the exist- 
 ing circumstances, to act according to the best 
 of my judgment, without consulting the will of 
 my people. I may never know what tho will 
 of my people is. I cannot visit them at their 
 places of abode, nor can they communicate 
 with me, so I am unable to know what their 
 desire is. I am opposed as much as any man 
 to taking from the people that which properly 
 belongs to them. I am willing to submit to 
 them the election and choice of all officers 
 which, by the Constitution and laws of the 
 State, should be submitted to them, but I am 
 opposed to having an election submitted to the 
 whole people of the State when one portion of 
 the people are bound hand and foot by military 
 organizations. No election could be held in 
 many places. There are no officers to issue the 
 poll books or distribute them, and under these 
 circumstances my people could not blame me 
 for withholding from them the elective fran- 
 chise, when, if it were bestowed on them, they 
 could not go to the polls and cast their votes 
 understandingly, as we have been in the habit 
 of doing. I reiterate again, sir, that the people 
 of the State have become satisfied that the 
 Government of the State is in good hands ; and, 
 while they may not be satisfied wilh the manner 
 in which the officers of the Provisional Gov- 
 ernment have been put in, they are willing to 
 submit to the party in power and acquiesce as 
 good citizens, until such time as they can have 
 a free, equal, and unbiased election. 
 
 With these remarks, sir, explanatory of my 
 position here, and for the purpose of not being 
 misrepresented as giving my adhesion to the 
 Provisional Government, I will conclude. I 
 am not at all inconsistent. I cast my vote now 
 as I have always cast it, and it is my judgment 
 it is inexpedient to bring on an election at the- 
 present time. 
 
 Mr. STEWART. I think the whole object of 
 this Convention was closed the moment we 
 threw restrictions around the voters, com- 
 pelling them to take the oath and making them 
 subject to the penalties of perjury. Now, it is 
 said, " elect a Legislature, but let the Governor, 
 Lieutenant Governor, and Secretary of State 
 remain in." I would like to know what good 
 
200 
 
 reason there is for such a course. The people 
 expect that if we do anything we will call an 
 election arid elect the whole thing; and if we 
 fail to do this, we violate the first principles of 
 civil liberty. When the proposition comes up 
 I shall vote against the amendment of the gen- 
 tleman from Clay, and then vote for electing a 
 Governor, Lieutenant Governor, and Secretary 
 of Slat*, as well as a Legislature. And I shall 
 do this because I believe it is right, because I 
 believe the interests of the State require it, and 
 because I believe if we do not do it. we will 
 never bring about a state of peace and harmony. 
 If these vile traitors should come back from 
 Price's army, we shall be prepared to meet 
 them at the polls. We have thrown proper 
 restrictions around them, and are as well pre- 
 pared to elect all Ihe State officers as we are to 
 simply elect a Legislature, 
 
 The VICE PRESIDENT. The question is on 
 agreeing to the amendment offered by the gen- 
 tleman from Clay. 
 
 The yeas and nays were demanded. The 
 vote was taken and resulted : Yeas 29, nays 40. 
 
 So the amendment was lost. 
 
 The VICE PRESIDENT. The question is on 
 the passage of the ordinance. 
 
 The yeas and nays were demanded. The 
 vote was taken, and resulted ayes 31, noes 35. 
 
 So the ordinance was lost. 
 
 Mr. DUNN, (in explanation of his vote). Mr. 
 Piesident, I arise for the purpose of giving the 
 reasons which influence me in giving the vote 
 that I am about to give against the ordinance 
 postponing the election of Governor, Lieuten- 
 ant Governor and Secretary of State. I am one 
 of the members of the Convention that opposed 
 the establi.-hment of the Provisional Govern- 
 ment, but after the Convention resolved to es- 
 tablish the Provisional Government, I voted 
 for all three of the gentlemen who till those 
 offices. I believed Governor Gamble to be 
 honest, able and patriotic, and I cheerfully 
 voted for him for Provisional Governor. Be- 
 lieving the same in regard to the other two of- 
 ficers, I also voted for them. And I have no 
 reason to regret having voted for them. They 
 have fully met my expectations, by the able 
 manner in which they have discharged their 
 official duties. They are all old friends of 
 mine. Governor Gamble presided with distin- 
 guished ability as Judge of the Supreme Court, 
 the other two gentlemen (Mr. Hall and Mr. 
 Oliver) successively represented the distiictin 
 which I reside in the Congress of the United 
 States, and I often travelled around the Fifth 
 
 Judicial Circuit with the latter gentle-man, he 
 as Circuit Attorney, and myself as Judge 
 and he was for many years a near neighbor of 
 mine. Cherishing, as I do, a high regard for 
 all three of these gentlemen, I do not oppose 
 the postponement on account of any the 
 slightest objection to either. I am opposed 
 to the postponement of any of the elections, 
 except the Congressional election. At present, 
 we elect our representatives in Congress eigh- 
 een months before they take their seats, and 
 hat election might properly be postponed, as 
 recommended by the Governor, for the reason 
 mentioned by him that they may come fresh 
 from the people. And yet, no member has 
 proposed any postponement of that election. I 
 voted for the amendment of the gentleman from 
 Clay (Mr. Moss) for the purpose of placing 
 the election of a Legislature upon the same 
 footing as the election of the State officers, for 
 the reason given by my colleague from Clin- 
 ton, (Mr. Birch,) to perfect the ordinance, in- 
 tending to vote against the whole ordinance, 
 being opposed to postponing any of the elec- 
 tions except the election of Representatives in 
 Congress. I know that the people of the dis- 
 trict which I have the honor, in part, to repre- 
 sent are in a condition to hove a fair and free 
 election, and I believe that the people of the 
 greater portion of the State are also ; and be- 
 lieving that the election should be held, I will 
 vote against the postponement. 
 
 Mr. PIPKIN, (in explanation). Inasmuch as 
 the Convention has decided to bring on the elec- 
 tion of Representatives, I think the people are 
 as competent to elect a Governor, and I shall, 
 therefore, vote against a postponement. 
 
 SOLDIERS TO VOTE. 
 
 On motion of Mr. MCFERRAN, the bill to en- 
 able citizens of Missouri now in the service of 
 the United States, or the State of Missouri, to 
 vote, was taken up and read as follows : 
 
 AN ORDINANCE TO ENABLE CITIZENS OP 
 THIS STATE, IN THE MILITARY SERVICE 
 OF THE UNITED STATES, OR THE STATE 
 OF MISSOURI, TO VOTE. 
 Be it ordained by the People of the State of Mis- 
 souri in Convention assembled, as follows : 
 SECTION 1. That the commander of any com- 
 pany of Missouri Volunteers of Militia in the 
 service of the United States, or of the State of 
 Missouri, who, or any members thereof, are 
 qualified voters under the laws of this State, 
 shall, on the first Monday in August next, and 
 at every subsequent election held under the 
 
201 
 
 laws of this State during the present war, cause 
 an election to be held by the members of such 
 company for officers to be elected at such elec- 
 tion. 
 
 SEC. 2. The commanders of such companies 
 shall cause a sufficient number of poll books to 
 be made out for each company, properly laid 
 off into blanks, with the necessary heading, 
 and certificates attached, and cause them to be 
 delivered to the judges of election, on or be- 
 fore the day of such election. 
 
 SEC. 3. Three good discreet and disinterested 
 persons, members of such company, being qual- 
 ified voters under the laws of this State, shall 
 be appointed judges of such elections by such 
 company commanders, who shall administer 
 the following oath to such judges before they 
 enter on their duties: " I do solemnly swear 
 (or affirm) that I will impartially discharge 
 the duties of judge of the present election ac- 
 cording to law, and the best of my abilities. 
 So help me God." 
 
 SEC. 4. Said judges shall appoint two clerks 
 who, before entering on the duties of their ap- 
 pointment, shall take an oath or affirmation, to 
 be administered by one of the persons so ap- 
 pointed as judges of the election, that they will 
 faithfully record the names of all the voters, 
 and distinctly carry out in lines and columns the 
 name of the person for whom each voter votes. 
 
 SEC. 5. At the close of each election the 
 judges shall certify, under their hands, the 
 number of votes given for each candidate, 
 which shall be attested by their clerks, and 
 transmit the same, together with one of the 
 poll books, by one of their clerks, or by mail, 
 to the Clerk of the County Court in which the 
 voters are entitled to vote, without delay. 
 
 SEC. 6. Poll books shall be opened for as 
 many counties as there are members in such 
 company entitled to vote in such counties; and 
 at such election only such persons shall be al- 
 lowed to vote as could vote under existing laws 
 if in their proper precincts, which vote shall be 
 taken and sent to the proper county as provi- 
 ded in this ordinance. 
 
 SEC. 7. When more than one company votes 
 at the same post or station, or belonging to the i 
 same battalion, regiment or division of the ar- 
 my, the judges of said election may cause one 
 messenger to carry the poll books to the dif- 
 ferent counties. 
 
 SEC. 8. Any one of the judges of election, 
 under this ordinance, are authorized to admin- 
 ister oaths to test the qualifications of voters 
 and to prevent frauds. 
 
 SEC. 9. Each Clerk of the County Court shall, 
 in not less than fifteen nor more than twenty 
 days after the election, take to his assistance 
 two Justices of the Peace, of his county, or 
 two Justices of the County Court, and examine 
 and cast up the votes given for each candidate, 
 including the votes received by virtue of this 
 ordinance, and give to those having the highest 
 number of votes a certificate of election. 
 
 SEC. 10. The votes given at such company 
 election shall be given by vivavoce, or by tick- 
 ets handed to the judges, and shall in both ca- 
 ses be cried in an audible voice by one of the 
 judges of the election, or by some person ap- 
 pointed by such judges for that purpose, and 
 noted by the cleiks in the presence and hear- 
 ing of the voters. 
 
 SEC. 11. Judges and clerks of said compa- 
 ny elections failing or neglecting to discharge 
 any duty required by this ordinance, or the 
 laws now in force, shall be subject to the pen- 
 alties prescribed by law, and may be prosecu- 
 ted in the county to which such returns are re- 
 quired to be made. 
 
 SEC. 12. Every person, not being a qualified 
 voter according to the Constitution and Jaws 
 of the State, who shall vote at any election, 
 under this ordinance, knowing that he is not 
 entitled to vote ; or, any person who shall, at 
 the same election, vote more than once, either 
 at the same or different places of voting, shall, 
 upon conviction, be adjudged guilty of a mis- 
 demeanor, and be punished by fine, not exceed- 
 ing fifty dollars, nor less than twenty dollars, 
 or by imprisonment in the county jail not ex- 
 ceeding three months, arid shall be liable to in- 
 dictment and conviction in any county to which 
 such votes, or either of them, shall be returned. 
 
 SEC. 13. Persons voting under this ordinance 
 shall not be required to take the oath required 
 to be taken by any ordinance of this Conven- 
 tion, testing the loyalty of the voter. 
 
 SEC. 14. The election returns of votes cast 
 at the different precincts in the counties shall 
 be made to County Clerks, in all respects, ac- 
 cording to the statute laws now in force, and 
 all acts required to be done under existing laws 
 within a given time after examining and cast- 
 ing up the books, shall be done within the time 
 required by existing laws, after the time fixed 
 for examining and casting up the poll books, 
 under the ninth section of this ordinance. 
 
 SEC. 15. This ordinance shall be in force 
 from and after its passage, and is subject to re- 
 peal at any time by the General Assembly of 
 this State. 
 
202 
 
 Mr. SMITH of Linn offered the following 
 amendment : " Provided such volunteer militia 
 are within the State of Missouri." 
 
 The amendment was disagreed to. 
 
 Mr. ORR. I will not inflict any speech on 
 this Convention, but with a view of explaining 
 the vote I shall give, I wish to make a remark. 
 It is useless for a conservative man to oppose 
 anything in this Convention. It is throwing 
 words away. I have endeavored to keep this 
 Convention from drifting into radical measures, 
 but I have failed in every instance. Now 
 talk about men in the service of the United 
 States voting, who maybe in New Orleans! 
 Why, sir, let me refer to a solitary instance 
 that happened in Tennessee. The vote on the 
 secession ordinance was referred to the people 
 of Tennessee (in a horn), and at a certain pre- 
 cinct they sent up seven hundred votes for se- 
 cession from a regiment, when there were but 
 seven votes polled. Now, sir, is it possible 
 that while we are here trying to guard the 
 ballot-box, we are at the same time going to 
 cut loose from every safe precedent? I shall 
 vote against the whole proposition, let men 
 impugn my motives as they may. 
 
 Mr. HITCHCOCK. I have given this matter 
 a great deal of consideration. As a member 
 of the Committee on Elections, of course it 
 came immediately under my notice. I have 
 inquired very carefully and anxiously of gen- 
 tlemen in this Convention and elsewhere, as 
 well as of officers in the army whom I thought 
 more capable of forming a correct judgment 
 than I was myself in reference to this matter. 
 It is to be desired that these brave men who 
 are perilling their lives for us and for our 
 country should vote. I trust I desire this as 
 fully as any member of this Convention. But 
 it is one thing to desire that a thing should be 
 done, and it is quite another thing to demon- 
 strate that it can be practically and properly 
 done. I will not detain the Convention by 
 going over the difficulties which lie in the way 
 of this ordinance as it is now. I do not think 
 it necessary to assume at all, as implied by the 
 remarks of the gentleman from Greene, that 
 because such enormous and infamous frauds 
 have been committed in secession camps, there 
 is danger of similar frauds in our camps ; but 
 when I remember the fact that men in the 
 military service are away from home, are to a 
 great extent not fully conscious of what is 
 going on there, as to who are the candidates 
 or what are the local issues when I remember 
 also the influences that are likely to be brought 
 
 to bear upon our soldiers when they are hun- 
 dreds of miles away from home, I feel that we 
 are stepping aside from all precedents and 
 doing that which never has been done before, 
 and I cannot think it is wise or for the true 
 interests of the State that this action should be 
 taken. I have not been convinced that it is 
 right, or that it can be done. I desire very 
 much that the votes of those who sympathize 
 with me in behalf of the Union should be cast. 
 I need not say that I should expect, as far as 
 the Union question was concerned, every vote 
 would be cast as I desired. But the principle 
 is bad, and I never saw a bad principle which 
 if followed did not lead to a bad result. I can- 
 not adopt a bad principle, even though promis- 
 ing inducements are held out. Believing the 
 proposition wholly impracticable as it stands, I 
 shall be compelled to vote against it. I was, 
 however, in favor of the amendment allowing 
 soldiers to vote only within the State, but that 
 has been voted down, and I think the proposi- 
 tion now has no merit whatever. 
 
 Mr. WOOLFOLK. Mr. President, I conceive 
 that this proposition is nothing but a simple 
 act of justice to our brave soldiers. It costs 
 the State nothing, and the charge that it is re- 
 volutionary has no foundation, because Penn- 
 sylvania and other States have provided that 
 soldiers not in the limits of the State shall be 
 entitled to the right of suffrage. These men 
 are interested in our elections. They are men 
 who have recently gone from their homes, and 
 they are men who ought, from the very nature 
 of the case, to have a voice in declaring who 
 shall represent their interests in the Legisla- 
 ture and elsewhere. We ought not to prohibit 
 them from the right of suffrage simply because 
 their duties as soldiers have taken them be- 
 yond the limits of the State. 
 
 Mr. JACKSON. A short time since my fel- 
 low soldiers and myself were called from the 
 north part of the State to the south-west. Our 
 regiment is made up of citizens of North Mis- 
 souri, of men who have left the pleasures and 
 comforts of a home and gone forth to defend 
 their country. Our interests are all in North 
 Missouri, and it would seem no more than just 
 that we should be allowed to vote. I do hope 
 that the members of this honorable body will 
 be willing to extend to us the privilege of the 
 elective franchise. I think it would be unjust 
 to deprive us of the right to vote. All our in- 
 terests are identified with the State, and we 
 have gone forth in good faith to help defend 
 our country. This proposition, it seems to 
 
203 
 
 me, would do us great injustice. I, therefore, 
 hope the liberal sentiments of this body will 
 be exercised so as to extend to us the right of 
 suffrage. 
 
 Mr. BRECKINRIDGE. I wish to make a sin- 
 gle suggestion. I have been so much engrossed 
 with other matters of interest, that really I 
 have not given the ordinance under consider- 
 ation sufficient attention to enable me to vote 
 understandingly. In order that we may fully 
 understand the bill, I move that it be postpon- 
 ed until to-morrow morning. 
 
 Mr. McFERRAN. I move are-consideration 
 of the vote on the amendment of the gentleman 
 from Linn. 
 
 The motion was agreed to and the bill was 
 then postponed. 
 
 MISCELLANEOUS. 
 
 The ordinance in relation to the Register of 
 Lands was taken up. 
 
 Mr. POMEROY moved to lay it on the table, 
 but withdrew the motion to allow Mr. Orr to 
 explain the object of t^e bill. 
 
 On motion of Mr. SMITH of St. Louis, the 
 bill was postponed until to-morrow. 
 
 Mr. ALLEN offered a resolution that the 
 Convention adjourn on Saturday. 
 
 Mr. BRECKINRIDGE. I suggest that the re- 
 solution is premaure. 
 
 Mr. HITCHCOCK. It amounts to this that 
 if we want to adjourn on Saturday we will, and 
 if we don't we won't. 
 
 Mr. VANBUSKIRK offered the following : 
 
 Resolved, That this Convention will adjourn 
 when it gets through its business. 
 
 The VICE-PBESIDENT declared it out of 
 order. 
 
 On motion of Mr. SMITH of St. Louis, the 
 resolution was laid on the table. 
 
 Mr. IRWIN introduced an amendment to the 
 State Constitution as follows : First, the eighth 
 section of the third article of the Constitution 
 is hereby abolished and the following adopted 
 in lieu thereof. "After the first day of Septem- 
 ber, 1862, the general election shall commence 
 on the third Monday in October, and shall be 
 held biennially." 
 
 Mr. IRWIN. The general election now takes 
 place in August, at a time when it is not con- 
 venient for all classes of society to go to the 
 poils. It would suit them much better in this 
 respect if the election were held in October. 
 Another objection to the present time of elec- 
 tion is, that the month of July is taken up by 
 candidates in canvassing for different offices. 
 I have the interests of the candidates at heart, 
 and, although I never expect to canvass for 
 any political office, I take some interest in 
 their welfare. I know it is exceedingly un- 
 pleasant for candidates to have to canvass 
 during the excessively hot weather, and as I 
 have remarked, the farming community are 
 very much engaged at that season of the year, 
 and they cannot spare time to hear the various 
 matters which are discussed in the canvass^ 
 Now, sir, as the law stands the election takes 
 place five or six months before the Legisla- 
 ture meets, and issues often arise in the mean- 
 time that were not discussed in the canvass. 
 By the amendment which I propose, the elec- 
 tion would transpire but two months before the 
 meeting of the Legislature. 
 
 The bill was referred to a select committee, 
 consisting of Messrs. Irwin, Douglass and 
 Dunn, and the Convention then adjourned. 
 
 TENTH DAT. 
 
 JEFFERSON CITY, Mo., 
 Thursday, June 12, 1862. 
 
 Met at 9 o'clock. 
 
 Prayer by the Chaplain. 
 
 Mr. ROWLAND. I find several members are 
 anxious for a reconsideration of the vote on the 
 bill to continue the present Provisional Gov- 
 ernment in office. I think myself there are 
 
 some of the best reasons in the world for 
 continuing the present Government in office, 
 and I therefore move to reconsider the vote. 
 
 Mr. HOWELL. I expect to vote, as far as I 
 am individually concerned, for the proposition 
 to reconsider the vote. I desire, however, to 
 ask the gentleman a question : whether, in case 
 the motion is carried, he is prepared to move a 
 reconsideration of the vote that was taken on 
 
204 
 
 the report of the minority of the Committee on 
 Elections, in order that we may make some 
 fair adjustment of both these propositions on a 
 basis that may be satisfactory to the Conven- 
 tion and country. 
 
 Mr. ROWLAND. I can answer the gentleman 
 in this way. T cannot promise that I will move 
 a reconsideration. I think there are strong 
 reasons why we should retain the present 
 officers of the Provisional Government. I think 
 reasons exist in its favor that do not exist in 
 regard to other elections. I think the State of 
 Missouri is in great want of a Legislature; I 
 think it is for the interest of Missouri that we 
 should have a Legislature elected. If we fail 
 to elect such a Legislature as the people desire, 
 why, sir, by continuing the present Government 
 in office we shall then have a proper check 
 upon the body politic. I think it is necessary 
 to have many laws now on the statute books, 
 and that are detrimental to the interests of the 
 State, repealed ; and therefore I cannot promise 
 that I will vote to open an election for other 
 officers of the State. 
 
 Mr. HOWELL. 1 do not desire to discuss the 
 proposition at all. I merely want to institute 
 an inquiry of the gentleman, and of other gen- 
 tlemen who occupy the position of that gentle- 
 man, why they cast the vote they did last 
 evening? 
 
 Mr. SHANKLIN. The gentleman has pressed 
 his proposition with great pertinacity for one 
 that has no merit in it. Let him bring it up 
 independently, and not encumber every other 
 proposition with it. 
 
 Mr. HOWELL. That has been ray policy 
 during the whole term ; but, from causes not 
 necessary to explain, I was to some extent 
 precluded from pursuing my own policy. 
 
 The ayes and noes were then demanded, and 
 the motion to reconsider the vote by which the 
 ordinance continuing the Provisional Govern- 
 ment in office was i ejected, was agreed to. 
 
 Mr. SHACKELFORD of Howard. It would 
 have agreed better with my feelings to have 
 said nothing, but I cannot forbear, since the 
 Convention seems to require a warning voice 
 just now. Let us stop one moment and think 
 of the effect of our vote upon the proposition 
 as it stands at the present time. I deem it my 
 duty to explain my position on this question. 
 My constituents desire that we shall have no 
 election while bayonets are in the land; they 
 conceive it perfectly inexpedient for the ballot 
 and the bayonet to mingle together. I voted, 
 therefore, for the postponement of the elections. 
 
 It is positively necessary for the peace and 
 quiet of the country that they shall be post- 
 poned. If we have a civil election, if any 
 vestige of liberty is left when the storm has 
 subsided, then we must have a free and open 
 election, and the people must have the right to 
 choose their officers from Governor down. 
 Gentlemen may cry peace when the bayonets 
 are in the hands of the military, when there is 
 no peace. Then, sir, why shall we send forth 
 to the people this proposition, that the Con- 
 vention believe they are capable of choosing a 
 Legislature, but have not capacity to choose a 
 Governor and other officers ? 
 
 Now, sir, I believe that the military in its 
 proper place is a necessity, and I adopt it as a 
 necessity upon the same principle that I would 
 administer a dose of disagreeable medicine to 
 heal a man that was sick. When the necessity 
 ceases, when the time of peril is past, then let 
 those gentlemen who have stepped forth to 
 defend their country lay aside the sword, and 
 assume the duties of civil life ; and then we can 
 have an election on the same basis as hereto- 
 fore, and the ballot-box then, and then only, 
 will assume its proper position. Commingled 
 together, the sword and the ballot-box engender 
 strife at every election, and the consequence 
 will be the sword will not depart from this 
 land so long as you and I live, even though we 
 live out our allotted period of three score years 
 and ten. Then the only thing that will keep 
 peace in this country is for gentlemen who 
 have hastily voted down the amendment offered 
 by the gentleman from Clay to move a recon- 
 sideration of that proposition, and when the mat- 
 ter comes up, to postpone the whole. It can be 
 done, and that only, in my judgment, will have 
 the effect of producing peace and quiet. 
 
 Mr. CALHOUN. I want to make a remark 
 or two. I suppose the Convention will see 
 that I have never been very noisy in it; but, 
 Mr. President, one of the strongest proofs, to 
 my mind, that we cannot have an election is 
 the spirit that is manifested in this Convention. 
 Mr. President, when we were elected I thought 
 it was for the purpose of cultivating a kind 
 feeling towards each other, and to take into 
 consideration the welfare, harmony, and peace 
 of the State. Now, Mr. President, is this spirit 
 manifested in the Convention to-day ? I have 
 no desire to indulge in anything like person- 
 alities, but is it not plain and manifest that 
 there is wire-working going on, and a disposi- 
 tion on the part of the Convention to get their 
 favorites into office? I am always glad when 
 
205 
 
 I see a man manifesting a repentant spirit, and 
 am ready to forgive him. 
 
 Circumstances beyond my control prevented 
 me from attending the meeting of this Conven- 
 tion last year, but I endorsed Iheir action to a 
 great extent ; yet it seems the very men in whom 
 we have confidence, the very men of our own 
 choice, are sought to be made the victims of a 
 certain party in this Convention, who desire 
 to cut their heads off. Now, these gentlemen 
 set a trap for the purpose of accomplishing 
 their object, hut unfortunately they were caught 
 themselves. 
 
 Will any man say we can have a peaceable 
 election in August next ? Why, every man 
 know.-* that in the most peaceable times there 
 is a great deal of excitement when the election 
 comes round. Do you suppose it will be less 
 so when the people are in a disturbed condition ? 
 The strongest Union man in my county desires 
 to postpone the election. The people are be- 
 coming better satisfied with the Provisional 
 Government; they say it has worked better 
 than they expected ; but if we are to have an 
 election it will produce a fresh disturbance. 
 
 I have been sorry to see gentlemen bringing 
 up old reminiscences, criminating and recrimi- 
 nating. It reminds me very much of Sutan 
 reproving sin ; and, without any reflection upon 
 these gentlemen, it reminds me that when rogues 
 get to quarrelling, honest men get their dues. 
 
 Now, gentlemen, what is ihe object of this 
 reconsideration? Tell us what you have in 
 view. I am willing to postpone all elections, 
 because I believe it would bring peace and 
 harmony to the State. 
 
 Mr. President, I left my native land when 
 only a boy to enjoy the liberty of these United 
 States. I had read of the blessings mjoyed by 
 the American people, and of their rights and 
 privileges, of the right to vote, the light to 
 worship God, and all that, and I came here to 
 enjoy these privileges ; but now, sir, what have 
 we done ? Why, sir, you have disfranchised 
 your native-born citizens. I do not think you 
 have acted wisely; I believe we should recon- 
 sider our action. There is no man for whom 
 I have a higher regard than Governor Gamble. 
 He is the right man in the right place. And 
 now, gentlemen, I hope you will act cour'eous 
 towards us; and as we voted for your measure 
 over which you felt sorry, I hope you will now 
 vote for the substitute of my friend from 
 Monroe. I have no motive in view but the 
 peace and harmony of the State. I am no 
 trickster; and, gentlemen, this great cause of 
 
 sustaining our Government is near to my heart, 
 although I have many friends in the Southern 
 army. I had a much beloved nephew killed in 
 Virginia while endeavoring to take Sherman's 
 Battery. But this is all wrong. The abolition- 
 ists of the North and the secessionists of the 
 South brought our difficulties upon us ; and, 
 gentlemen, we want to keep that Northern class 
 out of power in Missouri, and also the extreme 
 Southern class. 
 
 Mr. ALLEN. I think the course pursued by 
 the gentleman is out of order. There is but one 
 proposition before the House. I hold that we 
 should keep these things distinct in our minds. 
 We are to decide a matter of momentous inter- 
 est to this State. Let us therefore decide one 
 thing at a time. I do not propose to argue the 
 question further. I will, however, remark 
 that I do think there are reasons of the highest 
 consideration that should prompt us to retain 
 in office the present State officer?. Governor 
 Gamble, it is well known, entered into this 
 position under embarrassing circumstances, and 
 it was not until after the utmost solicitation, by 
 almost every member of this body, that he was 
 induced, in ths darkest hour of our State, to 
 accept that position. It would not be doing 
 justice to him now to remove him from that posi- 
 tion, or to place upon him the obligation of can- 
 vassing this State for the term of two years only. 
 It would require more of him than we, as a 
 Convention, could reasonably expect. As I 
 before remaiked, I think it of the highest im- 
 portance that we should retain him and other 
 officers in tht ir present positions. He has been 
 tried in the very darkest hour of our troubles, 
 and has sustained himself as an honorable and 
 high-minded gentleman, and one who has con- 
 tributed greatly to give peace to the State. To 
 remove him at this hour would certainly be 
 doing him great injustice. 
 
 Mr. ROWLAND. It ii very seldom that I ex- 
 plain the reasons why I cast a vote. I have 
 been honored with a seat in one or other of the 
 branches of the General Assembly by mycon- 
 stiiuents for the last eight years; and I have 
 been a member of this Convention during its 
 sessions, and every gentleman will bear me 
 witness that I have detained this body as little 
 as any member on this floor. This is the first 
 time in my life that I have ever found it neces- 
 sary to chai ge a vole I have given. I think, 
 therefore, that it will be necessary for me to 
 give the reasons why I shall, on the present oc- 
 casion, give a diffeient vofe from what I gave 
 yesterday. I have no taste for public speaking, 
 
206 
 
 and I have not found it necessary to make bun- 
 comb speeches for home consumption. I have 
 lived in my county forty years, and a buncomb 
 speech would have but little effect upon my 
 people. My own judgment has been from the 
 beginning that the Provisional Government 
 ought to be continued until 1864. That has 
 been my conviction, and had I been acting for 
 myself, I would have acted in that way from 
 the beginning ; but being a man that has always 
 been anxious to give all the power that would 
 be safe to the people, I thought it would be 
 more satisfactory for them to have an oppor- 
 tunity to vote at the present election for Gov- 
 ernor and other officers, and accordingly I vo- 
 ted against the ordinance to continue them in 
 office. 1 must confess I expected the question 
 would be carried without my vote. I expected 
 that the good sense of this body would see the 
 great necessity of keeping these gentlemen in 
 office for two years longer. But, Mr. Presi- 
 dent, we lost the measure by about four votes, 
 and I felt thunderstruck when I found I had 
 lost the very point I wanted to make. [Laugh- 
 ter.] Now, sir, like a man, I come up to my 
 work. I am satisfied and know that it is for 
 the interest of the people of the State of Mis- 
 souri that this present government should be 
 continued in office, and inasmuch as I believe 
 this to be the case, I will advocate it, and risk 
 the consequences before my constituents, and 
 will try and set myself right there. This is the 
 reason why I have made a motion to reconsider, 
 and this is the reason why I shall cast my vote 
 to continue these men in office, because I know 
 it will promote the welfare and interest of the 
 State. Governor Gamble has been in office 
 now for more than twelve months. He took 
 his position when the State was in the midst of 
 revolution. He has the confidence of the men 
 at Washington, and he has made the necessary 
 arrangements in order to put down this mosl 
 monstrous rebellion in the State of Missouri, 
 and to a great measure he has been successful, 
 Now. if we should displace that gentleman 
 and should be so unfortunate as to elect a mar 
 who would not have the confidence of the Gen- 
 eral Government, what would be our condition 
 in Missouri? We might be in a worse rebel- 
 lion than we were eight months ago. There- 
 fore, for the sake of peace and harmony, I 
 shall take the responsibility of changing my 
 vote to retain these men in office. 
 
 Mr. IRWIN. I hope I may be indulged in 
 saying a word. I voted, sir, to dispense with 
 all elections in this State for the time being, 
 
 jiving to the Governor the power, when he 
 leemed it necessary, to order an election. I 
 have rny reasons for voting for that proposi- 
 ion, and I intended to have made some re- 
 marks upon it when it was pending before the 
 Convention. And, sir, there was great anxiety 
 manifested on the part of members of the Con- 
 vention to express their views on that proposi- 
 tion, and I felt, sir, as the discussion was draw- 
 ing to a close that it would be presuming too 
 much on the patience of this body to make any 
 remarks upon that subject. Now, I voted to 
 dispense with the holding of the elections in 
 this State, because I believed that the condition 
 of our Slate was such that it would be impos- 
 sible to get at a fair expression of the loyal 
 sentiment of the State. In the south or south- 
 western portions of the State a condition of 
 things exists now that render it, to say the 
 least, impracticable, if not impossible, to hold 
 an election in many counties in that part of 
 S r ate. From our present stand-point, it was 
 impossible for us to look into the future and de- 
 termine in our minds what would be the condi- 
 tion of things, not only in that section of the 
 State, but throughout our whole State, upon the 
 first Monday in August. The condition of 
 things there now is bad enough j but, sir, our 
 ears were saluted with rumors and reports that 
 a large armed force was on their way, and 
 about ready to invade the State of Missouri, so 
 that it was truly impossible, as I have remark- 
 ed, to determine, in our own minds, what would 
 be the condition of things on the first Monday in 
 August. For that reason, I was constrained to 
 act upon the substitute as I did. I considered 
 that the postponement of all elections, and the 
 dispensing with them for the time being, and 
 giving the Governor power to order an election 
 whenever he deemed necessary, would be pro- 
 ductive of the best results ; and for that reason 
 I was in favor of dispensing with the election. 
 But, again : I was also in favor of dispensing 
 with the elections for the present from the fact 
 that it would, for the time being, prevent cer- 
 tain issues of an exciting character from being 
 brought before the people. The public mind 
 is already in a distracted condition, and I 
 I thought by dispensing with the elections it 
 would keep from before the people certain is- 
 sues upon questions concerning which the peo- 
 ple of our State are more sensitive than any 
 other. I thought it would keep those questions 
 from before them for a time, and thus keep 
 down the excitement. And, sir, I may be in- 
 dulged while I say a word with reference tO f 
 
20T 
 
 that issue. Now, I understand, as far as that 
 question is concerned, and I believe, sir, that 
 such has been the effect and result of this se- 
 cession movement in Missouri, that it has given 
 to slavery its death-blow ; and the position, 
 sir, which I took before iny constituents when 
 I was a candidate for a seat in this Convention 
 was that the moment secession gained control 
 in Missouri, just that moment was the death- 
 knell of slavery sounded. I believed it true, 
 sir, but, at the same time, I believe if you let 
 that subject alone, the evil will cure itself. At 
 the proper time, when this question can be pre- 
 sented to the people of the State when they 
 are in a condition to discuss it, and calmly re- 
 flect upon it, when that time arrives, and that 
 issue is presented, if a Legislature, elected by 
 a majority of the people of the State, are then 
 in favor of a system of practicable, equitable 
 and just emancipation, I say amen. 1 believe 
 it would have been better for Missouri, if there 
 had never been a slave in it. I believe, as 
 things exist at present, that we have the insti- 
 tution here, with all its disadvantages and all 
 its advantages. But, sir, this was not the time 
 to discuss that question, or thrust it before the 
 people. That was one of the reasons, sir, why 
 I voted as I did to suspend all elections. And, 
 sir, had we had a different man from the one 
 \vho has charge of the State, I should have 
 been in favor of entrusting to him no such 
 power as that which we en> rusted to him in my 
 amendment. But, sir, I was perfectly willing 
 to trust it to that man to whom the State of 
 Missouri, I undertake to say, owes more than 
 to any other living man ; that man who, for 
 goodness of heart and for honesty of purpose, 
 has not his superior in the land ; that man, in 
 whose heart burns to-day, as they have burn- 
 ed, the fires of the puiest patriotism. To him, 
 sir, I was willing to entrust that important 
 matter, believing that just so soon as he believ- 
 ed the people of the State were in a condition 
 to vote, just so soon would he order an elec- 
 tion. A word more, sir, and I am done. Al- 
 though I voted for that proposition for these 
 and other reasons, yet, sir, I was in favor, if that 
 proposition could notreceive the endorsement of 
 this Convention, of providing for the election 
 of a Legislature, and continuing the present 
 Provisional Government in office. 
 
 Mr. COMIKGO. I simply wish to state that 
 I regard this as one of the most important pro- 
 positions to which this body has had its atten- 
 tion called. I believe our action on the pro- 
 position may be fraught with more good or 
 
 evil I am not able to determine which than 
 any other proposition that has been under con- 
 sideration, and in view of its great importance 
 I move to lay the subject over until to-morrow 
 morning at ten o'clock. 
 
 The motion was lost. 
 
 Mr. HOWELL. 1 have been charged by some 
 gentlemen with urging the postponement of all 
 elections with too much pertinacity. Perhaps, 
 sir, I may have offended in that way. If I 
 have done so, it has been from a conviction of 
 duty, and from no other consideration. The 
 proposition to postpone the elections for two 
 years has been voted down. The proposition 
 to authorize the Governor to convene a Legis- 
 ture in that time has also been voted down, 
 upon the avowed principle that it will be 
 clothing the Governor with kingly or arbitrary 
 power. Now, I still entertain the impression 
 that some compromise may be arrived at by 
 this Convention. If it is not inexpedient to 
 postpone the election for two years, and if it 
 is not safe to invest the Governor with power 
 to convene the Legislature during all that time, 
 then, sir, perhaps some compromise may be 
 agreed upon by this Convention. If it is not 
 politic to postpone the election for two years, 
 it might be politic to postpone it for one year ; 
 but, sir, if it should not be expedient and pro- 
 per to postpone it for one year, it might be pro- 
 per to postpone it until the leaves fall, and on 
 this great question I propose this resolution : 
 
 Resolved, That the ordinance be re-commit- 
 ted to the Committee on Elections, with in- 
 structions to report an ordinance for postpon- 
 ing the elections to some future time, when the 
 State will be in a better condition to have an 
 election. 
 
 Mr. SHANKLIN. I meant no unkindness to 
 the gentleman from Monroe, in appealing to 
 his magnanimity, not to encumber the proposi- 
 tion with a measure that he has had constantly 
 before the house ever since we have been in 
 session. The objection I make is that he has 
 continued to encumber some other matter with 
 this foreign proposition. It seems he is deter- 
 mined to ride down the proposition before the 
 house if he can. 
 
 Mr. HOWELL. Not at all. I have been ad- 
 vocating the measure now before the house, it 
 is true ; but if my proposition shall fail, I 
 shall still vote for the continuance of the pres- 
 ent Governor in office. If I cannot get what I 
 want, and what I believe the country requires, 
 I shall vote for as much as I believe the coun- 
 try requires. I have patriotism and love of 
 
208 
 
 country enough to do it, and, with the help oi 
 God, I intend to do it. 
 
 The yeas and nays were demanded, and the 
 motion to recommit was lost. 
 
 Mr. STEWART, (in explanation of his vote) 
 I have voted in favor of bringing on the elec- 
 tion up to this time. I believe this Convention 
 has done all that is required of it, after having 
 placed restrictions upon the votes of secession- 
 ists. If I were in the position of Gov. Gam- 
 ble, or Mr. Hall, I would not hold the position 
 another day, but I would go fairly before the 
 people, and should they do so, they would, in 
 all probability, be re-elected. I think I have 
 voted consistently all the way through. ] 
 think I have not voted exactly as the gentleman 
 from Macon (Mr. Rowland) did. I under- 
 stood him to vote one way while he desired to 
 act another. That is not my style. I am in favor 
 of an election all the way through ; but I be 
 lieve the majority is against me. u I, therefore, 
 believe that if the court knows herself, she is 
 right on this subject." I believe the people of 
 the State will hold the Convention responsible 
 for not bringing on the election; and I d? not 
 think gentlemen will make any capital by 
 changing their votes. 
 
 The VICE PRESIDENT. The rule requires 
 all members of the Convention to vote when 
 their names are called. The Chair noticed 
 several who did not answer to their names. 
 
 Mr. DONIPHAN. I desire to know whether 
 the Chair considers a man in the Convention 
 when he is out in the hall. 
 
 The VICE PRESIDENT. There is a rule that 
 when he is in the lobby he shall not vote. 
 
 Mr. DONIPHAN. Whenever I don't want to 
 vote I go into Ihe lobby. I went out just now 
 to see how many repentant sinners there were, 
 and how many gentlemen would show their 
 hands, and if I have violated any rule I am not 
 aware of it. 
 
 The PRESIDENT. The question is on agree- 
 ing to the ordinance. 
 
 Mr. Hitchcock moved, as a substitute, an 
 amendment to the Constitution providing that 
 hereafter all general elections shall be held on 
 the Tuesday after the first Monday in Novem- 
 ber. 
 
 This the Chair decided to be a new proposi- 
 tion, and out of order. 
 
 The yeas and nays were then demanded, and 
 the vote resulted yeas 45, nays 21. 
 
 So the ordinance was passed. 
 
 Mr. BRECKINRIDGE, (in explanation of his 
 vote). I voted for a reconsideration for two 
 
 reasons. First, I considered this a matter of 
 great importance; and, second, I thought it 
 due that those gentlemen who had voted upon 
 the proposition without due consideration 
 should have an opportunity to reconsider. 
 About the whole matter, I have had great 
 doubts. I have sought all the light I could, 
 and up to the moment of voting yesterday, I 
 was unable to decide, as I like, what was the 
 policy best to be pursued. I have not, however, 
 seen any good reason for changing the vote I 
 gave yesterday, and therefore I voted no. 
 
 Mr. BRIDGE. (In explanation.) I have 
 seen no reason to change my vote from yester- 
 day. If we can trust the people with a part, 
 we can with all. I have no fault to find with 
 Gov. Gamble, but it seems to me we should 
 trust the power to the people. I am not afraid 
 to have them elect our rulers, and I shall vote 
 no. 
 
 Mr. COMINGO. (In explanation.) I was 
 one of those yesterday who voted no on a 
 similar proposition, and I confess I did so with 
 great doubts as to the propriety of the vote I 
 was castii g. I have thought a great deal about 
 it since, and after due reflection, I feel con- 
 strained to vote aye. I may have been wrong 
 when I cast my vote yesterday. I was acting as 
 many other gentlemen have acted, fiom an im- 
 pression of duty, and not with a desire to cast 
 any reflection upon the Provisional Government. 
 I believe it is best we should retain the present 
 State officers at all hazards. 
 
 Mr. DONIPHAN. (In explanation.) I voted 
 yesterday cheerfully, cordially, and anxiously 
 for the passage of this ordinance, and I would 
 do so again this morning, but I would like to 
 know if any gentleman on this floor can say 
 whether there is any probability that, under 
 present circumstances, Gov. Gamble would be 
 willing to continue as Governor after the very 
 decided vote of yesterday. I will take the 
 chances and vote anyhow, but I do not believe 
 he will accept it 
 
 Mr. DUNN. I vote no for the same reason 
 I gave yesterday. If I were in Gov. Gamble's 
 position I would prefer being elected by the 
 people to being continued in office by this 
 Convention. 
 
 Mr. GRAVELLY. Mr. President, I wish to 
 explain my vote upon the subject now before 
 he Convention. On yesterday I voted against 
 his ordinance because I believed it to be my 
 duty to the State and those of my constituents 
 who have ever been loyal to the Federal Gov- 
 ernment. The Convention established the 
 
209 
 
 Provisional Government of Missouri in July 
 last, declaring its purpose to submit its action 
 to the people for their ratification or rejection, 
 as soon as the state of the country would ena- 
 ble the people to express their approval or dis- 
 approbation of its action. I believe, sir, that 
 time has arrived. The people are anxious to 
 elect their own officers, and I am for giving 
 them an opportunity to do soon the first Mon- 
 day in August next. 
 
 It has been said in debate on this subject, I 
 think, by the distinguished gentleman from 
 Clay, that the Convention had virtually repudi- 
 ated the officers elected by this body in July 
 last, by refusing to continue them in office 
 until August, 1864. Every member of this 
 body, including the gentleman from Clay, pro- 
 posed to submit our actions here to the people 
 at the August election. The ordinance pro- 
 vides that the Governor, Lieutenant-Governor, 
 and Secretary of State, elected by this Conven- 
 tion, should hold their offices until the time 
 already mentioned ; and I have voted and in- 
 tend to vote to carry out the agreement in good 
 faith, and it is unfair to argue that I have 
 shown any want of confidence in either of the 
 officers alluded to. I am satisfied that I did 
 right when I voted in July last to inaugurate 
 this Provisional Government, and more than 
 satisfied that, in voting for our present officers, 
 I reflected the will of every loyal man in my 
 district. 
 
 Sir, there is not a loyal man in my district 
 whom I believe would vote against Hamilton 
 R. Gamble for Governor of Missouri, and I 
 wish to give them an opportunity to manifest 
 their approval of his wise and humane course 
 as Governor of Missouri. Gentlemen may ex- 
 pect to gain popularity and obtain votes by 
 abusing the President of the United States and 
 declaring their opposition or hostility to the 
 Chicago platform, but that humbug has about 
 played out in our part of the Stale. 
 
 Nearly every loyal man, and in my opinion 
 about two-thirds of those who have been led 
 into this unholy rebellion in my district, will 
 vote against any man who undertakes to get 
 votes by abusing the President. 
 
 His efforts to protect the loyal citizens of 
 Missouri are duly appreciated by them, and 
 the abuse which the intense pro-slavery gen- 
 tlemen are constantly heaping upon him will 
 be unavailing, and they will learn that the peo- 
 ple of Missouri do not intend to be humbugged 
 by them any longer. 
 
 Sir, being: anxious to give the people an op- 
 
 14 
 
 portunity to endorse our action at the polls and 
 to put their seal of condemnation upon traitors 
 and treason, I vote no. 
 
 Mr. BIRCH. Simple justice requires 
 
 The VICE-PRESIDENT. The gentleman is 
 out of order. 
 
 Mr. BIRCH. May I be permitted to say this 
 much, that at a time when it will be proper I 
 will ask the indulgence of the House to read a 
 document, which is all the reply I wish to 
 make to the magnanimous assault of the gen- 
 tleman, made under circumstances when I 
 could not reply. 
 
 Mr. HENDRICKS. (In explanation.) On 
 yesterday I voted against this ordinance, not 
 because I was dissatisfied with the present 
 Provisional Government, or because my con- 
 stituents were dissatisfied. So far from that, 
 I know of no individual in my district who 
 has been dissatisfied with the conduct of the 
 present incumbent. 
 
 Mr. HITCHCOCK. (In explanation.) I beg 
 leave for one moment to say a word in regard 
 to the vote I shall give. I do not intend to 
 apologize for it, sir; but inasmuch as some 
 remarks have been made here which, without 
 a disclaimer, might be supposed to affect my 
 vote, I feel bound to say this much in explana- 
 tion. I have heard no reason this morning 
 which has changed my opinion as expressed 
 heretofore on this question. It was deemed 
 proper by one gentleman to raise the question 
 whether the action of the Convention, on yes- 
 terday was not a repudiation of the Provisional 
 Government. I was very glad, sir, to observe 
 that no gentleman seemed to consider himself 
 authorized even to intimate that the Executive 
 so considered it. This question has been dis- 
 cussed on grounds of public policy. I take it 
 no man has voted on any other ground, and 1 
 am surprised that any other construction 
 should be raised on this occasion. 
 
 Mr. LONG. (In explanation.) Like my 
 friend from St. Louis?, I have had doubts in my 
 mind as to the propriety of voting for the 
 election of Governor, Lieutenant-Governor, 
 and Secretary of State. Yesterday I voted for 
 the election of all officers, and, in order to be 
 consistent, I believed it to be necessary that 
 we should have a Legislature. Since that, I 
 have had conversation with many members of 
 the Convention and gentlemen outside, and 
 have also received many letters from gentle- 
 men of St. Louis, good and loyal men, in refer- 
 ence to this matter, and I now begin to doubt 
 my own judgment in casting that vote I did. 
 
210 
 
 The refusal to pass this ordinance yesterday, 
 relieves the present Executive from his duties 
 in August. Then, sir, the bare possibility of 
 having him superseded in that chair by some 
 gentleman of doubtful loyalty, or who might 
 be radical in his political views, I think, sir, 
 would be sufficient cause for me to change 
 that vote which 1 gave yesterday. The Gov- 
 ernor of this State took the helm in a stormy 
 hour, and he has conducted the ship of slate 
 to a harbor of safety; and, after mature ie- 
 flection, I have become satisfied we should not 
 abandon him when he has so faithfully stood 
 by us. I vote aye. 
 
 Mr. MARVIN. (In explanation.) I came 
 to this Convention with no other expectation 
 than that of bringing on all the elections, both 
 for Governor and the Legislature. With that 
 feeling, and having come to that conclusion, I 
 voted yesterday against the passage of this 
 ordinance. With regard to the Legislature, I 
 am clearly satisfied of its necessity. I have 
 been conferring for a few months with my 
 constituents, and they have expected that this 
 election, as well as the election for Governor, 
 would come off; and I say here no gentleman 
 has the right to impugn my motives in the vote 
 I gave yesterday, or to declare that I did it as 
 a rebuke to the present incumbents. I did it 
 with the intention of going before my consti- 
 tuents and inducing them to endorse my action 
 on this vote. There are no men in the State 
 of Missouri whom I would sooner vote for 
 than the present incumbents. They are my 
 choice from first to last. There is an absolute 
 necessity for the election of a Legislature, but 
 it is contended that we can with propriety dis- 
 pense with the election of Governor. It has 
 been asserted, time and again, that we do vio- 
 lence to no law in continuing the present Pro- 
 visional Government. I think, therefore, under 
 the circumstances, that we had better continue 
 the election for Governor. 
 
 Mr. McCoBMACK. (In explanation.) I 
 voted yesterday on a principle that I believed 
 was right on the principle of self-government 
 I was in favor of referring this thing back to 
 the people. After mature reflection upon this 
 matter, and believing without the least shadow 
 of a doubt that an immense majority of the 
 people whom I have the honor to represent on 
 this floor are in favor of the present incumbents; 
 and that I, by changing my vote now to retain 
 them in office, only effect the object which 
 they themselves will effect by their own votes 
 in August next ; and that it is probable that, 
 
 by retaining them in office the discussion of 
 very grave questions which my constituents do 
 not wish to discuss may be avoided, I bhall, 
 therefore, vote aye. 
 
 Mr. MEYER. (In explanation.) As it 
 seems to be in order to explain votes, I desire 
 simply to say that I have the highest respect 
 for Governor Gamble, Lieutenant-Governor 
 Hall, and for our Secretary of State ; but, sir, 
 I believe a large majority of the people whom 
 I have the honor in part to represent here favor 
 an election; and believing that we can hold an 
 election all through the State, and in almost 
 every county within the State, and can get a 
 fair expression of the people, I am bound to 
 vote no. 
 
 Mr. RITCHEY. (In explanation.) I am 
 one of those who voted against this ordinance 
 on yesterday, and I was one of those who voted 
 for a reconsideration of that vote this morning. 
 My reason for voting against the ordinance 
 was, I had no disposition to take the right of 
 choosing State officers from the people. My 
 reason for voting this morning for a reconsider- 
 ation was, I was willing to hear the arguments 
 of any gentleman in this house in favor of that 
 ordinance. I have heard nothing that has 
 convinced me that my vote was wrong yester- 
 day, and I therefore vote no. 
 
 Mr. SHACKELFORD of Howard. (In expla- 
 nation.) I voted for a reconsideration this 
 morning with the hope that gentlemen who 
 had voted down the proposition to postpone all 
 elections, would move a reconsideration of that 
 also. Inasmuch as that has not been done, and 
 the action of this body now is to have no elec- 
 tion for Governor and other officers, and only 
 an election for members of the Legislature, 
 with restrictions around the elective franchise, 
 and believing it to be inconsistent with our free 
 institutions, I must therefore vote no. 
 
 Mr. SOL SMITH. (In explanation.) Mr. 
 President, I voted to reconsider this question, 
 and when a motion was made, as I supposed, 
 to commit it to the committee for the purpose 
 of bringing about a compromise, I voted for 
 that. If I could believe, Mr. President, with 
 my colleague Mr. Meyer, that my constituents 
 wished me to change my vote, I should cer- 
 tainly do it. I came here, as far as I know 
 now, to represent their opinions, not my own 
 when in centra-distinction to theirs. I regret 
 to part in one vote from my colleagues. I give 
 them the credit of voting as they think right, 
 and in accordance with the will of their con- 
 stituents, but at the same time I must have the 
 
211 
 
 privilege of judging of that myself. For iny 
 part, I have seen no reason for believing that 
 my constituents wish to exercise the right of 
 electing State officers. The only thing I have 
 seen is a resolution, published in a paper 
 printed in a foreign language, which said : 
 "Down with the Convention!' 7 "Down with 
 Gamble! " Now, I do not know whether this 
 has had any effect on my colleagues it cer- 
 tainly has had none on me, and I do not consider 
 it an indication of public sentiment, I agree 
 with my colleague Mr. Hitchcock, and my 
 young friend Mr. Breckinridge, in this, that 
 there has nothing happened since yesterday to 
 induce me to change my vote. I vote aye. 
 
 The vote was then announced. 
 
 Mr. MCFERRAN. I move to reconsider the 
 vote just taken, and to lay that motion on the 
 table. 
 
 The motion was agreed to. 
 
 CONFIDENCE IN THE GOVERNOR. 
 
 Mr. DUNN then offered a resolution to the 
 effect that this Convention has undiminishecl 
 confidence in the patriotism, wisdom, and in- 
 tegrity of Governor Gamble and the other 
 officers elected by the Convention, and now 
 continued in office for the rest of the term. 
 
 Mr. DUNN. One word of explanation. I 
 deem that resolution necessary to preclude any 
 misconstruction of the position occupied by a 
 number of us in reference to the votes which we 
 have deemed it our duty to give in connection 
 with this subject. I voted against postponing 
 the election of Governor solely and entirely 
 from considerations of public policy not that 
 I had a particle of objection to Governor 
 Gamble or the other officers ; on the contrary, 
 I fully intended to vote for Governor Gamble, 
 and use my influence in favor of his re-election. 
 The Convention has just done what I would 
 have done as one of the people of the State. 
 I preferred, however, that we should adhere to 
 the platform heretofore inaugurated by the 
 Convention, because this ordinance continuing 
 these officers differs from the previous policy 
 of the Convention, to permit the election to go 
 to the people. But as the Convention has in 
 its wisdom deemed proper to continue these offi- 
 cers, I therefore acquiesce in that decision 5 and 
 I have no doubt but that on our return home to 
 our constituents they will meet us with the as 
 surance that we have done precisely what they 
 would have done. As I remarked in explana- 
 tion of my vote, if I had been in Governor 
 Gamble's situation, I should have preferred to 
 hold the office of Governor by an election from 
 
 the people to holding it by continuance from 
 an ordinance of this Convention. I deem this 
 resolution necessary to place those of us who 
 voted against the postponement of the election 
 right upon the record. If I know iny own 
 heart, I must say that Governor Gamble has 
 not within the limits of the State a more sincere 
 friend than I claim to be. I have the highest 
 confidence in his ability, integrity, and patriot- 
 ism. I hope, therefore, this resolution will 
 pass unanimously. 
 
 Mr. BIRCH. I shall vote, Mr. President, 
 with great cordiality for the resolution which 
 has been offered by my colleague, Judge Dunn. 
 Whilst my judgment may not have commended 
 all the administrative discretion wherewith, 
 with so much unanimity, we felt it to be our 
 duty to invest the Provisional Government of 
 the State, I have seen nothing in the conduct of 
 Governor Gamble which has impaired my 
 confidence either in his patriotism or his in- 
 tegrity; and think it both appropriate and 
 proper, after the division of opinion which 
 has been manifested in respect to the election 
 of a Governor, that this resolution should pass 
 (as I trust it may) nemine contra-discente. 
 
 Being no longer (of course) a candidate for 
 the station he has so worthily filled at the in- 
 stance of the Convention, and which it has 
 been just resolved he shall continue to occupy 
 during the unexpired term of the deposed Gov- 
 ernor, it is trusted I may be at length permitted 
 to refer to an extract from a free State Union 
 paper, which differs so materially from some 
 other free State papers that I was tempted, 
 during my detention in St. Louis, to cut it from 
 the files of the Planters' House, where I found 
 it incorporated in an editorial paragraph in 
 the St! Joseph Gazette. If, after the sinister 
 criticisms which other free State papers have 
 seen fit to make in respect to the loyalty of 
 Governor Gamble and myself, there be anything 
 immodest in thus reading the opinions of an 
 editor less warped in his judgment by the fell 
 spirit of military abolitionism than other papers 
 are, (to which I will refer presently,) I submit 
 myself to the forgiveness of the Convention, as 
 a citizen who thus ventures to read of himself 
 one of many good opinions which he has never 
 repeated as a candidate. The paragraphs are 
 from the " Doniphan Patriot," a town in 
 Kansas which was named in honor of my 
 illustrious friend from Clay, and are in these 
 words : 
 
 "JUDGE BIRCH. When the troubles first 
 broke out in Missouri, Judge Birch was the 
 
212 
 
 first man who had the courage to stand up and 
 oppose secession boldly; this he did, and at a 
 time when to do it required a man. 
 
 "This position he nobly maintained through 
 all the trying hours of the rebellion in Missouri, 
 never faltering, neVer doubting, till having won 
 the plaudits of the Union men of that State, he 
 ventured to announce himself a candidate for 
 Governor, with the approbation of the greater 
 portion of the friends of the Union cause." 
 
 I again apologize, Mr. President, if in the 
 feeling of the moment which finds me released 
 alike on the responsibilities and the criticisms 
 of a popular canvass, I have in any respect 
 transcended the bounds of delicacy in having 
 thus ventured to read a commendation which 
 was intended for no other purpose, when cut- 
 ting it from the paper alluded to, than the 
 family " scrap book/' through which I have 
 hoped my children and grand-children may by 
 and bye look at least without blushing, if not 
 without emulation. 
 
 I come to speak, however, more directly to 
 the resolution of my colleague, and as prelim- 
 inary to this I need only refer to what I have 
 ever understood to be the identity of opinion 
 between Governor Gamble and myself in re- 
 spect to the great domestic question out of 
 which our present unhappy complications have 
 grown, and in respect to which we concur in 
 opinion as to the appropriate remedy of 
 which "by and bye." 
 
 I did not doubt, at a former session of this 
 Convention, that in the course of more than 
 thirty years' acquaintance with the Governor, 
 I had rightly divined his position upon the 
 question of domestic slavery. I had heard him 
 state substantially, in a reply to some remarks 
 which were made during our first session in St. 
 Louis, that nothing could make him an anti- 
 slavery man ; and I hence avouched him to my 
 constituents, on my return from our June ses- 
 sion, (at which we so unanimously elected him 
 our Governor,) as being as "sound" upon the 
 question of "slavery" as I was myself. A 
 few days, however, brought us his proclama- 
 tion, (the first he had ever issued,) in which, in 
 respect to our life-long policy upon that ques- 
 tion, he distinctly announced it to all the people 
 of the State, that they had in his position as 
 Governor, a guaranty that the institution of 
 slavery would suffer no detriment, but would 
 receive all proper protection in his keeping. I 
 have not before me the proclamation alluded 
 to, but am confident, as well from my own 
 recollection as from an additional incident to 
 
 which I may as well allude, that I do not state 
 its position too strongly. That incident is, 
 (or rather was,) that in the early part of the 
 canvass from which the vote just taken has 
 relieved me, I was so approached by a repre- 
 sentative "emancipationist' 5 in St. Louis, as to 
 denote that that proclamation had fixed an 
 impassable g-ulf between the Governor and that 
 party and had I been base enough to have 
 " caught at" the obviously intended suggestion, 
 f might, of course, have escaped the oppro- 
 brium which has since been lavished by the 
 press of that party alike upon the Governor and 
 myself. Because I did not do so, I of course 
 claim no merit} for/ratZ I done so, I would have 
 been as base a knave as those who thus essayed 
 
 to "wye" me. Let the Governor himself, 
 
 therefore, answer, (if there be those who desire 
 to be more specifically or circumstantially in- 
 formed of the mere facts,) whether "me and 
 mine," from first to last, have or have not stood 
 by him, in consonance with all the implications 
 of good faith, of patriotism, and of honor? I 
 ask no other witness, and of course deprecate 
 none. 
 
 As time and events wore on, Mr. President, 
 it found me a candidate for the place so 
 worthily filled by the gentleman whom I had 
 so earnestly invited in calling to it the reason 
 of which I may more distinctly allude to in 
 conclusion. At present I but desire to devote 
 a passing remark to those whose calumnies 
 against us are prompted by the same narrow 
 and malignant impulse the same fanatical and 
 unfraternal purpose. Passing by the Demo- 
 crat, (the organ of " Col. Boyd," at St. Louis,) 
 and the German papers of the same city, who 
 slanderously clamor, in the same paragraphs, 
 against the "scorpion" and the "washer- 
 woman" disregarding these exponents of the 
 mere bitterness of Missouri abolitionism, the 
 gentleman who sits next to me has kindly 
 loaned me the St. Louis News of yesterday, 
 from which I read, as copied from the "Gate 
 City," of Keokuk, in our neighboring State 
 of Iowa, this paragraph : 
 
 "Governor Gamble has not exhibited any 
 heart in his support of the Union cause from 
 the first. He is a seedy, fossil, conservative 
 slaveholder, devoted with all the ardor of a 
 strong but narrow mind to the interests of his 
 class. If his heart had been in the cause, the 
 rebellion might have been put down in Missouri 
 long ago ; but he regarded the troops of the 
 United States as a hostile army in the midst of 
 his people, and showed them little aid or 
 
213 
 
 countenance. He now stimulates the preju- 
 dices of the people, and seemingly justifies the 
 murderous assaults of the secesh guerrillas 
 upon the troops in Missouri, by stigmatizing 
 them as "hostile troops." He has never been 
 regarded as a straight Union man in Northern 
 Missouri ; and we think that the majority of 
 the men who fought for the cause of the Union 
 in its hour of greatest peril in Missouri, do not 
 regard Governor Gamble as a whit more loyal 
 than Judge Birch, recently arrested on the 
 charge of treason." 
 
 It is not necessary, Mr. President, that I 
 should do more in order to denote the general 
 unfairness and malignity of this article, than 
 to recall attention to its own "narrow-minded" 
 estimate of the distinguished jurist and civilian, 
 with whom I feel it rather an honor than other- 
 wise to be associated in Keokuk, as I am in 
 St. Louis, in the same category of malignant 
 and calumnious opprobrium. With such a vote 
 as I doubt not will be presently given upon the 
 resolution of my colleague, it is trusted that 
 both the Governor and myself may be able to 
 outlive the assaults of the abolition press, and 
 that our State institution of "slavery" may in 
 like manner survive the portended onslaught 
 ef the abolition vote. 
 
 Appropos, Mr. President: The gentleman 
 from Cedar (Mr. Gravelly) took occasion, in 
 cxplaning his vote a few minutes since, to 
 reprehend such gentlemen as were candidates 
 upon the platform denoted in the phrases I 
 have so often employed, and having reference, 
 of course, to my own position. It is not, of 
 course, for me to characterize either the mag- 
 nanimity, the bravery, or the fairness of that 
 gentleman's allusion, as made at the moment 
 when the Convention was virtually voting me 
 cut of the canvass, and when, moreover, ac- 
 cording to the rules of the Convention, my lips 
 were sealed against all impromptu reply. I 
 reply now, however, to the stereotyped de- 
 clamation of all such gentlemen ; and I refer 
 to friends upon the floor here from St. Louis 
 to verify the statement, that in spite of my 
 utmost exertions to the contrary, the emancipa- 
 tion question has been thrust into this canvass, 
 and that we must either permit such gentlemen 
 as those who inaugurated it two months ago, 
 at the great meeting in Franklin county, to 
 sweep the State with such speeches as those to 
 which we listened on Saturday from the elo- 
 quent delegate from St. Louis, (Mr. Breckin- 
 ridge,) or we must meet and oppose facts to 
 fallacies historic accuracy to the most inju- 
 
 rious historic sophistries. Thus, whilst I was 
 even imploring that portion of " the Union 
 party" in St. Louis and elsewhere, who have 
 imbibed the heresy of emancipation, that the 
 State might be spared the infliction of a new 
 and male-fic slavery agitation in this canvass, 
 the "emancipation conspirators" (if I may 
 call them so without intending any personal 
 disrespect) were concocting and agreeing upon 
 the dogma whereon they were to base their 
 reliance in this canvass, namely: the dogma 
 which 1 have been impelled to confute at Chil- 
 licofhe, at Boonville, and elsewhere, or permit 
 it to go w?ianswered, and pass thence as current 
 political history, which (if true) would, of 
 course, itself seal the doom of the institution 
 to which I was born, and which has at least the 
 guaranty of constitutional perpetuity in this 
 State, unless in the far,/ar-off future we should 
 find ourselves both able and willing to pay for 
 the property thus solemnly guaranteed to its 
 owners. 
 
 I repeat, Mr. President, we have to meet this 
 " slavery question " in the approaching can- 
 vass. We have to meet such men as Breckin- 
 ridge, and Brown, and Blair, and lesser lights 
 throughout the State, or to acknowledge that 
 they have the better cause, and that we there- 
 fore fear to meet them j and whilst the man 
 who would counsel the latter may talk as he 
 pleases may inveigh as it pleaees him against 
 those who simply take up the gauge of contro- 
 versy which has been thus forced upon us for 
 one, I want no better evidence that he himself 
 has taken at least the first degree in the inevi- 
 tably progressive school of ultra abolitionism. 
 All unconscious though he may be of the fact, 
 the history of those who have preceded him 
 bears but unbroken testimony to the path and 
 the goal of his final destiny. I reciprocate, 
 therefore, the admonition so courteously ten- 
 dered to me by the gentleman from St. Louis 
 a gentleman in the substantial as well as the 
 conventional sense of that much abused desig- 
 nation when I express the undoubting con- 
 viction that he will have fully fraternized with 
 "the abolitionists' of the North," at lea-st as 
 soon as I will have fraternized with "the traitors 
 of the South" and thus I leave the future of 
 both of us dependent, somewhat, upon the 
 course, the progress, and the success of such 
 gentlemen as himself. May an omnipotent 
 destiny concur in dedicating us alike to the 
 preservation of " the Union as it was," which, 
 to my mind, implies the recognition and pro- 
 tection of "slavery a* it is." 
 
214 
 
 There are some facts, Mr. President, which 
 should be now and then repeated, with the 
 design of preserving them for reference, if for 
 nothing else, and it is in that sense, and for a 
 purpose which will be additionally denoted in 
 this connection, that I ask permission to read 
 from a letter which I received yesterday from 
 St. Louis, an extract from "The Great West/' 
 a historical compilation recently published, as 
 follows : 
 
 " When the news came to St. Louis that 
 Congress had determined (in 1820) that the 
 people of Missouri should frame their own 
 Constitution, and decide for themselves 
 6 slavery ' or its rejection, the minds of the 
 people became fearfully agitated on the very 
 subject which threatened such serious conse- 
 quences at Washington. It appeared that the 
 political storm had not spent its fury, and had 
 passed from the east to rage with violence near 
 the western horizon. The same question which 
 had distracted Congress, when removed to 
 Missouri lost none of its exciting qualities. In 
 St. Louis, from its being the largest town in 
 the State, and consequently the main stage 
 where the political drama would be played, the 
 inhabitants divided themselves into two great 
 factions one in opposition to slavery, and the 
 other in advocating it. Both parties selected 
 their most influential members to form a ticket 
 to be elected by the people to represent St. 
 Louis county in the Convention that was to 
 form the Constitution of the State. The fol- 
 lowing named gentremen were announced as 
 candidates representing St. Louis county, and 
 were : 
 
 For ike Admission of Missouri aa a Slave State : 
 fc T. F. Riddick, Gen. William Rector, 
 
 Col. Alex. McNair,. David Barton, 
 John C. Sullivan, Edward Bates, 
 Wilson P. Hunt, Alexander Stewart, 
 
 Matthias McGirk.' 
 INDEPENDENT TICKET. 
 
 i Opposed to the further introduction of Slaves in 
 Missouri. 
 
 C FOR CONVENTION. 
 
 f Judge J. Bk C. Lucas, Robert Simpson, 
 Rufus Pettibone, Caleb Bowles, 
 
 Abraham Peck, William Long, 
 
 John Bobb, John Brown.' 
 
 " The ticket elected July 19, 1820, for rep- 
 resenting St. Louis county, were all gentlemen, 
 STRONG pro-slavery men. Not one of the anti- 
 slavery candidates was elected. To represent 
 St. Louis county, when the Convention was 
 called to form the Constitution, the choice of 
 
 the people rested upon the following gentle- 
 men, viz : Edward Bates, Col. Alexander Mc- 
 Nair, John C. Sullivan, Pierre Chouteau, jr., 
 Bernard Pratte, and Thomas F. Riddick." 
 
 The foregoing quotations can be found, com- 
 mencing at page 322 of the book referred to, 
 and are reproduced as succinctly embodying 
 the Slate history of the slavery question two 
 and forty years ago. What was true of the 
 city and county of St. Louis was true of the 
 State. Its ablest men were brought out and 
 elected to the Convention, and so wrote down 
 our fundamental law as to inspire the belief 
 that we might live exempt in all the future 
 from the strife and the storms through which 
 we had been destined to "admission as a slave 
 State." It was hence argued in the State of 
 Kentucky, as an inducement to emigrate to 
 Missouri, that her Constitution was fixed be- 
 ing virtually irrepealable and (hat such names 
 as those of Barton and Bates of the Conven- 
 tion, and Benton of the press, (afterwards of 
 the Senate,) constituted at least a guarantee 
 that the faith thus plighted would be kept with 
 the slaveholders thus induced to rely upon it. 
 Let others answer, Mr. President, how well it 
 would be kept by any of the methods thus far 
 proposed for its extinction, including even the 
 plan of the distinguished delegate from St. 
 Louis, which would have inhibited from the 
 State all southern emigration, thereby encour- 
 aging such a tide from the North as it was 
 doubtless believed would be decisive of the 
 question at the election two years hence. If 
 such be the lauded fairness of aw/i-slavery, 
 commend me still more firmly to at least the 
 ingeniousness and "good/ai/A" of the "pe- 
 culiar institution" of our fathers. 
 
 But I pass on to record the data upon which 
 to predicate a reference to Ihe great change 
 which has, in like manner, overcome the edi- 
 tors or managers of the principal Republican 
 or emancipation paper in the State Ihe St. 
 Louis Democrat. Time was, Mr. President, 
 and that but a few years since, when even that 
 paper resented, as "the work of political f&es," 
 what it now regards as its highest merit 
 namely, the endorsement of a " Black Repub- 
 lican Ticket.' 3 In proof of th-is, read the fol- 
 lowing advertisement from its daily edition, on 
 the morning of the election six years ago : 
 
 " ONE THOUSAND DOLLARS REWARD. A 
 DASTARDLY FRAUD Saturday, jlugust 3, 
 1856. In this morning's issue of the Democrat, 
 some infamous scoundrel inserted at the head 
 of the State ticket the line < Black Republi- 
 
215 
 
 can.' This act has been the work of our po- 
 litical foes, accomplished by bribery ; and all 
 parties concerned will be publicly exposed as 
 soon as the facts are elicited. The reward will 
 be paid by calling at this office." 
 
 I am weary, Mr. President, and could not go 
 on, if I even would, to contrast the thousand 
 dollar indignation once affected by the Demo- 
 crat, with the twice ten thousand dollar com- 
 mendation it now bestows upon those who can 
 be induced to head, or even support, the ticket 
 which it so emphatically eschewed in the days 
 of BENTON. " Other idols have since taken 
 possession" of them ; so that even the memory 
 of the sagacious and illustrious Senator has 
 been left to the vindication of those who were 
 once his adversaries, though never in the sense 
 in which, in his last days, he so denounced the 
 Democrat and those whom it is now serving. I 
 will not in this connection repeat, but simply 
 again refer to his last letters from Washington, 
 as incorporated in my remarks of Saturday last, 
 and trust they may at least be preserved for 
 use in the canvass before us. 
 
 In that canvass, I repeat, we cannot avoid 
 the issue which has been inaugurated if we 
 would, and which (being no longer a candidate) 
 I have, at least, no sinister moiive for adding, 
 we perhaps should not if we could. It has 
 been forced upon us by those who have their 
 own ends in view, and they are to be accredited 
 as being at least earnest men, who, although 
 frustrated in their purpose to carry it into the 
 election for Governor will carry it but the wore 
 earnestly into all other elections. They will 
 hence have a ticket whenever they have the 
 least hope of success; and where their strength 
 may be deemed unpropitious for so openz pur- 
 pose, they will throw what strength they have 
 upon such candidates, not openly in their favor, 
 as they can have the best understanding with, 
 whether in respect to the present or the future. 
 To talk, therefore, of ignoring an issue thus 
 defiantly tendered and forced upon us, is to talk 
 like men who have made up their minds to ul- 
 timately take passage upon the same boat j and 
 the statistics of the coming election will be 
 combined and regarded accordingly. Shall 
 these statistics be such as cannot be mistaken 
 or perverted to our prejudice, and to the re- 
 pression of all further emigration from the 
 slave States, or shall our friends and kindred 
 there be still encouraged to feel that there is 
 yet a home for them in Missouri ? Let the re- 
 turns of the coming election, therefore, in that 
 manner denote and thereby decide the future 
 
 status, and the consequent future destiny, of 
 the STATE j and to that end let there be a full 
 and proper organization, or at least an earnest 
 and an investigating watchfulness, in every 
 county, and in every district, and "all will 
 again be well." 
 
 Mr. ORR. I want to make a proposition 
 which I think will conduce to the benefit of 
 this Convention. We have agreed by a very 
 decided vote that we would not discuss this ne- 
 gro question during the further session of this 
 Convention, but I want to say that if it is per- 
 mitted during this Convention to make a speech 
 in favor of slavery, I shall do what I can to 
 get the gentleman from St. Louis to introduce 
 a counter proposition, and have them argued 
 fairly and squarely. I want to renew the pro- 
 position that I made at Boonville, in reply to 
 Judge Birch's speech made at another place. 
 Judge Birch had undertaken to reply to a 
 speech of Mr. Drake, at St. Louis. One had 
 proved to the satisfaction of his friends that 
 the war was brought about by slavery ; and 
 the other had proved to the satisfaction of his 
 friends that it had been brought about by anti- 
 slavery. Now, I propose to meet any individ- 
 ual, whether slavery or anti-slavery, in this hall, 
 outside of this Convention, and prove to the 
 satisfaction of any jury such person or per- 
 sons may select, male or female, that whisky 
 and tobacco had more to do in bringing about 
 this war than slavery or anti-slavery. 
 
 Mr. GRAVELLY. I hope that no gentleman 
 anticipates that I will attempt to reply to the 
 remarks of the distinguished gentleman from 
 Clinton. I think I know myself too well to 
 undertake any thing of the kind ; and I only 
 rise for the purpose of informing the distin- 
 guished gentleman from Clinton that in sup- 
 posing I intended to rebuke him, he whose 
 name is associated with all the great names of 
 the country he whose name and whose acts 
 have for so many years been connected with 
 all the great and distinguished men in the land 
 that I consider myself too humble an individu- 
 al to attempt anything of the kind. The idea 
 that I, an humble individual from the county 
 of Cedar, should undertake to rebuke such a 
 man ! I want him to understand that I had no 
 such motive in the explanation of my vote 
 none in the world. I can only account for the 
 distinguished gentleman's imagining that I al- 
 luded to him in this way : In old Virginia, the 
 State from which I carne, as well as the distin- 
 guished gentleman from Clinton, a man who 
 had hitherto occupied a respectable position in 
 
216 
 
 society, threw a black snake into a crowd of 
 ladies, and was indicted and fined very heavily 
 for so doing. He became nearly deranged. 
 He knew he had committed a great wrong. 
 Some time after that he went to hear an old 
 iron-sided Baptist preacher. The vejierable 
 preacher read for his text that passage in the 
 Bible which says, " As Moses lifted up the ser- 
 pent in the wilderness." The moment he had 
 got that far, the concsience stricken individual 
 raised himself up, like the distinguished gen- 
 tleman from Clinton, and says he : " Old hoss, 
 if you raise that question here again, I am done 
 with you forever." Certainly nothing uttered 
 by the gentleman from Cedar could be constru- 
 ed into an attack upon the distinguished gen- 
 tleman from Clinton, except he was in the same 
 condition of mind as the man with the black 
 snake. 1 only said this, that the people of Ce- 
 dar were tired of this incessant agitation, and 
 that they had all preferred our present incum- 
 bent to any other. I stated that I voted with 
 that belief, and that the remark made by the 
 gentleman from Clay that our action looked 
 like repudiation of the present Governor, were 
 untrue. I made no attack on the gentleman 
 from Clinton at all. I never can expect to un- 
 dertake such a job as that. 
 
 The resolution was then unanimously adopt- 
 ed. 
 
 SOLDIERS TO VOTE. 
 
 The bill to enable soldiers to vote was taken 
 up. 
 
 The motion to reconsider the vote by which 
 the amendment offered by Mr. Smith of Linn, 
 (allowing only such citizens of Missouri as are 
 soldiers in this State to vote,) was rejected, 
 was reconsidered. 
 
 Mr. EITZEN said : Mr. President, the bill now 
 before the Convention is one in which those 
 whom I have the honor, in part, to represent 
 on this floor are particularly interested. It 
 may not be generally known that there are 
 several thousand United States volunteers, as 
 distinguished from those raised particularly for 
 the defence of this State, still s'ationed in Mis- 
 souri. Among these, there is one regiment, 
 viz., the Fourth Missouri, which was princi- 
 pally recruited in Gasconade county, and whose 
 headquarters, now at Franklin, were, until re- 
 cently at Hermann. These troops are now 
 guarding the bridges on the Pacific railroad, 
 as well as those on the Southwest Branch. 
 
 It would be grossly unjust, to these gallant 
 men, who have taken up arms in this State in 
 defence of our flag, to deprive them because 
 
 of their gallantry of thdr votes. I hope the 
 ordinance, as amended, and now under consid- 
 eration, will not pass ; but I desire very much 
 the adoption of the original ordinance, so that 
 all loyal men, as well in the army as out of it, 
 may be enabled to express their choice for the 
 several candidates at the coming election. 
 
 Mr. ORR. Yesterday evening, this amend- 
 ment was voted down, and being somewhat ex- 
 cited, I spoke about the radicalism that would 
 allow men in New Orleans te vote for a rep- 
 resentative in Cole county. I desire to say 
 that I did not thereby mean to impugn the mo- 
 tives of gentlemen, nor did I mean thereby to 
 say that Missourians in the military service, 
 quartered in this State, should be deprived of 
 voting. I referred only to men out of the 
 State. I did not think men in distant places 
 in New Orleans could discreetly vote for a 
 person to represent Cole county. I am in fa- 
 vor of allowing soldiers to vote who are citi- 
 zens of this State, and who are still in the 
 State. 
 
 Mr. ISBELL. I cannot see injustice done to 
 the brave men of my county the Twenty- 
 sixth Missouri who assisted in the capture of 
 Island Number Ten, and were Avith General 
 Pope throughout. To deprive these men of 
 the right to vote would be doing them great in- 
 justice, and I am bound to raise my voice in. 
 condemnation of any act of that kind. 
 
 Mr. SHACKELI-ORD of Howard. The action 
 of this Convention yesterday, in adopting the 
 ordinance bringing on the election for a Legis- 
 lature, has called forth this ordinance. Sir, it 
 must be apparent to every candid inquirer, and 
 every patriotic heart in this body, that the 
 holding of an election in the midst of a rebel- 
 lion is not consistent with our free institutions. 
 Therefore, having provided for an election for 
 members of the Legislature, I could readily 
 see, and I foresaw, an apparent necessity would 
 arise for the gentleman to introduce just such 
 an ordinance as this. On its face, there ap- 
 pears an inconsistency that men who are to 
 imperil their lives for th^ir country should be 
 prohibited from voting and it was to avoid 
 this very thing that I raised my voice of warn- 
 ing against the ordinance of yesterday, be- 
 cause I foresaw this proposition would run coun- 
 ter to the Constitution of the United States. It 
 seemed unjust that these men should be de- 
 prived of the right to vote ; but, notwithstand- 
 ing, I say this proposition is against the spirit 
 and letter of the Constitution of the United 
 States, and of the State of Missouri. 
 
217 
 
 I, sir, am not accustomed to speak on sub- 
 jects of tliis kind before deliberative bodies. I 
 have only been accustomed to practice law be- 
 fore the courts of my county, and address 
 judges and jurors alone ; but when I see what 
 I consider an invasion of the Constitution of 
 the United States, I cannot help raising my 
 voice against a violation of that good instru- 
 ment. Now, sir, to the law and to the testimo- 
 ny. The Constitution of the United States, 
 article 2, section 2, provides : " The President 
 *lwll be Commander-in-Chief of the army and 
 navy of the United States, and of the militia of 
 the several States when called into the actual 
 service of the United States." The militia 
 then, sir, when called into the active service of 
 the United Sta'es, are part and parcel of the 
 army of the United States, and subject to all 
 the rules and regulations which govern it. 
 Then, sir, we are asked in view of that, to al- 
 low the officers and soldiers in the service of 
 the United States, under the command of the 
 President of the United States, to vote at an 
 election in Missouri. Now, sir, how have our 
 fathers attempted to guard the ballot-box, es- 
 pecially in this State ? I appeal to you to go 
 back to that instrument the Constitution of 
 the State of Missouri adopted by men of pat- 
 riotism, and whose integrity never can be 
 doubted. They have, by their action, distinct- 
 ly announced that we never can commingle the 
 sword with the ballot-box, because it is danger- 
 ous to civil liberty, and it is as dangerous to- 
 day as it was then ; and the voice of warning 
 comes as solemn to-day as it came then. That 
 voice is this : " That no soldier, seaman, or 
 mariner, in the regular army or navy of the 
 United States shall be entitled to vote at any 
 election in this State." 
 
 Now, sir, gentlemen may say that there is a 
 distinction between the militia called into ac- 
 tive service and the regular army. The rules 
 and articles of war know no distinction. I defy 
 gentlemen to show there is any distinction. 
 They become subject to all the rules and regu- 
 lations of the regular army, and are under the 
 control of the President of the United States ; 
 and I don't care whether he be a Missourian or 
 not, if he is enlisted in the service of the Uni- 
 ted States, he ought to have, while in that ser- 
 vice, no part or parcel in administering the 
 civil affairs in the State of Missouri. Not only 
 did they pass that provision, but our fathers 
 wanted carefully to guard it ; and what did they 
 say further ? In the 22d section of the 13th 
 article we see " that the military is, and in all 
 
 cases and at all times, shall be in strict subor- 
 dination to the civil power." Now, sir, tell 
 me that when a man has enlisted in the army 
 of the United States he can go to the polls, 
 with a bayonet in his hands, and have a voice 
 in the election of civil officers ! No, sir, it is 
 not, and cannot be so in the very nature of the 
 case. We must keep the civil and military 
 powers separate, or the last vestige of civil lib- 
 erty is gone. And these men who have, with 
 such unanimity and patriotism, gone forth to 
 defend their country in the time of rebellion, 
 have assumed the duties of the soldier and 
 laid aside the rights of the citizen, and they 
 must stick to the one and abandon the other 
 until they have achieved victory by the sword, 
 and then when they go before the people the 
 people will give them all honor. They ought 
 not to desire to act in both capacities, because 
 it would be a violation of this sacred instru- 
 ment, which we have all sworn, before the God 
 of Heaven, that we will support. 
 
 I felt it my duty to make these remarks be- 
 cause I consider that we are in danger, and I 
 fear are about to have every vestige of civil lib- 
 erty frittered away. I shall vote against every 
 proposition of this character. 
 
 Mr. DOUGLASS. A few moments, sir, upon 
 the legal aspect of the question now presented. 
 Inasmuch as the gentleman from Howard has 
 sprung that question, it is well enough that we 
 shall understand it. Now, sir, if there is any 
 mode by which the citizen soldiery of the 
 State can be allowed to cast their votes at the 
 coming election, I hold it is the solemn duty of 
 this Convention to provide some way by which 
 it can be done. Why, sir, if these patriotic 
 men who have raised their arms and entered 
 the service of the United States, and of this 
 State, in order to protect our institutions, are 
 not to be allowed to vote, some of the members 
 of this Convention would be excluded some 
 of these brave and patriotic men who have no- 
 bly discharged their duty to their country in 
 the field, and who have also discharged their 
 duties to their constituents upon this floor. Be- 
 sides them, I am informed we have some four- 
 teen thousand in the State service, and how 
 many in the United States service I am not in- 
 formed. 
 
 Mr. HALL of Buchanan. About thirty thou- 
 sand. 
 
 Mr. DOUGLASS. Now, these men have en- 
 tered the service of our country for the very 
 purpose of preserving our institutions. One 
 of these institutions is the elective franchise. 
 
218 
 
 Shall it be said that because these men entered 
 the service for the protection and preservation 
 of this institution that, therefore, they shall be 
 denied the right to exercise the privilege of 
 the elective franchise ? Why, sir, it would be 
 gross, palpable, manifest injustice. Why, I 
 may say, we are indebted to their voluntary 
 bravery for the very privilege which we now 
 enjoy of sitting in deliberation here in thie 
 Convention. I hold, therefore, that, as an act 
 of simple justice to the bravery of the citizen 
 soldiery of this State, that if there is any mode 
 to be devised by which they can cast their 
 votes we should provide it. 
 
 Now, the gentleman has said that this ordi- 
 nance is in violation of the Constitution of the 
 United States, and of the State of Missouri. 
 Sir, he has failed to show us that there is any- 
 thing in the Constitution of the United States 
 prohibiting our soldiers from voting. If there 
 was anything in the Constitution of the United 
 States prohibiting our soldiers from voting, I 
 should not, as a matter of course, advocate it, 
 believing as I do that the Constitution of the 
 United States is the supreme law of the land. 
 But there is nothing in the Constitution of the 
 United States not one word or one letter in 
 that instrument prohibiting the passage of 
 this ordinance. Every person familiar with 
 the Constitution of the State and of the United 
 States knows that every State has the right to 
 define the qualification of its own voters. This 
 proposition, sir, will not be controverted. 
 Hence there is nothing in the Constitution of 
 the United States prohibiting the passage of 
 this ordinance. 
 
 But the gentleman, leaving the Constitution 
 of the United States, refers us to the 10th sec- 
 tion of the 3d article of the State Constitution. 
 Now, sir, I hold, in the first place, that there is 
 nothing in the article read prohibiting the vol- 
 unteer soldiers of the country, or the militia of 
 the State, from voting. The section of the ar- 
 ticle from the State Constitution quoted by the 
 gentleman from Howard prohibits only soldiers 
 in the regular army and navy of the United 
 States from voting. Why, the distinction be- 
 tween the regular army and the volunteer ar- 
 my is well known and established. How was 
 it in the war with Mexico ? The volunteers 
 from this State, although enlisted in the United 
 States service, were permitted to vote in the 
 election of that period, and the power to allow 
 them to do so was not questioned then, and I 
 
 have not heard of it being questioned since. I 
 hold it is clear, from the language of the Con- 
 stitution itself, that the prohibition only ap- 
 plies to those enlisted in the regular army of 
 the United States that means the regular 
 standing army, not the volunteer force that 
 that may be called into service to meet such an 
 extraordinary emergency as the country is pass- 
 ing through now. It means, then, those who 
 are in the regular army, and it seems to me 
 the proposition is too plain to require further 
 argument ; and if it were otherwise if there 
 were anything in the State Constitution prohi- 
 biting the passage of this ordinance what 
 then ? Why, I believe it has been generally 
 conceded by legal gentlemen and by oth- 
 ers, that this body is a supra constitutional 
 body that it is within the power of this body 
 to change, modify or alter the Constitution of 
 this State. I believe the truth of this proposi- 
 tion has been conclusively established. I do 
 not know whether the gentleman from How- 
 ard participated in our action which has tended 
 to establish the truth of this proposition, but 
 its truth has been most conclusively established, 
 at least in the estimation of a majority of the 
 members of this Convention. I repeat, there- 
 fore, if there is anything in the Constitution of 
 this State prohibiting the passage of this ordi- 
 nance, by which the gallant men now defend- 
 ing the State in which we live, and the institu- 
 tions of the National Government, are permit- 
 ted to vote, if there were anything in the 
 Constitution prohibiting the passage of such 
 an ordinance it is in the power of this Con- 
 vention, and it would be our right and duty to 
 brush it like cobwebs away. I think, there- 
 fore, there is no force in the objections made 
 by the gentleman from Howard. 
 
 Another objection, he urges, is, that the mili- 
 tary shall be subordinate to the civil power. 
 Grant it. But we propose to allow those who 
 have enlisted in the armies of our country to 
 erect, or at least aid in the erection of the civil 
 power of the State, and by their votes they 
 will show that they hold themselves subordi- 
 nate to the civil power. I do not think it is 
 necessary to elaborate that point. It is clear 
 we have the right to pass this ordinance, and I 
 hold it is our duty to do so as a matter of jus- 
 tice to our gallant, brave and patriotic citizen 
 soldiery. 
 
 The Convention then adjourned to 2 p. M. 
 
219 
 
 AFTERNOON SESSION. 
 
 Met at 2 P. M. 
 
 Mr. CAYCK presented a memorial from citi- 
 zens of Washington county in relation to the 
 revenue of that county. Referred to a special 
 committee. 
 
 Mr. SMITH of Linn. I desire in offering 
 that amendment to say one word in reference 
 to it. Inasmuch as gentlemen hare spoken in 
 opposition to its passage, because of its inten- 
 tion to disfranchise a class of our fellow-citi- 
 zens, I propose, sir, briefly to give the reasons 
 that induced me to offer it. It was with no 
 intention of depriving a single citizen of any 
 right or privilege that in my judgment he 
 would desire to exercise, nor did I propose to 
 do that which has never been done before. 
 During the Mexican war thousands of our citi- 
 zens entered the United States service as now, 
 and were absent from the State of Missouri 
 during the elections, but there was no proposi- 
 tion I ever heard of extending to them the 
 right to vote. I can see no reason now, sir, 
 why they should vote when out of the State 
 any more than they should vote then. I am 
 unable to see that the citizen jpldiery to-day 
 are more worthy and patriotic than they were 
 then. I presume there is no difference. Another 
 reason, sir, some part of the elections that will 
 take place will be only for county officers, 
 Senators, and Representatives. Those men 
 who are now out of the State have been out 
 for some two or three months. They will 
 have hardly any opportunity to ascertain any- 
 thing in regard to the issues and the personal 
 qualifications of the candidates. You know, 
 sir, that it is the custom in our country for the 
 candidates for office to define their positions 
 before the people on various public matters for 
 some five or six weeks previous to the election, 
 so that the people can then go to the polls and 
 vote understandingly. But, sir, this cannot be 
 done. The mass of the soldiers will not un- 
 derstand anything with regard to the issues or 
 the differences that may exist between the can- 
 didates, and in many instances they will be 
 wholly ignorant of their qualifications. For 
 this reason, sir, I introduce the amendment. 
 If these men obtain any information of the 
 candidates, they must get it through a third 
 person, and he more frequently being an inter- 
 ested party, they will not, therefore, be able to 
 vote understandingly. Now, sir, I would be 
 as far from denying to the soldier any privi- 
 lege he ought to exercise as any gentleman on 
 this floor. If there is a class of men I esteem 
 
 and whose services I appreciate, it is that class 
 of men that I propose to exclude by this amend- 
 ment. I do not propose to exclude those who 
 are in the State and who will have, at least, 
 more means to understand something about 
 the candidates and the issues ; I only propose 
 to exclude those who are out of the State and 
 who will have no means, except through a 
 third person, of informing themselves with ref- 
 erence to the issues. Sir, I have some little 
 experience with reference to the wishes of 
 soldiers with regard to exercising the elective 
 franchise. Last winter an election was order- 
 ed by the Governor to elect a Representative 
 to the Congress of the United States. At that 
 time the Twenty-third Missouri Volunteers, 
 with which I was then connected, was station- 
 ed at Chillicothe. There were two candidates 
 for Congress, Mr. Hall and Mr. Hawkins. It 
 was not known on the day of election that Mr. 
 Hawkins had withdrawn his name. Mr. Hall 
 visited our camp a few days before the election. 
 Our regiment consisted of nine hundred men, 
 most of whom lived in Mr. Hall's district. In 
 addition to those there were about three or 
 four hundred State Militia or six months' 
 men. The day of election came and the men 
 were informed that they had the privilege of 
 casting their votes if they desired. Out of the 
 nine hundred men in our regiment, most of 
 whom resided in the district, there were but 
 two hundred who cast their votes, and, sir, 
 every vote that was cast at that precinct was 
 cast for Judge Hall. Well, I enquired of some 
 the reason they did not vote. " We know 
 but little about it and we care but little about 
 it ; we understand they are both Union men, 
 and knowing nothing about Mr. Hawkins, and 
 but little about Judge Hall, we leave it to those 
 Union men who know better than we." Con- 
 sequently, they declined voting, and I venture, 
 sir, that there are but few soldiers outside of 
 the State who would desire to cast their votes 
 at the coming election 
 
 Mr. WOOLFOLK interrupted with a question 
 not heard by the reporter. 
 
 Mr. SMITH. I cannot answer the question. 
 I am aware such is the fact. The country had 
 learned, I presume, that Mr. Hawkins had 
 withdrawn. Another reason which I will as- 
 sign for offering the amendment is, that I be- 
 lieved it was the desire of this Convention to 
 act consistently with itself. I remember, at the 
 last session of the Convention at St. Louis, the 
 Military Bill now in force, and which was 
 drafted by the Committee on Military Affairs, 
 
220 
 
 and I believe the gentleman from Daviess was 
 
 on the Committee 
 
 Mr. McFERRAN. No. 
 
 Mr. SMITH. I mistake then. At any rate, 
 a provision of that bill was this : " All com 
 panies of soldiers are authorized to elect their 
 own captains and lieutenants, &c., and the 
 Governor was authorized to appoint the Colo- 
 nel, Lieutenant-Colonel, and Major." When 
 the bill was presented, I moved to strike that 
 provision out and authorize the company offi- 
 cers to elect their Colonel, Lieutenant-Colonel, 
 and Major; but these very gentlemen, some of 
 whom I know, who now feel so solicitous for 
 the exercise of the franchise on the part of the 
 soldier, then voted to deprive him of the power 
 and privilege of selecting his immediate com- 
 manders and there is a proposition now be- 
 fore the Convention to still further disfran- 
 chise and take the power and privilege from 
 the private of voting for his Captain and First 
 and Second Lieutenants. I desired, sir, that 
 the soldier should select his own officers from 
 Colonel down j but those gentlemen who are 
 now so anxious to have them vote for civil 
 officers, denied them that privilege and voted 
 down my proposition by an overwhelming ma- 
 jority, and placed it in the power of the Gover- 
 nor to appoint these officers. Sir, I cannot see 
 the reason why gentlemen will deny the soldier 
 the right of electing his immediate commander 
 by his vote, and yet, sir, are willing that he 
 should select civil officers to govern him. I 
 do not think the soldiers will properly appre- 
 ciate this. I was formerly in the army myself. 
 It is true I was appointed to a position in my 
 regiment, but the Governor appointed me be- 
 cause the men first selected me. 
 
 Mr. HITCHCOCK. I would like to ask the 
 gentleman if he believes that this proposition 
 will impair the efficiency of the service 1 
 
 Mr. SMITH- I am only complaining of the 
 inconsistency of my friends. I have offered 
 this amendment, sir, because I consider there 
 are especial reasons why it should be adopted, 
 and I believe it will be appreciated by the sol- 
 diers ; and if there is a class of men living that 
 has my confidence, and for whom I would will 
 ingly do anything that was reasonable and 
 what they might desire, it is the regiment to 
 which I belong. That regiment is included, 
 and will be excluded from the ballot-box by 
 this proposition if it is adopted. The Colonel 
 of that regiment left here to-day. I consulted 
 him with reference to this matter, and he said 
 he regarded an election in the army as a farce 
 
 said it would open the door to fraud, and he 
 mew the soldiers would not desire the privi- 
 ege of voting. I am satisfied he was right 
 rom my experience in this matter. 
 
 Mr. SHANKLIN. If I understand the gentle- 
 man's speech, he is opposed to the whole bill. 
 
 Mr. SMITH of Linn. I was advocating my 
 amendment. 
 
 Mr. SHANKLIN. The argument of the gen- 
 leman was in favor of his amendment, but was 
 against the whole bill. One of the reasons the 
 gentleman urges why we should adopt his 
 amendment, is the want of facilities for com- 
 municating with the soldiers. Now, I appeal 
 o gentlemen from my section of the country, 
 whether it is not easier to communicate with 
 Shiloh than with Springfield, and whether our 
 acilities for ascertaining the condition of the 
 troops in Tennessee are not better than those 
 of South-west Missouri. If I was going to 
 communicate with the troops at either place, I 
 could reach Corinth much easier than Spring- 
 field. I cannot see any good reason for ex- 
 luding one class and including another. Now 
 [ call to mind a regiment that fought at the 
 battle of Shiloh. Nearly one-fourth of their 
 number were lulled on the field, a large num- 
 ber were taken prisoners, and the remainder 
 were transferred to Alton as a guard. They 
 were all from Missouri. Now the gentleman's 
 amendment would exclude these men who are 
 quartered just outside the State. The regiment 
 to which my friend (Mr. Jackson) belongs has 
 been ordered to South-west Missouri. Suppose 
 that on the first Monday in August his regi- 
 ment may be just beyond the limits of the 
 State. They would not of course be permitted 
 to vote. Now, I can see no reason for this dif- 
 ference. One argument urged by the gentle- 
 man was, the soldiers would pay no attention 
 to voting. Well, it can do no harm to give 
 them the privilege. Now the gentleman alludes 
 to the election at Chillicothe. Now I knew 
 that Mr. Hawkins had withdrawn before the 
 day of election, but whether the soldiers were 
 aware of it I do not know, although I think it 
 is probable they did. The gentleman talks 
 about consistency. Well, as far as I am con- 
 cerned, that does not apply to me, because I 
 have made no record. I think, however, if gen- 
 tlemen would endeavor to do what is right 
 without regard to a record, it would be much 
 better. 
 
 Mr. WOOLFOLK. I rise, sir, simply to a 
 personal explanation. The gentleman embraced 
 me in the charge of inconsistency, and he tells 
 
221 
 
 the Convention that I voted to take from the 
 privates the right to elect their field officers, 
 and now he says that at this election we pro- 
 pose to let the soldiers vote for civil officers. I 
 did it, sir, and I did it as an act of justice to the 
 men, as an act of propriety, and not because I 
 thought I was robbing them of any rights, but 
 because I thought I was giving them greater 
 rights. I know in the regiment to which the 
 gentleman belonged there was great discussion 
 as to who should be Major, and the minority 
 of the regiment were dissatisfied. Now the 
 Governor appoints only these officers, and in 
 this way there are no dissatisfied minorities. 
 Now it seems to me gentlemen distrust the 
 patriotism of the army. They seem to think 
 that men out of the camp are able to vote and 
 elect civil officers, but that in the army they 
 have not enough discretion to enable them to 
 do this. I think that is wholly wrong. I be- 
 lieve the patriotism of this State is in its 
 army. I believe one-half the Union men in 
 the State are in the camp, and I think it is 
 right to trust them in the exercise of the elec- 
 tive franchise, especially considering that we 
 have secession votes in our State. In regard 
 to the election of Judge Hall, it is a fact that 
 the men voted unanimously for him, and I 
 know it is a fact also, that the people voted for 
 him unanimously everywhere. As to the 
 smallness of the vote, the people took it for 
 granted that the judge would be elected any- 
 how. So it shows that the soldiers in the camp 
 were affected as other men were out. One 
 great argument that I am anxious to impress 
 upon the army is, that they are citizens as well 
 as soldiers. Sir, the greatest danger to-day to 
 the American Republic springs from the fact, 
 that our soldiers, being constantly in camp and 
 separated from social relations, will cease to 
 feel as citizens. The moment the soldier feels 
 he is not a citizen, that moment I shall expect 
 to see a military despotism, and I believe the 
 best Avay to avoid it is to allow the right of 
 suffrage to every soldier in the Union. Let 
 him feel he is not forgotten at home. Let his 
 heart be cheered by the thought that, although 
 he is battling for his country in distant lands, 
 that we have extended to him the same right 
 of suffrage as when he was at his own hearth- 
 stone. In that way we will give the soldiers to 
 understand that they are still citizens, and we 
 will remove from ourselves the greatest danger 
 we have to dread at this time, that of making 
 the soldier's interest different from the citi- 
 zen's. 
 
 Mr. SMITH of Linn. I have no objection at 
 all to the gentleman's making a pretty speech 
 eulogizing the soldiers. He may say all the 
 pretty things he sees proper, but I do object to 
 his putting me in a false position, or putting 
 words into my mouth that I never uttered. To 
 say, sir, that by my statement and argument I 
 distrusted the patriotism of the soldiers, is a 
 thing I never intended to say, and I am satis- 
 fied nothing I said will justify such a conclu- 
 sion. 
 
 Mr. WOOLFOLK. If I made the impression 
 on the gentleman's mind that I charged him 
 with anything of that sort, I wish to disclaim 
 it. I merely said I thought such was the re. 
 suit of the argument. 
 
 Mr. SMITH. I cannot come to any such 
 conclusion. There is a law on the statute 
 book, that has existed since the State was or- 
 ganized, in reference to voting. No man has 
 been permitted since the State was organized 
 to cast a vote out of the State for any person 
 in the State. His locality has been prescribed 
 to a county or town in the State. I have not 
 proposed to exclude those who are in the State, 
 but I desire to adhere as closely as possible to 
 the usages of our fathers. If the gentleman's 
 argument is true, I ask why the sympathies of 
 the people have not been aroused before now 
 in favor of soldiers in the regular army. Since 
 the State was organized they have been pro- 
 hibited from voting, and if it is necessary to 
 remind them they are citizens, why has it not 
 been done ? I see no reason for this radical 
 change and I am opposed to it. 
 
 Mr. JACKSON. I wish to say a few words 
 because I appreciate my worthy and distin- 
 guished colleague very highly, and we have 
 got along very well together in this Conven- 
 tion. But I would remind my distinguished 
 colleague that this regiment in which I hold a 
 commission was recruited last winter, and that 
 the major part of that regiment knew who 
 their officers were to be. That was the under- 
 standing when we were called into service. I 
 admit, sir, I hold my appointment in that regi- 
 ment from the Executive of the State, and I 
 am proud of it. I do not know whether the 
 regiment endorsed me or not. I have had no 
 intimation that they do not. My worthy col- 
 league holds his position by appointment, and 
 I have no doubt it is agreeable both to him 
 and to his men. I believe I am willing to pair 
 off with him by saying, that he who lives in a 
 glass house better not throw stones. 
 
 The vote was taken on the amendment of 
 
222 
 
 Mr. SMITH, and resulted, yeas 27, nays 34. So 
 the amendment was lost. 
 
 Mr. BRECKINRIDGE offered an amendment, 
 changing "commander" to commanding officer, 
 and instead of the first day of August, " the 
 day of the next general election." 
 
 The amendment was agreed to. 
 
 The ayes and nays were then demanded on 
 the first section and it was adopted, yeas 42, 
 nays 20. 
 
 Mr. HITCHCOCK. (In explanation.) As we 
 are reduced to the necessity of either permitting 
 or not permitting soldiers, in or out of the State, 
 to vote, I must vote aye. I cannot consent that 
 none should vote. 
 
 The other sections of the bill up to the thir- 
 teenth were adopted without discussion. 
 
 The thirteenth section was taken up. 
 
 Mr. DUNN. Having voted thus far against 
 all amendments that were calculated in their 
 nature to embarrass the ordinance, and having 
 voted for each section as far as we have pro- 
 ceeded, I think I am entitled to be considered 
 as a friend of the bill, for I expect to vote for 
 the final passage of the ordinance. I therefore, 
 as a friend of the bill, call upon the members 
 of the Convention, and friends of the bill 
 especially, to assist me in voting for (he rejec- 
 tion of the section now under consideration. 
 My position in regard to it can best be illus- 
 trated by what was said of an old friend of 
 mine who was somewhat noted for his hos- 
 pitality, and who, when his friends came to 
 see him, was in the habit of treating them with 
 something that he called good liquor. This old 
 friend, on such occasions, invariably took the 
 first drink, and when he was called onto assign 
 the reason for such singular conduct, he said 
 he did it for the purpose of showing to his 
 guests that the liquor was not poison. 
 
 Now, let us make no distinction. Let, every 
 voter, as far as this matter is concerned, be 
 placed on the same footing, and let soldiers be 
 required to take the oath as well as civilians. 
 
 Mr. HALL of Buchanan. Instead of striking 
 out the whole section, I move to strike out the 
 word "not." 
 
 Mr. MCFERRAN. I hope the amendment will 
 not prevail. I see no reason for requiring sol- 
 diers to take the oath prescribed by the Con- 
 vention. The presumption is, that as they 
 have taken upon themselves the discharge of 
 the duties of soldiers in behalf of the Union, 
 their loyalty cannot be questioned. I hear the 
 question asked around me by gentlemen whose 
 loyalty is unquestioned : " How does it happen 
 
 the soldiers are better than lam?" I would 
 say to gentlemen they are not any better, but, 
 sirs, they are in different circumstances and 
 engaged in different avocations. They are not 
 mixed up, as the people of the State are, with 
 a disloyal element. Among the people of the 
 State we cannot discriminate between the loyal 
 and disloyal, but with the soldiers it is different. 
 There is no disloyal element among the sol- 
 diers. 
 
 Mr. SHACKELFORD of Howard. I \vould 
 ask the gentleman whether he has not in his 
 regiment, and to his own knowledge, a number 
 of men who are returned soldiers from Price's 
 army? 
 
 Mr. MCFERRAN. Not that I know of. 
 Again, sir, this amendment is wholly unneces- 
 sary. It is placing the soldiers on precisely 
 the same footing, as far as their loyalty is 
 concerned, with the men that went to Price's 
 army and raised their arms against the Govern- 
 ment. There is no reason why the loyal soldier, 
 who is defending his country and risking his 
 life in its defence, should be required to take 
 an oath of this sort, and I am entirely opposed 
 to it. 
 
 Mr. HALL of Buchanan. I cannot under- 
 stand why one oath should be prescribed to the 
 citizen and another to the soldier. At St. 
 Joseph' we have, perhaps, a thousand soldiers 
 who will be present at our election; and I do 
 not see why General Loan, as a soldier, shall 
 not be required to take the same oath which I 
 and the rest of the citizens will have to take. 
 Let us treat soldiers just as we do citizens, and 
 I will venture to say no soldier in the service 
 will raise his voice against it. 
 
 Mr. GRAVELLY. I endorse what the gentle- 
 man from Buchanan has said. As far as my 
 soldiers are concerned they would be glad to 
 take the oath. 
 
 Mr. SMITH of St. Louis. I think we had 
 better let these soldiers take the oath. We 
 have prescribed it for the preachers, and I 
 think the soldiers will like it. 
 
 The vote was taken and the amendment was 
 agreed to. 
 
 The remaining sections were then adopted, 
 and the ordinance was passed. 
 
 QUESTION OF PRIVILEGE. 
 
 Mr. STEWART. Mr. President, on yesterday 
 an exceedingly choice bouquet was placed upon 
 my table without explanation. Not knowing 
 the object of its being placed there, some 
 withered flowers in the vase on the President's 
 stand were removed, and the bouquet mentioned 
 
223 
 
 put in their place. Since that time I have 
 ascertained that it was presented to me as a 
 personal compliment by some ladies of Jeffer- 
 son City, and that the flowers were wreathed 
 by the hands of those whose hearts are as 
 patriotic, loyal, and pure, as the flowers are 
 delicate, beautiful, and fragrant. I consider 
 myself highly honored by the rarepresen', and 
 return the fair donors my most heartfelt thanks, 
 together with ray best wishes for their future 
 prosperity and happiness. 
 
 COLLECTING THE RtVENUE. 
 
 The ordinance in reference to assessing and 
 collecting the revenue was taken up. 
 
 Mr. BROWN. I move to amend the second 
 section by providing that the counties of 
 Jackson, Cass and Bates shall be relieved from 
 the payment of the taxes of 1860-1-2. In 
 introducing my amendment I wish to be under- 
 stood that under no ordinary circumstances 
 would I ask special legislation for these coun- 
 ties, but, sir, these are not ordinary times with 
 these counties. If I could impress upon this 
 Convention the facts as to how these people 
 have suffered, I believe every member here 
 would be inclined to throw around them the 
 mantle of charity. Until within twelve months 
 they have been as independent as any people in 
 the State, but within the few months past they 
 have had their houses pillaged and burned, and 
 they have been robbed of everything of stock, 
 provisions, and household goods. I know of 
 people who have been even robbed of almost 
 every article of clothing. Citizens have been 
 thrown and robbed of their shoes ; and, in some 
 cases, the unfinished webs have been cut from 
 the widows' looms, and the artificial teeth hav 
 been taken from the mouths of persons for the 
 sake of the gold plating. I know these people 
 are in such a distressed condition that they are 
 unable to pay their taxes, and unless they get 
 relief from this body, their lands will inevitably 
 have to be sold to pay their taxes. I hope 
 these unfortunate people will receive the favor 
 able consideration of this body. 
 
 Mr. COMINGO offered a substitute exempting 
 the people of the above named counties from 
 taxation for the years 1861-2, and providing 
 for the taxation of non-residents. 
 
 Mr. OBR moved to except from taxation 
 nearly all the counties in southwest Missouri 
 but was declared out of order. 
 
 Mr. COMINGO. Now, sir, as I stated to th 
 Convention the other day, this looks like an 
 extraordinary proposition, but I have statec 
 what is now the condition of the people of thes 
 
 ounties, and I think every member of this 
 Convention must admit that they are deserving 
 f aid at our hands. I suppose every man in 
 hose counties has suffered. Now, it is a part 
 f the contract that where people pay their 
 axes they shall receive protection. 
 
 Mr. HALL of Buchanan. Does the gentle- 
 man in his proposition relieve the secessionists 
 who have been the cause of all this? 
 
 Mr. COMINGO. I suppose that upon legis- 
 
 ating upon a matter of this land, our legislation 
 
 must fall somewhat like the rains and dews of 
 
 leaven, upon the just and the unjust. I cannot 
 
 onceive how any measure of relief can affect 
 
 ne class of men without affecting all. The 
 
 Almighty tells us that the sun shines upon the 
 
 good and the evil. It is evident we cannot 
 
 draw up an ordinance of this sort without 
 
 laving reference to the disloyal people who 
 
 lave done harm to this country. As I remarked 
 
 he other day, all classes in that community 
 
 lave suffered, and we ask this relief as a matter 
 
 of simple justice, and I trust it will be granted. 
 
 Mr. SHEELEY. I represent in part a district 
 which at one period of the history of this State 
 was second in wealth to none outside of St. 
 Louis. I live in a county in that district which 
 was the second or third county in point of 
 revenue. Now, sir, I doubt whether any county 
 in the State stands in a much worse condition 
 than Jackson at this time. Our negroes have 
 been taken off to Kansas by Jennison and Lane, 
 the great brigands of the western border. Our 
 horses, mules, oxen, wagons, carriages, and 
 even the false teeth of some of our citizens, 
 have been stolen and taken away. Our district 
 has been ruined by these men. In the county 
 of Cass three hundred as fine dwellings as any 
 county could boast have been reduced to ashes, 
 and mills and houses have been burned indis- 
 criminately all through Jackson, Bates, and 
 Cass. I venture to say there is no citizen in 
 that whole district who has riot been affected 
 directly or indirectly by these raids of Jennison 
 and Lane. We have heretofore paid a large 
 amount of revenue j but if we are forced to pay 
 our revenue for 1861, we cannot do it. We 
 have not even got the means to pay our indi- 
 vidual debts. I therefore appeal to the Con- 
 vention to relieve us. 
 
 Mr. ORR then offered an amendment to 
 exempt from taxation the various counties in 
 south-west Missouri that have suffered from the 
 effects of the war. 
 
 Mr. LEEPER moved to exempt certain coun- 
 ties in south-east Missouri. 
 
224 
 
 Mr. BRECKINRIDGE. I would be very glad 
 to vote for this amendment if I could, but I 
 cannot do it. Gentlemen, I think, will see 
 from the rapidity with which members rise 
 one after another and propose amendments, 
 that if this thing continues we will be in a 
 condition presently in which the State will have 
 no revenue at all. The people of the whole 
 State have suffered terribly in all their pecuniary 
 interests. There is no portion of the State in 
 which the payment of the taxes will not be 
 regarded as a grievous burden. I know very 
 well the people whom I represent here, and 
 who have been comparatively free from the 
 distresses immediately resulting from this war, 
 still have suffered immensely 5 and that many 
 of those who have heretofore lived in ease and 
 comfort, have been in great distress for months 
 past. Now I do not ask relief for them, and 
 yet there are reasons why, if relief is to be 
 given, it should be given to them. But I do 
 not ask it for them, and I would not ask it for 
 them, especially now. I know it would be 
 difficult for me or any one else to fully estimate 
 the sufferings, losses, and trials that have been 
 endured by the people on the western and 
 southern borders of this State. I have no idea 
 that any one who has not lived among that 
 people can realize the horrors through which 
 they have passed during the last few months. 
 I have no doubt their condition is deplorable, 
 and I deeply regret it. But I suggest, if we go 
 on as we have been doing it will be impossible 
 to fix the lines between those who deserve 
 relief and those who do not. In a time of 
 universal pecuniary distress you cannot proper- 
 ly pass upon such a measure as this. If you 
 do, you will have no revenue at all, and it will 
 be impossible to carry on the Government of 
 the State. Now, I say, if it is possible, some 
 relief should be devised for these people. The 
 Legislature is to meet next winter ; it is a body 
 far better fitted to deal with a matter of this 
 kind than we are. When it meets, it will be 
 able to fix the burden of taxation ; and I do not 
 believe that in the interval between this time 
 and the meeting of the next Legislature, any 
 
 evils resulting from the forced collection of 
 
 taxes will fall upon our fellow-citizens. When 
 
 the Legislature meets, they can prevent legal 
 
 ! steps being taken in such cases as have been 
 
 suggested against parties who are not able to 
 
 ; pay their taxes. 
 
 The State must have a certain amount of 
 revenue. We have a large State debt, and the 
 interest on that has not been paid for eighteen 
 months. Now, then, a proposition is made to 
 relieve the people of certain counties. If we 
 I relieve those counties of their proportion of the 
 tax, just in that proportion we increase the 
 burden of other counties. You relieve abso- 
 lutely a portion and impose additional burdens 
 on others. Then, again, it is absolutely neces- 
 sary that the credit of the State should be 
 i sustained abroad. I imagine that our securities 
 j will cease to be as valuable, even as they are, 
 when those who are interested in our bonds 
 discover that, as we begin to extricate ourselves 
 from our difficulties, we begin to diminish the 
 , only resource we have for the payment of our 
 | debts. Public confidence will be destroyed, 
 j and the State will be disgraced abroad. I 
 desire as much as any man to see relief afforded 
 j in all cases where it is actually necessary, but 
 j I suggest that the Legislature is the proper 
 body to consider this matter ; and the delay 
 | which will occur between this time and the 
 meeting of the next Legislature will not, unless 
 I am greatly mistaken, work any serious harm. 
 Mr. MARVIN. If it is to be the policy of 
 ; the Convention to relieve counties in this way, 
 I shall feel under obligations to put in the 
 counties composing my district. Two of those 
 counties have suffered as much as any counties 
 in the State, and the county seats of both have 
 been burned up. Price's army was stationed 
 at Osceola two months, and ate out nearly the 
 whole county. But I am not Vn favor of af- 
 fording relief in this way. My plan would be 
 to allow future Legislatures to afford relief. 
 I believe all meritorious cases would be reached 
 in this way much better than by the plan here 
 
 The Convention then adjourned. 
 
225 
 
 ELEVENTH DAY. 
 
 JEFFERSON CITY, 
 Friday, June 13, 1862. 
 
 Met at 9 A. M. 
 
 Prayer by the Chaplain. 
 
 A bill appropriating $12,000 for the pay of 
 members and officers of the Convention was 
 passed. 
 
 The Committee on Finance, to whom was 
 referred the memorial of Mr. Morrison, ex- 
 State Treasurer, reported that it was inexpedi- 
 ent to legislate. 
 
 A bill appropriating $50,000 in defence war- 
 rants, for the care of the sick and wounded 
 soldiers of Missouri, was passed. 
 
 Mr.. Pomeroy presented resolutions instruct- 
 ing our members of Congress to procure the 
 passage of a law to reimburse the citizens of 
 this State whose property may have been wan- 
 tonly destroyed by United States troops. 
 
 Referred to a select committee, consisting of 
 Messrs. Birch, Dunn, Pomeroy, Marvin, and 
 Meyer. 
 
 Mr. Hall, from the Committee on Constitu- 
 tion, reported a bill to classify the members of 
 the Senate hereafter, according to the provis- 
 ions of the Constitution, which was passed. 
 
 A bill to repeal an act to separate the offices 
 of Sheriff and Collector in Washington county, 
 introduced by Mr. Cayce, was defeated. 
 
 The bill amending the Constitution in refer- 
 ence to the time of holding elections was re- 
 ported back from the committee, with an 
 amendment to strike out the third Monday in 
 October and insert the Tuesday next after the 
 first Monday in November. 
 
 The amendment was agreed to. 
 
 The bill was then made the special order for 
 3 o'clock. 
 
 COLLECTION OF THE REVENUE. 
 
 The bill in relation to Assessors and Collec- 
 tors, and for the payment of certain accounts, 
 was taken up. 
 
 The question being on the amendment offer- 
 ed by Mr. Orr yesterday, to exempt the coun- 
 ties in the Southwest from taxation, 
 
 The amendment was disagreed to. 
 
 The VICE PRESIDENT. The question is on 
 agreeing to the amendment offered by the gen- 
 tleman from Jackson, (Mr. Comingo). 
 
 The vote was taken and the amendment was 
 lost. 
 
 15 
 
 Mr. Johnson moved to insert after the word 
 " law," in the seventh line, the words " for the 
 years 1861 and 1862," and to strike out all af- 
 ter the word " taxed," in the seventh line, to 
 the word "on," in the same line. 
 
 Mr. MCFERRAN. If the ordinance is to be 
 passed, this amendment ought to be passed also. 
 It would seem, sir, to be very hard to assess in 
 those counties where there has been no assess- 
 ment, and where the property has been desroyed 
 and carried off. Now, this amendment will 
 simply require the Assessors to assess on prop- 
 erty that the persons owned on the first day 
 of February, 1862. We know very well that, 
 in some counties in this State, the people have 
 been deprived of all their property since Feb- 
 ruary 1, 1861. 
 
 Mr. ISBELL. My experience in assessing 
 has been quite extensive, and I know it is al- 
 most impossible to get at property in that way. 
 I think we had better say all property owned 
 at the time of the assessment shall be taxed, 
 and none other. 
 
 Mr. HALL of Buchanan. This is a matter of 
 importance to the whole State at large, and I 
 must confess I am not able to understand the 
 subject as I would wish to before I vote. Now, 
 I am satisfied from what has been said that we 
 must afford relief of some sort to some por- 
 tions of the State. I do not believe it is possi- 
 ble for' the people of the Southwest, of Jack- 
 son and other counties, to pay the tuxesassessed 
 against them, and yet I do not think it right 
 to say they shall pay no taxes at all. But we 
 ought not to attempt to collect from them what 
 it would be utterly impossible for them to pay. 
 Now, if we undertake to pass this ordinance 
 as it is, you will impose burdens upon these 
 counties that they cannot pay, and you will 
 take everything they have. I am not willing 
 to exempt these people, and yet I am not will- 
 ing to inflict upon them such a burden as this. 
 
 It appears to me we had better refer the 
 whole subject to the Legislature, where it will 
 be understood better than we can understand 
 it. 
 
 Mr. DOUGLASS. It seems tome a cursory 
 examination of this ordinance will satisfy ev- 
 ery member of the Convention that it ought 
 to be passed. The condition of the revenue 
 requires that we should adopt some measure 
 
226 
 
 of this kind. The bill is not intended to be 
 permanent. It is only intended to apply to a 
 temporary emergency. I am informed by 
 those who have charge of the financial depart- 
 ment of the State that unless we adopt some 
 measure of this kind, the finances of the State 
 will suffer serious detriment. I have also been 
 informed that a measure of this kind, if adopted, 
 will save to the State many thousands of dol- 
 lars every day. If it is not adopted, there will 
 be a corresponding amount lost to the State. 
 It seems to me the objections which have been 
 urged against the ordinance have already been 
 sufficiently answered. I am aware, as well as 
 every member of the Convention, that the 
 counties for which relief is sought to be ob- 
 tained have suffered extremely, and I think 
 thej r will be proper subjects of legislation here- 
 after, and it strikes me, Mr. President, that 
 this relief can be as well obtained by applica- 
 tion to the next Legislature as it can be obtain- 
 ed now. In the mean time, the counties alluded 
 to will not suffer any serious inconvenience. 
 
 Mr. MCFERRAN. I would like very much 
 to have some action on this matter. I know, 
 as we all do, that the State revenue is in a de- 
 plorable condition, and that it is with great dif- 
 ficulty that any has been collected. In some 
 counties none has been collected at all. I sug- 
 gest that we pass this amendment which has 
 been offered. If the Convention will consider 
 it, they will pass it without hesitating at all. 
 
 I ask the Convention to bear in mind that 
 this ordinance only provides for such counties 
 as the revenue was not assessed in for the years 
 1861-2, and especially for the year IS9L. The 
 amendment simply provides that such proper- 
 ty only as the individual owned on the first day 
 of February, 1862, shall be assessed. Now, 
 sir, considering this to apply to counties where 
 there was no assessment for the year 1861, and 
 that it only assesses such property as a man 
 had at that time, I would suggest that unless 
 the. amendment is adopted the bill itself will be 
 rejected. 
 
 Mr. HALL. I move to lay the bill on the 
 table. 
 
 The vote was taken. 
 
 Mr. HITCHCOCK, (in explanation of his vote). 
 I observe that by striking out the first four 
 sections of the ordinance we can accomplish 
 ' all that is desired. The remaining sections 
 will enable the State to receive the revenue 
 which is now lying idle. 
 
 Mr. MCFERRAN, (in explanation). I shall 
 vote against laying on the table, with the un- 
 
 derstanding that the first four sections will be 
 struck out. 
 
 The vote was announced as follows : Yeas 
 18, noes 47. 
 
 So the motion to lay on the table was lost. 
 
 Mr. JOHNSON. I withdraw my amendment, 
 if the first four sections are withdrawn. 
 
 Mr. COMINGO. I have not withdrawn my 
 substitute. 
 
 Mr. MCFERRAN. I move to strike out the 
 first four sections of the ordinance. 
 
 Mr. WELCH. The amendment offered by 
 the gentleman from Daviess will result to the 
 material injury of the finances of the State. 
 The members of the Convention are generally 
 aware that in very man}'' counties of the Stajte 
 there has been no assessment for the year 1861 
 or 1862, and that under the law as it now stands 
 there is no authority in the Assessors to be 
 elected in August next to assess the property 
 of the State for either of those years, and 
 hence Hie assessments for those two years must 
 fail entirely if the amendment offered by the 
 gentleman from Daviess prevails. The first 
 four sections were intended to embrace that 
 class of men who have, for reasons satisfactory 
 to themselves, removed their property from 
 the State. Millions of property have been 
 removed out of the State willingly and volun- 
 tarily (not stolen) by the owners, and they 
 should be taxed for it. I insist that if this prop- 
 erty was here on the 18th day of February, 1861, 
 the owners are liable, under the laws of the 
 State, to be taxed for it, even though they have, 
 since that time, voluntarily removed it from 
 the State. 
 
 Mr. MCFERRAN. I desire to withdraw the 
 amendment I have offered. I am not willing 
 that the gentleman shall cast the odium on me 
 of refusing to tax these men who have carried 
 their property out of the State. 
 
 The VICE PRESIDENT. If there is no objec- 
 tion, the gentleman will withdraw his amend- 
 ment. 
 
 Mr. ORR. I object. 
 
 Mr. MCFERRAN. I will amend my amend- 
 ment by moving to strike out the first three 
 sections. 
 
 Mr. HOWELL. I suggest an amendment. 
 Add, after 1861, ''except such property as 
 may have been stolen from the owner without 
 his consent." 
 
 Mr. WELCH. I have no objection to a pro- 
 position of that sort. The only difficulty that 
 suggests itself is that there is no mode of car- 
 rying it out. 
 
227 
 
 Mr. BIRCH. I move to amend the first sec- 
 tion by adding, " The Assessors shall be re- 
 quired to make remarks on their returns of all 
 cases that seem to dnuaml relief." This, I 
 think, would cover the whole ground. It would 
 not give the Assessors power to leave out any- 
 thing, but it would merely instruct them to 
 state the cases that demanded relief, and after- 
 wards they could give such information to the 
 County Courts. 
 
 Mr. McFERRAN. I will restrict my amend- 
 ment to striking out the first two sections. 
 
 Tin- rote was taken, and the motion to strike 
 out the first and second sections was lost. 
 
 -SAGE FROM THE GOVERNOR. 
 
 The following communication from the Gov- 
 ernor was laid before the Convention : 
 
 Gentlemen of the Convention : 
 
 I desire to call your attention to a subject 
 which, in my judgment, ought to be acted 
 upon. 
 
 The President of the United States, in a 
 message sent to Congress during its present 
 on, proposed the adoption of a joint reso- 
 lution declaring the willingness of Congress to 
 furnish aid to any of the slave States that may 
 think proper to adopt a measure of gradual 
 emancipation. The language of the resolution 
 proposed is not quoted, but such is its sub- 
 stance. 
 
 The resolution was adopted by both Houses, 
 and so becomes an offer by Congress. If we 
 assume that it will be carried into effect by ap- 
 propriations to be made by a future Congress, 
 it is a proposition of unexampled liberality, and 
 whatever may be the views of the members of 
 the Convention upon the subject of emancipa- 
 tion, the proposition calls for a courteous re- 
 sponse. Courtesy between Governments is as 
 much required as between individuals. 
 
 This State has received from the Govern- 
 ment of the United States great attention and 
 kindn'ess. Large armies have been maintained 
 for our protection against invasion, and they 
 have battled gallantly in our defence. Money 
 has been given us by the Government to equip 
 our own citizens for their own defence. And 
 now a considerable number of troops of our 
 own people are armed and subsisted, clothed 
 and paid by the Government, in order that we 
 may protect ourselves. 
 
 Under such treatment it would be unbecom- 
 ing to pass over in silent indifference a propo- 
 sition originating with the President -of the 
 United States. 
 
 Many of our citizens, and possibly the au- 
 thorities at Washington, have expected that 
 the Convention would take some action upon 
 an ordinance containing a scheme of gradual 
 emancipation. The Convention has acted upon 
 an ordinance upon this subject by laying it 
 upon the table. The course thus adopted is 
 understood to dispose of the subject, according 
 to your rules, for the present session, and there- 
 fore it is not now intended to propose to you to 
 reopen and reconsider the subject. But this 
 action of the Convention will, without doubt, 
 be so misrepresented as to excite a hostile feel- 
 ing to the State among all those in authority 
 who favor emancipation, and thus injuriously 
 affect the interests of the State. As no reason 
 could be given upon the motion by which the 
 ordinance was disposed of, the result may be 
 represented as rudely discourteous to the Pres- 
 ident and Congress. The manifest propriety 
 of making a response to the offer of the Presi- 
 dent and Congress affords an opportunity of 
 removing all grounds for such an unjust and 
 injurious imputation. 
 
 If, in the understanding of the Convention, 
 it was not contemplated by the people when 
 electing the body, that it should ever act upon 
 the subject of slavery in the State, and there- 
 fore such action would be improper ; or if the 
 Convention believes that the public mind is so 
 agitated already that the proposal of any scheme 
 of emancipation would produce dangerous ex- 
 citement, there can be no objection to assign- 
 ing either as a reason for abstaining from ac- 
 tion upon the subject, and leaving it for a dif- 
 ferent body or another time. When the reason 
 is thus given, misrepresentation is prevented, 
 and the proposition made by the President and 
 Congress is so answered that there will be no 
 appearance of a design to treat their offer with 
 neglect. 
 
 In theory, Conventions are understood to 
 possess all political power, but in actual prac- 
 tice they confine themselves to the measures 
 upon which the people, at the time of their 
 election, expected them to act. When this 
 Convention was chosen, the subject before the 
 public mind was the relations between the 
 State and the General Government. Acting 
 upon this subject, the Convention deposed a 
 Governor and Legislature, because they were 
 trying to disturb those relations ; militia ordi- 
 nances were adopted, because a military force 
 was necessary to maintain those relations ; the 
 offices of all persons in office who refused to 
 take an oath of allegiance were vacated, be- 
 
228 
 
 cause official power in the hands of disloyal 
 persons might be employed to disturb such re- 
 lations ; laws were vacated, because they had 
 been passed for the purpose of bringing on a 
 collision with the General Government. In 
 fine, the action of the Convention has been 
 mainly addressed to the one subject which it 
 was elected to consider, and those which natu- 
 rally arose out of it. 
 
 When, then, it is asked to entertain a propo- 
 sition which is to effect a radical change in the 
 social organization of the State, it is well war- 
 ranted in declining to act upon the proposition, 
 on the ground that the people, in choosing the 
 Convention, never intended or imagined that 
 the body would undertake any social revolu- 
 tion wholly unconnected with the relations be- 
 tween the State and the General Government. 
 No person who understands the principles of 
 our Government would object to such action, 
 unless it be one who is willing to disregard all 
 principle to accomplish a desired end. 
 
 If the Convention, assembled from all parts 
 of the State, is satisfied that in the present con- 
 dition of the public mind any proposition upon 
 the subject of emancipation would produce ex- 
 citement dangerous to the peace of the State, 
 the statement of that, as a reason for declining 
 to act upon the offer of the Government, ought 
 to satisfy every person that such declension is 
 not intended as any disrespect to any other body 
 or officer. 
 
 It is not suggested that the Convention is to 
 make any apology to any person ; but as the 
 proposition made by the Government of the 
 United States is one which is entitled to a re- 
 spectful answer, in express language, it would 
 be very appropriate to adopt a resolution as a 
 direct response. This need not produce any 
 general discussion, as it need not involve the 
 merils of the question of emancipation. It 
 would only be an act of courtesy to the author- 
 ities of our Government, who have made a 
 proposition which, if it ever be carried into ef- 
 fect, will exhibit the greatest liberality. 
 
 It is, therefore, submitted to the Convention 
 that a resolution be adopted which shall be a 
 response to the offer made by the President 
 and Congress. H R GAMBLE> 
 
 Mr. HALL. I move that the message be laid 
 on the table, and 200 copies printed. 
 The motion was agreed to. 
 
 THE REVENUE BILL. 
 
 The consideration of the revenue bill was 
 resumed. 
 
 Mr. SHEELEY offered the following amend- 
 ment to the first section : " It shall be the duty 
 of the county courts of Cass, Jackson and Bates 
 to cause the property of those counties to be 
 re-assessed for the year 1861; and only such 
 property as may have been owned on the 1st 
 day of February, 1862, and such as shall have 
 been voluntarily removed out of said counties, 
 shall be re-assessed ; and the revenue of those 
 counties shall be based on the list of re-assess- 
 ment." 
 
 There are two counties in my district which 
 have been assessed for the year 1861, and the 
 books are in the office of the County Clerk, but 
 a large amounr of that property has been stolen 
 from us. If a gentleman has taken his property 
 out of the State voluntarily, I do not propose to 
 relieve him, but only those whose property has 
 been taken from them without their consent. 
 
 Mr. ALLEN. I have a proposition which I 
 think will meet the case and make it more 
 general. Add to the first section: "and that 
 the county court be authorized, as a court of 
 appeals, to investigate the tax book; and on 
 satisfactory evidence of the amount of property 
 stolen, the said amount so assessed shall be 
 erased from the tax book." 
 
 Mr. SHEELEY. That will not reach my coun- 
 ties, because the court of appeals for this year 
 is closed. . * 
 
 Mr. MATSON. I move to strike out Jackson, 
 Cass, and Bates, and let it apply to the whole 
 State. 
 
 The motion was agreed to. 
 
 Mr. COMINGO moved to amend the amend- 
 ment by striking out all after the word "shall," 
 and insert "assess all property owned by the 
 tax-payers of these counties on the 1st day of 
 February, 1862, and on such assessments shall 
 be levied the taxes for 1862." 
 
 Mr. SHEELEY moved the previous question. 
 The motion was not sustained, and the further 
 consideration of the bill under the rules was 
 postponed until to morrow. 
 
 ELECTIONS IN CERTAIN COUNTIES. 
 
 The bill in relation to holding elections in 
 certain counties was taken up. 
 
 Mr. SHACKELFORD of Howard mored to 
 strike out the first five sections. The motion 
 was lost. 
 
 Mr. BIRCH moved to perfect the section by 
 inserting in the fourth line of the first section 
 the word '" townships" instead of "precincts." 
 The amendment was agreed to. 
 
 Mr. BIRCH moved to further amend by in- 
 
229 
 
 sorting after the word "polls," in the fifth line, 
 the words "which shall be at the same plaiv, 
 as near as may be, as the elections were author- 
 ized to be held for members of this Convention." 
 The amendment was adopted. 
 
 Mr. DOUGLASS moved to insert after the 
 word "and," in the fourth line, the words "a 
 majority of." The motion was agreed to. 
 
 The Convention then adjourned to 2 o'clock 
 
 P. M. 
 
 AFTERNOON SESSION. 
 
 On motion of Mr. BRECKINRIDGE, the mes- 
 sage of the Governor was referred to a special 
 committee consisting of Messrs. Breckinridge, 
 Douglass, Doniphan, Orr, and Howell, with 
 instructions to report such response as may be 
 deemed proper in reference to the proposal 'of 
 the scheme for gradual emancipation by Con- 
 gress. 
 
 Mr. HITCHCOCK offered the following : 
 
 WIIKUEAS, the Congress of the United States, 
 upon the special recommendation of the Presi- 
 dent, has at its present session adopted a joint 
 resolution in the following words, to wit : 
 
 "Resolved, That the United States ought to 
 co-operate with any State which may adopt a 
 gradual abolishment of slavery, giving to such 
 State aid to be used in its discretion to com- 
 pensate for the inconvenience, public and 
 private, produced by such change of system." 
 
 And, WHEREAS, the President of the United 
 States, in his recent order revoking the pro- 
 clamation made by General Hunter, has 
 earnestly invited the people of the slave States 
 to the consideration of that resolution ; be it, 
 therefore, 
 
 Resolved, That in the opinion of this Con- 
 vention, the proposition contained in that 
 resolution is entitled, as well from its exalted 
 source as from its intrinsic importance, to the 
 deliberate and respectful consideration of the 
 people of Missouri. 
 
 Resolved, That while a majority of this Con- 
 vention have not felt authorized to take action 
 with respect to the grave questions presented 
 by said resolution, yet this body desires cor- 
 dially to recognize the generous spirit therein 
 displayed, as well as the eminent patriotism of 
 the President of the United States in his effort 
 to put down this rebellion and restore peace to 
 this State. 
 
 THE ELECTION IN CERTAIN COUNTIES. 
 
 The bill in relation to the election in certain 
 counties was taken up. 
 
 Mr. MCFERRAN moved to amend by insert- 
 ing : " That the judges and clerks of elections 
 shall be subject to the penalties prescribed by 
 the existing laws." 
 
 The motion was agreed to, and the bill was 
 then passed. 
 
 .CHANGING THE TIME OF ELECTIONS. 
 
 The bill changing the time of holding the 
 State elections was taken up. 
 
 The amendment to strike out the words ' the 
 third Monday in October," and insert "the 
 Tuesday next after the first Monday in Novem-^ 
 ber," was agreed to, and the bill was then 
 passed. 
 
 Mr. DONIPHAN moved to reconsider the vote 
 and to lay that motion on the table. The mo- 
 tion was agreed to. 
 
 The bill in relation to the Register of Lands- 
 was called up, but without being acted upon, 
 and on motion of Mr. HOWELL, was laid on the 
 table. 
 
 The bill for the payment of Division In- 
 spectors was taken up. 
 
 Mr. BIUCH moved to amend the first section 
 after the word " militia," in the third line, by 
 inserting "at the rate of three dollars per day, 
 together with personal expenses, during the 
 time they were actually employed in mustering 
 troops into the service of the State. 
 
 Mr. HALL. I move to amend the amendment 
 by inserting the words "raising and," before 
 the word " mustering." 
 
 The amendment to the amendment was 
 agreed to, and the amendment was then agreed 
 to. 
 
 Mr. PHILLIPS moved to add to the first sec- 
 tion as follows : " Provided, that such Inspectors 
 were not, at the time of such service, receiving 
 pay otherwise as an officer of the militia." 
 
 The amendment was agreed to, and the first 
 section, as amended, was passed. 
 
 Mr. DOUGLASS moved to amend the second 
 section by inserting after the word " service," 
 the words "and such other claims growing out 
 of the service of the State." The amendment 
 was agreed to. 
 
 Mr. BIRCH moved to amend the same section 
 by adding the words "and the commissioners 
 so appointed shall also inquire into and report 
 upon all claims for military service purporting 
 to have been rendered before the claimants 
 were regularly organized into the service of the 
 State, whether for want of an Inspector or 
 otherwise ; and such sums as may be found due 
 to such claimants, according to the very right of 
 
230 
 
 the case, shall be so certified to the Governor, 
 and, if approved by him, shall be paid by the 
 paymaster or the assistant paymaster of the 
 Missouri State Militia." 
 
 The amendment was adopted. 
 
 Mr. HALL of Buchanan, in order to make 
 the provisions of the bill correspond, moved to 
 strike out the Avord " Quartermaster," in the 
 second line, and insert the word " Governor." 
 Agreed to. 
 
 Mr. VANBUSKIRK moved to amend by in- 
 serting after the word " militia," in the second 
 section, the words " or any horses lost by the 
 soldiers prior to their having been appraised.* 
 The amendment was lost. 
 
 The second section was then agreed to. 
 
 Mr. PHILLIPS moved to amend the third 
 section by striking out all after the word 
 " distribution," in the sixth line. The motion 
 was agreed to. 
 
 Mr. HALL of Buchanan offered a new section 
 that all payments shall be in defence warrants. 
 Agreed to. 
 
 Mr. McFERRA^ moved to add a new section, 
 as follows : " This ordinance shall be in force 
 from and after its passage, and may be repealed 
 at any time by the General Assembly of this 
 State." 
 
 This section was agreed to, and the bill was 
 then passed. 
 
 Mr. HALL of Buchanan offered the following : 
 
 Resolved, That the existence of this Conven- 
 tion shall terminate on the 1st day of March, 
 1863 ; and, in the meantime, shall be subject to 
 be called by the Governor, if in his opinion the 
 public exigencies shall require. 
 
 Resolved, That this Convention will adjourn 
 at 11 o'clock A. M. 
 
 Mr. BRECKINIUDGE offered a substitute as 
 follows : 
 
 Resolved, That when the Convention adjourns 
 it adjourn to the 4th of July, 1863, when it shall, 
 without assembling, stand adjourned sine die, 
 subject, however, to the call of the Governor. 
 
 Mr. ORR moved to lay the resolution and 
 substitute on the table. The motion was lost. 
 The substitute was then agreed to. 
 
 Mr. Hendricks introduced a bill supplement- 
 ary to the ordinance defining the qualifications 
 of voters, providing that the ordinance should 
 cease to have effect after 1864. 
 
 Mr. HENDRICKS. Mr. President, I voted for 
 the ordinance, the first section of which ex- 
 cludes persons who have taken up arms against 
 the United States from voting at elections, 
 believing when I did so that a limit would be 
 
 prescribed to the period of their exclusion, and 
 proposed an additional section for that purpose. 
 But it was deemed too indefinite as to time, 
 and was rejected. 
 
 Still believing that for prudential considera- 
 tions it yet should be done, I have introduced 
 this supplementary ordinance for consideration, 
 to limit the restriction imposed upon voters to 
 the last day of July, 1864; and I propose very 
 briefly to give the reasons by which I was 
 induced to vote for the adoption of the ordi- 
 nance, and also my reasons for proposing to 
 limit the restriction so that it shall continue no 
 longer than the reason for it exists, by showing 
 their compatibility with the powers and duties 
 of the Convention, as indicated by the preamble 
 to the Act of the General Assembly calling the 
 Convention and the specific provisions con- 
 tained in the body of the Act. 
 
 In the humble part that I have taken in the 
 deliberations and proceedings of this body, I 
 have always had an eye to the object and 
 purposes for which the Convention was called 
 that is, to consider the existing relations 
 between the Government of the United States, 
 the people and Government of the different 
 States, and the Government and people of the 
 State of Missouri, and adopt such measures for 
 vindicating the sovereignty of the State and 
 the protection of its institutions, as shall appear 
 to them to be demanded. Beyond that we have 
 no right to go, and if we do our action is void. 
 
 This restriction, like every other measure to 
 restrain persons whose minds have been bent 
 upon severing our connection with the Federal 
 Union, is not intended as a punishment for 
 treason ; nor do I suppose any gentleman here 
 entertains any such motive. The laws of the 
 land have fixed the punishment for treason, 
 and for all the purposes of criminal jurispru- 
 dence that is sufficient. Our business is not to 
 punish offenders against the Government and 
 supremacy of the laws, but, in pursuance of 
 the call of the Convention, to adopt such 
 measures to vindicate State sovereignty and 
 protect State institutions as the interest and 
 welfare of the State require. 
 
 It Avas not intended to inflict a punishment 
 for treason when the Convention, in July, de- 
 posed the Governor, Lieutenant Governor, 
 Secretary of State, and members of the General 
 Assembly, and in October adopted measures 
 for the deposition of all rebellious and disloyal 
 officers in the State, and now impose restric- 
 tions upon persons who have taken up arms 
 against the United States in the exercise of the 
 
231 
 
 elective franchise. But it was the action of 
 an organized community of free and sovereign 
 people in Convention assembled, rising up in 
 of extreme necessity for self-protection 
 and self-preservation, in accordance with the 
 great principle of popular sovereignty as the 
 - of our peculiar structure of government. 
 It was the sovereignty of the people defending 
 itself by means both legitimate and indispensa- 
 ble, and therefore within the scope of our 
 jurisdiction. 
 
 For exemplification I lay down these propo- 
 sitions as fundamental truths : 
 
 First. That the true relation of a State to 
 the United States is that of inseparable and 
 perpetual unity. 
 
 Second. That this unity of Government was 
 one of the contemplated objects in the formation 
 and adoption of the Federal Constitution as not 
 only proper, but absolutely necessary and in- 
 dispensable to the maintenance and protection 
 of the State sovereignty and State institutions. 
 
 Third. That every citizen, and particularly 
 every officer of the State, is bound to observe 
 and maintain this relation, by all legitimate 
 means, with unyielding integrity. 
 
 Whenever, therefore, the executive, legisla- 
 tive and judicial functionaries of a State 
 become to be unmindful of this relation, and 
 their sworn obligations 10 observe it, and, in 
 disregard to the will of the people whose ser- 
 vants they are, continue to use their official 
 stations as engines to sever the connection of 
 the State with the United States, and thereby 
 endanger the sovereignty and institutions of 
 the State and the public welfare, the people, 
 who hold the reins of government in their 
 hands, have the right to rise up, and, in the 
 exercise of their inherent and inalienable sov- 
 ereignty, to depose those unfaithful public 
 servants and appoint others in their stead. 
 
 I need not here repeat what has been said a 
 thousand times, and which everybody now 
 knows to be true, that it was for just such 
 conduct as I have mentioned that this Conven- 
 tion deposed the Governor, Lieutenant Gov- 
 ernor, Secretary of State, and members of the 
 General Assembly, in July, and afterwards in 
 October adopted measures for the deposition of 
 all rebellious and disloyal officers in the State. 
 It was not to punish them, but to prevent them 
 from overthrowing the sovereignty of the State 
 and its institutions, by forcing the State out of 
 the Union, against the will of the people and 
 the supreme law of the land, by means of 
 military coercion. In accordance with the laws 
 
 of self-protection and self-preservation, the 
 people snatched the power they had delegated 
 to unfaithful men out of their hands and placed 
 it in the hands of more faithful ones. 
 
 It is now for the same motives and for the 
 same purposes we impose restrictions on per- 
 sons who, by taking up arms against the United 
 States, manifest their co-operation with the 
 public enemy of the Government, and desire to 
 overthrow it. Not in malice, not in revenge, 
 for we know that many are deluded by false- 
 hood and deception, and deserve our sympathy, 
 but for the preservation and perpetuation of our 
 relations with the United States, the restoiation 
 of peace and harmony among ourselves, and 
 the promotion of the best interests and highest 
 happiness of humanity on earth. 
 
 The supremacy of the Government must be 
 vindicated by every legitimate means in our 
 power. Dear as I value the elective franchise 
 as one of the inestimable rights of an American 
 citizen, it must be restricted for adequate cause 
 when the safety of the Government demands it- 
 I believe the necessity for the restriction exists 
 at the present time, and therefore I voted for it. 
 During the present rebellion disloyal men 
 should not hold office, nor disloyal and rebel- 
 lious men exercise the elective franchise. The 
 safety of the country forbids it. 
 
 But for prudential considerations we ought to 
 fix a limit to the period of this restriction. 
 Whenever the necessity for it ceases, the 
 restriction should be removed. To perpetuate 
 the restriction after the cause for it no longer 
 exists, would be an infliction of punishment, 
 which is not our province. And to prove to 
 them we do not hate them, but that our desire 
 to see them return to their loyalty, and assume 
 the high privileges of American citizens, and 
 stand with us side by side as they once did, on 
 terms of social and political equality, let us 
 remove this restriction as soon as possible 
 consistent with safety, and invite our erring 
 friends to meet us with open arms and fraternal 
 hearts. 
 
 A different sentiment from this is not, in my 
 humble opinion, the true Union sentiment. 
 We should not entertain, but disavow the dis- 
 position to hold them by subjugation and 
 humiliation, incompatible with the character of 
 American citizens. 
 
 I have heard some gentlemen express the 
 opinion that this ordinance is an ex post facto 
 law. If so, it is null and void, for we, have no 
 authority to adopt measures above and beyond 
 such as are necessary to carry out the purposes 
 
232 
 
 for which we were called. The authority of 
 the General Assembly to call this Convention 
 or to prescribe its powers, is not the question. 
 The people, who are sovereign, responded to 
 the call, and made it their call, and therefore it 
 is our authority and the only authority we have 
 for everything we do. To punish rebels for 
 treason is beyond our jurisdiction. To restrain 
 them in the exercise of the elective franchise 
 as a necessity for the vindication of State sov- 
 ereignty, and for no other purpose, is legitimate; 
 but to perpetuate the restriction beyond the 
 time when the necessity exists, is to punish 
 them for treason. We have no right to do that. 
 I would not have voted for the ordinance as a 
 measure of vindictiveness. 
 
 A resolution for the payment of the official 
 reporter was introduced and adopted. 
 
 Mr. HITCHCOCK introduced resolutions in- 
 structing the Committee on Printing to pro- 
 cure the printing of the ordinances passed by 
 the Convention in "pamphlet form ; " also the 
 printing of the proceedings of the Convention 
 at no higher rates than heretofore. 
 
 Mr. PHILLIPS moved to amend by instruct- 
 ing the Committee on Printing to contract 
 with George Knapp & Co., for the printing. 
 
 Agreed to and the resolutions were then 
 
 THE COLLECTION OP THE REVENUE. 
 
 The bill relating to Assessors and Collectors, 
 and providing for the payment of certain ac- 
 counts, was again taken up by mutual consent. 
 The first section was finally perfected so as 
 to read as follows : 
 
 SECTION 1. That in all counties in this 
 State -\vhere the Assessors thereof shall, 
 from any cause, have failed to assess the 
 taxable property therein for the years 1861 
 and 1862, or either of them, as required by 
 law, the assessors hereafter appointed shall, 
 in separate books to be prepared as other 
 tax books, proceed to assess all property 
 made taxable by law, and which was owned 
 by the person to be taxed on the first day 
 of February, 1861, and on the first day of 
 February, 1862, and return the same to 
 their respective County Courts in the same 
 manner and at the same time as now re- 
 quired by law for the tax books for the year 
 1863, and the Assessors shall be required 
 to make remarks on their returns in all 
 cases which seem to demand relief. 
 
 The remaining sections were then agreed to 
 and the bill was then passed. 
 
 The Convention then adjourned to 9 A. M. 
 to morrow. 
 
 TWELFTH DAY. 
 
 JEFFERSON CITY, 
 Saturday, June 14, 1862. 
 The Convention met at 9 o'clock. 
 Prayer by the Chaplain. 
 
 INSTRUCTIONS TO OUR CONGRESSMEN. 
 
 Mr. POMEROY, from the Select Committee 
 to whom was referred the resolutions in rela- 
 tion to the wanton destruction and removal of 
 property in this State by the officers and sol- 
 diers of the Federal army, reported back reso- 
 lutions instructing our Congressmen to secure 
 the passage of a bill by Congress for the liqui- 
 dation of all claims of the citizens of the State 
 of Missouri that may be found to have origi- 
 nated from the destruction or removal of pro- 
 perty by certain officers or soldiers of the 
 
 United States, or by persons engaged in a war 
 against the United States. 
 
 The resolutions were adopted. 
 
 THE GRADUAL EMANCIPATION PROPOSITION. 
 
 On motion of Mr. SMITH of St. Louis, it was 
 resolved that no member should speak longer 
 than five minutes. 
 
 Mr. BRECKINRIDGE, from the Select Com- 
 mittee to which was referred the message of 
 the Governor recommending some action in 
 reference to the proposition of the Congress of 
 the United States concerning Gradual Eman- 
 cipation, reported that the Committee had been 
 unable to agree, but that a majority of the 
 Committee had agreed to report the following 
 resolutions. The majority of the Committee 
 
233 
 
 consisted of Messrs. Breekinridge, Orr and been presented by a majority of the committee, 
 
 Douglass. but as our labors were rapidly drawing to a 
 
 II In not, the Congress of the United States, ' close, and as I was not disposed to detain the 
 
 upon (lie special recommendation of the Presi- 1 Convention, or to present anything here that 
 
 dent, lias, at its present session, adopted a joint 
 resolution in the following words, to wit : 
 Resoli-ed, That the United States ought to co- 
 
 might probably get up agitation in a body 
 which in my opinion has no jurisdiction over 
 this matter, I have not prepared any minority 
 
 operate with any State which may adopt a report, or presented any counter resolutions, 
 gradual abolishment of slavery, giving to such ' and will content myself at the present time 
 Statr aid. to be used in its discretion, to com- with simply remarking that the report does 
 pensate for the inconveniences, public and pri- not receive my concurrence. 
 
 vate, produced by such change of system. 
 
 Be it therefore, 
 
 Resolved, That in the opinion of this Conven- 
 tion the proposition contained in the said joint 
 
 Mr. STEWART. I offer the following as a 
 substitute : 
 
 Whereas, the rebellion, inaugurated profes- 
 sedly in behalf of the institution of slavery, has 
 
 resolution adopted by Congress and approved ' greatly diminished the number and value of 
 April 10, A. D. 1862, is entitled, as well from its ! slaves in Missouri, and has produced a condi- 
 
 eminent source as from its intrinsic importance, 
 to deliberate and respectful consideration. 
 
 1!< solved, That while a majority of this Con- 
 vention have not felt authorized to take action 
 
 tion of things tending inevitably to the virtual 
 extinction of slavery in our State not many 
 years hence, by putting an end to the immi- 
 gration of slaveholders with their slaves within 
 
 with respect to the grave and delicate question i the State, and by rapidly hastening their re- 
 of private right and public policy presented by j moval previously commenced to a more South- 
 
 said resolution, yet this body desires to recog- 
 nize the liberality displayed by the Govern- 
 ment of the United States, and to express its 
 profound appreciation thereof. 
 
 Resolved, That the Governor be and he is 
 
 era and congenial clime ; and, 
 
 Whereas, many other interests of our State 
 have by the same general causes been brought 
 into a languishing condition, and the revenue 
 of the State so diminished as to utterly degrade 
 
 hereby requested to transmit copies of the j its finances, and to threaten to engulf us in 
 foregoing resolutions to the President of the : hopeless bankruptcy ; and, 
 United States, and to the presiding officers of Whereas, as a measure of relief, we must de- 
 the Senate and the House of Representatives. ' pend in a great degree upon immigration and 
 Mr. DONIPHAN. The committee met yester- the introduction of capital, and the various in- 
 day and again last night, and we were unable dustrial enterprises that shall develop the vast 
 to agree. The resolution offered by the dis- natural resources of our State ; and, 
 tinguished gentleman from St. Louis (Mr. Whereas, our only hope for future immigra- 
 Hitchcock), that this Convention had referred tion is in the non-slaveholding classes of this 
 to the committee, was before us; I availed and foreign countries, whose prejudices against 
 
 myself of some resolutions prepared by a very 
 distinguished member of this Convention, 
 
 the institution of slavery will continue in a 
 great measure to cause them to shun this State 
 
 which will probably be laid before the Conven- while they have doubts of its ultimate extinc- 
 
 tion this morning and which I prefer. I re- 
 mained with the committee from 7 until 11 last 
 night, and we could not agree. This morning 
 
 tion ; and, 
 
 Whereas, further, the President of the United 
 States has recommended Congress, by a reso- 
 
 I have seen the report of the majority at too lution endorsed by that body, to extend the 
 late a period to prepare a minority report, but , aid of the General Government to all such 
 that is not the fault of the chairman of the \ States as shall adopt a system of gradual eman- 
 committee by any means. He showed them cipation ; and, 
 
 to me very cheerfully as soon as I saw him, I Whereas, this Convention, regarding the 
 but he was hunting me and I him, and in this ultimate and general prosperity of our State as 
 way we did not happen to meet. I rise, there- ] of more importance than any special interest, 
 fore, for the purpose of saying that I dissent and believing that the only question which 
 from those resolutions, and that I prefer the Providence has left for our people to decide in 
 
 resolutions that probably will be offered. 
 
 regard to slavery, is to the manner and terms 
 
 Mr. HOWELL. I desire to remark that I was upon which its extinction in Missouri shall be 
 also unable to concur in the report which has ' accomplished ; therefore, 
 
234 
 
 Resolved, That the subject of gradual emanci. 
 pation be recommended to the consideration of 
 the people as a means by which slavery can be 
 removed from the State with the least possible 
 inconvenience, and with the least injury to 
 those immediately interested. 
 
 Mr. RAY. I move to lay the resolutions and 
 substitute on the table. 
 The motion was lost. 
 
 Mr. BIRCH. (In explanation of his vote.) 
 As I think the message of the Governor is en- 
 titled to a special response from this body, in 
 reference to the proposition made by the Pres- 
 ident and Congress, I shall vote no, in the 
 expectation that we shall get something differ- 
 ent in the way of a response from the resolu- 
 tions proposed by a majority of the com- 
 mittee. 
 
 Mr. STEWART. (In explanation of his vote.) 
 I vote against laying on the table. I have 
 offered my substitute more to give my own 
 views on the subject than anything else, and in 
 order that the people of the State may know 
 my precise opinion on the subject. I do not 
 think there is any necessity for the Convention 
 to pass resolutions in order to satisfy the peo- 
 ple of the North that we occupy a position 
 one way or the other. I suppose they are 
 smart enough to find it out anyhow. I do not 
 believe in exciting discussion, neither do I be- 
 lieve in the propriety of saying that this Con- 
 vention shall pass a resolution without discus- 
 sion, in order to satisfy the people of the North 
 that we did not treat the President disrespect- 
 fully. In voting down the resolution here the 
 other day, it was no insult whatever. I sup- 
 pose it is a matter the President has nothing 
 at all to do with. I suppose we had a perfect 
 right to offer that resolution and to vote it 
 down. I presume, in all probability, I should 
 not have voted for that emancipation bill, but 
 at the same time I believe the people of Mis- 
 souri should extinguish slavery, and I believe 
 further that the rebels have put it in a speedy 
 course of extinction. In this unholy war 
 which has been brought upon us by the lead- 
 ing conspirators of the State, they have them- 
 selves torn down their own pet institution, so 
 that at this day it is utterly worthless. No 
 slaveholder will come here with his slaves 
 hereafter. On the border, to-day, I know 
 slaveholders who are giving their slaves passes 
 to go to Kansas, and anywhere else, because 
 they know they will run away anyhow. I say 
 that the besom of destruction and war has de- 
 solated our fields, burned our houses, stolen 
 
 our property, bankrupted the State, and ruined 
 the institution of slavery ; and in order to re- 
 ain our former position, we have got to de- 
 pend upon immigration not that class of im- 
 migrants who have come to this State hereto- 
 fore with their slaves they will not come be- 
 cause it won't pay but we have got to depend 
 on another class, who have prejudices against 
 the institution of slavery, and who will not 
 come because it is here. It leaves us standing, 
 therefore, without any immigration at all. The 
 nstitution is nothing but a shadow. It has 
 been virtually killed by the leaders of the re- 
 bellion, and I say it is proper for the people of 
 the State to devise some plan by which the im- 
 migration of non-slaveholders can be secured. 
 I think it is time that the people of the State 
 should calmly and deliberately think over the 
 question, and look at it in a financial and moral 
 point of view with reference to their own inter- 
 ests and the interests of the State. It is with 
 this view that I offer my substitute. 
 
 It not only embodies my views, but I believe 
 the views of a majority of the people of the 
 State. I believe it is morally necessary that 
 the slaveholders should consider this matter at 
 once, because, if this rebellion is carried on 
 much longer, a blow will be struck by the 
 General Government that will take the niggers 
 anyhow. I am opposed to that, and I am op- 
 posed to this prejudice which has governed us 
 for so many years, to such an extent, that no 
 man could speak upon the nigger at all without 
 being called an Abolitionist or a Yankee, and 
 every foreigner was viewed with suspicion be- 
 cause they said he was against the institution 
 of slavery ; but now these same foreigners have 
 got the guns in their own hands, arid they are 
 fighting bravely for the institutions of Mis- 
 souri. 
 
 Mr. ZIMMERMAN. Mr. President, the gen- 
 tleman's time is up. 
 
 The PRESIDENT. He has half a minute. 
 
 Mr. STEWART. Well, then, if I have a half 
 a minute, or a quarter of a minute further, I 
 will state that I intend to do all I can to in- 
 duce the people to take up this subject. I will 
 advocate it with the pen, on the stump, and 
 everywhere else. 
 
 Mr. BIRCH. Instead of replying to the gen- 
 tleman from Buchanan, by reading a portion 
 of his last annual message, I will, in order to 
 avoid all excitement and debate, move the pre- 
 vious question. 
 
 Mr, HALL of Buchanan. That will cut off 
 all amendments. 
 
235 
 
 Mr. BIRCH. Well, then, I will withdraw 
 the motion. 
 
 Mr. ORR. If I had not been placed upon the 
 CommitUv I would not open my mouth. I 
 voted thf other day to lay the proposition of 
 Mr. Breckinridge on the table from no disre- 
 spect to him or any one else, but from the fact 
 that I believed it would bring agitation into 
 this body, and perhaps divide the Union party 
 and weaken the Union cause, at a time when 
 we are unable to lose any Union strength. 
 That was all. I am unable to see why we are 
 under any obligations to the President of the 
 United States, the Congress of the United 
 States, or the Governor of the State of Mis- 
 souri, to comply with their wishes at this time; 
 but this body having respectfully considered a 
 proposition made by a traitor from Georgia, at 
 the first session of this Convention, asking us to 
 dissolve tli is Union I say we respectfully heard 
 him and considered his proposition ; and when 
 I say that, I mean this body, for I did not vote 
 for anything of the kind, and did not believe 
 it was right. I think it is now proper we should 
 consider the proposition made by the President. 
 I will say, however, that I believe it was the 
 greatest blunder of his life, but I believe he 
 did it from the best of motives to the people of 
 the slave States ; still it was untimely and un- 
 called for, in my opinion. The committee 
 were required to reply to that proposition, and 
 in a respectful manner we have replied to it, 
 and have notified the President and Congress 
 that we do not think it proper, at this hour, to 
 take action upon the subject; and now, as to 
 whether you will pass our recommendation, or 
 that of somebody else, it is for you to deter- 
 mine. There was but one solitary word in 
 that report that I had the least objection to. I 
 was willing to say that it was a liberal propo- 
 sition for Congress to offer to pay for the slaves 
 if we desired to get rid of them. They do not 
 propose to force us to rid ourselves of them, 
 agree with the report that it is a liberal offer. 
 The word appreciate, however, I objected to, 
 because some might construe it that we en- 
 dorsed the proposition; but, on mature reflec- 
 tion, I came to the conclusion that it had no 
 such meaning, and therefore I consented to the 
 report and it became a majority report. Now 
 it is for this body to take what action they 
 think proper upon it. You can vote for some 
 other proposition if you choose. I have only 
 done what I believed to be my duty. I have 
 agreed to the report and expect to vote for it. 
 Mr. STEWART. In order to obviate any par 
 
 icular excitement here, I will withdraw my 
 resolution, if I can have it spread upon the 
 record. 
 
 The PRESIDENT. It will go upon the record 
 is a matter of course. 
 
 Mr. HALL of Buchanan. I wish to offer a 
 substitute for the resolutions reported by the 
 najority of the committee : 
 
 The Convention of Missouri, in response to 
 the message of Governor Gamble with refer- 
 nce to the message of the President of the 
 United States and the resolution of the Con- 
 gress of the United States, adopt the following 
 resolution : 
 
 Resolved, That while this Convention recog- 
 nize the patriotic motives of the Government 
 of the United States in the action referred to, 
 yet the Convention think it should not act 
 on the subject of emancipation, for the follow- 
 ing among other reasons, as expressed by Gov. 
 Gamble: 
 
 'When this Convention was chosen, the 
 subject before the public mind was the relations 
 between the State and the General Govern' 
 ment. Acting upon this subject, the Conven- 
 tion deposed a Governor and Legislature, be- 
 cause they were trying to disturb those rela- 
 tions ; military ordinances were adopted, be- 
 cause a military force was necessary to main- 
 tain those relations ; the offices of all persons 
 in office who refused to take an oath of allegi- 
 ance were vacated, because official power in the 
 hands of disloyal persons might be employed 
 to disturb such relations; laws were vacated, be- 
 cause they had been passed for the purpose of 
 bringing on a collision with the General Gov- 
 ernment ; in fine, the action of the Convention 
 has been mainly addressed to one subject, 
 which it was elected to consider, and those 
 which naturally arose out of it. When, then, 
 it is asked to entertain a proposition which is 
 to effect a radical change in the social organi- 
 zation of our State, it is well warranted in de- 
 clining to act upon the proposition, upon the 
 ground that the people in choosing the Con- 
 vention never intended or imagined that the 
 bod} r would undertake any social revolution 
 wholly unconnected with the relations between 
 the State and the General Government." 
 
 I agree with my collt ague in the opinion that 
 our action in laying on the table the proposition 
 of the gentleman from St. Louis could not pro- 
 perly be construed as discourteous to the Pres- 
 ident or Congress of the United States. And 
 I agree further with my colleague, in regret- 
 ting that the Governor of the State thought 
 
236 
 
 it proper to send to this Convention this mes- 
 sage of yesterday ; but, sir, the Governor, for 
 reasons entirely satisfactory to himself, has 
 sent us a message, and it now becomes our 
 duty to treat it with proper respect. It appears 
 to me it would be far better to adopt the sub- 
 stitute I have offered than the original report 
 of the committee. It appears to me, sir, that 
 the report of the committee is an endorsement 
 of the proposition made by Congress. I be- 
 lieve the country will so understand it, and I 
 cannot endorse that proposition, because I 
 think it is wrong. As I believe it is wrong in 
 principle, and will work badly in practice, I 
 repeat, I cannot endorse it; but, at the same 
 time, [ am willing to do everything I can, con- 
 sistently with my views of duty, to treat the 
 President of the United States, and all his pro- 
 positions, with the utmost respect. I consider 
 that the people of the State owe the President 
 and Congress of the United States a debt of 
 gratitude which it will be difficult for them ever 
 to repay ; but for the President and Congress 
 of the United States, every Union man in the 
 State would now be an exile; their property 
 would be taken from them, and they would be 
 beggars and wanderers. I believe we are here 
 now because the President has protected us, 
 and I believe we are in the enjoyment of our 
 rights at this moment because the President of 
 the United States has done his duty, and I am 
 not willing to do anything which could wound 
 the feelings of that great and good man. But, 
 still, I cannot go to the extent to which the ma- 
 jority of the committee advise us to go. 
 
 Mr. BRECKINRIDGE. I am glad, Mr. Pres- 
 ident, to hope from the spirit manifested thus 
 far that what will be said on this subject will 
 be said in all kindness and without undue ex- 
 citement. I have no disposition, certainly, to 
 say anything that will excite feeling or strife. 
 The gentleman from Buchanan (Mr. Hall) re- 
 grets that the Governor has, by his special 
 message, brought this subject before the Con- 
 vention. I widely differ from the gentleman. 
 I rejoice that he has done so. Now, sir, in ref- 
 erence to this, I will only say that, while I 
 have had no conference with the Governor on 
 the subject since the introduction of the ordi- 
 nance concerning emancipation by me the other 
 day, I have no doubt he has good reasons, in 
 addition to the intrinsic merit of its sugges- 
 tions, for having made the recommendations 
 contained in this special message. No doubt 
 he would have made these suggestions in his 
 message at the opening of the session if he had 
 
 at that time thought them proper or necessary ; 
 and the fact that he makes them now, shows 
 that he has motives for so doing that did not 
 then exist, or that further reflection, or subse- 
 quent occurrences, or both, have worked a 
 change in his opinion. 
 
 I have several objections to the substitute of 
 the gentleman from Buchanan. In the first 
 place, it is in bad taste for this Convention, in 
 response to a message from the Governor, re- 
 commending particular action to cut out a 
 portion of his communication, and thus re- 
 spond to his suggestions in his own language, 
 and use it in the way here proposed. As a 
 mere matter of taste, the Convention should 
 use its own phraseology, and surely should not 
 cast back upon the Governor the very words 
 he has just addressed to it. 
 
 In the next place, I object to it because it 
 argues the question, and almost apologizes for 
 the action taken the other day. While I 
 thought, and am daily confirmed in the opin- 
 ion, that the Convention erred exceedingly in 
 that action, I think it is not desirable for us to 
 say anything in these resolutions as an apology 
 for what was done on that occasion. I object 
 again, sir, because much as I respect the Gov- 
 ernor, even if it were in itself proper to adopt 
 his own language, I do not concur in the suf- 
 ficiency or accuracy of the reasons assigned 
 for non-action ; and indeed I do not understand 
 the Governor to give them as his own reasons, 
 but to speak of them as reasons which may ex- 
 ist, or be assigned by this body, if it should 
 make a certain response and should deem them 
 proper. But, however this may be, I cannot 
 consent by my action to place the Convention in 
 a position inconsistent with itself, as would, in 
 my judgment, be done by the adoption of this 
 substitute. We have had before us, and we 
 have acted upon, divers things not necessarily 
 connected with the especial business for which 
 we were elected, or arising therefrom. The 
 argument is this : that because we were elected 
 for a special purpose, and have confined our 
 action mainly to it, therefore we should take 
 no action on this question,. because it is no part 
 of the business for which we were elected. 
 The use of the qualifying word "mainly" is 
 fatal, of itself, to the argument ; and, indeed, 
 the subject of this communication is directly 
 and necessarily connected with the very mat- 
 ters we were elected to deal with. But, waiv- 
 ing this, the fact is within the knowledge of 
 all of us that we have done many things which 
 we were not elected to do, and which are not 
 
237 
 
 necessarily connected with the special matter 
 we were called to deal with. Even yesterday, 
 we passed laws in regard to the revenue and 
 assessments, having no connection with the 
 questions concerning the relations existing be- 
 tween the State of Missouri and the General 
 Government. I am not willing that the Con- 
 vention, in addressing the President, the Con- 
 gress, and the world for our response to the 
 propositions of the Government will be widely 
 read should run the risk of being supposed to 
 have indulged in such inconsistency of being 
 ignorant of its own past action and of being 
 willing, in dealing with matters so important 
 when to be uncandid is to be disgraced to as- 
 sign reasons for its course which its own daily 
 action and its record prove untrue. 
 
 There is great force in the remarks of the 
 gentleman from Greene. When that emissary 
 of treason came bearing to us from the State of 
 Georgia, at our first session in February,1861, so- 
 licitations to join her in her evil courses, we gave 
 him a respectful hearing, (not by my desire or 
 vote I beg you to remember,) and now when this 
 body is asked to give a respectful hearing and a 
 courteous response to a proposition emanating 
 from the President and Congress of the United 
 States, so marked by liberality and evidences 
 of an earnest desire to save us from loss, gen- 
 tlemen who claim to be loyal hesitate, deplore 
 the introduction of the topic by the Governor, 
 who could not do his duty and avoid it, and 
 measure and weigh and criticise words lest 
 they should respond too courteously. This 
 body did respectfully consider the treasonable 
 proposition coming from the State of Georgia ; 
 yet, now, gentlemen seem unwilling to give any 
 deliberate consideration, or any respectful re- 
 sponse, to a proposition coming from the Presi- 
 dent and Congress of the United States, made 
 for no selfish reason, but prompted by their 
 judgment as to our best interest and that of the 
 whole country, coming from those, who, as 
 the Governor in his message says, and also the 
 gentleman from Buchanan admits, have so pro- 
 tected and defended us against the deadliest as 
 saults, that it is to them, under God, we owe 
 our prosperity, our homes, our liberty, and our 
 lives. Gentlemen are familiar, sir, with my 
 views on this whole subject, and know whal 
 plan would be adopted if they could prevail 
 and I need, therefore, hardly say that the reso- 
 lutions I have rpported from the majority ol 
 the committee do not reflect my wishes fully 
 but I have yielded much for this purpose to 
 meet the views of others, and only ask what ? 
 
 That they this body should now endorse 
 emancipation. Not at all, sir. That the sub- 
 ect shall be agitated ? Not at all. But that, 
 since the President and Congress appeal to us 
 
 take some action on this subject, and proffer 
 aid to enable us to do so, and since, no less the 
 
 overnor's recommendation than a proper 
 sense of duty and courtesy, demand an answer, 
 we shall respond, that propositions thus pre- 
 sented are entitled to respectful consideration, 
 and that while the majority of this body have 
 not felt authorized to take action upon them, 
 hey desire to express their high appreciation 
 of the generous spirit in which they are made. 
 The Governor expresses his estimate of the of- 
 er made by Congress in much stronger terms 
 han are used in the resolutions proposed by 
 the committee. His language is, that the pro- 
 position of the President and of Congress, if 
 carried into effect, would be one of " unexam- 
 pled liberality." [Time up.] 
 
 Mr. DONIPHAN. Having been one of the 
 members of the committee, Mr. Presidentj I 
 feel it my duty to present my views briefly, as 
 
 1 will have to do, to the Convention. My 
 opinion on the slavery question need not be dis- 
 cussed. I have no explanation to make on that 
 subject, and have no record now to produce. 
 The resolutions offered by the gentleman from 
 Buchanan are the same I referred to before, 
 but they were altered in this. They before 
 conformed to my opinion on the subject sub- 
 stantially, and only substantially. These res- 
 olutions, as T presented them to the committee, 
 while not recognizing any right of the Presi- 
 dent which he does not claim at all to inter- 
 fere with the subject of slavery in the States, 
 nevertheless admitted the proposition made by 
 the General Government as liberal in the ex- 
 treme to all those States that choose to eman- 
 cipate their slaves. I believe it is a right that 
 the people have everywhere of course it is 
 purely domestic and purely local to take that 
 subject into consideration. I have nothing to 
 say against the General Government recom- 
 mending whatever they please on that subject. 
 This is done in a spirit of liberality, and they 
 do not ask us to embrace it. It is a matter 
 left entirely to the State. The gentleman from 
 Buchanan has put in "patriotic motives" in- 
 stead of a " spirit of liberality." I do not 
 think this change corresponds exactly with my 
 ideas of responding to the proposition made by 
 the Government. My idea is that it is liberal. 
 
 Mr. HALL of Buchanan. I made the change 
 because it seemed to better satisfy some of the 
 
238 
 
 members of the Convention. I have now 
 changed it back. 
 
 Mr. DONIPHAN. I will not discuss that 
 matter further. My friend from St. Louis dif- 
 fered with me on a committee as we differ in 
 the Convention. It has been argued that we 
 have mainly confined ourselves to legislation 
 on subjects relating to our connections with 
 the United States and this rebellion. Well, I 
 admit that to be the fact, but I proposed the 
 other day that this body should form itself 
 into a legislative body, and I believed that the 
 safety of the State would be better secured by 
 the action of this Convention than by any other 
 body j but the proposition was repudiated, and 
 gentlemen declared we were wholly unfit for 
 it that we were not elected for that purpose 
 and we were told by the gentleman from Da- 
 viess, (Mr. McFerran,) for whom I have the 
 greatest respect, that it was sheer cowardice 
 on my part to make such a proposition. The 
 Convention, then, has deliberately decided it 
 would not legislate. 
 
 Now, Mr. President, we have in the first 
 place raised troops for the war that was 
 with the idea of the rebellion. We have dis- 
 placed a disloyal Governor, and have substitu- 
 ted a loyal one that was with an eye to the 
 rebellion. In view of the expenses incurred 
 by the Provisional Government in calling sol- 
 diers into the field, we have passed a revenue 
 law for the purpose of paying expenses; and 
 for the purpose of preventing the currency 
 with which they are paid from depreciating, 
 the revenue bill to which the gentleman refers 
 was passed, with a view to the rebellion. It 
 is substantially as much a war measure as any 
 passed by this body. The sinews of war are 
 men and money. Money is as essentially a 
 sinew as men, and these are absolutely neces- 
 sary to keep up the Provisional Government, 
 and to meet the expenses that the Governor has 
 incurred in calling out the militia of the State, 
 which amounts to a million of dollars, as I am 
 told by the Lieutenant Governor. 
 
 Now, Mr. President, I know of nothing else 
 on which we have legislated of any importance 
 at all, except the subjects that are legitimate 
 to this rebellion. What are the resolutions of 
 the gentleman from St. Louis ? They do not 
 offer to change the relation of master and ser- 
 vant. They do not inaugurate a system of 
 emancipation, or tell the President they are 
 willing to favor it. They do nothing more 
 than this latter resolution, as far as I can see. 
 I prefer, however, the phraseology of this, be- 
 
 cause it does not give so cordial an endorse- 
 ment of the recommendation of the President. 
 [Here the hammer fell.] 
 
 Mr. MCFERRAN. I was not intending to say 
 a word in the discussion on the question now 
 before the Convention. As, however, the dis- 
 tinguished gentleman from Clay (Mr. Doni- 
 phan) has alluded to the debate the other day, 
 and as I conceive he has wholly misunderstood 
 the argument then made, I desire to say to that 
 gentleman, and to the Convention, that I did 
 not charge that gentleman, or any other mem- 
 ber of the Convention, with cowardice. Not 
 at all. I did say, however, in that debate, that 
 to shift the responsibility from the Convention 
 to the Governor, and to impose upon him the 
 duty of ordering an election, did manifest a 
 want of moral courage that the Convention 
 should not indulge in. I made no application 
 whatever to the gentleman from Clay any 
 more than to any other gentleman, and I am 
 sorry if the gentleman understood me as ma- 
 king any application personally to him. 
 
 Mr. DONIPHAN. I did not understand the 
 gentleman as charging me with a want of 
 physical courage, although he may have done 
 it j but I am willing to take the gentleman's 
 explanation that he charged me with a want of 
 moral courage to meet an exigency. 
 
 Mr. MCFERRA.N. I made no charge to the 
 gentleman that he did not make to the Conven- 
 tion. The proposition was that it lacked the 
 moral courage which I thought the Convention 
 should manifest. 
 
 Mr. DONIPHAN. That is all satisfactory. 
 Mr. STEWART. I object to that substitute 
 upon the same grounds that I object to the pro- 
 position laid down in the Governor's message. 
 In one part of that message he recommends 
 that no agitation be raised on the subject. The 
 presumption is that the Governor wishes his 
 own peculiar views to be carried through this 
 Convention without any discussion ; and yes- 
 terday, when my honorable colleague (Mr. 
 Hall) proposed to print the message, and to 
 adjourn at 11 o'clock to-day, I asked him dis- 
 tinctly the question if that was intended to cut 
 off all debate on the proposition. I believe if 
 that resolution had carried, I should not 'have 
 had my rights upon the subject. I am opposed 
 in toto, not only to the Governor's message, 
 but to the substitute offered by the gentleman 
 from Buchanan. 
 
 Mr. MARMADUKE. I regret, Mr. President, 
 and deeply regret, sir, that I conscientiously 
 feel called upon again to intrude my views be- 
 
239 
 
 fore the Convention j but I would feel, Mr. 
 President, that I was clearly negligent of the 
 duty I owe myself, as well as ray constituents 
 and the people of Missouri, were I to remain 
 silent under the circumstances that now sur- 
 round me. Mr. President, it is particularly 
 painful for me to feel and know that my voice, 
 raised in the advocacy of any measure on this 
 floor, is like the blasting breath of the simoon, 
 or still more like the noxious malaria that ri- 
 ses from the tropical swamps, or like the deadly 
 Upas that kills, decays and blights everything 
 it touches. 
 
 But, Mr. President, I feel that the Governor 
 of the State of Missouri, in bringing this ques- 
 tion before the Convention, has committed an 
 impropriety which it is right and proper, and 
 my duty on this floor to expose. The question, 
 sir, springs upon this Convention, not like 
 Minerva from the head of Jove, but like Phoe- 
 nix from its own ashes, it raises its head here 
 once more. 
 
 Mr. President, the question has once been 
 settled. It came up fairly, squarely and prop- 
 erly be*fore this body, and we listened to a 
 speech of an hour's length from the distin- 
 guished, able and eloquent gentleman from St. 
 Louis. The question, I say, was fairly and 
 squarely brought before this body ; but, sir, 
 this Convention, in the full deliberation, and 
 the full conviction of its sense of duty, 
 not only disposed of it, but, in my humble opin- 
 ion, disposed of it in conformity with the views 
 of a majority of the people of the State; and 
 yet it comes again before the Convention, not 
 in the morning of its life, nor in the mid-day 
 splendor of its glory, but in the wee small 
 hours of its existence, when its life has been 
 nearly spent. 
 
 Sir, I sincerely hope and believe that every 
 member on this floor sufficiently appreciates 
 the patriotism and exalted ability with which 
 the President of the United States has discharg 
 ed his duty to the people of Missouri. I be- 
 lieve we all sufficiently appreciate the service 
 he has rendered us in driving the invader from 
 the State j but I do not believe, because we 
 have that high appreciation of both his patri- 
 otism and his ability that we are necessarily 
 to go before him, on bended knees, and apolo- 
 gize for having refused to take action upon a 
 measure which the whole people deprecate 
 and which the action of this Convention has 
 deprecated. I, sir, cannot agree with the res- 
 olutions reported by a majority of this com- 
 mittee ; and yet, sir, I may possibly vote for 
 
 he resolution offered by the gentleman from 
 Buchanan. Yet, even that does not go to the 
 extent that this Convention should speak, if 
 we speak at all. 
 
 Mr. President, I am sorry again, sir, to have 
 ntruded on the Convention, but I felt that my 
 duty to myself and my constituents required 
 Juat I should at least say this much, 
 
 Mr. DOUGLASS. Mr. President, believing, 
 sir, that the offer made by the President of the 
 United States, in conjunction with Congress, is 
 a liberal one, and believing that it is couched 
 in respectful language, I believe also that it is 
 ntitled to a. respectful response. I suppose, 
 sir, there is no question among the members of 
 this Convention as to the propriety of respond- 
 ing to the proposition. The only difference, I 
 take it, is, as to the language we shall use in 
 responding to the offer of the President. Now, 
 the two propositions before the house differ in 
 no essential particular. The reason assigned 
 in the substitute proposed by the gentleman 
 from Buchanan, is that this Convention has 
 heretofore considered no propositions except 
 such as are connected with the secession ques- 
 tion ; that is substantially the reason, but not 
 the language. Now, I hold that that reason 
 cannot be supported by any reference to the re- 
 cord and proceedings of this Convention. The 
 record is established, beyond all controversy, 
 that we have considered other propositions, 
 and I need only refer to the action of the Con- 
 vention on yesterday, when we adopted an or- 
 dinance, by a very large majority, fixing the 
 day for holding the State elections to the Tues- 
 day after the first Monday in November. It 
 cannot be said that that grew out of the seces- 
 sion question. And now it is proposed to say 
 to the President and Congress of the United 
 States that we have not considered this propo- 
 sition, because we have not considered any 
 proposition except such as grew out of seces- 
 sion. I hold our very record would convict us 
 of gross inconsistency. We cannot do it, and 
 I do not wish the Convention to occupy any 
 such attitude as that before the civilized world. 
 Now, as to the resolutions reported by a 
 majority of the committee, they simply declare 
 that the proposition is a liberal one. It is 
 liberal, but these majority resolutions do not 
 endorse the scheme proposed by any means. 
 They merely say that the proposition is a lib- 
 eral one, and we recognize and appreciate its 
 liberality. 
 
 The second resolution goes further and says 
 the majority of this Convention do not feel 
 
240 
 
 authorized at this time to take any action with 
 respect to the President's offer. Surely, sir, 
 there is nothing improper in this thing; we do 
 not by a single word, letter, or sentence in this 
 resolution endorse the proposition of the Pres- 
 ident. We simply recognize and appreciate 
 its liberality. Now, for these reasons, I am in 
 favor of the resolutions reported by the major- 
 ity of the committee. The resolution of the 
 gentleman from Buchanan is controverted by 
 the record of our proceedings, and I cannot 
 vote for it. 
 
 Mr. HALL. The gentleman doubtless re- 
 members that the resolution only states that we 
 take this action for the following) among other 
 reasons. 
 
 Mr. DOUGLASS. Exactly, and I think if this 
 resolution is adopted and presented to Congress, 
 they would be pointing to our own record and 
 convicting us of inconsistency. Our own 
 records would be thrown into our teeth, and 
 we would be told that in refusing to take action 
 on this subject we merely contradicted the 
 very records of our proceedings. Sir, I cannot 
 consent to place this Convention in any such 
 inconsistent attitude. I hold that in responding 
 to this invitation we shall do it in simple, but 
 in respectful languar-, and we will not assign 
 any reason for our action which is not sus- 
 tained by fact .and truth. Therefore I shall 
 vote against the substitute. 
 
 Mr. HOWELL. We were called together to 
 take into consideration the lelations of the 
 State of Missouri to the General Government, 
 and to the other States of the Union. At the 
 March session of the Convention we took those 
 relations into consideration, and as far as this 
 Convention could be authoiitative on that 
 proposition, we agreed with singular unanimity, 
 arid with only one dissenting vote, that I re- 
 member, on the disposition of that question at 
 that time. 
 
 Now, Mr. President, this question could only 
 be brought in here upon the hypothesis that 
 slavery stood in the way of reconstructing or 
 perpetuating the Union, or of suppressing the 
 rebellion in the State of Missouri. That ground 
 is not assumed by the President of the United 
 States, nor is such a position argued or insisted 
 upon by any gentleman on this floor. If, then, 
 slavery stood not in the way of either of these 
 two thing*, I hold it that it was a matter over 
 which the President of the United States had 
 no jurisdiction whatever, and as President of the 
 United States he had no right at all to recom- 
 mend it to the State of Missouri, or to any of the 
 
 border slave States. But, sir, the President, at 
 the same time he made that proposition, did 
 not pretend to urge either that slavery was in 
 the way of putting down the rebellion here, or 
 of reconstructing the Union. He did not insist 
 it was a matter over which he had any jurisdic- 
 tion, but, on the contrary, expressly disclaimed 
 any desire whatever to interpose in the domestic 
 institutions of the country. Now, sir, this being 
 the case, and it not bearing at all upon the 
 sovereignty of the State, and it not being 
 necessary in any degree whatever to act upon 
 this hypothesis to vindicate the sovereignty of 
 the State, I take it, either directly or indirectly, 
 it is then a question over which we have no 
 jurisdiction which we have no right to force 
 on the people of the State, and which we have 
 no right to invite the people of the State to 
 take into consideration. Therefore, sir, I 
 cannot vote for the majority report. It states 
 that it is a matter eminently deserving consid- 
 eration of this body and of the people of the 
 State. Now, I acknowledge if the people of 
 this State are disposed to raise this question as 
 a question of political economy, and to discuss 
 it and dispose of it as they deem proper it is 
 a question that they have the right to consider 
 and dispose of in their own way, arid in refer- 
 ence to their own convenience and interests. 
 But I hold, sir, that it is not one that we have 
 a right to bring before the people. Holding 
 these views, I think the proper response if 
 any should be made to the resolution, as re- 
 commended by the President of the United 
 States, and passed by Congress should be that 
 this body has no jurisdiction of the question 
 one way or the other, either to say that the 
 people should not consider this matter, or to 
 recommend to the people that they should con- 
 sider it. If it is to be considered by the people, 
 I think they should start it, for they are the 
 only proper power in the State that has the 
 right so to do. [Here the hammer fell.] 
 
 Mr. IRWIN. I prefer the resolution as in- 
 troduced by the gentleman from Buchanan, 
 ( Mr. Hall. ) I think it is not liable to miscon- 
 struction. The only objection I see to the 
 resolutions, as reported by the majority of the 
 committee, is that they are liable to miscon- 
 struction. 
 
 But, sir, I rise for the purpose of saying a 
 word with reference to a remark of the gen- 
 tleman from Cooper, (Mr. Douglass,) in which 
 he urged that if the Convention passed the 
 resolution offered by the gentleman from 
 Buchanan, it would be stultifying itself that 
 
241 
 
 the assertion that this Convention had confined 
 itself in the main to legislating upon those 
 subjects that were agitating the public mind at 
 the time the members of the Convention were 
 elected, was not borne out by fact. Now, sir, 
 the phraseology, as used by the Governor 
 himself, is not that the action of this Conven- 
 tion has been entirely confined to one subject, 
 but that t7i the main it has been addressed to 
 this one subject, and to those things which 
 naturally arose out of it. The gentleman from 
 Cooper says that if we passed this resolution 
 our records would condemn us that our 
 records will be inconsistent upon this point. 
 Now, sir, that, as I consider it, is indirectly 
 casting a reflection upon the Governor himself. 
 He has stated in most emphatic terms that the 
 action of the Convention has been mainly 
 addressed to the one subject which it was elec- 
 ted to consider, and to those which naturally 
 arose out of it the very identical words used 
 in the resolution offered by the gentleman from 
 Buchanan. Now, if the Convention, in passing 
 that resolution, is stultifying itself, and making 
 for itself an inconsistent record if it is stating, 
 in fact, what is not true, then the Governor 
 himself is guilty of the same thing. Now, I 
 have no idea that the gentleman from Cooper 
 intended to reflect on the Governor, but, never- 
 theless, they are susceptible of such a construc- 
 tion. As I said before, I shall vote for the 
 substitute of the gentleman from Buchanan, 
 and if that is voted down, I shall vote for 
 [Here the hammer fell.] 
 
 Mr. SH ACKELFORD of Howard. If we adopt 
 the gentleman's substitute, can I offer a substi 
 tutefor that? 
 
 The PRESIDENT. You can only offer it by 
 way of amendment. 
 
 Mr. SHACKELFORD. I will read what I 
 propose to offer: "The Convention having 
 respectfully considered the message of the 
 Governor on the proposition to pay for the 
 slaves in the State of Missouri, and not doubt- 
 ing the patriotic motives of the Governor, we 
 are unable to see the propriety of the action 
 recommended; therefore, 
 
 "Resolved, That this Convention, representing 
 the sovereignty of the people of Missouri, do 
 not see in the action heretofore had on the 
 subject of emancipation, anything which can 
 be construed as tending in any way to relieve 
 the Government of the United States from its 
 obligations to protect, in their persons and 
 property, without conditions, every loyal citi- 
 zen of this State." 
 
 16 
 
 The PRESIDENT. The Chair is of the opinion 
 that the proposition of the gentleman would 
 lot be in order. 
 
 Mr. RAY. 1 move to strike out the following 
 words in the substitute: "While this Con- 
 vention recognize the liberality of the Govern- 
 ment of the United States in the action referred 
 " The substitute will be entirely intelligible 
 and proper if these words are struck out, and 
 my proposition is to strike out what is termed 
 the recognition of the liberality of the President 
 in making that proposition. 
 
 Mr. HITCHCOCK. Mr. President, it strikes 
 me that the amendment to the substitute now 
 before the Convention is a perfectly consistent 
 carrying out of the real (I will not say in- 
 tended) effect of the substitute itself, and I 
 desire very briefly to suggest to this Convention 
 what they will be doing in adopting either the 
 amendment or the substitute. The Governor 
 of this State thought proper not to mention this 
 subject in his official message, wherein he 
 called our attention at great length to the sub- 
 jects of interest to the State. Certain action 
 was taken in this body, and as certainly follow- 
 ing, and, as I believe, a direct consequence of 
 that action, the Governor sends a special 
 message to this body. It purports to be an 
 earnest recommendation to this body to adopt 
 a resolution which shall be a response to the 
 offer made by the President of the United 
 States. The argument in favor of such action 
 is based upon the ground of our obligations to 
 the General Government upon the ground of 
 our salvation. It has been admitted by the 
 gentleman from Buchanan that the offer made 
 by Congress is one of unexampled liberality, 
 and he urges us for our own sakes to adopt 
 some respectful answer to the resolution of 
 unexampled liberality adopted by Congress. 
 Now, what is it proposed to do ? A substitute 
 is offered, and it barely and coolly alludes to 
 the action of Congress, and purports to be not 
 a response to the President, but to Governor 
 Gamble. It strikes out Governor Gamble's 
 own words : " unexampled liberality," and 
 simply says, " we recognize the liberality of 
 Congress which in decency to the Governor 
 could not be avoided and then gives our 
 reasons for not having taken action. We are, 
 then, not answering the Governor's recommen- 
 dation to do an act of courtesy, that decency 
 and self-respect requires we should do, but, 
 slighting it, we proceed to apologize for not 
 having done something last week ! 
 This Convention knows my sentiments upon 
 
242 
 
 the subject on which we acted last week. I 
 have nothing further to say on that subject. I 
 shall not complain here of the action of the 
 committee, or a majority of the committee^ in 
 refusing to permit discussion on the sub- 
 ject that was then introduced, but I do believe, 
 that, by our action then, we have tenfold 
 aggravated discussion. Certainly, as far as 
 those gentlemen are concerned, who, in good 
 faith and honesty, desiring to prevent agitation, 
 were prevented from adopting this course, they 
 are now relieved from all obligations or 
 restraints in this respect, at least as far as the 
 action of this Convention is concerned. But 
 on that point I have nothing further to say. I 
 merely wish to call the attention of the Con- 
 vention to the fact that the proposition now 
 before the Convention directly ignores the very 
 thing which the Governor requested us to do. 
 Now, the Convention is aware that I submitted 
 a resolution, and asked its reference to a com- 
 mittee. If gentlemen will read it they will 
 find there was a most cordial submission on my 
 part to the action of the majority of this Con- 
 vention ; that the resolution excluded any 
 further discussion on the emancipation ques- 
 tion, and that it directed itself precisely to the 
 point to which the Governor directed it. 
 
 Sir, it is a very remarkable thing in the 
 history of this session of the Convention and 
 it is a very remarkable thing, which the records 
 of the Convention will prove, that the gentle- 
 men who have most disclaimed the desire for 
 agitation, who have most constantly denounced 
 agitation, are the gentlemen who have most 
 persistently forced the Convention to act on 
 the very subject which they were so much 
 afraid of ; in proof of that I appeal to the 
 records and debates of our proceedings. Now, 
 if the Convention chooses to carry out the 
 action which it recommended by the report of 
 the majority of the committee, and which, 
 though based on the one I had the honor of 
 submitting to the committee, has struck out, in 
 my opinion, two-thirds of the courtesy which 
 was in it, (but which I shall vote for simply 
 because it is the best I can possibly hope for,) 
 why, so be it. But I ask in all candor, appeal- 
 ing to the good sense of the Convention, how 
 far, as a question of self-respect, they expect 
 to go when this body, by assuming to answer 
 a proposition of the Governor, ignore or coldly 
 allude to a proposition which gentlemen in 
 debate admit to be one of unexampled liberal- 
 ity, but which by their votes they deny. 
 
 Mr. SAYRE. It seems to me the criticism 
 
 upon the action of the Convention in the effort 
 to set aside the reasons given to us in the special 
 message, are not very well founded. Objection 
 has been made to the substitute, but what 
 better, further, or more careful response could 
 we possibly give ? As to the complaint that 
 this action would be inconsistent with our 
 record, really, I am afraid, sir, it will cause a 
 smile on the part of every member who hears 
 the objection. If there has been any particular 
 record with which it would be inconsistent, it 
 would be very difficult to show it. The lan- 
 guage used in the Governor's message is sub- 
 stantially correct. Our main object has been 
 to act with reference to the purpose for which 
 we were called together, and if other things 
 have been done, they amount to nothing in 
 comparison to the main action of this Conven- 
 tion since it was called into existence. But, 
 sir, I simply make this point to show that the 
 proposition as now presented covers the whole 
 ground, and that the Convention can act upon 
 it without any violence to their judgment. For 
 myself I do not feel inclined to go for any 
 other. My opinion is that the Government of 
 the United States was not established to do 
 away with slavery. Our fathers did not es- 
 tablish the Government for any such purpose, 
 and any such scheme or proposition is uncon- 
 stitutional. Sir, property is above and beyond 
 all constitution and law. It does seem to me 
 that this proposition, as it now stands, is 
 sufficiently courteous. I recognize the sincerity 
 of the motives of the President and Governor, 
 but I cannot think that either Congress or the 
 President will interfere with this subject, par- 
 ticularly after the pledges they have already 
 given. 
 
 Mr. WOOLFOLK. I am in favor of the reso- 
 lutions introduced by the committee, because 
 they are consistent with facts, and more 
 responsive ( to the resolutions of Congress than 
 the amendment of the gentleman from Buch- 
 anan. What member on this floor will deny 
 that the proposition of Congress is not worthy 
 of due consideration ? All admit that it is 
 worthy of proper consideration ; and why can 
 we not admit collectively what none of us 
 individually deny? Can any of us deny, too, 
 that the proposition is not liberal ? It does 
 not propose to interfere with slavery in the 
 States without the consent of the States nor 
 "even then" without fair compensation. Is 
 not this liberal? We should remember that a 
 mighty party at the North desire to abolish 
 slavery without the consent of the States and 
 
243 
 
 without any compensation. This proposition 
 did not emanate from that party they are 
 opposed to it; it is antagonistic to all of their 
 principles. We should remember that the 
 mass of the Northern people regard the insti- 
 tution of slavery with disfavor. As the 
 gentleman from Buchanan (Mr. Stewart) says, 
 " they have got the guns in their hands " " the 
 institution is in their power." And when I 
 remember the passions aroused by this conflict, 
 and the mighty element of ultraism at the 
 North, I do commend the liberality and con- 
 servatism which does not propose to interfere 
 with the institution of slavery, without the 
 consent of the States, and without fair .compen- 
 sation. I do not mean to intimate that I am 
 favorable to the proposition of Congress, but 
 it should be treated with proper respect. I 
 believe that treating this proposition in this 
 manner will do more to destroy abolitionism 
 than any other action the Convention can take. 
 If they believed the States were willing to 
 accept this proposition, they could not, with 
 any show of justice, forcibly abolish slavery 
 without compensation and without the consent 
 of the States. The idea, too, of paying for the 
 slaves would soon drive them from their ultra 
 anti-slavery principles. To treat this propo- 
 sition with disrespect will alienate many 
 conservative anti-slavery men at the North, 
 and drive them into the ultra party. For these 
 reasons I shall vote for the resolutions offered 
 by the gentleman from St. Louis. 
 
 Mr. SOL SMITH. Mr. President, no member 
 having seen fit to take notice of the remarks of 
 the gentleman from Saline, (Mr. Marmaduke,) 
 I feel impelled to enter my decided dissent to 
 his assertion that the Governor has committed 
 a gross outrage on propriety by sending in this 
 message. I cannot sit here and by my silence 
 appear to consent to the justice of such a 
 charge. 
 
 What are the facts? The President had 
 recommended and the Congress had passed a 
 resolution to the effect that the United States 
 ought to co-operate with any State which may 
 adopt a system of gradual emancipation, giving 
 to such State compensation for the inconveni- 
 ence produced by such change of s)'stem. One 
 of my colleagues (Judge Breckinridge) intro- 
 duced an ordinance intended to be a response 
 to this offer of the General Government, which 
 the Governor has justly characterized as an 
 act of unexampled liberality. What was done 
 with that ordinance? Without permitting a 
 word to be said, for or against it, except what 
 
 was said and so well said by the member who 
 introduced it and that speech was only toler- 
 ated because the mover had the right to the 
 floor, and could not, under parliamentary rules, 
 be deprived of it until the expiration of his 
 hour refusing the favor asked by both of our 
 Senators in Congress to be heard briefly, as 
 they were obliged to leave for Washington next 
 morning the majority unceremoniously tabled 
 it, or, to use the classical language of the 
 Republican newspaper, " killed it at first pop." 
 
 Is it strange that the Governor should think 
 that a somewhat different treatment was due to 
 a proposition made in all kindness? So far 
 from the message being a gross outrage, or any 
 outrage at all, I disagree so far with the 
 salty gentleman as to consider the action of his 
 Excellency eminently judicious and proper. 
 
 B.ut while I cordially endorse the language 
 of the Governor as to the unexampled liberality 
 of the President and Congress, I can find no 
 warrant in the Constitution to carry out the 
 contemplated plan. Besides, the next President 
 and a future Congress may be of opinion that 
 the United State? ought not to do the very thing 
 the present Congress and President think 
 "ought" to be done. For my own part, I 
 don't see why the United States should be 
 expected to aid us in getting rid of slaveYy, 
 which is a State institution, and exclusively 
 under State control. Congress and the Presi- 
 dent have rightfully nothing to do with it, yet 
 their kind and liberal offer should be treated 
 respectfully. 
 
 A great deal has been said about the power 
 of this Convention to submit an emancipation 
 ordinance to the people for their adoption or 
 rejection. I admit freely we were not sent 
 here to pass an emancipation ordinance, or even 
 to submit such an ordinance to the people j for, 
 assuredly, the subject of emancipation was not 
 discussed in my district during the canvass for 
 delegates ; but while I would riot like to vote 
 directly upon the passage of an ordinance of 
 that kind, (being uninstructed upon the sub- 
 ject,) I should feel no hesitation in voting to 
 submit such an ordinance to the people for their 
 adoption or rejection. 
 
 It will be remembered that the commissioners 
 of the several States, appointed (by the Legis- 
 latures) for the purpose of amending the 
 Articles of Confederation, without a particle 
 of power to form a new Government, did go on 
 and frame the Constitution under which this 
 people have lived and prospered for eighty 
 years. The Constitution so framed had no 
 
244 
 
 vitality, however, until adopted by the PEOPLE 
 through their Conventions, who breathed into 
 it the breath of life. We have an undoubted 
 right in the same way to frame an ordinance 
 of emancipation, and to submit it to our people 
 for adoption or rejection ; and if, as is said by 
 some, there is a radical movement on foot to 
 abolish slavery immediately in this State, and 
 without compensation to owners of slaves, it 
 appears to me that a conservative body, such as 
 I take this to be, could not do better than to 
 submit to the voters a conservative plan which 
 would eventually rid the State of this peculiar 
 institution. Such a plan could be devised, and 
 slavery could be got rid of without cost to the 
 State or the United States, and without causing 
 any serious "inconvenience" either. 
 
 I announce myself as a gradual emancipa- 
 tionist, and do not intend to join in any radical 
 movement, if such be made ; on the contrary 
 
 [Here the hammer fell.] 
 
 The PRESIDENT. The question is on agree- 
 ing to the amendment offered by the gentleman 
 from Carroll (Mr. Ray) to the substitute 
 offered by the gentleman from Buchanan. 
 
 The vote was then taken, and resulted ayes 
 19, noes 46. 
 
 So the amendment was disagreed to. 
 Mr. BIRCH. (In explanation of his vote.) 
 I shall vote for the amendment of my colleague 
 because it is the very best I can do. Whether 
 carried or not, I shall then vote for the substitute 
 of the gentleman from Buchanan, as the very 
 next best I can do. It is impossible to decide 
 the question now. No man can do it in justice 
 to his feelings, and, at the appropriate time, ] 
 shall offer an amendment which I think wil 
 express the exact truth. 
 
 Mr. BUSH. (In explanation of his vote.) ] 
 now for the first time understand the words o 
 a gentleman on this floor a few days ago, and 
 which then produced a smile, that he voted one 
 way, but wished it had resulted in another way 
 I am, of course, for voting down all proposition! 
 and voting finally for the resolutions offere* 
 by my friend from St. Louis. But I woul< 
 wish, if it were true, that the sentiment 
 spoken on this floor are the sentiments of th 
 majority of the people oE Missouri. I woul 
 wish for the good of Missouri that they coul 
 all be voted down. I vote no. 
 
 Mr. CALHOUN. (In explanation of his vote. 
 Before I cast my vote I wish to make a fev 
 remarks. With all respect to this body, an 
 to our high functionaries both State and na 
 tional, for whom I have the highest regard, 
 
 would say we are transcending our duty entire- 
 in this body. This question is one of mo- 
 mentous importance, and it is one in which 
 very man, woman and child in the State is 
 nterested. It has been sprung upon us unex- 
 ectedly, at least to myself. Now it seems to 
 me in the very inaugural of the President of 
 tie United States, he said he was opposed to 
 ae institution of slavery in the Territories, 
 nd that he never would interfere with it in 
 he Territories where it existed. Another rea- 
 on I may give from the message of our pres- 
 nt Governor : 
 
 " If the Convention, assembled from all parts 
 if the State, is satisfied that in the present con- 
 lition of the public mind any proposition upon 
 he subject of emancipation would produce ex- 
 itement dangerous to the peace of the State, 
 he statement of that as a reason for declining 
 o act upon the offer of the Government ought 
 ;o satisfy every person that such declension 
 s not intended as any disrespect to any other 
 >ody or officer.'' 
 
 Now, gentlemen, I think the position that 
 my friend from Buchanan has taken is the 
 Droper one, and I shall support his proposi- 
 ion, not from any disrespect to the President 
 of the United States or our Governor, but be- 
 cause I believe this is a question that should 
 be left to the people of Missouri. If they 
 want slavery abolished, they can speak out 
 and act for themselves. How can they do it ? 
 By assembling a Convention purposely for the 
 consideration of the subject. But we are not 
 here to dictate to the people of Missouri what 
 they shall do. I am ready to say that this 
 proposition is a liberal one. There is no ques- 
 tion about that, but it is wrong to agitate the 
 slavery question in Missouri, from the fact 
 that Missouri has proved herself loyal to the 
 General Government, and, therefore, his Ex- 
 cellency the President of the United States 
 could take no exceptions to our action here, 
 because we mean no disrespect to him when 
 we ask to be excused from the consideration 
 of the proposition adopted by the Congress of 
 the United States. Now, gentlemen, I hold 
 we are doing wrong. We are exciting the 
 public mind and dictating to the people of 
 Missouri what they shall do with their private 
 property. If any gentleman feels conscien- 
 tious on the subject of owning slaves, he can 
 emancipate them under the present law ; but, 
 sir, because he has a desire so to do, it is no rea- 
 son why he should compel me to do it. Further- 
 more,! oppose any general scheme of emanci- 
 
245 
 
 pation on humane principles. I say we would 
 be doing great injustice to the slaves. Those 
 who have good masters are in afar better con- 
 dition than we could possibly place them. 
 Look at the State of Ohio and elsewhere, and 
 you find the negroes are poverty stricken and 
 in a most miserable condition. I passed through 
 that State in 1836, and I found numbers that 
 had been manumitted by my neighbors in 
 Western Virginia. They were all in a most 
 destitute condition, and at Chillicothe they 
 hovered around me and said they would remain 
 slaves with me for life. I told them I could not 
 take them. Now this Convention has no right 
 to dictate to the people of the State or tell 
 them what they shall do, and we are travelling 
 entirely away from our record in doing so. I 
 hope the amendment of the gentleman from 
 Buchanan will be adopted. 
 
 Mr. DONIPHAN. (In explanation of his 
 vote.) Our Constitution has guaranteed to us 
 the right to hold slaves, and there I ain willing 
 and anxious to leave it. But if circumstances, 
 outside of legislative enactments, were to indi- 
 cate that slavery is to be eradicated from the 
 State, and the people think proper to sell their 
 negroes, or liberate them for a sum to be paid 
 by the General Government, then it is, of 
 course, a pecuniary matter, and it is certainly 
 eminently liberal on the part of the General 
 Government. Therefore I shall oppose the 
 motion to strike out these words. I think it a 
 liberal proposition. It is a mere pecuniary 
 one, and while I think emancipation should be 
 left to its own course, still I can but think the 
 proposition of the General Government is a 
 liberal one, and I therefore vote no. 
 
 Mr. DUNN. (In explanation of his vote.) 
 For the reasons mentioned by the gentleman 
 from Clay (Mr. Doniphan) I vote no. 
 
 Mr. HITCHCOCK. (In explanation of his 
 vote.) It is well understood that I shall vote 
 against the proposition of the gentleman from 
 Buchanan, but, if that proposition is to be 
 adopted by the Convention, I want to see it 
 adopted in such shape that it will be consistent 
 with itself, and that it shall not undertake to 
 do that which it does not do. In order to 
 make it consistent, I vote aye on this amend- 
 ment. 
 
 Mr. HOWELL. (In explanation of his vote.) 
 The substitute is not precisely what I would 
 undertake to offer if I were to draw one, but I 
 am satisfied we will have to choose between 
 the substitute and the majority report; I there- 
 fore vote no. 
 
 Mr. LONG. (In explanation of his vote.) I 
 believe a large majority of the members of this 
 Convention think that the liberal offer made 
 by the President of the United States and Con- 
 gress to the people of Missouri is entitled to a 
 courteous response. Then, as remarked by the 
 gentleman from Cooper (Mr. Douglass), the 
 only question in my mind is the most appro- 
 priate language for that response. I have lis- 
 tened with some attention to the report of the 
 majority of the committee, and I also paid 
 close attention to the resolution offered by the 
 gentleman from Buchanan, and to the amend- 
 ment offered by the gentleman from Carroll 
 ( Mr. Ray). But the resolutions offered by the 
 gentleman from St. Louis seem to my mind a 
 more appropriate response than any that has 
 been suggested, and I shall therefore vote 
 against all others. 
 
 Mr. ORR. (In explanation of his vote.) If 
 I mistake not, the substitute quotes a portion 
 of the message of Governor Gamble as an ex- 
 cuse for our non-action now. I say to the 
 Convention, that, if you pass sach a thing as 
 that, you will not only do violence to your- 
 selves but injustice to Governor Gamble, who 
 never intended that this extract from his mes- 
 sage should be construed in this way. Let 
 me read from another portion of his mes- 
 sage : 
 
 " If in the understanding of the Convention 
 it was sot contemplated by the people when 
 electing this body, that it should ever act upon 
 the subject of slavery in the State, and there- 
 fore such action would be improper; or if the 
 Convention believes that the public mind is so 
 agitated already that the proposal of any 
 scheme of emancipation would produce dan- 
 gerous excitement, there can be no objection 
 to assigning either as a reason for abstaining 
 from action upon the subject, and leaving it 
 for a different body or another time." 
 
 Now the Governor never intended that the 
 reasons that have been cut out of his message 
 should be used for any such purpose as is here 
 proposed, and the course of the gentleman 
 from Buchanan in this respect, reminds me of 
 a magistrate I once read of. The law book 
 had laid down certain forms of administering 
 an oath to a witness, u You, John Jones, do 
 solemnly swear," &c., and whenever the ma- 
 gistrate had occasion to administer the oath to 
 the witness^he always said, "You, John Jones, 
 do solemnly swear," &c. I repeat, the Gov- 
 ernor never intended that any portion of his 
 message should be applied as the gentleman 
 
246 
 
 from Buchanan proposes to apply it. I shall 
 therefore vote no. 
 
 Mr. PHILLIPS. (In explanation of his vote. ) 
 The point is attempted to be made by members 
 on this floor, that the real issue now presented 
 for the action of the Convention is, whether 
 we will receive, entertain, or act upon a pro- 
 position for the emancipation of the slaves. I 
 do not consider that that is the question before 
 this body. I do not believe that the Conven- 
 tion is called upon here to act upon the sub- 
 ject of emancipation at all, and the majority 
 report simply presents the reason why we do 
 not think it fit or proper to act on the subject 
 of emancipation j and I do not hold that it is 
 fair to be put in the attitude here, by giving a 
 negative vote, of saying, I am in favor of the 
 Convention acting on the subject of emancipa- 
 tion. The whole effect of putting the substi- 
 tute in its present shape, is to present this 
 Convention in a false attitude, and it is only a 
 subterfuge, an evasion of what is presented by 
 the majority report. The majority report ex- 
 pressly declares that we do not feel authorized 
 to act on the subject of emancipation. But as 
 a further objection to the substitute, it puts 
 the Governor of the State in a false attitude. 
 The Governor, as I understand it, is using 
 the arguments here quoted from his message 
 for an entirely different purpose from what is 
 intended by this substitute. He uses the lan- 
 guage here quoted from his special message, 
 as I understand it, as a reason why the Con- 
 vention should not act upon the subject of 
 emancipation, as a justification for their refu- 
 sal to entertain the proposition presented by 
 the gentleman from St. Louis a few day ago ; 
 but he does not assign that as a reason why 
 this Convention should refuse to respond in a 
 respectful and direct manner to the proposition 
 of the President of the United States. The 
 substitute, sir, is evasive. It is a subterfuge. 
 It is not directly responding to the subject 
 matter before the Convention for its consider- 
 ation. The majority report is direct. It is a 
 respectful response. It says we do not feel 
 authorized to act upon the subject, and because 
 the majority report is directly responsive to the 
 issue presented to the Convention, I shall vote 
 for it; and for the contrary reason, and for the 
 reason that I have assigned, I shall vote 
 against the substitute. 
 
 Mr. SHACKELFORD of Howard. (In expla- 
 nation of his vote.) I dissent from the words 
 used in the original resolution, to the effect 
 that the proposition of Congress is one of un- 
 
 exampled liberality. I represent a large 
 laveholding distiict, and I say, with the full 
 knowledge that I represent the views of my 
 constituents upon this subject, that they do not 
 consider the proposition liberal. Why ? They 
 do not consider it as such because it is an ap- 
 peal to their cupidity. If slavery in itself is 
 wrong and a Christian duty impels them to 
 set free their slaves, then I say it is an insult 
 io offer to do what their duty requires. Then, 
 f it is a duty to their country to emancipate, or 
 if the preservation of their country requires 
 that they shall liberate their slaves, then they 
 will be ready to do it without any mercenary 
 considerations. It is not liberal, but it is an 
 appeal to their cupidity, and therefore I vote 
 no. 
 
 Mr. STEWART. (In explanation of his vote.) 
 I am one of those who believe, as has been 
 stated on this floor time and again, that the in- 
 stitution of slavery is entirely a domestic in- 
 stitution which the Government of the United 
 States has no right to interfere with. I have 
 voted for no proposition here squinting towards 
 the proposition that the Government of the 
 United States has any right to emancipate the 
 slaves. I believe, however, as a financial ar- 
 rangement it is a proper question to go before 
 the people of the State, and if the slaves ever 
 are emancipated, I believe it should be done 
 with a due regard to the slaveholders them- 
 selves. I am one of those who believe this 
 war was not prosecuted on the part of the Gov- 
 ernment to abolish slavery or to interfere with 
 the institution at all in the States. 
 
 The vote was then announced. 
 
 Mr. HALL of B. As some gentlemen seem to 
 think that my substitute disagrees with the 
 views of Governor Gamble, I move to strike 
 out the words, " as expressed by Governor 
 Gamble." 
 
 The motion was agreed to. 
 
 Mr. MARMADUKE. I move to strike out of 
 the resolution all after the word "emancipa- 
 tion." I desire to strike out the extracts from 
 the message of Governor Gamble, because I do 
 not endorse the argument made by the Gover- 
 nor. I desire to vote for the resolution, but 
 canrot do it with the argument attached. 
 
 The motion was disagreed to. 
 
 Mr. DUNN. I move to strike out all after 
 the word "resolved," and insert 
 
 The PRESIDENT. The motion is not in 
 order. 
 
 Mr. DUNN. I will read my proposition for 
 information : 
 
247 
 
 Resolved, That the proposition of the Presi- 
 dent and Congress is entitled to a respectful 
 answer, but the Convention is not inclined to 
 act on the proposition, believing such action 
 would produce excitement dangerous to the 
 people of the State. 
 
 The PRESIDENT. The question is on agree- 
 ing to the substitute of the gentleman from 
 Buchanan. 
 
 The ayes and noes were demanded and 
 the vote resulted, ayes 30, noes 35, as fol- 
 lows : 
 
 AYES Messrs. Bass, Bast, Birch, Brown, 
 Calhoun, Comingo, Doniphan,Donnell, Dunn, 
 Drake, Flood, Hall of Buch'n, Howell, Hudg- 
 ens, Irwin, Jamison, Kidd, Marmaduke, Mc- 
 Dowell, Matson, Pipkin, Rankin, Ray, Ross, 
 Ritchey, Sayre, Shackelford of H., Sheeley, 
 Welch, and Woodson 30. 
 
 NOES Messrs. Allen, Bogy, Breckinridge, 
 Bridge, Bush, Collier, Douglass, Eitzen, Gra- 
 velly, Hendricks, Hitchcork, Holmes, How, 
 Isbell, Jackson, Johnson, Leeper, Linton, 
 Long, Marvin, McClurg, McCormack, Mc- 
 Ferran, Meyer, Orr, Phillips, Pomeroy, Scott, 
 Shackelford of St. Louis, Shanklin, Smith of 
 Linn, Smith of St. Louis, Stewart, Woolfolk, 
 and Vanbuskirk 35. 
 
 Mr. ALLEN, (in explanation of his vote). I 
 prefer, Mr. President, to vote for the resolu- 
 tions reported by the majority of the commit- 
 tee. I could vote, under similar circumstances, 
 for the one offered by the gentleman from Bu- 
 chanan, and just as readily. They both, as I 
 understand them, embody the truth in reference 
 to the position of a majority of this Conven- 
 tion ; but I have always preferred, when a res- 
 olution or ordinance was offered, if the major- 
 ity report answered the same purpose, and 
 contained the same principles as the substitute, 
 to vote for the majority report in preference to 
 any other ; and in giving my vote upon this pro- 
 position, I do not do it with the understanding 
 that I do not endorse the principles, and, in ef- 
 fect, all that is said in the substitute. But as 
 I conceive that the report of the majority of 
 the committee contains about the same senti- 
 ments, and is about all that we should say at 
 this time, I shall vote no. 
 
 Mr. BOGY, (in explanation of his vote). I 
 am really sorry, sir, that I cannot support the 
 substitute of the gentleman from Buchanan. 
 I have read both, and it seems to me that the 
 resolution of the gentleman from Buchanan 
 does not cover the point entirely that we are 
 aiming at, and having a preference for the 
 
 other, and believing it more appropriate than 
 the substitute, I vote no. 
 
 Mr. MARMADUKE, (in explanation of his 
 vote). I desire simply to say that I protest 
 against the argument that is used in support of 
 the resolution offered by the gentleman from 
 Buchanan. I further protest against the state- 
 ment that the proposition of Congress is a lib- 
 eral one ; but deeming this preferable to the 
 majority report, and that we must choose be- 
 tween the two, I vote aye. 
 
 Mr. MCCORMACK, (in explanation of his 
 vote). After due reflection upon the matter, 
 I am of the opinion that the original report, as 
 it came from the committee, is the most ap- 
 propriate one for this body to adopt. There 
 has been a good deal of debate on the resolu- 
 tion. There has been a reference made to the 
 action of this body, when an application was 
 made, on the part of a gentleman from Georgia, 
 to address the Convention, at its first session. 
 I voted in favor of allowing that gentleman to 
 address this body; but if any gentleman sup- 
 poses that I, in voting that he should have the 
 liberty of addressing this body, was in favor 
 of the principles he inculcated, he very much 
 misconstrues what my real intentions and 
 views were. I did it out of courtesy to Geor- 
 gia, who had been a sister State of ours, and 
 who had accredited a gentleman to this State to 
 address this body. I thought it was due to the 
 State of Georgia to treat her Commissioner 
 with respect, and, while I voted for that gen- 
 tleman to address this body, and, while I was 
 willing he should address this body, I was just 
 as much opposed to the doctrines he inculcated 
 as any man could be. I am in favor of this 
 Convention and the people of Missouri reply- 
 ing, in respectful language, to the Government 
 of the United States, in reference to this mat- 
 ter, and I think we owe it to ourselves, as well 
 as to the Government of the United States, to 
 answer this appeal to us, made by Congress 
 and the President, in respectful language. I 
 do not think, sir, it should be treated with con- 
 tempt, neglect or disregard. It does not fol- 
 low, sir, that because I am in favor of this that 
 I am in favor of emancipation in Missouri, 
 but it is because I believe the acts of the Gov- 
 ernment of the United States towards us justi- 
 fy us in saying that we owe it to the Govern- 
 ment of the United States to treat that Gov- 
 ernment with profound respect. What is the 
 indebtedness we have as a State to the Govern- 
 ment of the United States ? Since we have had 
 existence as a State, and even prior thereto, 
 
248 
 
 that Government has protected us with arms 
 and money, defended us on the frontiers, and 
 protected us when a Territory from the barba- 
 rous savages that surrounded us. From that 
 day down to this, every act of the Government 
 has been that of kindness. Sir, they have not 
 only done these acts, but they have assisted us 
 in building up schools, and railroads, and vari- 
 ous internal improvements, and I repeat that 
 every act of the Government towards the peo- 
 ple of Missouri has been of kindness. There- 
 fore, it is proper and right for us to be respect- 
 ful in our language towards that friend of ours. 
 Had it not been for the Government of the Uni- 
 ted States during the war that has desolated our 
 State, all of us would have been driven in exile 
 from our homes. I say the people of Missouri 
 owe a debt of gratitude to the Government of 
 the United States that, in my opinion, they 
 never will be able to pay. 
 
 I wish to allude to the remark of one gen- 
 tleman this morning, who said that this was an 
 appeal to the cupidity of his constituents. I 
 cannot so understand it. It simply declares 
 that if the people desire to rid themselves of 
 slavery the Government will co-operate with 
 them, and compensate them for the inconveni- 
 ence to which they may be subjected by such 
 a change of system. [Here the hammer fell.] 
 
 Mr. HITCHCOCK. An omission occurs in 
 the resolution adopted by Congress, as report- 
 ed by the committee. It should read, "giving 
 to such State aid, to be used in its discretion," 
 &c. 
 
 Mr. RAY, (in explanation of his vote). I 
 shall vote for this substitute, and in doing so I 
 do not desire it to be understood that I thereby 
 endorse that part of it which recognizes the 
 act of the President or Congress as one of 
 liberality to the State. I do not so regard it; 
 but, on the contrary, regard it as an act of un- 
 warrantable interference with our domestic 
 affairs, and for that reason I am opposed to it. 
 
 The vote was then announced. 
 
 Mr. HUDGENS asked and obtained leave to 
 publish the following speech in the debates, 
 without reading it to the Convention : 
 
 Mr. HUDGENS. Mr. President, for the first 
 time during this session of the .Convention, 
 I claim the attention of the house while I 
 briefly place myself upon the record with 
 regard to the important measures under con- 
 sideration. I have never been suspected of 
 avoiding responsibility as a representative of 
 my constituents, and when a faithful historian 
 shall write the doings of this body, and the 
 
 sovereign people shall again have the liberty 
 to call us to account for our stewardship, I 
 desire to stand or fall by my record. In the 
 three former sessions of this Convention I 
 have placed myself fully and fairly upon the 
 the record upon every measure j and, although 
 I have had the misfortune (if misfortune it be) 
 to be in the minority on most of the important 
 issues, I am gratified to know that, since our 
 last session, my district has been fully canvas- 
 sed by my opponents, in my absence, with 
 eighteen circulating petitions, and only seven 
 hundred, out of seven thousand voters, are found 
 to oppose my former representation. These 
 seven hundred voters have, through their special 
 representative, my colleague from Holt (Mr. 
 Vanbuskirk,) who seems to have but little other 
 business in this Convention than to make charg- 
 es against my fidelity to my constituents, at 
 each session, and then fall back into pitiable 
 obscurity, presented a petition to this Conven- 
 tion for my expulsion. About one-half of these 
 petitioners I know well, the other half I be- 
 lieve are fictitious names. 
 
 As to those I know, I am glad they have en- 
 rolled themselves against me, and informed 
 this Convention and the people at large that I 
 am not the man to represent them. They know 
 me well, and have known me long, and they 
 are correct in saying that I am not the man to 
 represent them in this Convention. They 
 know I am not a man of violence or bloodshed ; 
 that I am, and have ever been for peace, and 
 opposed to all schemes of outlawry in my dis- 
 trict ; that I have no fellowship with men who 
 seize their neighbor's hard earnings by force, 
 without shadow of right, because they differ 
 in opinion on the question of slavery, and their 
 own strong desire to acquire property without 
 compensation to the owners thereof. My dis- 
 trict has been deprived, within the lastyear, ac- 
 cording to various estimates, of not less than 
 $2,000,000 worth of property. And conspic- 
 uous among these petitioners are the names of 
 many charged with taking their neighbors' pro- 
 perty by force and arms, contrary to the peace 
 and dignity of the State of Missouri. 
 
 I know that I represent the will of two- 
 thirds of my district to-day; and that, while 
 every crime known to the laws of this land 
 has been committed within the district, in the 
 last year, those whose principles I represent 
 have been quiet, peaceable, law-abiding citi- 
 zens, praying to be let alone in the enjoyment 
 of their constitutional rights. They have .hed 
 no innocent blood, nor robbed widows and or- 
 
249 
 
 phans of their daily bread j they have deprived 
 no man of life, liberty or property, but have 
 stayed at home, when permitted eaten their 
 own bread, worn their own clothes, and rode 
 their own horses. 
 
 But it is further charged by said petitioners 
 that I have not been in my district for twelve 
 months. I need only refer to my former 
 speeches for a full explanation of the cause of 
 my absence. For the special benefit of these 
 petitioners, I will remind them, that, thousands 
 of years ago, a certain man named Lot was 
 compelled to leave his home and flee to the 
 mountains, without permission to look back 
 on its ruins, from the sins of better men than 
 drove me and mine from our homes. 
 
 But as the special committee, appointed to 
 consider this petition have reported against the 
 petitioners upon their own showing, without 
 any defence from me, I will not further trou- 
 ble the house with the matter, but allow my 
 friend from Holt to represent his petitioners, 
 while I shall claim the honor of representing 
 the remaining six thousand constituents who 
 endorse my former action. 
 
 The journals of this Convention will bear 
 me testimony that I have always opposed every 
 infraction of the Constitution and laws of this 
 State and United States, whether it came from 
 Northern abolitionist or Southern fanatic. I 
 have equally opposed coercion, because I be- 
 lieved it was an element that did not belong to 
 our republican form of government, but in con- 
 flict with its fundamental principles. I believ- 
 ed that its strength was in the hearts of the 
 people, and not in the bayonet; that it was a 
 Government of compromise, formed by mutu- 
 al concessions of the thirteen original colonies, 
 for common defence against foreign powers, 
 and that the power of the General Government 
 was never intended to be used against its own 
 colonies or States. The Declaration of Inde- 
 pendence expressly avows, as a fundamental 
 principle upon which the Government was 
 being established, that no government could or 
 would be tolerated unless by the consent of the 
 governed. No other government could have 
 been established, and it was for this principle 
 of self-government that Washington fought, 
 and freemen died. I opposed it, because I was 
 not a man of war, notwithstanding I admit the 
 right of revolution. I have, for years past, 
 abandoned a lucrative profession, and pro- 
 claimed to my fellow-citizens the <f glad ti- 
 dings of peace on earth, and good will towards 
 men," without earthly compensation or reward. 
 
 I am opposed to all wars, except the one in 
 which I have engaged all my life, against the 
 "arch-traitor" and his ''unholy angels." 
 
 When the "Provisional Government" was 
 deemed necessary by a majority of this Con- 
 vention, about one year ago, I opposed it for 
 reasons then given on this floor. But when 
 established, I then said, as I now say, that, 
 however much I might disapprove of its policy 
 and illegality, I would not resist it, except at 
 the ballot-box. As Governor Jackson had 
 been driven from the State, I was willing to 
 give the Provisional Government a fair trial, 
 and I have since rendered strict obedience to 
 the " powers that be," and given to Cajsar the 
 things that are Caesar's. Forced by outlaws 
 from my home to the city of St. Louis, I have 
 remained there, in quiet submission to all the 
 requirements of martial law, and there I ex- 
 pect to remain so long as I am protected and 
 there is no protection from outlaws in my own 
 district. 
 
 This Convention was empowered by the peo- 
 ple to consider our relations to the General 
 Government, in consequence of the secession 
 of several sister States. It was the express 
 understanding of the people that, if we, as del- 
 egates, should decide there was cause for Mis- 
 souri to withdraw from the Union, we should 
 so report to the people for their action. At 
 the first session, we decided there was no suf- 
 ficient cause of separation at that time. We, 
 therefore, fully discharged the trust delegated 
 to us by the people, and should have adjourned 
 sine die, and so I voted, believing we had no 
 further commission to act for the people. If 
 I was right, then every subsequent act of this 
 Convention has been by virtue of power as- 
 sumed by the Convention, and not delegated by 
 the people. Whether I was right or not, the 
 people have so decided, and have deliberately 
 repudiated every subsequent act j and this 
 Convention, after submitting their acts to the 
 people for approval, went far enough to see, 
 written in legible characters on the wall, 
 Mene, mene, tekel, upharstn, and with smiting 
 knees, withdrew them from the condemnation 
 of the people. If we admit that the Conven- 
 tion could legally exercise powers other than, 
 those expressly delegated by the people, then, 
 we respectfully ask, is it not a great abuse of 
 power to refuse to submit our acts to them, be- 
 cause, forsooth, we know the people, whose 
 agents we are, will repudiate them. 
 
 Shall we, in this great State of Missouri, in 
 this land of the " West," where liberty is sup- 
 
250 
 
 posed to be as boundless as our extensive 
 country, proclaim to the world, after living 
 eighty-six years under the delusion that the 
 people were capable of self-government, that 
 the " Declaration" of our fathers is false, and 
 the Constitution of our country as worthless 
 as cobweb. But yesterday, on this floor, a 
 distinguished gentleman, who acts with the ma- 
 jority ol; this body, declared his policy to be, if 
 I understood him, that if the Constitution came 
 in the way of this Convention, to break it like 
 cobweb. Sir, is this the kind of Government we 
 are to have in this " restored t/mon" of our fa- 
 thers ? Shall forty members of this Convention 
 possess self-perpetuating power in office, and 
 their will be substituted for our Constitution ? 
 Sir, if we thus disregard the Constitution, what 
 limit is there to our power ? If we have the pow- 
 er to do legally what we have done, what is it that 
 we could not do ? We have drifted to strange 
 conclusions, and are upon an unknown and 
 stormy sea. When the mariner is cast, with 
 his bark, on the great bosom of the ocean, the 
 harder the storm rages the closer he clings to 
 his vessel and his compass, as the only means 
 of safety and of knowing his whereabouts, 
 and into what breakers he is drifting. ' So, in 
 the midst of this great revolution, we ought to 
 cling to the Constitution and landmarks of our 
 fathers, as the only guide, that we may know 
 where we are drifting, and where we will land. 
 But, i( Oh ! shame where is thy blush," when 
 men on this floor, and others, occupying high 
 positions on the great ship of state, upon which 
 rest the lives and destinies of our people, will 
 recommend the destruction of our only safe- 
 guard, as " cobweb," and trust our fate to an 
 unknown sea at a time when madness rules the 
 hour ! 
 
 Thus I have carefully considered the doings 
 of this Convention, and have felt it my duty to 
 vote against every leading measure since the 
 first adjournment, believing they were in vio- 
 lation of the Constitution of the State, and in- 
 fringements upon the liberties of the people. 
 I have attended each call, because I desired to 
 protest against its unauthorized action, and 
 share my responsibility. 
 
 I opposed the deposing of the officers of State 
 and Legislature, because I believed the act un- 
 constitutional and an unwarranted assumption 
 of power. I refused to assist in filling the 
 offices thus vacated, because I did not believe 
 that they were constitutionally vacant, for the 
 reason then given ; believing then that no good 
 would result from a Provisional Government 
 
 and a mixture of civil and military power. I 
 jelieved that the question had to be settled by 
 ;he bayonet and such gigantic armies as the 
 world never before had seen. I knew a Pro- 
 visional Government would only complicate 
 matters by doubling the rulers and difficulties 
 of the people without corresponding good ; 
 'hat if we must have another Government, that 
 a strong Military Government would better 
 preserve the peace and quiet of the State, 
 supported by the Treasury of the General Gov- 
 ernment, than a Provisional Government neces- 
 sarily weak, without resources, and generally 
 repudiated by the people. A year's experience 
 has proven that I was right. It has not been 
 able to protect its citizens in life, liberty, or 
 property, and but for the presence of Federal 
 forces could not protect itself. 
 
 The first act of the Governor was to proclaim 
 pardon to all rebels that would lay down their 
 arms and return to their allegiance. Have not 
 hundreds of them returned and claimed protec- 
 tion under the proclamation. 
 
 The Convention also offered pardon to the 
 same class of persons, and how have we ex- 
 tended it? After they have complied with our 
 terms, by oaths and pledges obtained from them 
 by our mutual pledges of full pardon and pro- 
 tection now that we have them bound hand 
 and foot, we have disfranchised them, in 
 violation of the solemn pledges of both the 
 Governor and Convention, and now laugh at 
 their folly and weakness in expecting the mercy 
 that we promised. 
 
 The tenth section of the third Article of the 
 Constitution of the State provides that: "Every 
 free white male citizen of the United States 
 who may have attained to the age of twenty- 
 one years, and who shall have resided in this 
 State one year before an election, the last three 
 months whereof shall have been in the county 
 or district in which he offers to vote, shall be 
 deemed a qualified elector of all elective offi- 
 ces," &c. Yet, in addition to the violation of 
 our pledges of pardon, we have disregarded 
 our solemn oath to preserve inviolate this right 
 vested by the Constitution. 
 
 Forty members, being a majority of this 
 body, have further declared that no one shall 
 run for office, or vote at any election, unless 
 he surrenders his constitutional rights and 
 endorses by solemn oath the will of this Con- 
 vention. 
 
 Article third of the amendments to the 
 Constitution of the United States, and sections 
 four and five of Article thirteen, Constitution of 
 
251 
 
 Missouri, alike prohibit any interference what- 
 ever with the liberty of conscience and freedom 
 of religious sentiment. In former days, when 
 men in authority respected those bulwarks of 
 the rights of the people, millions of the best 
 citizens of our land daily thanked our Creator 
 that under our Government we could "worship 
 God according to the dictates of an enlightened 
 conscience, and none dared to hinder or make 
 them afraid." But this Convention, without 
 the fear of the people or God before their eyes, 
 possessing or usurping self-perpetuating powers 
 in office, have laid their violent hands upon 
 these sacred and time-honored constitutional 
 guarantees, and declared them as "cobwebs" 
 in their power. Not satisfied with assuming 
 the powers of the civil government of the 
 people, they insult the God of the Universe by 
 assuming to dictate to his people upon what 
 terms and in what manner their worship in 
 part will be allowed. Even ministers of the 
 sanctuary, who have labored all their lives 
 preaching " peace on earth and good will 
 towards men," obeying all law human and 
 divine, have been violently abused on this floor, 
 because, forsooth, they worship God according 
 to their own will and His laws, instead of the 
 will or political creed of this Convention. So 
 violently are they denounced here, without 
 discrimination between good and bad, that the 
 gentleman from St. Louis (Mr. Smith) called 
 on me yesterday to defend these unarmed 
 preachers. They need no defence here I mean 
 that portion that differs with this body. Their 
 fi kingdom is not of this world ;" their cause 
 will be plead in a higher court, and not before 
 this body as a jury ; and while they will look 
 upon the proceedings of the members of this 
 body with mingled pity and regret, they will 
 petition an All-wise God to "forgive them, 
 for they know not what they do." I commit 
 their defence in the hands of Him who has said 
 " Vengeance is mine, and I will repay." 
 
 With a large religious element in our State 
 thus troubled in their sacred rights; with at 
 least one hundred thousand voters disfranchised 
 by the assumed authority of this Convention ; 
 and with the prevalent anti-slavery feeling 
 displayed in resolutions and speeches in this 
 house, showing clearly where the present 
 assumed custodians of the people's sovereignty 
 were drifting, I voted to postpone the election 
 of members of the Legislature and Congress 
 from August until November. I believed that 
 an election now would only put upon the people 
 a new swarm of hungry officers to eat out our 
 
 substance opposed to the will of the people, 
 the yeomen of the country, and necessarily 
 Black Republicans, hostile to the most vital 
 interest of the State. The people have no 
 power now to avert it, and hence I desired to 
 put off the mere farce of an election, in which 
 only the Black Republican or Abolition party 
 of the State could participate, until sovereignty 
 was again restored to the people. I hope there 
 will be no elections held in the State until free- 
 men can exercise their inalienable rights under 
 the Constitution, and by virtue of their sove- 
 reignty assume the reins of the Government. 
 
 I regret to seethe great and vital interests 
 of the State placed in the hands of known 
 enemies to one of our institutions. I regret to 
 see that abominable "higher law" doctrine of 
 the abolition party, which prevails over and is 
 superior to Constitutions, find efficient advo- 
 cates upon this floor ; and that schemes for the 
 abolition of slavery are boldly advocated, in 
 violation of our State Constitution. If these 
 schemes succeed and I must confess I see no 
 means of averting them under present rule our 
 State is ruined. The hardy yeoman who has 
 spent the prime and vigor of his youth in 
 felling the forest and providing a home for his 
 old age, must now yield his right of suffrage, 
 then his property, and finally his home. 
 
 And this, gentlemen, is the process by which 
 you propose to "restore the Union. " I would 
 to God I could see some adaptation of your 
 proceedings to the end desired. No one desires 
 a restoration of the ancient order of things 
 more than I do ; and if I could only persuade 
 the "powers that be," here and elsewhere, to 
 appeal to the hearts instead of the prejudices 
 of the people, and to return to the Constitution 
 and teachings of our fathers, wipe out every 
 law of every State, in violation of the magna 
 charta of our liberties, I would then have more 
 hope of success. A government like ours, 
 established in the hearts of the people, never 
 can be held together by the bayonet. The 
 tender chords of the heart are never touched 
 except by acts of kindness, which "heap coals 
 of fire on the head." If the rulers of our land 
 could only be checked in their mad career, and 
 adopt the weapon of our fathers, and the im- 
 mortal Clay, of compromise, appeal to reason 
 and the memory of our fathers instead of the 
 bayonet, we should soon have peace and pros- 
 perity throughout our land. Our swords would 
 be beat into plowshares, and our spears into 
 pruning-hooks, and we would learn war no 
 more. 
 
252 
 
 Mr. HALL. As many of us are anxious to 
 get away at half past twelve, and as I think 
 the subject has been sufficiently discussed to 
 enable us to understand it, I move the previous 
 question. 
 
 Mr. HrTCHCOGK. I hope the gentleman will 
 withdraw it. 
 
 Mr. BRECKINRIDGE. I am ready to vote 
 for the motion, but I do not desire to prevent 
 further discussion if any gentleman wishes. 
 
 Mr. HALL. The only way by which we can 
 get to a vote is to move the previous question. 
 
 Mr. BRECKINRIDGE. I am not willing to 
 have the subject postponed until to-morrow by 
 a failure to sustain the previous question. 
 
 Mr. HALL. Well, what do you say ? 
 
 Mr. BRECKINRIDGE. If the question can 
 be sustained, I hope it will be taken. 
 
 Mr. BIRCH. I will call the ayes and noes. 
 
 Mr. HALL. At the request of the gentleman 
 from St. Louis, I will withdraw my motion 
 for the previous question. 
 
 Mr. BIRCH. I will now offer the following 
 as a substitute : 
 
 fiesolved, That the lateness of the period for 
 the consideration of the momentous questions 
 alluded to, renders opportunity for discussion 
 thereon impracticable under the rule adopted 
 for closing the proceedings of this body, and 
 for this and other reasons the proposition of 
 the President and Congress is respectfully 
 postponed. 
 
 One word, Mr. President. First : I impute 
 nothing improper to the Governor at all. I 
 leave to the Governor the consideration of his 
 duty, as I leave to every member of this body 
 the consideration of his duty. It is incontesti- 
 bly true that this message has only been laid 
 upon our table since the adjournment yesterday 
 evening. This morning, in view of the action 
 before us, we solemnly resolved that debate 
 should be limited to five minutes, and I ask 
 now whether a question of so much magnitude 
 and importance as the one now before us can 
 be decided injustice to the people of Missouri 
 and to ourselves in five minute speeches 
 during the course of this day. If it can, then 
 let gentlemen vote so. I repeat again, that I 
 think I am sufficiently explicit in my feelings 
 towards the Governor. I intend no disrespect 
 towards him. He may have had good reasons 
 for not suggesting this on the first day of the 
 session. Under the resolution which cuts off 
 debate I am frank to say, although I have 
 given the subject a good deal of consideration, 
 I cannot give my views upon the subject or 
 
 calmly reflect upon the matter as I could wish. 
 A single word further and I will sit down. 
 I have been treated with such eminent courtesy 
 by this body, that I do not regard the present 
 confusion as arising out of any disrespect to 
 myself. 
 
 The PRESIDENT. Gentlemen must preserve 
 order. 
 
 Mr. BIRCH. I would be impatient under 
 similar circumstances. We are all anxious to 
 adjourn, and the surrounding circumstances 
 well illustrate how utterly impossible it is to 
 calmly consider and discuss this question as it 
 deserves to be considered and discussed. My 
 proposition is a simple statement of the truth 
 that owing to the lateness of the period and 
 the want of time, we respectfully decline to 
 consider the subject. This will do no one in- 
 justice and will do ourselves justice. 
 
 Mr. HALL. I renew my motion for the pre- 
 vious question. 
 
 The motion was agreed to. 
 
 The ayes and nays were demanded, and the 
 vote resulted : ayes 37, noes 23, as follows : 
 
 AYES Messrs. Allen, Bogy, Breckinridge, 
 Bridge, Bush, Collier, Douglass, Eitzen, Gra- 
 velly, Hendricks, Hitchcock, Holmes, How, 
 Irwin, Isbell, Jackson, Johnson, Leeper, Lin- 
 ton, Long, Marvin, McClurg, McCormack, 
 McFerran, Meyer, Orr, Phillip*, Pomeroy 
 Rankin, Scott, Shackelford of St. Louis, 
 Shanklin, Smith of Linn, Smith of St. Louis, 
 Stewart, Woolfolk, and Vanbuskirk 37. 
 
 NOES Messrs. Bass, Bast, Birch, Brown, 
 Calhoun, Comingo, Donnell, Dunn, Drake, 
 Hall of Buchanan, How, Marmaduke, Mat- 
 son, McDowell, Ray, Ritchey, Ross, Sayre, 
 Shackelford of H., Sheeley, Welch, Woodson, 
 and Zimmerman 23. 
 
 So the resolutions offered by Mr. Breckin- 
 ridge were agreed to. 
 
 Mr. BROWN. (In explanation of his vote.) 
 In recording my vote I would merely say, 
 that I do not understand the President or 
 Congress as requiring any response from this 
 body. The emancipation project was recom- 
 mended by the President to Congress, and a 
 law passed merely to the effect, that the Gene- 
 ral Government would co-operate with any 
 State that might choose to adopt the measure ; 
 but no response was asked or expected from 
 this body at the present time, and should not 
 be expected or given. 
 
 Mr. HALL of Buchanan. I have great re- 
 spect for the President of the United States } 
 and would do anything I could consistently 
 
253 
 
 with my views to afford him gratification, but 
 believing the resolution is substantially an en- 
 dorsement of his proposition, I vote no. 
 
 Mr. DUNN. (In explanation of his vote.) 
 Mr. President In order to keep myself right 
 on the record, I will state that my position is 
 indicated by the resolutions which I desired to 
 offer as a substitute, but which, under the 
 operation of the previous question, were ruled 
 out of order. The resolutions which I desired 
 to offer are as follows : 
 
 Resolved, That the proposition made by the 
 Government of the United States to aid any 
 State that may adopt a scheme of emancipation, 
 is entitled to a respectful answer. 
 
 Resolved, That the Convention declines to 
 accept the proposition, because the Convention 
 ought to confine itself to the measures upon 
 which the people at the time of the election 
 expected them to act ; and because the accept- 
 ance of the proposition, in the present condi- 
 tion of the public mind, would produce excite- 
 ment dangerous to the peace of the State. 
 
 Entertaining these opinions, and dissenting 
 from the resolutions under consideration, so 
 far as they differ from these, lAvill vote against 
 the pending resolutions. 
 
 Mr. HENDRICKS. (In explanation of his 
 vote.) I do not think that these resolutions 
 are an endorsement of the proposition of the 
 President of the United States, and I therefore 
 vote aye. 
 
 Mr. McCLURG. (In explanation of his vote.J 
 As the Convention is anxious to adjourn, I 
 will give the explanation of my vote to the re- 
 porter. 
 
 The following 13 the explanation : I desire 
 for the first time to explain my vote, as the 
 "black snake" has been again thrown into 
 our midst, and I, for one, have no doubt such 
 scenes as we have witnessed will be repeated 
 until the fangs of the snake are known to have 
 been extracted. I am ready to vote accord- 
 ingly. We were called together to consider 
 the relation of this Government to the General 
 Government, and to transact and perform 
 things necessary for the direct and vital inter- 
 
 ests of the State of the whole State this will 
 not be denied not for the supposed interest 
 of a few slaveholders. We have acted upon a 
 revenue law, and could very properly have 
 taken up the subject of gradual emancipation, 
 to be presented to the people, for the reason 
 that our credit as a State, and I might say in- 
 dividuals, depends upon it. But this is not 
 now the time to discuss that proposition. But 
 I take this occasion to say that this Conven- 
 tion, by their action, has presented the ques- 
 tion to the people. When you attempt to stifle 
 the voice of a free people they will begin to 
 investigate for themselves, and I wish it to be 
 distinctly understood that I am one of the 
 people ; and that this question will be present- 
 ed to the sovereigns of the land, and that I, 
 for one, will use my utmost exertions for the 
 election of an emancipation General Assembly 
 at its next session, with the fullest conviction 
 that all the material interests of this State will 
 suffer, languish, and die, until the curse of 
 slavery be removed or placed in a way of gra- 
 dual extinguishment. Slavery, sir, is the 
 cause of our being here, the cause of having 
 been in the first place called. Such Conven- 
 tions have been convened in no free State. 
 The cause of the rebellion itself is slavery, as 
 the rebellion has extended to no free State. It 
 will not be difficult to present these and other 
 facts to the people, and to show them plainly 
 and unmistakably, that the masses, by all past 
 action, in this State, have been laboring to up- 
 hold for a contemptible few, an institution that 
 is blighting and withering in its effects and 
 destroying the substance of the many. 
 
 I, therefore, have favored taking the most 
 respectful consideration of the proposition of 
 the President and Congress, and therefore 
 now favor the report of the majority committee. 
 I, therefore, vote aye. 
 
 The vote was then announced as above. 
 
 The bill in relation to the Register of Lands 
 was taken up and passed. 
 
 After passing the customary complimentary 
 resolutions to the officers, the Convention ad- 
 journed sine die. 
 
VC 36172