DEPT. J O URNAL OP THE Contention, HELD AT THE \ CITY OF ST. LOUIS, OCTOBER, 1861. ST. LOUIS: GEORGE KNAPP & CO., PRINTERS AND BINDERS. 1861. DOCUMENTS DEPT. J OURNAL OF THE MISSOURI STATE CONTENTION, Held at the City of St. Louis, October, 1861. FIRST T) A. Y. The Convention convened in the Mer- cantile Library Hall at 11 o'clock A. M., in pursuance of the following Proclamation by his Excellency, Hamilton R. Gamble, Governor of the State of Missouri : (e The exigencies of the State require in my judgment the re-assembling of the State Convention ; Therefore, I, Hamilton R. Gamble, Governor of the State of Missouri, by virtue of the power vested in me by the Convention, do hereby call the Convention of the State to assemble at the Mercantile Library Hall in the city of St. Louis, on the 10th day of October next, to adopt such measures as the welfare of the State may require. " Given under my hand and the seal of the State at Jefferson City, this 21st day of September, A.D. 1861. [Signed,] By the Governor, H. R. GAMBLE. M. OLIVER, Secretary of State." The roll was called, when the following named persons answered to their names : THURSDAY MORNING, October 10, 1861. Messrs. Breckinridge,Broadhead, Bridge, Bush, Douglass, Gravelly, Hall of Buchan- x an, Hendricks, Hitchcock, Holmes, How, Howell, Hudgens, Isbell, Jackson, John- son, Leeper, Linton, Long, Marvin, Mc- Cormack, McDowell, Meyer, Orr, Phillips, Pipkin, Pomeroy, Rowland, Shackelford of St. Louis, Smith of L., Smith of St. Louis, Turner, Welch, Woolfolk, and Zimmer- man. There being no quorum present, on mo- tion of Mr. Broadhead, the Convention ad- journed until 3 o'clock. EVENING SESSION. The Convention met pursuant to ad- journment. The roll was called, when the following additional members answered to their names, viz : Messrs. Eitzen, Sayre, Stew- art, Tindall, and Wright. On motion of Mr. HALL of Buchanan, the Convention adjourned until to-morrow morning at 10 o'clock. 997155 SECOND The Convention met pursuant to adjourn- ment,, and was called to order by the Presi- dent, Mr. WILSOX. The roll was called, when the following additional members answered to their Messrs- Allen, Gamble, Gantt,Ha of R., Henderson, Inrin. Jamison, Maupin, Mc- Ferran, Vanbuskirk, and Mr. President. There being a quorum present, the pro- ceedings of yesterday were read and ap- proved. Hie PMSIDXXT laid before the Conven- tion the following communication from the JrmfcJEJrtOT. Trkich va read, and on motion of Mr. Birch, was laid on the table and 200 copies ordered to be printed for the use of the Convention. To the CamvaOum of the State o/lfu- In the exercise of the power which you hare conferred upon me, I have called the body to assemble at this time, to consider and adopt such measures as the welfare of ike State may require. .* Although there is no constitutional re- quirement that I should communicate to you my views of the condition of the State, tion, yet Acre seem* to be a propriety in - my stating the reasons for calling yow to- by e that, breadth of the State, there is now existing a orH war that threatens the destruction of all govern- ment, and strikes at the very foundations of society. Yon are acquainted already with the situation of afiurs in our State. Tke obligations which rest upon the chief executive to preserve order and peace in r, to enforce the*laws, and to by force, all combinations against :_7 .v.. : . : ^:: FEIDAT MO*XKG, October 11, 1861. sures for the organization of the military power of the State should be adopted than now exist. The act of 1859, which you re- vived at your last session, and made the law for the organization of volunteer for- ces, is found, upon trial, to be a most in- efficient law in the present times, which re- quire promptitude and energy. It is therefore assigned as one of the principal reasons for calling the Conven- tion, that you should adopt a military law more simple and more efficient than that You are aware further, that the treasury of the State is empty. The Treasurer re- ported to me on the 21th of September last, that there was in the treasury $21,422.73, which was subject to a deduction for cou- pons paid by the Bank of the State on the old debt, the amount of which coupons he had not ascertained. The whole of the sum thus reported in the treasury is, in all probability, already absorbed by the pay- ment of the salaries of civil officers. At this time the Sheriffs in very many of the counties are resigning their offices, in or- der to avoid the duty of collecting die taxes, which is supposed to be impracticable. Under these circumstances, it is appa- rently impossible to provide means by ex- isting laws for the payment of the ordina- ry expenses of the government, and it is manifestly impossible to provide, by any system of taxation, for the extraordinary expenses of a military force. That you might devise some scheme for raising the money, which is indispensably necessary to support troops, and to de- fray ordinary expenses, was another reason for calling yon together. Beyond these two reasons for the call, it is believed by many, and the opinion has been expressed to me, that the election for State officers, ordered at your last to take place on the first Monday of Novem- ber next, cannot be held, so as to obtain a fair expression of the public will. In the disturbed condition of the State, with many citizens absent from the State, with excite- ment existing throughout our whole limits, so that in some districts citizens entertain- ing one set of opinions would not be per- mitted to vote, while, in other sections, those holding opposite opinions would be denied the right of suffrage, it is obviously impossible to have a fair vote taken. As I concur in the opinion thus express- ed, this question of postponing the election is submitted to your consideration, without any reasoning on my part, in favor of the postponement. I: is proper forme, while calling your at- tention to this subject of the election, to remind you, that when I was chosen to fill my present position of Provisional Gover- nor, I was chosen to exercise the executive functions until the first Monday of Novem- ber ; yet as the words of the ordinance are, " and until his successor shall be duly elected, and qualified," the effect of a post- ponement of the election will be to con- tinue me in office for a longer period than was contemplated by the Convention when I was chosen, or by me when I accepted the office. It is proper, therefore, that you should, at this time, select a person to dis- charge the executive duties during the pro- longed period that will elapse before an election can be held. In making such selec- tion, you will remember, that you have the whole State from which to make the choice, without confining yourselves to the mem- bers of the Convention. It is not necessa- ry that I remind you, that the only basis of a safe choice is the good of the people, without regard to personal predilections, or party relations. The motto on our State arms, " Solus populi suprema lex es/o," furnished a safe guide in all our public ac- tion. There are other matters upon which there is a desire among the people that you should act, but which, as they have no con- nection with the duties of the office I hold, and as they partake of tue character of or- dinary legislation, I forbear to mention in this communication. H. E. GAMBLE. Mr. BIKCH offered the following resolu- tion, which was adopted : Resolved, That Henry C. Wannoth is hereby appointed Doorkeeper of this Con- vention. On motion of Mr. BRECKDHUDGX, Resolved, That Joshua H. Alexander be appointed Assistant Sergeant-at-arms of this Convention. Mr. TIXDALL offered the following reso- lution : Resolved. That the Governor's Message be referred to the Committee of Eight, ap- pointed at the last session of this Conven- tion, with instructions to report such meas- ures for the action of the Convention as they may think proper. Mr. McFiRRAX offered the following as a substitute, which was adopted : Resolved, That the following committees be appointed, to whom all appropriate mat- ters shall be referred : Of the Militia, to consist of five mem- bers. Of Ways and Means, to consist of five members. Of Civil Officers, to consist of five mem- bers. Of Elections, to consist of five members. Of Revenue, to consist of five members. Messrs. Wannoth, doorkeeper, and Alex- ander, assistant sergeant-at-arms, came forward and were sworn into their respec- tive offices by the Hon. S. M. Breckinridge, Judge of the St. Louis Circuit Court. On motion of Mr. FKn. of B., the Con- vention adjourned until three o'clock. EYXSIXG SESSION. The Convention met pursuant to adjourn- ment. The President announced the following named members as composing the com- mittees constituted by the resolution of Militia Messrs. Tindall, Gantt, Sayre, Henderson, and Hitchcock. Ways and Means Messrs. How, Birch, Howeil, Hall of R., and Douglass. Civil Officers Messrs .McFerran, Phillips, Wright, Orr, and Broadhead. Elections Messrs. Hendricks, Marvin, Breckinridge, Hudgens, and Turner. Revenue Messrs. Hall of B., McCor- mack, Gravelly, Rowland, and Woolfolk. Mr. LONG offered the following resolu- tion, which was read, and on motion of Mr. Howell was referred to the Committee of Ways and Means : Resolved, That the Committee of Ways and Means be instructed to report an ordi- nance or ordinances providing for the fol- lowing objects : 1. The suspension of all sales of real es- state under execution until otherwise or- dered by this Convention. 2. The suspension of all courts, except for the transaction of criminal and county business, until otherwise directed by this Convention. 3. Authorizing a redemption of all real estate sold under deeds of trust within two years after the sale thereof. Mr. WELCH offered the following resolu- tion, which was referred to the same com- mittee : Be it Resolved by the Convention of the State of Missouri as follows: First. The Auditor of the State is here- by directed and required not to allow, and the Treasurer of the State is hereby di- rected and required not to pay, from and after the passage of these resolutions, the salaries allowed by existing laws of this State to the following named officers and agents, except as hereinafter provided, to wit : 1. The Board of Public Works. 2. The Superintendent of Common Schools. 3. The State Geologist. 4. The Officers of the State Lunatic Asylum. 5. The Officers of the Deaf and Dumb Asylum. 6. The Judges of the Circuit Court. 7. The Circuit Attorneys, except in the county of St. Louis. 8. The Bank Commissioner and Assistant Bank Commissioner. Second. Be it further Resolved, That the suspension of the salaries, designated and provided for in the foregoing resolu- tion, shall continue until the duties of the said several offices shall have been fully re- sumed, and until payment thereof shall be directed by the Provisional Governor appointed by this Convention, or his suc- cessor, duly elected by the qualified voters of this State, and such payment shall be from the time so designated and not be- fore. Third. Be it further Resolved) That the Secretary of this Convention furnish to the State Auditor and Treasurer each with a duly certified copy of these resolutions. Mr. MCDOWELL offered the following, which was read and referred to the Com- mittee on Elections : Resolved, That the Committee on Elec- tions report an ordinance postponing the election for Governor, Lieutenant- Gover- nor, Secretary of State, and Members of the General Assembly, until the first Monday in August, 1862. Mr. STEWART offered the following, which was read and referred to the same com- mittee : Resolved, That the Committee on Elec- tions be instructed to report a bill re- quiring all voters to take an oath to sup- port the Constitution of the United States and of the State of Missouri. Mr. HITCHCOCK offered the following re- solution : Resolved, That the Committee on Ways and Means be instructed to consider the expediency of action by the Convention for the purpose of confiscating the proper- ty of all persons, citizens or residents of this State, who shall, at the expiration of a reasonable time, be found employed in aiding or abetting the rebellion now on foot within its borders, and for the appli- cation of the property so confiscated ; first, to the reimbursement of loyal citizens of this State for losses sustained by them in supporting the National and State Govern- ments ; and, secondly, to the use of the State. And that they report by ordinance or otherwise. Mr. HOWELL moved to reject the resolu- tion, and upon his motion called the ayes and noes, which motion was decided in the negative by the following vote : AYES Messrs. Allen, Birch, Bridge, Hall of R., Howell, Hudgens, Jamison, Long, Marvin, McFerran, Phillips, Pipkin, Pomeroy, Rowland, Sayre, Shackelford of St. Louis, Welch, Woolfolk, Wright, Vanbuskirk, Zimmerman, and Mr. Presi- dent 22. NOES Messrs. Breckinridge, Broadhead, Bush, Douglass, Eitzen, Gantt, Gravelly, Hall of B., Henderson, Hendricks, Hitch- cock, Holmes, How, Irwin, Isbell, Jackson, Johnson, Leeper, Linton, Maupin, Mc- Dowell, Meyer, Orr, Smith of L., Smith of St. L., Stewart, Tindall, and Turner 28. The resolution was referred to the Com- mittee on Ways and Means. Mr. HOWELL asked to be, and was, ex- cused from serving on the Committee of Ways and Means. Mr. IRWIN was thereupon appointed upon said committee. Mr. BRECKINRIDGE offered the following, which was adopted : Resolved, That the Clergymen of this city, who are loyal to the Government of the United States, be requested to attend the meetings of this Convention, and open the same with prayer. Mr. PHILLIPS offered the following reso- lution : Resolved) That all resolutions hereafter introduced be referred to the appropriate committee. Mr. BIRCH offered the following amend- ment : Strike out all after the word "Resolved," and insert, "That the present and prospec- tive condition of the country demand the postponement of our election ; the abroga- tion of all useless offices ; the reduction of all official salaries; the postponement of all coercive measures for the collection of debts and taxes; that the sword of the State be strengthened through the credit of the State and that the fidelity and loyalty of all its officers be secured by the most un- questionable guarantees. On motion of Mr. WELCH, the further consideration of the resolution and amend- ment was postponed for the preseut. Mr. MCFERRAN offered the following reso- lution, which was adopted : Resolved, That so much of the Gover- nor's Message as relates to military affairs and the army be referred to the Committee of the Militia ; that so much of the Gov- ernor's Message as refers to the finances of the State be referred to the Committee of Ways and Means ; that so much of the Governor's message as relates to the elec- tion of State officers be referred to the Com- mittee of Elections. On motion of Mr. WRIGHT, the Conven- tion adjourned until ten o'clock to-morrow morning. THIRD DA.Y. The Convention met pursuant to ad- journment, and was opened with prayer, by the Rev. Dr. Nelson. The Journal of the proceedings of yes- terday was read and approved. Messrs. NOELL and BOGY, F elegates to the Convention, appeared and took their seats as members of the body. Mr. HUDGENS asked to be, and was, ex- cused from serving upon the Committee of Elections. Mr. HENDRICKS, from the Committee on Elections, made the following report, which was read, and, upon motion, was laid on the table, and two hundred copies ordered to be printed. The Committee on Elections beg leave to report the following ordinance for the ac- tion of the Convention, and recommend the passage thereof. IIENDRICK, Chairman. AN ORDINANCE PROVIDING TOR CHANGING THE TIME OP HOLDING CERTAIN ELECTIONS. WHEREAS this Convention did, during its sessions at Jefferson city, on the 30th day of July, A. D. 1861, adopt "An ordinance providing for the election of certain State officers," and also "An ordinance provid- ing for submitting its action to the people of the State of Missouri, and appointing a time therefor"; AND WHEREAS it is manifest, that, by rea- son of the disturbed condition of the State, it will be impossible at the time so appoint- ed 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 fol- lows, to wit : First. That so much of an ordinance en- titled "An ordinance providing for certain amendments to the Constitution, (adopted SATURDAY MORNING, October 12, 1861. on the 30th day of July, A. D. 1861,) as pro- vides for the election of a Governor, Lieu- tenant 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 or- dinance 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 Con- vention 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 there- in named, but instead thereof shall be held on the first Monday of August, A. D. 1862. Second. Said elections shall in all other respects be held, and the returns thereof made, as provided in the ordinances hereto- fore 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 succes- sors are duly elected and qualified, or until the qualified voters of the State shall dis- approve the action of this Convention. After considering the amendment of Mr. Birch to the resolution offered by Mr. Phil- lips, on motion of Mr. GANTT, the Conven- tion adjourned until 3 o'clock p. M. EVENING SESSION. On motion of Mr. TURNER, the consider- ation of the question was passed over; when Mr. MEYER Introduced the following or- dinance, which was read and referred to the Committee on Civil Officers : AN ORDINANCE CONCERNING THE REPEAL OF AN ACT OF THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, ENTITLED "AN ACT TO ESTAB- LISH A UNIFORM SYSTEM OF PUBLISHING NO- TICES OF JUDICIAL SALES AND OTHER LEGAL NOTICES IN ST. LOUIS COUNTY, STATE OF MIS- SOURI." Be it ordained by the People of Missouri in Convention assembled, as follows : An act of the General Assembly of the State of Missouri, approved March 5th, 1861, entitled "An act to establish a uni- form system of publishing notices of judi- cial sales and other legal notices in St. Louis county, State of Missouri,' 5 is here- by repealed, and declared of no validity whatever. On motion of Mr. HITCHCOCK, the resolu- tion offered by Mr. Phillips and the amend- ment offered by Mr. Birch were referred to the appropriate committee. On motion of Mr. HITCHCOCK, the Con- vention adjourned until Monday morning, at 10 o'clock. FOURTH MONDAY MORNING, Oct. 14, 1861. The Convention met pursuant to adjourn- ment, and was opened with prayer by the Rev. Mr. ELIOT. The Journal of the proceedings of yes- terday was read and approved. Mr. ZIMMERMAN offered the following reso- lution, which was read and referred to the Committee of Ways and Means : Resolved, That all Courts in the State of Missouri who refuse to discharge their duties shall receive no pay during the ab- sence of such courts, and that the limita- tion act shall cease during the absence of such courts; and that creditors on judg- ments, executions, bonds, notes, and* ac- counts, shall be entitled to the rate of in- terest agreed upon by creditors and debt- ors, not exceeding ten per cent., during the absence of said courts. And when there is no agreement between creditor and debtor respecting interest, all demands, including accounts, shall draw six per cent, per annum. On motion of Mr. HITCHCOCK, the Con- vention proceeded to consider the report submitted by the Committee on Elections. Mr. BRECKINRIDGE offered the following amendment to the ordinance reported by said committee : Amend by inserting after the word " elec- tions," occurring in the first line of the se- cond section, the following words: "and all other elections held previous thereto." The amendment was agreed to. Mr. ALLEN offered the following amend- ment to the ordinance, which was disa- greed to : Strike out all the last part of the third section after the (first) word, "qualified," in the fourth line. Mr. MCFERRAN offered the following amendment : Strike out section one, and insert the following : " 1. That so much of an ordi- nance entitled 4 An ordinance providing for certain amendments to the Constitution, (adopted on the 30th day of July, 1861,) as provides for the election of Governor, Lieu- tenant Governor, Secretary of State, and Members of the General Assembly, on the first Monday of November, 1861,' be and the same is 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, eighteen hundred and sixty-two ; and the ordinance entitled ' An ordinance submitting the action of this Convention to a vote of the people of 10 Missouri' be and the same is hereby re- pealed." On motion, the ordinance and amend- ment were recommitted to the committee. Messrs. Vanbuskirk and Holmes were added to the Committee on Accounts. On motion of Mr. STEWART, the Conven- tion adjourned until 3 o'clock P.M. EVENING SESSION. The hour of meeting of the Convention having arrived, and the President and Vice President being absent, the Convention was called to order by the Lieutenant Governor of the State, Mr. Hall of B. Mr. McFERRAN, from the Committee on Civil Officers, made the following report, and on his motion laid on the table, and 200 copies ordered to be printed. "The Committee on Civil Officers beg leave to report the following ordinance for the action of the Convention, and recom- mend the passage thereof. McFERRAN, Chairman." AN ORDINANCE PROVIDING FOR ABOLISHING CERTAIN OFFICES, REDUCING SALARIES, AND TESTING THE LOYALTY OF CIVIL OFFICERS IN THIS STATE. 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 here- by abolished, and the pay of said officer shall cease and determine from and after the passage of this ordinance, and the du- ties pertaining to said office shall be dis- charged 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, and the pay of said officers shall cease and determine from and after the passage of this ordinance; and the Clerks of the respective County Courts shall discharge all the duties of Common School Commissioner in their re- spective counties except visiting and lec- turing in the schools. 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 offi- cers in this State be and are hereby re- duced 20 per cent, during the year ending 30th September, 1862; and said per cent- age shall be deducted from the amount of said salaries, and withheld from said offi- cers from and after the passage of this or- dinance, until the said thirtieth day of September, A. D. 1862. Sixth. That each civil officer in this State shall, within forty 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 sub- scribed and sworn to, shall, within the forty days aforesaid, be filed by county officers in the Clerk's office of their respective 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 va- cant; and the Secretary of State and re- spective County Clerks shall, immediately after the expiration of the forty days afore- said, certify, under the seal of their respec- tive 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. On motion of Mr. GANTT, the Convention adjourned until to-morrow morning, at 9 o'clock. 11 ment. The Journal of the proceedings of yes- terday was read and approved. Mr. WELCH moved that the Committee on Accounts be instructed to audit and al- low the mileage prescribed by law to mem- bers of the Convention from their respec- tive places of residence to the city of St. Louis, by the route designated by law, the Convention having been called by the Gov- ernor to meet in said city. Mr. MCCORMACK offered the following resolution, which was read and referred to the Committee on Ways and Mean$ : Resolved, That the Governor be autho- rized to issue State revenue notes, to the amount of two million dollars, which said notes shall be accepted at par by all State officers, and in all transactions by the State. They shall be of the denominations of $100, $50, $25, and $10, and shall not bear interest, but they shall be received at any time the same as gold for all reve- nues of the State ; and those notes which do not thus come back to the State in pay- ment of taxes or for other revenues, shall, after three years from the date of their issue, be redeemed in gold on demand, on presentation of the same to the State Treasurer, or such agents as the Governor may appoint for this purpose. Any and every such revenue note coming back to the Government of the State in the shape of some revenue, shall be cancelled in some manner, and not be issued a second time. Mr. HENDRICKS, from the Committee on Elections, to whom was recommitted the report of said committee, together with the amendment offered by Mr. McFerran, reported the same back as originally amend- ed by the Convention, and recommended FIFTH DA.Y. TUESDAY MORNING, Oct. 15, 1861. The Convention met pursuant to adjourn- its adoption and the rejection of the amend- ment. Mr. TURNER, from the same Committee, made a minority report in favor of the adoption of the report as amended by Mr. McFerran. On motion of Mr. WELCH, the Conven- tion proceeded to the consideration of the majority and minority reports of the Com- mittee on Elections. Mr. HALL of B. called for the previous question. The question being, " Shall the main question be now put?" was decided in the affirmative. The amendment of Mr. MCFERRAN was disagreed to and the majority report agreed to, and the ordinance adopted by the fol- lowing vote, the ayes and noes being called for by Mr. Sayre : AYES Messrs. Allen, Birch, Bogy, Breck- inridge, Broadhead, Bridge, Bush, Doug- lass, Eitzen, Gantt, Gravelly, Hall of R., Henderson, Hendricks, Hitchcock, Holmes, How, Howell, Irwin, Isbell, Jackson, Jami- son, Johnson, Leeper, Linton, Long, Mar- vin, Maupin, McCormack, McDowell, Mc- Ferran, Meyer, Noell, Orr, Phillips, Pipkin, Pomeroy, Rowland, Shackelford of St. L., Smith of L., Smith of St. Louis, Stewart, Tindall, Turner, Welch, Woolfolk, Vanbus- kirk, Zimmerman, and Mr. President 49. NOES Mr. Sayre 1. Excused from voting Mr. Hall of B. Mr. BRECKINRIDGE presented a petition from the Presidents of the Railroads of this State, praying for the repeal of an act passed by the last General Assembly, en- titled " An Act in relation to the transpor- tation of freight and passengers on the sev- eral railroads in this State ;" which was referred to the Committee of Ways and Means. Mr. TINDALL, from the Committee on the Militia, made a report, which was laid on 12 the table, 200 copies ordered to be printed, and made the special order for to-morrow at 10 o'clock. On motion of Mr. HALL of R., the Con- vention adjourned until 3 o'clock p. M. EVENING SESSION. The Convention met pursuant to adjourn- ment. Mr. WRIGHT asked and obtained leave to record his vote in the negative upon the adoption of the "ordinance providing a change of the time of holding certain elec- tions." The Convention proceeded to the con- sideration of the report of the Committee on Civil Officers, when Mr. MCFERRAN offered the following amendment to the "ordinance providing for abolishing certain offices, reducing the salaries, and testing the loyalty of civil officers in this State :" Amend by adding a new section as fol- lows : " Seventh. The respective county court clerks in this State shall take and sub- scribe the oath provided in this ordinance, and file the same in the office of the Secre- tary of State within the forty days afore- said ; 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 requirements of this ordinance within twenty days after said vacancy shall be filled under the provisions of this ordi- nance." Mr. BROADHEAD offered the following amendment to the amendment : Strike out the sixth section of the ordi- nance, and insert : Sixth. That the offices of the Judges of the Supreme Court, Judges of the Circuit Courts, Probate Judges, sheriffs and clerks, and the clerks of the several courts of re- cord of this State, and Recorders of Deeds, Register of Lands, Auditor of Public Ac- counts, State Treasurer, and Attorney General, be and the same are hereby de- clared vacant ; and the Governor of the State is hereby authorized to fill the vacan- cies so created in the offices of the Judges of the Supreme Court, Judges of the Cir- cuit and Probate Courts, Register of Lands, Auditor of Public Accounts, State Trea- surer, and Attorney General, by appoint- ment of suitable persons to such offices. Seventh. The Judges of the Supreme Court thus appointed shall have power to appoint a clerk for said court, and the Judges of the Circuit Courts shall have power to appoint clerks for their respective courts, recorders of deeds, and sheriffs of the counties within their respective cir- cuits. Eighth. The officers to be appointed by the provisions of this ordinance shall hold their respective offices until the expiration of the period for which the present incum- bents of said offices have been elected, and until their successors are elected and qual- ified. Ninth. The present incumbents of all other civil offices in the State, except the Governor, Lieutenant Governor and Secre- tary of State, shall within sixty days from the passage of this ordinance take and sub- scribe, and file in the office of the clerk of the courts of the respective counties in which said incumbents reside, an affidavit to support the Constitution of the United States and of this State ; that he will not take up arms against the Government of the United States, nor the provisional gov- ernment of this State, nor give aid or com- fort to the enemies of either, and that he will maintain and support the provisional government established by the State Con- vention of Missouri. And the offices of all persons failing to file said oath as herein provided, are hereby declared vacant ; and upon the certificate of the clerks of the cir- cuit court of the respective counties where such offices may exist, to the effect that persons have failed to file such affidavits, the Governor of the State shall proceed to fill such vacancies by appointment. 13 Mr. WRIGHT moved to lay the amend- ments and ordinance on the table, and to print 200 copies of the amendment for the use of the Convention, and to make it the special order for to-morrow morning at 10 o'clock ; which motion was decided in the negative by the following vote the ayes and noes called for by Mr. Wright : AYES Messrs. Douglass, Howell, Jami- son, Pipkin, Welch, Wright and Vanbus- kirk 7. NOES Messrs. Allen, Birch, Bogy, Breck- inridge, Broadhead, Bridge, Bush, Eitzen, Gantt, Gravelly, Hall of B., Hall of R., Henderson, Hendricks, Hitchcock, Holmes, How, Irwin, Isbell, Jackson, Johnson, Leeper, Linton, Long, Marvin, Maupin, McCormack, McDowell, McFerran, Meyer, Noell, Orr, Phillips, Pomeroy, Rowland, Shackelford of St. Louis, Smith of L., Smith of St. Louis, Stewart, Tindall, Tur- ner, Woolfolk, Zimmerman, and Mr. Presi- dent 44. The amendment offered by Mr. Broad- head was then disagreed to by the follow- ing vote the ayes and noes called for by Mr. Pipkin : AYES Messrs. Broadhead, Gantt, Hen- derson, How, Isbell, Johnson, Leeper, Mau- pin, Meyer, and Turner 10. NOES Messrs. Allen, Birch, Bogy, Breck- inridge, Bridge, Bush, Douglass, Eitzen, Gravelly, Hall of B., Hall of R., Hendricks, Hitchcock, Holmes, Howell, Irwin, Jackson, Jamison, Linton, Long, Marvin, McCor- mack, McDowell, McFerran, Noell, Orr, Phillips, Pipkin, Pomeroy, Rowland, Smith of L., Smith of St. L., Stewart, Tindall, Welch, Woolfolk, Wright, Vanbuskirk, Zimmerman, and Mr. President 40. The amendment of Mr. MCFERRAN was then agreed to by the following vote the ayes and noes called for by Mr .Welch : AYES Messrs. Allen, Birch, Bogy, Breck- inridge, Broadhead, Bridge, Bush, Douglass, Gantt, Gravelly, Hall of B., Henderson, Hendricks, Hitchcock, Holmes, How, Irwin, Jackson, Jamison, Johnson, Linton, Long, Marvin, McCormack, McDowell, McFerran, Orr, Phillips, Smith of L., Smith of St. L., Stewart, Tindall, Woolfolk, Wright, and Zimmerman 36. NOES Messrs. Hall of R., Howell, Is- bell, Leeper, Maupin, Meyer, Noell, Pip- kin, Pomeroy, Rowland, Turner, Welch, Vanbuskirk, and Mr. President 14. On motion of Mr. BOGY, the Convention adjourned until to-morrow morning at ten o'clock. SIXTH DA.Y WEDNESDAY MORNING, October 16, 1861. The Convention met pursuant to adjourn- ment, and was opened with prayer by the Rev. Mr. PORTER. The Journal of the proceedings of yes- terday was read and approved. Mr. WELCH offered the following resolu- tions : Be it Resolved by the Convention of the State of Missouri, as follows : First. That the certificates of pay of the members and officers of this Convention, signed by the President and attested by the Secretary of said Convention, shall be received by the various collectors of this State in payment of all taxes and dues, due or to become due to the State, and the Auditor and Treasurer of the State shall pass upon and allow the amount so paid by said collectors on said certificates as so much money paid by said collectors. Second. That nothing in the foregoing resolution shall be construed to prevent said certificates from being presented di- rectly to the Auditor and Treasurer of State for allowance and payment, but said certificates shall be audited and paid by said officers upon presentation, out of any money in the treasury not otherwise appro- priated. Third. Said certificates shall be assign- able by the endorsement of the name of the 14 member or officer to whom the same shall be due and payable, and said certificate so endorsed shall entitle the holder to all the rights which the original holder or owner might have under these resolutions, and the same shall be allowed and paid to said holder in all respects as if he were the par- ty to whom the same were originally due. Which were adopted by the following vote, the ayes and noes having been called by Mr. Pipkin : AYES Messrs. Allen, Birch, Bogy, Breck- inridge, Broadhead, Bridge, Bush, Eitzen, Foster, Gantt, Gravelly, Hall of B., Hall of R., Henderson, Hendricks, Holmes, Howell, Irwin, Isbell, Jackson, Jamison, Johnson, Leeper, Linton, Long, Marvin, Maupin, McDowell, McFerran, Meyer, Noell, Orr, Pomeroy, Rowland, Shackelford of St. L., Smith of L., Smith of St. L., Tindall, Tur- ner, Welch, Vanbuskirk, and Zimmerman 42. NOES Messrs. Douglass, Hitchcock, How, McCormack, Phillips, Pipkin, Sayre, Wool- folk, and Mr. President 9. The Convention resumed the considera- tion of the ordinance reported by Mr. MC- FERRAN from the Committee on Civil Offi- cers. Mr. LONG offered the following amend- ment, which was agreed to : " Amend the 3d section by inserting the words ' St. Louis county excepted* after the word 'State/ in the second line." Mr. MCFERRAN offered the following amendment : Amend, by way of new section, as fol- lows : 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 pas- sage of this ordinance, being within forty days of the passage thereof, shall be exempt from arrest or punishment for offences previously committed 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 j 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 un- der their respective 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 immediate- ly, and request him in the name of the peo- ple of Missouri, by proclamation, to ex- empt 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. The amendment was agreed to. Mr. BROADHEAD offered the following amendment to the ordinance : Amend by inserting after the word f ' State," occurring in the first line of the 5th section, the following : " So far as the same are paid out of the State Treasury." Mr. GANTT proposed to amend the amend- ment by adding, as follows : " or made a burden on the county treasuries by State legislation." Which was agreed to by the following vote the ayes and noes called for by Mr. GANTT : AYES Messrs. Allen, Birch, Bogy,Breck- inridge, Bush, Douglass, Foster, Gantt, Hall of B., Hall of R.,Henderson,Hendricks, Holmes, Irwin, Jackson, Linton, Long Mar- vin, McCormack, McDowell, McFerran, Meyer, Morrow, Noell, Pomerov, Rowland, Shackelford of St. L., Smith cf L., Smith of St. L., Stewart, Turner, Woolfolk, Zim- merman, and Mr. President 34. NOES Messrs. Broadhead, Bridge, Eit- zen, Gravelly, Hitchcock, How, Howell, Isbell, Jamison, Leeper, Maupin, Orr, Phillips, Pipkin, Sayre, Tindall, Welch, and Vanbuskirk 18. The amendment of Mr. BROADIIEAD, as thus amended, was then agreed to. Mr. BIRCH offered the following amend- ment : Amend, by adding after the word "sala- ries," in the first and third line of the fifth 15 section, the words "and fees;" which was disagreed to. Mr. MCFERRAN offered the following amendment, which was agreed to : Amend by striking out the words " forty days," wherever they occur in sections six, seven and eight, and insert instead thereof the words " sixty days." Mr. POMEROY offered the following amend- ment, which was agreed to : Amend the third section by adding as follows : " And that the fees of said clerks, respectively, for services herein contem- plated shall in no case exceed the sum of fifty dollars per annum." Mr. WELCH offered the following amend- ment : Strike out sections one, two, three and four, and insert as follows : " First. The Auditor of the State is hereby directed and required not to audit or allow, and the Treasurer of the State is hereby directed and required not to pay, from and after the passage of these resolutions, the salaries allowed by existing laws of this State of the following named officers, except as herein- after provided, to wit : 1. The Board of Public Works. 2. The Superintendent of Common Schools. 3. The State Geologist and Assistant State Geologist. 4. The Officers of the State Lunatic Asy- lum. 5. The Officers of the Deaf and Dumb Asylum. 6. The Judges of the Circuit Court. 7. Circuit Attorneys, except in the coun- ty of St. Louis. 8. Bank Commissioner and Assistant Bank Commissioner. "Second. Beit further Resolved) That the suspension of payment of salaries designa- ted and provided for in the foregoing reso- lution shall continue until the duties of the several officers shall have been fully resu- med, and until payment thereof shall be directed by the Provisional Governor ap- pointed by this Convention, or his succes- sor, duly elected by the qualified voters of this State ; and such payments shall be from the time so designated, and not be- fore. " Third. Be it further Resolved, That the Secretary of the Convention furnish to the Auditor and Treasurer, each, a duly certi- fied copy of these resolutions." On motion of Mr. GANTT, the amendment was laid on the table by the following vote, the ayes and noes being called for by Mr. WELCH : AYES Messrs. Allen, Birch, Breckin- ridge, Broadhead, Bridge, Bush, Douglass, Eitzen, Gantt, Gravelly, Hall of B., Hall of R., Henderson, Holmes, How, Irwin, Isbell, Jackson, Jamison, Johnson, Leeper, Lin- ton, Long, Marvin, McCormack, McDowell, McFerran, Meyer, Noell, Orr, Phillips, Pomeroy, Rowland, Sayre, Shackelford of St. L., Smith of St. L., Stewart, Tindall, Turner, Woolfolk, Vanbuskirk, and Zim- merman 43. NOES Messrs. Foster, Hitchcock, How- ell, Maupin, Morrow, Pipkin, Smith of L., Welch, and Mr. President 9. Mr. HALL of B. moved the previous ques- tion, which was ordered ; the question be- ing, "shall the main question be now put? 5 ' it was decided in the affirmative by the fol- lowing vote, the ayes and noes being called for by Mr. BROADHEAD : AYES Messrs. Allen, Birch, Breckin- ridge, Bridge, Foster, Gantt, Gravelly, Hall of B., Hall of R., Henderson, Hitchcock, Holmes, How, Irwin, Isbell, Jackson, Ja- mison, Johnson, Leeper, Linton, Long, Marvin, McCormack, McFerran, Meyer, No- ell, Rowland, Sayre, Smith of L., Stewart, Tindall, Woolfolk, Vanbuskirk, Zimmer- man, and Mr. President 35. NOES Messrs. Bogy, Broadhead, Bush, Douglass, Eitzen, Howell, McDowell, Orr, Phillips, Pipkin, Pomeroy, Shackelford of St. L., Smith of St. L., and Welch 14. On motion of MCCORMACK, the Conven- tion adjourned until 3 o'clock P. M. EVENING SESSION. The Convention met pursuant to adjourn- ment. The first and second sections of the ordi- nance providing for abolishing certain offi- ces, &c., which .was under consideration, were adopted. 16 The third section was adopted by the following vote, the ayes and noes being called for by Mr. MCFERRAN : AYES Messrs. Allen, Birch, Bogy,Breck- inridge, Bridge, Douglass, Eitzen, Foster, Gantt, Henderson, Holmes, Irwin, Leeper, Linton, Long, McCormack, McFerran, Mey- er, Noell, Orr, Phillips, Pomeroy, Rowland, Smith of St. L., Stewart, Turner, and Zim- mermann 27. NOES Messrs. Broadhead, Bush, Grav- elly, Hall of B., Hall of R., Hendricks, Hitchcock, How, Howell, Jackson, John- son, Marvin, Maupin, McDowell, Pipkin, Sayre, Shackelford of St. L., Smith of L., Tindall, Welch, Woolf oik, Vanbuskirk, and Mr. President 23. The fourth section was adopted. The fifth section was rejected by the fol- lowing vote the ayes and noes called for by Mr. Welch : AYES Messrs. Allen, Birch, Bogy, Breck- inridge, Eitzen, Gantt, Gravelly, Hender- son, Holmes, Isbell, Jackson, Leeper, Lin- ton, Long, Marvin, McCormack, McFerran, Meyer, Morrow, Orr, Smith of St. L., Stew- art, Turner, and Zimmerman 24. NOES Messrs. Broadhead, Bridge, Bush, Douglass, Foster, Hall of B., Hall of R., Hendricks, Hitchcock, How, Howell, Irwin, Jamison, Johnson, Maupin, McDowell, No- ell, Phillips, Pipkin, Pomeroy, Rowland, Sayre, Shackelford of St. L., Smith of L., Tindall, Welch, Woolf oik, Vanbuskirk, and Mr. President 29. The sixth section was then adopted by the following vote the ayes and noes call- ed for by Mr. McFerran : AYES Messrs. Allen, Birch, Bogy, Breck- inridge, Bridge, Douglass, Eitzen, Foster, Gantt, Gravelly, Hall of B., Henderson, Hendricks, Hitchcock, Holmes, How, Irwin, Isbell, Jackson, Jamison, Johnson, Leeper, Linton, Long, McCormack, McDowell, Mc- Ferran, Meyer, Noell, Orr, Phillips, Pome- roy, Shackelford of St. L., Smith of St. L., Stewart, Vanbuskirk, and Zimmerman 37. NOES Messrs. Broadhead, Bush, Hall of R., Howell, Marvin, Maupin, Pipkin, Row- land, Sayre, Smith of Linn, Tindall, Tur- ner, Welch, Woolfolk, and Mr. President 15. The seventh section was then adopted, and also the eighth, by the following vote, the ayes and noes having been called for by Mr. McFerran : AYES Messrs. Allen, Birch, Bogy, Doug- lass, Gravelly, Hall of B., Hall of R., Hen- derson, Hendricks, Howell, Jackson, Jami- son, Long, Linton, McFerran, Morrow, Noell, Orr, Phillips, Pipkin, Pomeroy, Sayre, Shackelford of St. L., Smith of St. L., Welch, Woolfolk, Wright, Vanbuskirk, Zimmerman, and Mr. President 30. NOES Messrs. Breckinridge, Broadhead, Bridge, Bush, Eitzen, Foster, Gantt, Hitch- cock, Holmes, How, Irwin, Isbell, Johnson, Leeper, Marvin, Maupin, McCormack, Mc- Dowell, Meyer, Rowland, Smith of Linn, Stewart, Tindall, and Turner 24. Mr. MCDOWELL moved the reconsidera- tion of the vote rejecting the 5th section of the ordinance. Mr. HALL of B. moved to lay the motion to reconsider on the table, which motion was decided in the negative by the follow- ing vote, the ayes and noes having been called for by McFerran: AYES Messrs. Broadhead, Bridge, Bush, Douglass, Hall of B., Hall of R., Hitchcock, How, Maupin, Morrow, Noell, Phillips, Pomeroy, Rowland, Sayre, Smith of Linn, Tindall, Turner, Vanbuskirk, and Mr. Pres- ident 20. NOES Messrs. Allen, Birch, Bogy, Breck- inridge, Eitzen, Foster, Gantt, Gravelly, Henderson, Hendricks, Holmes, Howell, Irwin, Isbell, Jackson, Jamison, Johnson, Leeper, Linton, Long, Marvin, McCormack, McDowell, McFerran, Meyer, Orr, Shackel- ford of St. L., Smith of St. L., Stewart, Woolfolk, and Zimmerman 31. The motion to reconsider was then deci- ded in the affirmative. The question being on the adoption of. the 5th section, it was decided in the affirm- ative by the following vote, the ayes and noes having been called by Mr. McFerran : AYES Messrs. Allen, Birch, Breckin- ridge, Eitzen, Foster, Gantt, Gravelly, Hen- derson, Hendricks, Holmes, Isbell, Jackson, Johnson, Leeper, Linton, Long, Marvin, McCormack, McDowell, McFerran, Meyer, Morrow, Orr, Pomeroy, Shackelford of St. L., Smith of St. L., Stewart, and Zimmer- mann 28. NOES Messrs. Bogy, Broadhead, Bridge, Bush, Douglass, Hall of B., Hall of R., Hitchcock, How, Hudgens, Irwin, Jamison, Maupin, Noell, Phillips, Rowland, Sayre, Smith of L., Tindall, Turner, Vanbuskirk, and Mr. President 22. Excused from voting Messrs. Howell, Pipkin, and Woolfolk. Mr. HALL of R. gave notice that he would on tomorrow propose to amend the rules of 17 this Convention, so that no member shall speak more than five minutes on any ques- tion during the present session of the Con- vention. On motion of Mr. GANTT, the Convention adjourned until 7 o'clock p. M. NIGHT SESSION. The Convention met pursuant to adjourn- ment. There being no quorum present, Mr. HOW- ELL moved a call of the House, which was ordered, and the absentees noted ; when, on motion of Mr. BIRCH, all further pro- ceedings under the call were dispensed with. The Convention proceeded to the consid- eration of the following ordinance, report- ed to the Convention by Mr. TINDALL, chair- man of the Committee on the Militia, and made the special order for this day at 10 o'clock : AN ORDINANCE TO PROVIDE FOR THE ORGANI- ZATION AND GOVERNMENT OF THE MISSOURI STATE MILITIA. 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 ordi- nance, and when enrolled shall constitute and be known and designated as the "Mis- souri 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 ar- ticles of war, that govern the armies of the United States. ORGANIZATION. Third. The commander-in-chief shall have power to call troops into actual ser- vice by volunteer enlistments, according to such regulations as he may prescribe. Fourth. Troops shall be mustered into service by the inspector general or his as- sistants, in such manner as may be pre- scribed by the commander-in-chief, and 2 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 t nes tly 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 bat- talions, regiments, and brigades, in the manner prescribed in the rules and regula- tions 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-com- missioned 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 se- cond lieutenant, who shall be elected by the members of the company after being mustered into service ; and any vacancy in such offices shall be filled by election in like manner. 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 compa- 18 nies ; the field officers of which shall con- sist of one colonel, one lieutenant colonel 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 inspec- tor general, one quartermaster general, one comissary general, one surgeon gen- eral, one paymaster general all with the rank of colonel of cavalry each of whom shall perform the duties of his office in ac- cordance 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 receiving 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 disbursing officers a bond in such amounts and with such securities as he may deem necessary 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 gener- als, colonels, lieutenant colonels, and ma- jors 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 lieu- tenant 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 ser- vice may require. 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 necessi- ties of the service may require. Nineteenth. Colonels of regiments, when in actual command, shall nominate to the Governor for commission, one adjutant with the rank of captain ; and the commander- 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- geant and color sergeants, who will con- stitute the non-commissioned staff of the regiment, 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 United States. UNIFORM. Twenty-first. The commander-in-chief 19 shall prescribe the uniform to be worn by the Missouri militia. Twenty-second. All officers, when on du- ty, 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- ticed in respect to such supplies, and shall, on conviction thereof, be punished with death or other punishment, at discretion of the court. Twenty-jifth. 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 practiced 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 rerbal 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 here- tofore organized and mustered into the service 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 t may remove any officer now acting in the militia, in accordance with the provisions of the twenty-seventh section 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 incurred 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 may be prescribed to him, allowing such as maybe deemed just, and rejecting those found to be unjust. He shall report his proceeding to the Governor, who, if he ap- prove 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 unneces- ry in any case where the Governor shall have such personal knowledge in regard to any such claims as to justify him in cer- tifying it to the proper officer as hereinbe- fore provided. Thirty-second. So much of the "Act to govern and regulate the volunteer militia of the State," approved, as aforesaid, bj 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- 20 tered, modified or repealed by the General 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. MR. JACKSON asked and obtained leave to change his vote from aye to no, on the adoption of the eighth section of the (l Ordi- nance for abolishing certain offices." On leave of the Convention, Mr. BIRCH introduced the following ordinance, which was adopted : AN ORDINANCE RESPECTING CERTAIN RECORDS AND OTHER PROPERTY OF THE 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 Com- mon Schools, and of the Geologist and As- sistant 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. Mr. WOOLFOLK offered to amend the "Or- dinance for organizing the militia,' 5 &c., as follows : Strike out the words f ' or draft if neces- sary," in the third section; upon which mo- tion, Mr. Stewart called for the ayes and noes. There being no quorum present, On motion of Mr. HALL of B., the Con- vention adjourned until to-morrow morn- ing at 9 o'clock. SEVENTH DA.Y. The Convention met pursuant to adjourn- ment. The Journal of the proceedings of yester- day was read and approved. Mr. HALL of R. offered the following re- solution : Resolved, That no member be permitted to speak more than five minutes on any question before the Convention during the present session. Mr. GANTT moved the previous question, which was ordered ; the question being, " Shall the main question be now put?" it was carried, and the resolution declared adopted by the President ; when, Mr. WELCH called for a division of the vote, and called for the ayes and noes. The resolution was adopted by the following vote : AYES Messrs. Allen, Birch, Bogy, Breck- inridge, Bridge, Bush, Foster, G mtt, Gra- velly, Hall of B., Hall of R., Henderson, THURSDAY MORNING, October 17, 1861. Hitchcock, Holmes. How, Howell, Irwin, Isbell, Jackson, Jamison, Johnson, Leeper, Linton, Long, Marvin, Maupin, McCor- mack, McDowell, McFerran, Meyer, Phil- lips, Pomeroy, Rowland, Shac^elford of St. L., Smith of L., Smith of St. L., Stewart, Tindall, Woolfolk, Vanbuskirk, Zimmerman, and Mr. President 42. NOES Messrs. Douglass, Hendricks, Hudgens, Orr, Pipkin, Sayre, Turner, and Welch 8. The Convention resumed the considera- tion of the amendment, offered by Mr. Woolfolk, to the third section of the " Or- dinance for organizing the militia," &c., which was agreed to by the following vote, the ayes and noes having been called for by Mr. Stewart : AYES Messrs. Allen, Birch, Breckin- ridge, Douglass, Foster, Gravelly, Hall of B., Hall of R., Henderson, Hitchcock, Howell, Hudgens, Irwin, Jackson, Jamison, Long, Marvin, Phillips, Pipkin, Pomeroy, Rowland, Sayre, Shackelford of St. L., 21 Smith of L., Smith of St. L., Stewart, Tin- dall, Welch, Woolfolk, Vanbuskirk, Zim- merman, and Mr. President 32. NOES Messrs. Bogy, Bridge, Bush, Eit- zen, Gantt, Hendrieks, Holmes, How, Isbell, Johnson, Leepcr, Linton, Maupin, McCormack, McDowell, McFerran, Meyer, Orr, and Turner 19. Mr. ORR moved to amend by striking out sections fifteen and sixteen, and insert the following : " Each company, or legal body, when formed and mustered into the service of the State, shall proceed to elect by ballot the officers provided for in this act ; the candidate receiving the highest number of votes shall be commissioned by the Gov- nernor. Mr. SMITH of L. moved to amend the amendment, by adding to the ninth sec- tion, after the word " major," "who shall be elected by the commissioned officers of said companies;" which was disagreed to. The original amendment was likewise disagreed to. Mr. PHILLIPS offered the following amend- ment, which was adopted : Amend the fourth section by inserting, immediately before the word " order ;" oc- curring in the seventh line, the word "law- ful." Mr. WELCH offered the following amend- ment, which was disagreed to : Amend by striking out section two. Mr. TIXDALL offered the following amend- ment, which was agreed to : Amend by adding the following at the end of section five : " 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." Mr. FOSTER offered the following amend- ment, which was disagreed to : Amend by prefacing at the beginning of section nine : " A battalion shall con- sist of not less than two nor more than five companies, and shall be entitled to one major." Mr. TINDALL offered the following amend- ment to section thirty-one, which was agreed to : " 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 proclama- tion of the 24th August last ; and said agent or officer shall adjust such claims as may be presented to him, allowing such as he may deem just and rejecting those found to be unjust. He shall report his proceedings 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 un- necessary in any case where the Governor shall have such personal knowledge in re- spect to any such claims as will justify him in certifying it to the proper officer for payment as hereinbefore provided for." The ordinance, as amended, was then adopted by the following vote the ayes and noes called by Mr. PIPKIN : AYES Messrs. Allen, Birch. Bogy, Breck- inridge, Broadhead, Bridge, Bush, Doug- lass, Eitzen, Foster, Gantt, Gravelly, Hall of B., Hall of R., Henderson, Hendricks, Hitchcock, Holmes, How, Irwin, Isbell, Jackson, Jamison, Johnson, Leeper, Long, Marvin, Maupin, McUormack, McDowell, McFerran, Meyer, Noell, Phillips, Pome- roy, Rowland, Shackelford of St. L., Stew- art, Tindall, Turner, Vanbuskirk, Zim- merman, and Mr. President 43. NOES Messrs. Howell, Hudgens, Orr, Pipkin, Sayre, Smith of L., Welch, and Woolfolk 8. On motion of Mr. MCFERRAN, the title of the ordinance, passed by the Convention, " Providing for abolishing certain offices, reducing salaries, and testing the loyalty of civil officers in this State," was amend- ed, by adding thereto, " and providing an amnesty for certain persons on certain con- ditions." Mr. How, from the Committeo on Ways 22 and Means, made a report, which was re- ceived and agreed to. Mr. BIRCH, from the Committee on Ways and Means, reported an ordinance, enti- tled, " An ordinance providing for the de- fence of the State," which, on motion of Mr. PHILLIPS, was laid on the table, two hundred copies ordered to be printed, and made the special order for to-morrow at ten o'clock. Mr. HENDERSON offered an ordinance on the same subject, which was disposed of in like manner. Mr. WELCH offered the following resolu- tion, which was adopted : Resolved) That an ordinance passed at the present session of this Convention, en- titled " An ordinance providing for chang- ing the time of holding certain elections/ 5 and an ordinance entitled " An ordinance providing for abolishing certain offices, reducing salaries and testing the loyalty of civil officers, and offering amnesty to certain persons on certain conditions," passed at the present session of this Con- vention, be published and paid for in the same manner as the ordinances adopted by this Convention at its session in July last. Mr. MCFERRAN, from the Committee on Civil Officers, made the following report : The Committee on Civil Officers have had under consideration the accompanying or- dinance, and a majority agree to, and re- port the same back to the Convention, and recommend its adoption. McFERRAN, Chairman. AN ORDINANCE CONCERNING THE REPEAL OF THE SECOND SECTION OF AN ACT OF THE GENERAL ASSEMBLY OF THE STATE OF MIS- SOURI, ENTITLED, " AN ACT TO ESTABLISH A UNIFORM SYSTEM OF PUBLISHING NOTICES OF JUDICIAL SALES AND OTHER LEGAL NOTICES IN ST. LOUIS COUNTY, STATE OF MISSOURI." Be it ordained by the People of Missouri in Convention assembled, as follows : The second section of an act of the Gene- ral Assembly of the State of Missouri, ap- proved March 5, 1861, entitled, " An act to establish a uniform system of publishing notices of judicial sales and other legal notices in St. Louis county, State of Mis- souri," is hereby repealed, and declared of no validity whatever. Mr. HALL of B. moved to lay the or- dinance on the table, which motion was decided in the negative by the following vote the ayes and noes called for by Mr. WRIGHT : AYES Messrs. Douglass,Gravelly,Hall of B., Henderson, Hendricks, Howell, Jamison, Johnson, Noell, Phillips, Pipkin, Pomeroy, Rowland, Sayre, Shackelford of St. L., Stewart, Tindall, Welch, Woolf oik, Wright, Vanbuskirk, and Mr. President 22. NOES Messrs. Allen, Birch, Bogy, Breck- inridge, Broadhead, Bridge, Bush, Eitzen, Foster, Gantt, Hitchcock, Holmes, How, Irwin, Isbell, Jackson, Leeper, Linton, Long, Marvin, Maupin, McCormack, Mc- Dowell, McFerran, Meyer, Orr, Smith of St. L., Turner, and Zimmerman 29. On the passage of the ordinance Mr. PIPKIN called for the ayes and noes, and it appearing there was no quorum, on motion of Mr. HALL of B., the Convention ad- journed until to-morrow morning at ten o'clock. 23 EIGHTH DA.Y. The Convention met pursuant to ad- journment, and was opened with prayer by the Rev. Mr. McCLAiN. The Journal of the proceedings of yes- terday was read and approved. The regular order having been passed 1 over temporarily, Mr. WELCH introduced the following resolution, which was adopted : Resolved, That the President appoint a committee of three to contract with George Knapp and Co., for the printing of five thousand copies of the debates and pro- ceedings of the present called session of the State Convention, at rates not exceed- ing those heretofore agreed upon between the Convention and the said George Knapp and "no man under this system of things can, by any possibility, publish a lie and it is a source of consolation to know that there is a univer- sal, supreme, and uncontrolled dominion of truth in this State, so far as the public press is concerned. Through all these sources of in- formation we are told that these secession gen- tlemen will be driven from the State. Well, one would suppose that this would help your election in November for you were not sure that the secessionists would be driven from the State, or that the presses would be compelled to speak the truth when you made your resolves at Jefferson City. But there is something more than this. Let me guess what it is. And while I want to be respectful, like an old justice of the peace in Virginia, when 1 joke, I joke as near the truth as possible. Havn't you found out that the people will not sustain yonr action in November? Havn't you discovered that there is no chance at the polls, and that they will proclaim their voice against you in November ? Don't you fear that ? don't you know it ? Look at this Con- vention where are the ninety-nine members who met here last spring, and the large num- ber that met at Jefferson City ? Now, but little more than half the body are here. What has become of the rest ? Mr. OUR. They have been arrested for trea- son. Mr. WRIGHT. Then why don't the people insist upon sending loyal representatives. I think, however, that the admission of almost every candid man would be that not only the representatives but the constituents are traitors. Only half of the Convention, I have said, is here, and some of the men who are here and I say it with all due respect are refugees from their constituents. Here is this body, dwin- dled in size, called upon to seize hold of the power and wield it in the most rigorous and stringent manner possible. Mr. President and gentlemen, you may think I speak boldly I have no chance to write or publish my views but while I hold a place on this floor, so help me God, I will speak the free thoughts, which I would not surrender for a throne! [Ap- plause in the lobby.] I did not object to ap- plause on the other side, but I trust there will be no such indications while I speak. Vice President WELCH in the chair. The Sergeant-at-Arms will clear the lobby unless order is preserved. I can have no cheering on either side. Mr. WRIGHT. Yes, sir, some of us, as I said, are refugees ; and some may say that I do not represent my own constituents ; but one thing is certain I have never fled from them. If the issue can be raised before my constitu- ents, whether they approve or condemn my course, and the military power will permit me to speak my vindication, I can be sustained by 3,000 majority. But if I attempted to speak my sentiments I should be put in the negro yard or the Arsenal. If they can suppress a press and abolish the types of a paper, the views of which are antagonistic to their own ; if they can take from men the right to read what they choose, and will not permit us to discriminate in our reading as to the right and wrong, but will permit us to read only what the military men may think wholesome, why should they permit me to speak thoughts they 23 do not think wholesome likewise? Now, don't you suppose that I am a secessionist, or that I am upholding Jackson in this war. God for- bid ! Nor don't you suppose that I think Jack- j son can take this State out of the Union, or that the State Legislature or that the Confede- rate Government can. I defy all of them to j do any such thing. Nothing but the will of J the people of the State can bring about such a catastrophe for it would be a catastrophe, f Some gentlemen cannot understand my course, I and say that my patriotism is not worth any- thing. It may be so ; but I want this body to consider whether or not the measures you pro- pose are going to allay the excitement or exas- perate it ; I want you to reflect what will' be the result of your action upon the popular mind of your State. You seem already to have given up all Federal relations although we were originally called specifically to pass upon those relations seem' to have lost sight of them, and are directing au tne energies of your minds, doubtless as you think "wisely as" honestly, for the purpose of remedying the evils in the State. Now, I want you to con- sider whether your measures are calculated to allay the excitement. I think that history has spoken uselessly, indeed, if it does not teach us this lesson, that the life-blood of liberty is in the supremo and uncontrolled dominion of law. That is the lesson written in fire and blood through the histories of all nations. Since the time when history was first recorded, whenever men have thought great thoughts, or have suffered great deaths, in behalf of a common humanity and the rights of men, they have sealed with their blood this everlasting truth, that liberty can exist only under the supreme and uncontrolled dominion of law. Now, let us see what is our condition ; let us sec how we can have so much disloyalty in the State. Is there one man in this house to- day who considers himself a free man ? If there is one, I am glad ; but, so help me God, I do not consider myself a free man, because I am deprived of those rights which I consider so essential to liberty. What did our fathers make the Constitution for except to limit power ? Why did they so carefully put the weights and balances into that instrument ? If they had wanted a despotism to arrest men, they would have had it. The most complex of all governments is a government of liberty, because it must be a government to restrain and place limits upon power. Who is there in this land that can rise up and say, "I am above the Constitution of my country ?" Yet men do so ; for is it not the truth that martial law, in an unproclaimed State and lawyers will understand what I mean by that in a State which no proclamation has ever reached that military power has declared the univer- sal reign of martial law over the whole coun- try ? What is martial law ? Is it not beyond and above the Constitution ? Is it not supra to use an expression of my distinguished col- league, Judge Gamble ? Does not every man know that martial law overrides the Constitu- tion of the country, and places your liberty and my liberty within the discretion of the soldiery ? Are you content to believe the peo- ple will not show disaffection, and will not feel exasperated when it is given out that martial law reigns over one million and a half of peo- ple, and that, too, by the simple fiat of a mili- tary satrap in this valley of the Mississippi ? Is it not his edict, or ukase, that puts us all under the dominion of martial law, so that my liberty and yours depends this day, not upon any constitutional guarantees, but upon the wise and sound discretion of a soldier ? The people of this State can see that condition of things, and hence trouble arises in regard to the military bill of 1859. That bill is an excel- lent bill. I have a right 1o say so, because it received the speedy and unqualified approba- tion of a majority of this body, when it was much more fully represented than now, at Jefferson City. You picked it out and put it forward as the great panacea for our ills. I do not know where the defect lies. It has not been pointed out by the Governor. He says the bill is inefficient ; but I do not know what the specific vice of the bill is. It may be in the bill, and it may be out of the bill it may be because the bill is defective, and it may be be- cause the subjects upon whom the bill is to operate are not harmonic with the purposes for which the army is to be raised. Do you think men are going to rally spontaneously and help to sustain a cause that prevents a man from reading, at his own fireside, what he thinks right in the shape of a paper ? For have we not been accustomed from birth did we not learn it at the hearthstone imbibe it with our mother's milk to the right to speak, read and publish what we chose ? Now, the farmer in the country thinks and reads what he chooses. God Almighty gave him the power to discrimi- nate between the right and the wrong, and the Constitution of the country does not change the nature of man ; but our Government allows 24 a man to think evil and to read bad doctrine, but it supposes he has power enough to dis- criminate between the right and the wrong, and moral courage enough to pursue the right and banish the wrong. And yet I cannot read a paper unless a military officer permits me to do so. It does not hurt him to read it. He can read false doctrines and inhale nothing in- noxious from them; but nobody else can. Will you draft ? I do not know how it will turn out, but I do not think you will get a free people to exhibit much valor on the battle- field, who are dragged there to fight in such a cause. I do not think you can compel men to fight for such a cause ; and I think if it is done, it must be done at the sacrifice of the essential principles of American liberty. Mr. President, I hold it as true as any prin- ciple in mathematics, that the suppression of one paper enslaves all the rest in the country, and at the same time enslaves all the readers, because it denies to them the right of selecting and discriminating what they would read. We have had martial law proclaimed since we sat before, and its promulgation, it was thought by those who established it, would help the election which this Convention pro- posed should be held when we sat last. Mr. President, I trust that some of the principles of the Constitution, although broken down every day, and nowhere more so than in this un- happy State, yet live in the memory of the members of this Convention; and one of those principles is that of the freedom of the press that it shall never be abridged even by Con- gress. Why, Jackson himself, when he estab- lished martial law at New Orleans, and took a man up for publishing something in contra- vention of martial law, had him brought before a .court martial composed of officers of the United States, found that court declaring they had no jurisdiction to try a civilian under the Constitution of the United States. They re fused to try him upon the charges that were made against him except one that was being a spy. They had the right to try him for be- ing a spy ; and he was tried and acquitted ; and that court martial, called by Jackson, de- nied the power of the military to try a civilian for any offence. Every man, unless connected with the land or naval service, is entitled to a trial by a jury of his countrymen, to have a copy of his indictment, and all the securities which are furnished by those bulwarks of free- dom which our ancestors in England battled for two hundred years ago. Who does not know that martial law has been abolished in England ever since the petition in the time of Charles ? And do you suppose you are going to get men to fight by revamping an old mili- tary bill on principles which would make a re- volution in England to-morrow? What do you suppose will be the impression made when the intelligence gets abroad that your arsenal or bastile has been filled with men such men as one of the constituents of my friend from Pike, (Mr. Henderson,) a man well known to you, (and I cite him only as an instance) of men taken and deprived of their liberties by being placed in the military prisons, and there tried for their lives tried before a tribunal that claims the power to pass upon the life of an American citizen ? The Arsenal has been filled with such men some of them undoubted traitors at heart, and a great many utterly in- nocent sent there by the arbitrary power which this military condition of things has en- dangered in the State, and which has great power to do evil. The gentleman from Clin- ton (Mr. Birch) knows of a man having been arrested by the troops of the United States in his own county, who would have been caged in the Arsenal but for his own efforts in his behalf ; and that the arrest of this gentleman depended entirely upon the discretion of the soldiers ; and that so far as they were con- cerned they claimed the power to try him, hang him, or otherwise dispose of him. The constitution of the United States says, unless he belongs to naval or land force, he shall not be tried except by a jury of his countrymen; yet these gentlemen down there at the bastile, assume jurisdiction over your life and my life ! Have we forgotten the Declaration of Indepen- dence 1 how it "thundered against martial law, and established the plain principles of justice which lie at the foundation of liberty in this land have you forgotten how the State Constitu- tion and the Bill of Eights thundered against it ? and yet with the reign of martial law in this State, you think you are going to get soldiers to fight your battles, and that you will eventu- ally get repose. Rest assured you will get nothing of the kind. You will never get re- posed in this State, and I am almost prompte to say there ought not to be repose in this State ; for if there were, it would be the dead silence of despotism ; the smooth surface of society, stagnant as the Dead Sea, and rip- pling with no free human thought. There never will be repose until you give the peo- ple solemn guarantees that you are wedded 25 to liberty. They have loved this Union, and it is almost priceless. There is only one thing more, and that is the liberty intended to be preserved by it. But you must satisfy the people of the State, before they will aeeord any deference to your action in raising soldiers, that you yourselves are free men, and that their rights shall not be trampled upon by any power that overrides the Constitution of the country. "Who knows what martial law is *? Do you, Mr. President, or I ? Sir, how can I conform to a law that has never been published, but is locked up in the discretion of the sol- dier's heart ? We go upon the idea that we must publish our laws ; and we do not make men responsible until the laws are published. "We all denounce every schoolboy, even that Roman tyrant who published his laws in fine letters upon one of the pillars of the temple, so that the ordinary eye could not read them, and then punished men for violating those laws. How do I know what martial law is ? Judges in England, one hundred and fifty years ago, said they did not know what it meant ; and are you willing the people of this State shall believe you are content to aid and encourage a state of things in which we are to be delivered over to a law higher than the State ; and writ- ten upon no statute book in the world, but locked up in the breast of a man who wears a uniform and claims to fight under the stars and stripes ? But how many troops have been raised ? I have heard gentlemen living in North Missouri say that in their section of the country gold and ambition have to be offered (and even the double temptation is disregard- ed) to get men to enlist. They are offered gold United States gold and the paths of military promotion are laid open to them, and even under these circumstances it is hard to drum up a regiment j and yet in that same section of country you will see men start from their homes and take their rifles or shot-guns, each upon his own horse, and go away across the Missouri river. They do not expect ever to have a cent paid to them they do not ask it. What is the reason these men do this ? They are all lovers of liberty. We know that they cannot be particularly at- tached to Governor Jackson ; there is no mag- netism in his character, or magnitude in his mind. He is no military hero or champion of any sort, I know ; and yet men go there to him without the temptation of pay, while you find it difficult to enlist troops for the United States even with the double temptation of gold and military promotion. There must be a cause, and as I read it, it is that wide-spread and almost universal conviction which prevails over this whole land, that the Administration itself is at war with the principles of civil lib- erty. You can account for it in no other way. I deny your power. I will not argue the subject any more ; be- cause I exhausted it as far as I could at our last meeting, but I am furnishing these as con- siderations why you should not attempt to carry out the plans you propose. Among a free people, all measures of a stringent charac- ter are irritant causes, and a free people espe- cially are alive to susceptibility. Their natures are sensitive ; and it ought to be so for if not so, freedom would not be valuable. A free people cannot bear any restriction of their rights, and especially their constitutional rights ; and then add to this, that liberty is with us an inheritance, the richest heirloom that ever descended from sire to son and you see how difficult must be the work of imposing restrictions upon a free people here. I object to all these restrictive measures, not only because they are unconstitutional that is enough, God knows, to condemn them and I say they are not only criminal, but, tak- ing up the ethical philosophy of Walpole, I say they are worse than criminal they are a blun- der. All these restrictive measures test oaths the declaration of martial law the suspension of the habeas corpus the law defy- ing the courts of the country all these meas- ures are measures of weakness and not of strength. You see this in the arrests which have been made upon the ground of necessity. I have shown you heretofore that necessity can never be the origin of power in a free govern- ment, and that if you get the power from ne- cessity, the exercise of that power brings you weakness and not strength. I wish I had the moral weight and influence of a Webster to talk to this Convention about the dangers of the times, the true source of our difficulties, the real origin of our ills, and the irritant causes that must forever keep us agitated until we go to the bottom and pluck the cause out. This usurpation of power came from the Executive power of the Government. We heard one of the sound patriots referred to by the gentleman from Clinton (Mr. Birch), and now let me call the attention of the Con vention to an extract from a speech of Web- ster. Every line of it should be written in gold and stamped upon the heart of every man in 26 America. It is an extract from Webster's speech on Jackson's protest. Let us see what a patriot thought of necessity, and how he frowned down any infringement upon the Con- stitution of his country, however small, and that, too, at a time when there was no war, no distracted land, torn in pieces nothing but mere abstract things included in State papers. Let us see what he deemed it necessary for the patriot to do even when there was scarcely a ripple upon the surface of the Republic when nobody thought of dissolving the Republic : " The first object of a free people is the pre- servation of their liberty ; and liberty is only to be maintained by constitutional restraints and just divisions of political power. Noth- ing is more deceptive or more dangerous than the pretense of a desire to simplify govern- ment. The simplest governments are despot- isms ; the' next simplest limited monarchies ; but all republics, all governments of law must impose numerous restraints and limita- tions of authority. They must be subject to rule and regulation. This is the very essence of free political institutions. The spirit of lib- erty is, indeed, a bold and fearless spirit ; but it is also a sharp-sighted spirit. It is a cau- tious, sagacious, far-seeing intelligence. It is jealoiis of encroachment, jealous of power, jealous of man. It demands checks; it seeks for guards ; it insists on securities ; it intrench- es itself behind defenses, and fortifies with all possible care against the assaults of ambition and passion. It does not trust the amiable weaknesses of human nature ; and, therefore, will not permit power to overstep its prescribed lim- its, though benevolence, good intent, and patriotic intent come along with it. It seeks for duration and permanence. It looks back and before ; and, building on the experience of ages which are past, it labors diligently for the benefit of ages that are to come. This is the nature of constitutional liberty ; THIS is OUR LIBERTY. A separation of departments, and the preserva- tion of the lines of division between them, is the fundamental idea in the creation of all our Constitutions ; and doubtless, the continuance of regulated liberty depends on the maintenance of these boundaries. "There is a strong disposition running through the whole protest to represent the Ex- ecutive as the peculiar protector of public lib- erty the chief security on which the people are to rely against the encroachments of other branches of the Government. To this end the protest spreads and dwells upon the President's official oath. Would the writer of the protest argue that (he oath itself is any grant of pow- er ; or that because the President is to pre- serve, protect and defend the Constitution, he is, therefore, to use what means he pleases, or any means for such preservation, protection and defense, except those which the Constitu- tion and laws have specially given him ? Such an argument would be preposterous ; but if the oath be not cited for this preposterous purpose, with what design is it thus displayed unless it be to support the idea that the maintenance of the Constitution and the preservation of the public liberties are especially confided to the safe discretion, the true moderation, the pater- nal guardianship of the Executive power ? " The proposition is that the duty of defend- ing the Constitution against the representatives of the States and the representatives of the people results to him from the nature of his office, and that the founders of our Republic have given to this duty peculiar solemnity and force. " Mr. President, the contest for ages has been to rescue liberty from the grasp of Executive power. Whoever has engaged in her sacred cause, from the days of the downfall of those great aristocracies which stood between king and people to the time of our own independence, has struggled for the accomplishment of that single object. On the long list of the cham- pions of human freedom there is not one name dimmed by the reproach of advocating the ex- tension of Executive authority. On the con- trary, the uniform and steady purpose of all such champions has been to limit and restrain it. To this end all that could be gained from the imprudence, snatched from the weakness, or wrung from the necessities of crowned heads, has been carefully gathered up, secured, and hoarded as the rich treasures, the very jewels of liberty. To this end popular and representative right has kept up its warfare against prerogative with various success ; sometimes writing the history of a whole age with blood sometimes witnessing the martyr- dom of Sydneys and Russells often baffled and repulsed, but still gaining, on the whole, and holding what it gained with a grasp that nothing but its own extinction could compel it to relinquish. " Through all this history of the contest for liberty, Executive power has been regarded as a lion that must be caged. So far from being the object of enlightened popular trust so far from being considered the natural protection 27 of popular rights it has been dreaded as the great object of danger. " Who is he so ignorant of the history of liberty at home and abroad who is he from whose bosom all infusion of American spirit has been so entirely evaporated as to put into the mouth of the President the doctrine that the defence of liberty naturally results to Ex- ecutive power, and is its peculiar duty ? Who is he that is generous and confiding towards power where it is most dangerous, and jealous only of those who can restrain it ? Who is he that, reversing the order of State and upheav- ing the base, would poise the pyramid of the political system upon its apex ? Who is he that declares to us, through the President's lips, that the security for freedom rests in Ex- ecutive authority '? Who is he that belies the blood and libels the fame of his ancestry by declaring that they, with solemnity of form and force of manner, have invoked the Execu- tive power to come to the protection of liber- ty ? Who is he that thus charges them with the insanity or recklessness of thus putting the lamb beneath the lion's paw ? No, sir no sir. Oar security is in our watchfulness of Exec- utive power. It was the constitution of this de- partment which was infinitely the most diffi- cult part in t'.ie great work of creating our Government. To give the Executive such power as should make it useful, and yet not dangerous efficient, independent, strong, and yet prevent it from sweeping away everything by its military and civil power, by the influ- ence of patronage and favor this, indeed, was difficult. They who had the work to do saw this difficulty, and we see it. If we would maintain our system, we shall act wisely by preserving every restraint, every guard the Constitution has provided. When we and those who come after have done all that we can do, and all that they can do, it will be well for us and for them if the Executive, by the power of patronage and party, shall not prove an overmatch for all other branches of the Government. " I will not acquiesce in the i eversal of all just ideas of government. I will not degrade the character of popular representation. I will not blindly confide where all experience admonishes to be jealous. I will not trust Ex- ecutive power, vested in a single magistrate, to keep the vigils of liberty. "Encroachment must be resisted at every step. Whether the consequences be prejudi- cial or not, if there be an illegal exercise of power it must be resisted in the proper man- ner. We are not to wait till great mischief come till the Government is overthrown, or liberty itself put in extreme jeopardy. "We should not be worthy sons of our fathers were we so to regard questions affect- ing freedom. They accomplished the Revolu- tion on a strict question of principle. They took up arms against the preamble of an act. They saw in the claim of the British Parlia- ment a seminal principle of mischief, the germ of unjust power, which they struck at till they destroyed it. On this question of principle, while actual suffering was yet afar off, they raised their flag against a power to which Rome in her glory is not to be compared a power which has dotted the surface of the whole earth with her military posts whose morning-drum beat, following the sun and keeping company with the hours, circles the earth daily with one continuous, unbroken strain of the martial airs of England." 4 " Encroachments must be resisted at every step." " Oh, no !" say the patriots of the present time. "When the fathers said so, they were mistaken." "Eternal vigilance is the price of liberty," echoed the " grand mas- ters of the Revolution ;'' but the patriots of the hour cry " supineness" instead. " A tem- porary supineness is just now upon the Con* stitution, but by-and-by we will set it up all right!" Setting up the Constitution will be like setting up a broken reputation ; it is like some other things when once degraded, lost forever. When the people of America accus- tom themselves to look upon a violated and broken Constitution, especially when broken and violated from the most dangerous source of the Government, the Executive, all liberty is gone. I do not consider myself a freeman to-day I do not know but that this very speech will be considered treason. Speaking in the spirit of the words of one of the great- est patriots that ever lived, I should not deem, it at all surprising if it were esteemed prudent that I should occupy a limited territory of about ten acres of ground enclosed in the lower part of this city. Let it be so. But while I do live, I will uphold those principles without which a government is worthless. Gentlemen say the Government does not hurt me. I say it does. I want to read, and I want to go be- fore my people and make speeches ; yet only a certain few are permitted to speak a certain few can speak. The distinguished Ex-Gover- nor of the State can speak freely to our Irish 28 fellow-citizens. I was amused one day at the novelty of a meeting at Biddle Market, where distinguished civilians poured forth their streams of eloquence into the Irish heart ; yet they were not impressed, and it was not at all strange. They do not like the idea of crush- ing out liberty ; and hence you can not raise an Irish regiment. And another reason is, because they think you have not spoken out freely against the usurpation of power in this land. A gentleman told me that Government did not hurt me, and that keeping me from reading what I chose was for my benefit. I replied that there is no servile serf who bends his knees before the Autocrat of Russia no slave at the throne of the infamous Boniba of Naples no one to be found in the purlieus of the great despotic seats of power in Europe who can not say the same thing. A despotism never hurts favorites. A despotic government is the simplest and best, provided the despot be wise, and good, and great ; but there is a little uncertainty about getting a good despot and because we were not sure of getting a good one, our fathers said we should have none at all. I see the blood of my distinguished friend from Clinton is up, and that he will fight when it is necessary. I might fight when it comes to revolution ; but until I get in a fighting mood, I shall practice the system of protest- ing, and I shall get as many to protest as pos- sible, especially of the members of this Con- vention. You talk about your power, hut is not the satrap above you to-day? Suppose you try to pass a secession ordinance don't you think you would go into the Arsenal? Suppose you indulge in criticism upon the "powers that be" don't you think it would involve you in some peril? Why, according to the idea of the pres- ent time, Madison ought to have suppressed every paper in his time and there was hardly one that did not denounce him in New Eng- land : he ought to have caged every editor and sent him to the bastile, and kept him there till the war was over. But Madison was not only a patriot, but a great deal more. He helped to make the Constitution of the coun- try ; he knew how it was made every timber, beam and foundation-stone about it; and he knew that when he gave men the right to speak they might speak foolishly and wickedly ; that so soon as he gave them the power to read and write, they might abuse it. But never mind; as a man could not exist as a free agent with- out the privilege of going to hell if he chose, so a man could not have a free press unless he had the right to publish foolishly. But in these times, we have a power to discriminate what we shall read; and if we offend that power, we are liable to be tried by court mar- tial. Martial law makes a Dictator. Are you willing to live under a Dictator? If you are, I am not. Go back to the Revolution, and who was the man in the old House of Burges- ses, when some man, moved by the disastrous condition of the country, (orn asunder by To- ries and Whigs, and who wanted the power on the side of the Whigs, proposed that Patrick Henry should be made Dictator ? Was it not Corbin, who was a warm personal friend of Henry, who squelched that matter instantly by a rebuke, when he said, "Whenever you put a Dictator's crown on the brow of my friend Henry, I will plant a republican dagger in his heart. 3 ' Now, we must have a Dictator, and be just as still as mice when cats are about, fearing one of those feline paws will be laid upon us with a claw in the end of it. Is that the spirit of American freedom? I say, with Walpole, "this is worse than criminal it is a blunder ! J> All such things chafe and gall the American heart, and you can awaken no enthusiasm in the human breast to fight under such circum- stances ; and I do not think they ought to fight at all, except for liberty. If the Union gives liberty fight for that, or die for it. If the Union will not give it, fight for liberty any- how. But the Union should not be confound- ed with liberty itself. I regard the Union with veneration, because I consider it an instrument of liberty. I mean to say that the Union with- out the principles which give it life, instead of being a blessing to freemen, would only drive us, by inevitable destiny, into a military des- potism. Now, a few words in reference to the distin- guished delegate's allusion to Clay of Ken- tucky. I remember well the occasion upon which he uttered the words of that extract ; but the gentleman from Clinton did not furnish the conditions under which he spoke on that oecasion. The war with Mexico left us with a military occupation on the Rio Grande, and during the occupation of that Territory the Governor of Texas indicated that he would take possession of the country occupied by the troops, because he claimed it was in (he boun- dary of the State of Texas. The Representa- tives of Texas on the floor of the Senate utter- 29 ed similar views, and it was a case in which the Government of the United States was right and the State wrong; and when gentlemen mouthed it and blustered, and declared it was an unlawful exercise of power, and the State would redress itself, Clay said he was for try- ing the strength of the Government. He was right. But does not the distinguished gentle- man from Clinton do the immortal Clay injus- tice if he means to impute to that noble spirit any disposition, at any period of his life, to wink at the encroachments upon the Constitu- tion of the country ? A* this point Mr. Wright gave way to a mo- tion to adjourn to 3 o'clock p. M. AFTERNOON SESSION. Met at 3 p. M. Mr. MEYER offered a bill repealing the act passed by the last General Assembly which establishes a uniform mode of publishing sales under execution. Referred to the Committee on Civil Officers. Mr. WRIGHT. At the hour of adjournment I was about to speak of my concurrence in the second proposition contained in the resolutions offered by the gentleman from Clinton that was the abrogation of all useless offices. The third proposition, if we have the power, is for the reduction of all official salaries. By reason of the present condition of the country, I think the officers ought to curtail their own emoluments. It would be an evidence of pa- triotism for them to do so. I fear, however, that if you reduce their salaries, you will have, after the war is over, a great demand for gen- tlemen of my profession to settle the question as to whether you had the power. The fourth proposition is in reference to the collection of debts and taxes. Waiving the question of power, it strikes me that would be a good thing. I believe it is the unanimous view of the gentlemen who fill our benches that there can no longer be any collection of debts. The fifth proposition is that the sword of the State shall be strengthened by the credit of the State. That proposition is very rhetorical and perspicuously stated. The ways and means to accomplish this are such as I think would baf- fle the ablest financier in America. I have a few suggestions to make on that subject. If I understand the proclamation of our present Provisional Governor, the design is to raise a State army in contradistinction to the Federal army. I suggest to the members of this Con- vention the propriety of pausing before they proceed to organize a State force. Looking at the subject financially, where are the means and what are the resources by which Missouri can maintain that double taxation which will arise from her paying her proportion of the expenses of the war conducted by the General Government, and added to which must be all that accumulation of debt arising from the pay- ment of the State forces. Where is the power that can perform that double duty? Are any of your constituents in a condition to be over- loaded with additional accumulation of debt for the purpose indicated? This State already has a bonded debt of near $30,000,000 and how does the credit of the State stand in the markets of the world? And now with what propriety can you go before your constituents with an accumulation of debt for the purpose of raising a State army ? The only thing about it is, you will never raise a State army, be- cause the men raised will go into the United States army. I think you may well pause be- fore you take steps in this direction. Another proposition is that the loyalty of all officers shall be secured by means of an un- questionable guarantee. The distinguished gentleman from Clinton supposes I would have genius enough to forge, out of the resour- ces of my mind, an oath that would touch each latent secession principle lying in the heart of any officer. I disclaim any such gift ; and enter my protest against all test oaths that are not in accordance with the Constitution of the United States. They are odious, as adminis- tered to every man in this State, under the Con- stitution of our State. No man should be sworn to support the " Administration," nor should he be sworn to support the leaving secessionism to its sway, and those who resist it to its fury ! It is in this manner that the delegate would let secessionism " alone " (all it has ever asked for) and let it work out its lawless purposes, to the ruin of "all our material interests," and (I read, on yesterday) unless we will cravenly permit the restoration of a Government and a Governor which even the delegate himself es- says in no respect to defend. To my mind, Mr. President, the radical difference between my distinguished friend and myself, in this re- gard, is but the difference between a man who, with all its errors of administration, is still a friend to the Government and the Union, and a man who is the real enemy of both. [Great applause.] So far from doing "nothing" in a crisis like the present, I would do everything that promised even a hope of restoring the qui- et of the State or the better security of its loyal and law-abiding citizens. It is hence that I propose to improve the condition of our Trea- sury, by lopping off such officers as are com- paratively useless, and reducing the compen- sation to all others. It is thereby that I would improve its credit, and pledge it, in conjunction with that of the Federal Government, where- with to feed and clothe and pay the brave and loyal men who have flocked, and are yet flock- ing, to its standard ; and I would not stop in such a cause, and for such a purpose, until (if necessary) I had placed an American musket in the hands of every American citizen who was able and willing to use it for the defense of the Government and the laws to which he was born. [Applause.] I would not stop to inquire whether under the audacious rebellion which was primarily inaugurated in the impe- rious ambition of disappointed politicians, the bonds of my own State had gone down, as other State securities have done; but I would issue more, if necessary, even though reaching a still lower depreciation, (leaving the General Gov- ernment, of course, to its duty of providing for 34 them in the end,) and with the pledge of these, I would collect the "ways and means" to pre- serve the Government of my own State and re- store that of the United States. Instead, there- fore, of doing nothing, I am prepared to do much and to suffer much, if need be in or- der to preserve at once the fabric of our civili- zation, and of all our hopes of prosperity and of peace. [Repeated applause.] Mr. President, between gentlemen of the age and experience of the delegate and myself there ought to be no such disagreement of opinion as there seems to be upon the same presentation of facts and perhaps there is not. I will therefore venture to submit to my friend the inquiry, and to solicit from him a candid reply to a simple question : Does he believe that in the present and prospective condition of the country, it is possible to have anything like a fall and fair election on the first Mon- day in next month ? I pause for a reply. Mr. WRIGHT* I do not exactly relish this appeal to my candor, inasmuch as it may be intended to involve the inference that I have been uncandid in something else I have said to-day. I will, however, answer the gentle- man, that in referring to the condition of things which existed at the time this ordinance of election was passed at Jefferson, (about the last of July,) and the condition of things at present, I think the prospect for a fair election is as good now as it was then. Mr. BIRCH. I regret that my friend has felt himself unable or disinclined to answer so simple and direct a question. It may or it may not be that the gentleman is correct in his opinion, that the circumstances no more disfavor the hope of a fair and full election now than they did at the time of the passage of our ordinance j but that is not the question. There were many who then believed my friend, perhaps, amongst the number that we could not hope (as others and myself did) for such an expression of the popular judgment in November as would alone carry with it the wonted moral or popular authority ; and these were right in their apprehensions, whilst my- self and others were mistaken in our hopes. How is it now, however? Poll this Conven- tion, now consisting, I believe, of between fifty and sixty members, and I will yield this whole question if there be five of the entire number who will answer, upon his faith and his honor, that he believes it possible that we can have either a peaceable, a fair, or a full election, at the time designated in the ordinance which I propose to repeal. I believe I might safely agree to yield a proposition even of such ac- knowledged importance, if there could be found even one member of this body (whether present or absent) who would give it as his candid opinion that such an election could be holaen within the next three weks. How, then, stands our duty? Shall other gentlemen and myself stand here upon a punc- tillio of what shallow knaves will call " con- sistency," and refuse to undo what it is now apparent we were mistaken in doing at our re- cent session at the Capitol? To such u con- sistency," Mr. President, I lay no claim. If I wrong a man in private or in social life, it is my duty to retract, and thus redress the wrong. And so of men in public station, the most des- picable and least to be honored is he who, hav- ing been clearly mistaken, either in his hopes or his fears, (as a majority of us were in the hope that secessionism would lay down its arms and permit us to decide our differences by a full and fair election) the man of all others who is least to be honored under circumstan- ces of that character, is he who will not forego his policy and correspondingly change his vote. It is not } therefore, to " take from the people the power to elect their own officers," but to secure to them the power to do so, that we simply postpone the election until such time as the circumstances of the future may be more propitious to a calm, dispassionate and full ex- pression of their judgment and their will to a period, if you please, Mr. President, when the forty thousand secessionists now embodied in arms may vote as well as we can, and we can vote as well as they can. What says my friend to that ? Mr. WRIGHT. You say there are 40,000. I suppose there are 50,000 quasi secessionists in arms. I do not suppose you have more than 20,000 in arms; and there will be, of course, a greater chance for the non-combatants for the Union than for the secessionists. North Mis- souri has been cleared of these marauding bands ; and I think the circumstances are more favorable for an election now than they will be in the future. Mr. BIRCH. If the southern half of the State was in no worse condition than my own sec- tion, (my more immediate home section, I mean,) I might not feel myself authorized to postpone an election which comprises the whole State. However regretting the exasper- ations and the extremes of many in my own county, it is perhaps but proper to say, I be- 35 lieve a comparatively quiet election could be held there, in spite of the military proclama- tion of Col. Hughes. Like the prophets of old, he is less so in his own country than he is al- most anywhere else ; and I believe the better element of secession there would concur with all the Union element in favor of a full and free and fair election. (En passant, Mr. President, it was not my neighbors or my countrymen, alienated as many of them have become to- wards me in consequence of our political disa- greement it was not the men of Clinton, as some suppose, but armed soldiers, with their captain at their head, from a neighboring county, who seized and carried off the un- armed representative of my county, and was only prevented from seizing my son and myself, because they were resisted by arms.) If, therefore, other sections of the State were even as comparatively quiet and right- minded as the district from which I have the honor to still respond as a Union delegate, whether for weal or for woe the election might still go on. I cast my eye over our hall, how- ever, and see there alone the evidences that this election should not now deforced upon the people who are here represented for with un- broken voice they assure us the election cannot be free, cannot be full, cannot be fair. Let those who desire any other election than that, vote against my resolution ; and let the sober sense of the country decide between us. In addition to these considerations, Mr. Pres- ident, the gentleman to whom I yielded the floor with so much pleasure, and who correct- ed my assumed statistics with an accuracy to which I can lay no pretension, has furnished and suggested an additional or augmented rea- son for postponing the election. He supposes there are fifty thousand armed secessionists in the State ; and that the Union men, with only 20,000, would have an advantage in the election of 30,000. If that be so, Mr. Presi- dent, every delegate upon this floor is sworn to vote for the postponement, unless he be ready to at least connive at the disfranchisement of so large an army of voters. I shall not do so, whether upon the flippant plea of false " con- sistency," or upon any other false pretense realizing, as I do, the great American truth that whilst a full and fair election is more than all things else the palladium of American liberty, a restricted and a foul election is the " sum of all villainies." I will not leave such a weapon in the hands of an adversary ; for as sure as they are secessionists would they use it to impair the great moral effect which alone renders an election desirable at all. " But," says the censorious delegate, "your own action, at the last session, has been the cause of all this." Mr. WRIGHT. I did not say the cause of all our troubles; but that it had contributed to complicate them, and bring them to what they are. Mr. BIRCH. I stand corrected, Mr. Presi- dent, and will for a moment devote myself to that accusation, involving simply a disagree- ment of opinion between the gentleman and my- self. What was our action, and what the neces- sity for it? We found the capital in the posses- sion of the soldiery of the Federal Government. The Governor of the State and the Lieut. Gov- ernor had fled from it under circumstances which rendered it impossible to return except as military conquerors, with force sufficient to resist the Government of the United States in the execution of the writs of its Court and they have not yet returned, and probably never will. The people of the State at least the peaceful and law-abiding portion of them were in the daily need of a Governor to dis- charge the everyday duties of the Executive ; and what did we do to give even color to the imputation that our action has been, in any le- gitimate sense, the cause of our present compli- cations ? Sir, our action should have aggra- vated no such complication, but the exact re- verse ; nor would it have done so had those who rendered it necessary but signified their willingness to meet us and to vote it out, in- stead of a purpose again the exact reverse namely, to disdain and spurn our reference to the people, and continue to "fight it out." From that has culminated our present extreme divergence j and from that results the necessi- ty of arming against those, and those only, who have spurned the ordeal of the ballot, which must be postponed accordingly. Gen- tlemen may tax their ingenuity, or their soph- istry, or their subtlety, to the utmost, and yet it is all replied to or turned aside by that ! So, too, of all that the gentleman has said, and so well said, of the sacredness of the habeas corpus and the despotism of martial law. I recur him to the cause, or ("if he prefers it) the excuse for all that he has complained of in the conduct of the present National Executive and the " Military satraps" as he denominates those to whom he has made such frequent al- lusion. Whence the cause whence the alleg- ed necessity for all that he complains of? I am 36 not here to justify it, for, in the very nature of things, I can not be supposed to be in posses- sion of all the facts upon which either the Ad- ministration or its officers in this department (or elsewhere) have proceeded to adopt the extreme measures that are complained of. But this I know and this, too, the gentleman knows that if there had been no such auda- cious rebellion as he and I concurred in de- nouncing from this floor, in March last, there would have been no necessity (whether real or supposed) for the extraordinary measures which have been resorted to in order to put it down. In the adoption of these measures, the Administration and its agents may not, by any means, have chosen the wisest course but will any intelligent and sincere friend of the Union for that cause a mere error of adminis- tration ally himself to the enemies of the Union, and attempt therefor to break it up ? No, Mr. President : the man who causelessly, or without sufficient cause, aims a dagger at your heart or mine as my friend and myself have concurred that secessionism aimed it at the heart of the Union that man is not to be afterwards pitied and coalesced with, if in re- sisting him we are driven to the necessity of either strangling or subduing him, even with- out punctillious reference to " the code of hon- or." And so of those who have aimed at the life of the Union, by which of course is under- stood the renunciation of the Constitution and the subversion of its government does it lie in the mouths of either these men or their sym- pathisers to complain of imputed infractions of certain clauses of the Constitution, when deem- ed necessary to preserve the whole of it from overthrow ? Sir, to ask such a question is to answer it, at least to the common sense of the country, and it is to that tribunal I would car- ry my appeal. I retract nothing that I have previously said upon this common sense view of the proposition. On the contrary, I re-af- firm the opinion expressed in debate with one of my colleagues at our last session, and in the same sense I am ready to join hands with my friend from St. Louis that " if he only means to say that since this war was inaugurated by the reduction of Fort Sumpter, and the menace of our capital by the war minister of the Con- federate States, the Administration at Wash- ington seems to have supposed itself reduced to the necessity of making a record which is unsurpassed in usurpation and in the assump- tion of unacknowledged power" if this be all the delegate means, we will continue friends as we ever have been. But as I further repli- ed to the estinjable and distinguished colleague alluded to, (Judge Dunn, whom I regret is no longer with us,) so I yet further reply to my friend from St. Louis, (Mr. Wright,) that "if he means or intends that because the Admin- istration may in this respect have violated the Constitution even beyond a reasonable excuse in the extremities to which it was driven, we should therefore abandon our old and common ground, and ally ourselves with those who owe all the status they have to a previous and comparatively causeless renunciation of the whole Constitution, and a war upon the Govern- ment of which it is the symbol and the bond if my friend means that, his own regrets can not be more sincere than mine will be, if hence- forth our pathway shall lead in opposite, though never in unfriendly directions. " I may as well reiterate from the same speech that " I have no heart for the task, and think it inappropriate to our duties here, to attempt a comparison between the usurpations, the rob- beritS and the terrorise, of the seceding and the Confederate States on the one hand, and the like usurpations and other malpractices of my own Government on the other hand. But this I may say, in dismissing this topic of re- mark, that I shall not probably be carried away from my own Government, however severely my judgment may reprehend the errors of its ad- ministration, so long as the alternative is limited to an alliance with a party who has violently and causelessly (or without sufficient cause, as myself and my friend agree, usurped a govern- ment in violation of their allegiance to their former government ; and who will stand before God and posterity as mainly responsible for all the consequences which have ensued, or which may ensue, from any efforts which may be deemed necessary to repress and put down rebellion." This is my answer to all that I have heard of the misconduct of the Adminis- tration or its army, whether in the misjudg- ment of those who direct, or the misconduct of those who carry out its line of policy. I knew before the war was inaugurated that its prosecution would devolve (in part at least) upon those whom it has been devolved ; and that in northern regiments there must needs be elements uncongenial with the institutions of Missouri, and hence to be avoided if we could. In the interests of peace I long sought to avoid the necessity of their presence amongst us, but secessionism worked and willed it other- wise they had at last to come, and for one, / 37 thank them for coming here. What boots it to us, sir, that in perhaps every regiment that is sent amongst us there are men who have been falsely educated to believe they have the right to " steal a negro," and that they may essay to steal yours, sir, should they come into An- drew, as they attempted to steal my neighbors' and my own when encamping but a night in Clinton ? We will punish the scoundrels if we can detect and arrest them ; but we can blame neither the Administration, which is compelled to employ them, nor the officers, who seem to do all they can to overlook and restrain them. We can do nothing more, in short, than to hold SECESSIONISM responsible for all our annoyances and all our losses ! But for that, Missouri would to-day have peace, prosperity and happiness ; and but for that, the necessity would not exist for even a Federal garrison in the whole broad State. Having been necessarily absent at the open- ing of the session this afternoon, and thus de- prived the pleasure of listening to a portion of the remarks of the learned delegate from St. Louis, I desire only to say that it will have been in no spirit of discourtesy should I fail to reply to his whole speech as it deserves to be replied to. The next point which I noted this morning may be disposed of by reiterat- ing what was premonished of our authority by all the distinguished secessionists of the Le- gislature whilst the bill for our organization was under their discussion. They conceded that we would be a supra-constitutional body ; and to-day, Mr. President, we are every thing for the weal or the woe of the State, or we are nothing. It is in no spirit of unkindness, there- fore, that I decline to make any further reply to the most astute criticisms of my friend in re- spect to our power under the Constitution. I hope we shall not unnecessarily or injudicious- ly transcend it ; but if, perchance, we should, it will not lie in the mouths of those who in- vested us with the authority to do so, and who created the necessity for doing so, to complain of the necessary results of their own action. I thank the gentleman for refreshing my re- collection in respect to the circumstances and the occasion on which Mr. Clay delivered the immortal speech from which I quoted on yes- terday, inasmuch as it thereby appears, from his own ingenuous showing, that the use to which I have appropriated it was most apposite indeed. Nor am I less thankful to him for reminding me, that, in another great speech of the illustrious Kentuckian, he discriminated between the just and the unjust interposition of a State in opposition to the Government of all the States. I, too, have marked our records during every session of this Convention, as I did again on yesterday, with concurring evi- dences of like discrimination. As to " test oaths" and other epithets by which the delegate may seek to prejudge and to prejudice our action in regard to my last proposition, if I had the means to procure from the archives at Richmond, the oath of loyalty to the Confederate Government, * I would not trouble him to assist me in drawing up a simi- lar oath for all the officers under our own Gov- ernment. Talk of "oaths," or of "confisca- tions," or of " exile !" Go, my friend, amongst the Confederates, if you desire to be fervidly eloquent upon such topics. We simply pro- pose that our public officers shall subscribe a declaration under oath, that in the present con- test between the United States and the Confed- erate States, they will stick to tfieir own side the side of their own Government, and not give " aid and comfort" to its enemies ; and that any one who does not take that judicial view of his duties shall be relieved of those duties. Does my friend admit the authority of the Supreme Court as to the construction of the Constitution of the United States upon questions of national loyalty 7 ? He courteously nods assent, and that is all I ask. I would go no further in the oath to be prescribed by this Convention than to bring to the understanding and the eye of all from whom we may require it, what the highest court in the land has de- cided to be the meaning of the oath to support the Constitution of the United States ; and if he shall find himself unable to take such an oath, surely he could not think it hard to lay down his employment under that Constitution. If this be neglected in times like the present, what is to prevent every public officer from con- struing his constitutional obligations for himself, * In default of this the following copy of the oath ad- ministered to such of the captive officers at Lexington as would consent to take it, may throw a little light on the subject ; and will be particularly refreshing to those who yet innocently believe that our late President and his command are still loyal to the " Government of the United States:" The undersigned 1st Lieutenant, a prisoner of W ar, at , pledges his sacred word of honor that he will not again during the present war, take up arms against either the State of Missouri or the Confederate States of America ; and that he will not give aid or com- fort, in any way whatever, to the Government of the United States, 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, Mo., September 25, 1861. 38 as my friend does ? I forbear further remarks on this head, however, because I am already satisfied (since my speech on yesterday) that what is regarded as even a less doubtful guar- anty of loyalty on the part of those in office will probably be required by a majority of this body. The delegate from St. Louis did no more than I felt satisfied he must do, from his con- ceded character for intelligence and integrity, in declining to take up the gauntlet for the judge and the preachers in my county, who in May last, (as I showed on yesterday,) misled so many of the young and the uninformed to believe that Mr. Lincoln was in favor of " ne- gro equality." And whilst the subsequent conduct of some of the friends and officers of the Administration may be liable to the crit- icisms which have been dealt to them upon that and other points of controversy, it is most confidently repeated that it was such early and persistent calumnies against the Administration that contributed most to mislead the thousands who flocked " across the river" to the ranks of Jackson, as the representative of "Dixie," which 1 understand to be the exact antipode of "negro equality." In that sense, I need scarcely repeat that I, too, will " live and die in Dixie." I disagree with my friend, howev- er, who after rather grudgingly absolving the Administration from entertaining the purpose of " negro emancipation," avers that " there are multitudes of men, who have a controlling power over the administration, who are for it." I need scarcely say, Mr. President, that I am in no other sense the advocate or even the apologist of an administration with no member of which have I ever exchanged either a line or a word, than in the subdued and cautious sense of rendering it reluctant justice, where honor and duty requires it at my hand. It is in that sense that I arraign the error of my friend, and point to the Presidential order for the modification of Fremont's proclamation, as evidence that the emancipation wing of the Republican party have not "a controlling power over the Administration." Proslavery man as I am, however, both from association and from interest, I agree with my friend that he and I, and all of us, were born to the inheritance of yet other rights more sacred than the right of property in the slave. He cites again the " habeas cor- pus," to which I will add the trial by jury, the right to vote, and, as more sacred than all be- side, the rights of conscience, (religious freedom.) Show me that either of these are even in peril, and my friend shall approve himself the friend of real liberty beyond what I do, it will not be because I do not adore it with all my nature and all my heart. There never was a man, however, who wore a high commission amid the perils of an army, who had not the great martial right to place his district under martial law placing his justification, of course, upon the necessity which confronted him, to be judged of by his superiors, who in their turn have to be judged of by the country. Jeffer- son justified or excused it in Wilkinson Mad- ison did the same with Jackson, and the coun- try sustained them all. We shall see by and by what the verdict of the same country will be in respect to Lincoln and Fremont. In the midst of their exhausting contest for the pre- servation of the UNION, I shall at least forbear unnecessary denunciation, where my judgment can not award its approbation. I believe, Mr. President, that I have suffi- ciently replied to the arraignment of the dele- gate from St. Louis, except it may be in re- spect to his assumptions of my objects in desir- ing a more efficient enactment for the organiza- tion and government of our volunteer militia and in respect to those assumptions, I may at least be pardoned for saying that I know the gentleman to be wholly mistaken. So far as my own purpose is concerned, the gentleman can continue to read by his fireside any news- paper that will best minister to his edification, or best comport with his sympathies or his taste, free from all apprehension of drafting or any other species of compulsion except that of his long-life obedience to " the Constitution and the laws.'' We shall probably seek no "drafted" Union men but with as noble an army of volunteers as ever marched to the music of " Hail Columbia" and with a law which will render them as efficient as regulars we will drown out all other music in the yet loyal State of Missouri. 39 FOURTH DA.Y. Convention met at 10 o'clock A. M. Prayer by Rev. Mr. Eliot. Mr. HITCHCOCK moved to take up the ordi- nance reported by the Committee on Elections, stating that upon that motion he desired to make some remarks. The PRESiDENT_remarked, for the informa- tion of spectators present, that no manifesta- tions of approbation or disapprobation, at any of the sentiments expressed by the speakers, would be allowed. Mr. ZIMMERMAN, on leave, introduced the following : Resolved, That all courts in the State of Missouri who refuse to discharge their duties, shall receive no pay during the absence of such courts, and that the limitation act shall cease during the absence of such courts, and that creditors on judgments, executions, bonds, notes and accounts, shall be entitled to the rate of interest agreed upon by the debtor, not ex- ceeding ten per cent., during the absence of said courts ; and where there is no agreement between debtor and creditor respecting inter- est, all demands, including accounts, shall draw six per cent, per annum. Referred. The ordinance reported by the Committee on Elections was then read. Mr. HITCHCOCK said : Mr. President, the action proposed by the ordinance which has been read, is the postponement of the election ordered to be held in November. The reasons for such postponement are the disturbed con- dition of the State, and the fact that apprehen- sion is felt that no fair expression of the popu- lar will can be had. I take it that upon that ordinance, the simple question of present fact will determine the action of the Convention. It is entirely immaterial to me who is respon- sible for anything that now exists when I con- sider the question whether, in fact whatever causes may have led to it, whatever blame may rest on any quarter whether, on the first Mon- day in November, a fair expression of the popular will can be had. If not, then it is as much the duty of this Convention to postpone that election as it was proper for this Conven- MONDAT, October 16, 1861. tion to submit its action to the people. The majority of this Convention desire a fair ex- pression. They did not think they were bound originally to appeal to the people, but they de- sired nothing more than that, at the earliest practicable period, the people of the State should be called upon to say whether they ap- proved their action. Now, as to the fact of the case, so far as I know, nearly every member of this body, (coming from different quarters of the State as they do,) is cognizant of the condition of things in his section, unanimously declares that there can be no fair expression of the people whose action we invite, and that an election at the time proposed would be to invite the bloodiest contest which has yet taken place. In July, when we last met, we remember that among those who voted for the ordinance ordering an election in Novem- ber, there existed a strong diversity of opinion simply upon this one point not as to whether it was well to submit the question to the people not as to whether it ought to be done as a matter of expediency, but as to when it could be soonest done with safety and justice. There were those, as will be remembered, who pro- posed to have the election in thirty days others still, and myself among the number, who thought the election ought not to be held sooner than November. The Committee of Seven, who reported on the subject, foresaw more correctly than we the condition of things in this State. They said it would be impossible for an election to be held in November, and they were right. When that committee first made its report, we were taunted with the insinuation that we were afraid to submit our action to the people. All such taunts are beneath notice. I deny and treat them with the indifference they deserve. For myself, it will be the proudest recollection of my life to have acted with a body of men so wholly devoted as the Union men of this Con- vention showed themselves to be, when in ses- sion in Jefferson City, to the best interests and the truest welfare of their constituents, without regard to personal consequences in any way whatever. The Convention determined to submit its action in November, and what was v 40 the result ? I need not go over the circum- stances which have followed. The gentleman from Clinton has read the proclamation issued by a Colonel in the so- called army of Jackson, which plainly shows the manner in which it was designed to thwart our action. We were taunted with being afraid of the people, and we refuted the taunt by declaring our willingness to go before the people. We did not believe we were bound to submit our action the best constitutional law- yers in the Convention triumphantly vindicated this position ; yet we preferred to ask the sanc- tion of the people ; and what has been the re- sult ? A proclamation, not by this Colonel alone, but by his superiors, has been issued, declaring that we shall not have an election. The very outlaw who issued that proclamation declared that an army would track its path through the State in blood, and make widows and orphans everywhere would annihilate the interests of Missouri rather than allow that election to be held. We know that on every side throughout this State these threats have been repeated, and repeated by armed and reckless and desperate men. We know that it is in the power of a few men, even in this great city, with its police and its soldiers, to convert an election precinct into the scene of a riot. What are we to expect, when the theatre of such reckless crime is the area of the whole State ? A speaker who opposed this postpone- ment of the election on Saturday, asserted that there were 50,000 armed men in Missouri on the secession side, and 20,000 armed men on the side of the Union. Without agreeing to their accuracy, accept his figures. Seventy thousand armed men expected to peaceably take part in an election men armed on this very quarrel ! Nearly half the voters of the State declared to be already in arms, glaring upon each other in eager anticipation of the strife and yet the gentleman taunts the majority that they hesi- tate to call these men to meet at the polls ! I repeat it is immaterial who is to blame if these things are so, an election cannot and ought not to be held. It would not be a farce it would be a fearful tragedy. This Conven- tion has a duty to perform in such a condition of affairs, which neither taunt nor gibe can affect. I envy not the spirit which inspires the sneer. Those who are driven in such a crisis to use such arguments for their purposes, are they rather to be pitied or condemned ? I have said thus much, sir, upon the general proposition contained in the ordinance reported by the Committee for the postponement of the election. I desire, however, with the indul- gence of the Convention, to notice somewhat more in detail the remarks made on Saturday last by the delegate from St. Louis, (Mr. Wright,) upon the resolution submitted by the gentleman from Clinton, (Mr. Birch.) The first of those resolutions was the same in sub- stance with the ordinance now under con- sideration, and its introduction was made by my colleague who, I regret very much to see, has not seen fit to be present this morning the occasion for a most extraordinary address. Extraordinary in its assertions, still more ex- traordinary in its omissions of fact; extraordi- nary in the temper and spirit it displayed to- wards his associates in this body, at whom it was (in a parliamentary phrase) so "respect- fully" directed and most extraordinary, con- sidering the position, the professions, the sol- emn obligations of the speaker, in the real pur- pose and object which to my mind shone out in every sentence and well-turned phrase. For myself, as one who has the honor in part to represent the same constituency who honored that speaker with his own high trust, I am not content that his harangue shall pass unnoticed. I trust to be pardoned by the House if I com- ment upon its positions. The majority of this Convention, sir, were by this, their associate and self -constituted prosecutor, indicted and arraigned as " usurp- ers." They were charged by him with naving caused he said " contributed to," but he was careful to complain of no others the present unhappy condition of this State. Their action had " irritated" and " exasperated" its people and he could find, it seemed, no other cause or origin of irritation. The charge itself is of little consequence, nor can it borrow either dignity or weight from him who made it. It is nothing unusual for such a cry to be raised for a like purpose of misleading and defeating jus- tice. But when such assertions are made on this floor, and since a partial statement of facts, and propositions which obscure the truth, are to be scattered broadcast over the land under the authority and as part of the proceedings of this Convention, it is proper, for the sake of those who might for that reason give them cre- dence, that the blame shall carry with it the antidote. Sir, what one measure of this Convention was pointed out by that speaker as having con- tributed to the disturbance of the peace of the State ? Not one. The charge was broad and 41 bitter ; but the gentleman ventured on no such specification. That charge was made against the majority of this body ; it was intended as an attack on the Government of the United States. In terms, it opened by arraigning us ; but the true point of attack was speedily changed. Nor could it have been for one mo- ment supported. What were those measures, and whom did they "irritate 1" Was it that, in the exercise of a clear and indisputable pow- era power claimed in advance for this body (when they thought it would work out their meditated treason) by the very men who have since felt it this body removed from office a Governor sworn to support the Constitution of this State and of the United States, but whose official acts showed, and whose correspondence, made public by this Convention, acknowledged that he was from the first, and in avowed op- position even to the majority of his people, engaged in a scheme which that very speaker (Mr. Wright.) in March last denounced as in violation and in defiance of both the State and the National Constitution ? Was it that we deposed a man whose whole conduct showed him perjured and recreant to every official trust, and who by force and fraud was desper- ately attempting to thwart the popular will ? Does the gentleman (Mr. Wright) presume to allege this as a cause of "-irritation" to the peo- ple of this State ? Does he now endorse that Governor ? Or was it, sir, that in the exercise of the same power, expressly admitted in favor of this Convention by themselves, we removed from office that Legislature who, in secret midnight session, with but half their number present, passed so-called "Acts," in utter and treasonable defiance of their sworn duty under the State and National Constitutions ? Do we we not know, both from the official journals of that secret session, and from the clear and authentic statement made at our July session by a delegate who was a loyal member of that Legis- lature, (Mr. Welch,) that a test vote was forced upon them and defiantly carried by their traitor majority, upon a proposition which was a de- claration of war against the United States ? You remember, sir, that section 167 of that infamous "Military Bill" made it the sworn duty of every officer and soldier of the " Missouri State Guard" to attack, disperse and disarm every assemblage of men in this State " having the semblance of an armed organization," which was not organized under that Military Bill itself. You remember that with the express purpose of testing the intent of this provision, an amendment was offered, excepting from its terms the troops of the United States, within any post or arsenal within this State, so long as they conducted themselves lawfully, and until the State of Missouri, by a vote of her people, should change her relations with the Union- And you know that that amendment was voted down ; and that this vote was had before the so- called " outrage at Camp Jackson" had occurred. Does the gentleman charge it as an " irrita- ting cause" that we removed from office the men who thus sought to force the people into a war with the General Government ? Does he approve that conduct on their part ? Or was it "irritating" the people of this State that we annulled those odious laws which that Legislature passed? Laws which plundered the public schools, robbed the asylums, estab- lished in time of peace a military rule in the interest and for the purposes of treason, and saddled upon a people already impoverished an extraordinary tax for military purposes ? Does the gentleman himself, as one of the peo- ple, grieve that these wholesome enactments are not still in force ? Or did it "exasperate" the people that we sought at the earliest period for their sanction of our acts ? Did not the gentleman himself vote for that measure ? We did not hold, nor do we now believe, that our acts and ordi- nances required such express sanction for their validity. But we desired, if it were possible, to de- stroy the last shadow of excuse for those who denounced us, and to show as we were satis- fied that a vote would show that we acted not only for the highest interests but with the hearty approval of a large majority of the people of this State. Sir, there was no doubt as to the power of this body. Its powers were as ample as its duties were arduous. Its mem- bers were required to consider the Federal and inter-State relations of the people and Govern- ment of Missouri, and " to take such measures as they might deem expedient to vindicate the sovereignty of the State and for the protection of its institutions ;" and there was but one thing which it was required if passed by them should be submitted to the people, name- ly, an ordinance of secession. And as was shown in July last by the gentleman from Clinton (Mr. Birch,) such men as Kains, and Harris, and Vest, and Ament, in the debates on the Convention bill, expressly declared that in their opinion the Convention could do what it 42 pleased "could abolish the Legislature itself, or even the State Constitution." Sir, the gentle- man (Mr. Wright) on Saturday declined fur- ter to discuss this question of power. He said it had been exhausted at our last session. So it was. And if he is content with the re- sult of that discussion, certainly we are. He won no laurels there. But while we never doubted the power, we expressly avoided its exercise save so far as it should be forced upon us by events. I do not doubt, sir, that there is one party who have been "irritated" by the acts of this Convention. They have been so from the first disappointed, chagrined, astounded, dis- mayed, furious ! Everything it has done, and what it has refused to do, has "exasperated" them. Who are that party ? They are those who from the first have sought to destroy this beneficent Government the secession party of Missouri : with all those who, through fraud or fear, deceived, deluded or overawed, have been brdught to join them. That party we have not expected, we have not sought, to please after their fashion ; for if we had, it would have been equally a betrayal of our pledges and our trust. For them we have but one desire : that they may see the criminal and suicidal error of their course ; that they may lay down their arms, and return to their just allegiance. Until they do that, their "irri- tation" will no doubt continue. Was it on their behalf that the gentleman spoke ? But, sir, the gentleman complained that this Convention has given up the consideration of the Federal relations of Missouri. Did we not in March last act upon that subject ? Had we not then the privilege of that gentleman's aid, and his luminous exposition of these relations, their just principles, and their philosophy as well.? Did we not then solemnly declare, and the gentleman with us, that those relations should not be disturbed ; that there was no cause for the "secession" of Missouri ? Did we not once and forever dispose of that question and does the gentleman desire to repeal that action or to change his ground ? Having thus considered the Federal relations of the State, and declared that they should re- main inviolate, we did proceed "to vindicate its sovereignty and protect its institutions" against its own faithless public servants. We did not hesitate, in the language of the Chair- man of the Committee of Eight, (Judge Gam- blej in July last, to "brush away everything" that sought to interfere with those relations, or to assault that sovereignty. Is it for this, sir, that the gentleman denounces the majority of this Convention ? But the gentleman hastened to the real pur- pose of his attack his diatribe on Martial Law. He announced a great principle that liberty could not exist save under the supreme dominion of law. Sir, we agree in that great truth. We desire nothing better than its appli- cation. We have contended for nothing else we needed nothing else. But the gentleman and those who sympathize with him are care- ful to forget who it was that trampled on all law and Constitutions in Missouri. They have no complaint of the Governor and his band of conspirators in office, who, with rebellious hands, have struck down both Law and Lib- erty. And we, forsooth, were and are to sit with folded hands and suffer this sacrilege. I know, sir, that it was argued with all the abil- ity and all the plausibility of the speaker, that a man might contend with all his might against the Government, without being disloyal to the Constitution. "God forbid," cried he, "that I should join the army of Jackson." Sir, I can almost imagine an echo of that adjuration softly wafted back from the confines of Arkansas : " God forbid that you should join our army stay and help us where you are !" Now, sir, what about this Martial Law the chief count in the indictment against the ma- jority of this body 1 ? Is it not an honorable and ingenuous charge ? What member of the majority had anything to do with the establish- ment of Martial Law in Missouri ? Which one of us proposed, or asked, or desired it ? Which one stirred up those atrocious acts of rebellion that brought it about? Is it to be doubted what was the purpose of that bitter harangue, when the action of a military officer of the United States, wholly independent of this Con- vention, and without consulting one of its mem- bers, is paraded as one of the means by which our measures have "irritated" the people"? Was it meant to rebuke us or only to inflame the people against that Government ? So far as the majority of this Convention is concern- ed, the remarks of the gentleman do not touch them, whatever else these remarks may do. But I do not propose, sir, to evade the ques- tion thus raised. I am quite willing to discuss the gentleman's views on martial law as it ex- ists among us. Whom does it in fact affect ? Against whom was it promulgated? Has it displaced or closed our Courts, in the transac- tion of their regular business ? Has it laid its 43 stern grasp upon the ordinary business of the community, or interfered with the detection and punishment of crime? The gentleman knows that it has not. It, and it alone, has enabled these things to go on in our own city. And outside of this judicial circuit, if it has disturbed a single Judge, it has been those who have descended from the bench and de- serted their own trust to take up arms against the Government they are sworn to support. But against whom and upon whom does this Martial Law operate ? The gentleman him- self, referring to those who have been confined as prisoners at the Arsenal, said that some of them were undoubted traitors. I apprehend it is not on their behalf those whose treason the gentleman himself expressly asserts, that his complaint is made. He speaks of innocent men who have been unjnstly arrested and con- fined. It may be true, sir I know not that there have been mistakes made, and men may have been arrested as disloyal who were not so. If it be so, I regret it deeply every loyal man regrets it. But this proves what ? That with the administration of martial law, as with that of civil and criminal law, there are evils and hardships inevitable under any human agency. The men whose cases the gentleman mentioned, it seems, have been released. He says that unjust accusations have been made against the Provost Martial himself to his su- perior. Why, sir, our criminal code provides that a prisoner, charged with crime and con- fined in jail, who is not arraigned for trial during two terms of the Criminal Court, shall be discharged. This is simply a confession by the law-makers that innocent men may be ar- rested on false and malicious testimony, whom even a writ of habeas corpus cannot release, but whom the prosecutor will not or dare not pur- sue ; and when such a case happens, what practical remedy has the sufferer for his an- noyance, his imprisonment, the injury done him ? He may have absolutely none. We re- gret it, but it cannot be helped. And has the gentleman himself, in his large experience of civil actions for damages, never heard of ac- tions brought by private malice or private cu- pidity, by which the unfortunate defendant was put to great expense, was forced to employ eminent counsel, to procure testimony at great cost and trouble, and perhaps to be mortified at the public discussion of his fair fame, even though he succeed in repelling the attack? And though in such a case the villainy of his opponent were exposed with disgrace, would that compensate him for the vexation and the loss? But is this an argument against civil law and trial by jury? Unless it be charged, which it was not, nor I imagine can be, that the purpose of the officer administering mar- tial law is to vex and oppress the loyal citi- zens, these things are but the lamentable inci- dents of that for which, not the Government, but its enemies themselves are responsible. I remember, sir, an incident related to me last summer by the Commandant of the Military District, comprising the Missouri river. He found it necessary at one time to seize all boats and barges along the river to prevent the in- surgent forces from crossing. To one man, no small part of whose little property was in his barge, he said : " I must take your boat and sink it, for the necessity of the Govern- ment requires it." "Take it," said the owner ; " I only wish I had a hundred to give up for the Union !" That is the spirit in which some men meet these necessities. There is another spirit, which dwells upon and exaggerates every necessity, every hardship, every mistake, even though it be repaire'd as soon as it is ascer- tained. I know the answer to all this : That martial law strikes at the principles of individual lib- erty, because it suspends the habeas corpus act. But, sir, are there no periods when the public safety is of higher importance than even the liberty, for a time, of any individual? Why, the Constitution of the United States itself an- ticipates such a necessity for it provides that the privilege of the habeas corpus may be sus- pended in case of insurrection or invasion. The gentleman says of that privilege " It is the dearest right that belongs to a freeman, unless it is that other right, to think and speak whatever he pleases. Lincoln does not indorse the emancipation of Snead's slaves, but he does indorse a defiance of the Judiciary, by abolish- ing the writ of habeas corpus." And yet, the Chief Justice of the United States, the same man who recently gave an opinion in the Merry- man case, did on the bench decide in the so-called "Rhode Island case/' as that court had decided . in other cases, that under the power vested in him (by the act of 1795), to call out and employ the militia to suppress insurrections, the Presi- dent is the sole and exclusive judge of the necessity for its exercise and the mode of its employment; and that for the judiciary to in- terfere in such cases, even by the writ of habeas corpus, to release those who were arrested by the authority of the President, as hostile to the 44 Government, would make that judiciary " a guarantee of anarchy and not of order." So that judiciary itself has declared, when the pub- lic mind was not excited as now ; and that is its true position. But this is no new question in the history of our Government. Allusion has already been made by others to the case of Gen. Jackson, who declared and enforced martial law at New Orleans in 1815. He was afterwards fined by Judge Hall for contempt of Court in refusing to obey a writ of habeas corpus. He chose to pay the fine, and protected the Judge himself, who imposed it, from the excited people who justified his own course. But nearly thirty years later, in the midst of another generation, in a time of profound peace, a bill was passed in Congress to refund him the amount of that fine with interest : and it was entitled " A bill to indemnify Maj. Gen. Andrew Jackson for damages sustained by him in the discharge oj his official duty." That bill was debated in the Senate of the United States in January, 1843, by such men as Linn of Missouri, who report- ed it, and Buchanan, and Berrien, and others. The whole question of martial law was dis- cussed ; and the friends of the bill refused to permit its passage except with that title. They would not accept a bill " for his relief they said he was rich enough ; nor " in considera- tion of his services" which they said had al- ready been rewarded. They wanted the Sen- ate to declare that he had done right. They would have that or nothing. The Senate of the United States did so declare by its vote, and among those who voted for the bill on its passage was that strictest of all strict construc- tionists of the Constitution John C. Calhoun. Thus, sir, the Senate of the United States, upon full debate, thirty years having interven- ed, deliberately sanctioned the declaring of martial law by a military officer, on the ground of high public necessity. And, as was re- marked by Senator Linn of Missouri, in that debate " the course of General Jackson was approved by President Madison at the time." Now, sir, the gentleman himself has told us who and what Madison was. He said and I agree with him "But Madison was not only a patriot, but a great deal more. He helped to make the Constitution of the country ; he knew how it was made every timber, beam, and foundation stone about it." And yet this patriot framer of the Constitution approved the declaration and enforcement of martial law at New Orleans. But the gentleman alleged that there is an 1 almost aniversal " conviction over this whole | land, that the Administration is at war with ! the principles of civil liberty !" Sir, the as- I sertion is astounding ! What evidence is there of such a " conviction ?" Is it in the unprece- | dented unanimity with which all loyal men, I forgetting past party ties, have flocked to its I support ? Is it in the hearty concord of Dem- ! ocrats and Republicans alike, in Congress and out of it ? in the fusion of all parties in New 1 York, Ohio, and Pennsylvania, into a great | Union party, pledged to the war for the sup- ! port^of the Government? in such exhorta- ! tions as that of Dickinson, the Nestor of the ! New York Democracy, a supporter of Breck- 1 inridge in 1860, when he declared that if the ! President had not acted as he has, he would I have deserved impeachment? Sir, no Admin- istration in our history ever received such a support from the people not even in the war of the Revolution. But the great grief the gentleman had was that, in submitting to martial law, we are de- parting from the lessons of the fathers. He said : "I object to all these restrictive measures, not only because they are unconstitutional that is enough, God knows, to condemn them and I say they are not only criminal, but, tak- ing up the ethical philosophy of Walpole, I say they are worse than criminal they are a blunder. All these restrictive measures test oaths the declaration of martial law the sus- pension of the habeas corpus the law defying the courts of the country all these measures are measures of weakness and not of strength. You see this in the arrests which have been made upon the ground of necessity. I have shown you heretofore that necessity can never be the origin of power in a free government, and that if you get the power from necessity, the exercise of that power brings you weak- ness and not strength." And again : " ' Encroachments must be resisted at every step.' ' Oh, no !' say the patriots of the pres- ent time, ' When the Fathers said so they were mistaken. A temporary supineness is just now upon the Constitution, but by-and-by AVC will set it up all right !' Setting up the Constitu- tion will be like setting up a broken reputa- tion ; it is like some other things when once degraded, lost forever. When the people of America accustom themselves to look upon a violated and broken Constitution, especially 45 when broken and violated from the most dan- gerous source of the Government, the Execu- tive, all liberty is gone. * * * Mar- tial law makes a Dictator. Are you willing to live under a Dictator? If you are,* I am not. ***** * " Now, we must have a Dictator, and be just as still as mice when cats are about, fearing one of those feline paws will be laid upon us with a claw in the end of it. Is that the spirit of American freedom ? I say, with Walpole, 'this is worse than criminal it is a blunder !' All such things chafe and gall the American heart, and you can awaken no enthusiasm in the human breast to fight under such circum- stances ; and I do not think they ought to fight at all except for liberty." Truly, " these are brave words." It is im- possible not to pardon something, as Burke said of the New England people, to the spirit of liberty, or to the loyal allegiance which the gentleman professes to hold, in these evil times, to " the principles O/THE FATHERS. So, too, the gentleman told us about the proposition to make Patrick Henry Dictator when he was already Governor of Virginia; and about that "republican dagger" which "his friend Cor- bin" was going to plant in his heart. It hap- happens that it was not Corbin, but Gary, whom the gentleman meant; and the "repub- lican dagger" is a bit of rhetoric which history does not put into his mouth. But I prefer, Mr. President, to look into the practice, or at least the acts and doings, of " the Fathers ;" and the gentleman must read the history of his country or relate it a little more accu- rately, if I am to follow him. What did the Fathers of the Revolution think about martial law in times of civil war about the habeas cor- pus about a military Dictator? What did they think about the "weakness" which such remedies bring, according to this, their faith- ful student and follower ? I beg to read a dry statement of facts, from the first volume of Curtis' History of the Constitution of the Uni- ted States, at page 99 : " Washington felt that the time had come, when to his single hands must be given all the military authority and power which the Con- tinental Union of America held in trust for the liberties of the country. On the 20th of De- cember, therefore, he wrote to the President of Congress a memorable letter asking for ex- traordinary powers, but displaying at the same time all the modesty and high principle of his character. " To this appeal Congress at once responded in a manner suited to the exigency. On the 27th of December, 1776, they passed a resolu- tion vesting in Gen. Washington ample and complete power to raise and collect together in the most speedy and effectual manner, from all or any of the United States, sixteen battalions of infantry in addition to those already voted; * * * to take, wherever he might be, whatever he might want for the use of the army, if the inhabitants would not sell it, allow- ing a reasonable price for the same ; to arrest and conjlne persons who should refuse to receive the Continental currency, or were otherwise disaffected to the American cause; and to return to the States of which such persons were citizens their names and the nature of their offences, together with the witnesses to prove them. These powers were vested in the Commander- in-Chief for the space of six months from the date of the resolve, unless sooner revoked by Congress." Thus you find, notwithstanding all the talk about "the Fathers," and Patrick Henry, and so-forth, that the naked historical truth is pre- cisely the reverse of all that the gentleman would have you infer. It is true that the pro- ject to make Henry a Dictator failed. That was broached in the Virginia House of Dele- gates in the month of November, 1776 : and only one month later, in December, 1776, George Washington asked the Continental Congress for Dictatorial powers and they granted them instantly. Yes, in less than six months from the date of the Declaration of In- dependence, which "thundered" says the gen- tleman "against Martial Law !" Kemember, too, that that Congress acted under no Consti- tution like ours, expressly providing for such a necessity. That Congress was a mere Revo- lutionary Committee, made up of Delegates, acting under diverse and often meagre in- structions long before even the Articles of Confederation were adopted. Yet they gave George Washington, by a simple resolution, the powers of a Military Dictator, and at Wash- ington's own request ! On what principle was this done ? Let the historian answer : " The powers thus conferred upon General Washington were those of a military dictator : and in conferring them, the Congress acted upon the maxim that the public safety is the supreme law." Was it by chance, sir, that this same princi- ple was selected as the State motto of Mis- souri ? Look on her coat of arms and read it : 46 Salus populi suprema lex ESTO ! Not a mere barren maxim, but a mandate to her servants. "LET the public safety be the su- preme law ! Well might the Governor, in his communication to this body, the highest em- bodiment of the sovereignty of the State, point to that mandate as our guide. But we can imagine, sir, the patriotic, the liberty-loving stand the eloquent gentleman would have taken if he had been in that Congress of 1776 ! How he would have thundered against martial law!" How he would have denounced dictators even though the Dictator were a Washington ! Ah, sir, it is a pity, is it not, that the gentle- man was not himself " one of the Fathers ?" But enough of martial law. No man pre- tends that it is or ought to be other than ex- ceptional utterly exceptional in its applica- cation. Nothing but an over-ruling necessity can justify it nothing less than the preserva- tion of the Government or its authority. You can give no rule for its fitness or necessity ; and the President who orders or permits it to be proclaimed, does it at his own peril, and upon his own ultimate responsibility before the peo- ple. When that necessity has passed away, he must account for its exercise. That was the theory of Washington, who said in his re- ply to the letter from Congress transmitting that resolution : " Instead of thinking myself freed from all civil obligations by this mark of their confi- dence, I shall constantly bear in mind that as the sword was the last resort for the preserva- tion of our liberties, so it ought to be the first thing laid aside when those liberties are firmly es- tablished." Such, sir, were the views which the Father of his Country entertained about martial law ; the views of a wise, and bold, and practical statesman and one who is supposed to have loved liberty, and known its principles, quite as well as any theorizing rhetorician of our times. There was another count in the gentleman's indictment on the subject of slavery, and emancipation. Was it fairly and candidly put ? Was it not full of lurking suspicion, and mis- chievous suggestion, even while it disclaimed any intention to be unjust ? I quote his words : " The gentleman from Clinton has declared that this war is not waged for the emancipa- tion of the slave. I do not do the Administra- tion injustice, if I know it. I trust there is no latent purpose to carry on this war, having as a direct end, or as an incidental result, the emancipation of the slave ; but if the Adminis- tration are clear of that crime, there are multi- tudes of men who have a controlling power over the Administration who are for it. I was glad to see the reply of the President to the proclama- tion of Fremont ; but what are the terms of that reply ? Is there any intimation that the proclamation was inconsistent with the liber- ties of the country ? Not at all. He declares that he supposes that Fremont, being upon the ground, can better judge of the affairs than he can at Washington ; but that it would be better, in reference to this proclamation, to conform to the act of Congress on the subject of confis- cation. That is all. There is no direct rebuke of this military satrap, who, without the author- ity of the Federal Government, comes to our shores, and proclaims that he has the power to emancipate slaves." Now, if the gentleman believes that those who control the Administration are for general emancipation, how was it, as he asserted five minutes after, that one man in Kentucky, Joseph Holt, had by his letter to the President caused a change in the policy initiated by Fremont ? And why does he carp at the phraseology of the President's letter to Fremont, when he knows, or ought to know, that Holt's letter to the President (to which that was in fact a re- ply, and was sent to Holt by the President as such) expressly put the complaint of Kentucky Union men on the ground that Fremont had gone beyond the law of Congress ! Holt said nothing about " the liberties of the country." He said all loyal citizens approved the act 01 Congress confiscating the property of rebels used by them in the war. But he complained that Fremont's policy would injure loyal men in Kentucky by setting free among them the slaves of rebels, which was more than the law in- tended. The President's letter was a direct re- ply, in fact, to this, and was all the reply that it needed. I am sorry to be obliged to notice these details but if the gentleman don't choose to be accurate, I must. The fact is, if the gen- tleman had been permitted to dictate every word of the President's letter himself, he would still have found fault with the punctuation. Again he asserted that those who have a controlling power over the Administration are for making this war one of emancipation ! Did he not know that within ten days past that very proposition was embodied in a resolution offer- ed in the Republican State Convention of Massachusetts, held at Worcester ; that Charles Sumner was there to urge it, and did make a 47 speech in its favor ; and that that Convention refused to consider the resolution! This in Maarhusetts, the home of "abolitionism!" Did he not know that the Republican press of that State has strongly sustained that action of the Convention as just and wise has con- demned and denounced Sumner for the at- tempt lailure as it was and has declared (I refer to such leading Republican organs as the Boston Advertiser, the Boston Journal, and the Springfield Journal) that this war for the sup- port of the Government, and of the full consti- tutional rights of all the loyal slave States and not for emancipation. AVhy, sir, all these facts and these sentiments were republished in this city, in the Missouri Republican, not three days ago and yet the gentleman in his fair and honorable assault on the Administration and those who control it, as he says, never alluded to them. But in his vindictive assault upon the Gov- ernment, the gentleman broached a theory of constitutional law which was only less mon- strous than absurd. I quote his words again : "The measures of this Convention the in- stitution of the Home Guards, the illegal as- sembling of a body that had no right to as- semble at all are bad enough in themselves ; but I beg you to remember that there is no more constitutional power in the Executive of the United States to redress a wrong com- mitted by one citizen of the State of Missouri upon another than belongs to the Emperor Na- poleon or the Czar of Russia. It would be just as right for the gens d'armes of Napoleon to come here and redress wrongs as for the Federal sol- diers to do so. Why is this ? Because Missouri regulates her own affairs. In the language of the report of the Committee made at Jefferson City, she manages her police and internal affairs in her own way. When the President of the United States declares that the driving off of a Union man by Secessionists is an out- rage and takes the remedy into his own hands I deny his right to do so. Protection is in the State Judiciary, and not in the military arm. The remedy is by indictment, and by civil ac- tion. The framers of the Constitution acted upon such a principle, and the General Gov- ernment has no right to interfere and organize a legal tribunal. Who could not foresee that the moment the attempt at unauthorized inter- ference was made it would bring on civil war among us ?" I see before me, Mr. President, those who have been driven from their homes by armed rebel bands, and who are so kindly and " re- spectfully" oh, most respectfully alluded to by the speaker on Saturday, as "refugees." Unfortunately they are refugees, flying from before the army of what our ex-Governor called a " foreign State" driven from home, threatened with death, unable to return to where their families and all their interests are, for fear of summary execution at the hands of those lawless marauders. I see these gentle- men before me, members of this body and they are told by my sympathizing colleague, who rests safely at home under the protection of the martial law which he so bitterly de- nounces, that they have no right to call upon the President of the United States for any protection whatever. And they have the con- solation of being informed that they must look to the judiciary for redress. You, sir, (the speaker addressed Judge Orr,) who can not hold your court in Greene county, because of twenty thousand armed men there, are coolly asked " Why don't you call your grand jury together ?" Why, sir, is such talk as this se- rious, when the Judge is driven from his home, when neither grand nor petit jury can assem- ble, nor court be held, nor process be issued, for fear of death itself, speedy and cruel? How bitter the scorn with which these gentle- men are selected perhaps not intentionally, for it was said "with entire respect" and taunted with their misfortunes ! And what, my friends, are your feelings refugees, plun- dered, driven from home as you are when you receive the information that you must go before the grand jury, or bring your civil ac- tion for damages, to be protected ! How mon- strous is such a proposition as this and it comes from a lawyer! Sir, if this were the law if this were true of the Constitution of the United States, it would be enough to silence every word that has ever been utter- ed in its praise. Not so is the plain lan- guage of that Constitution, or of the act 01 Congress of 1795, passed in pursuance of its provisions, as interpreted by the Supreme Court. The gentleman, as I happen to know, is familiar with the celebrated case of Martin v. Mott, in which the Supreme Court decided that whenever the President himself believed the fact to be that combinations existed in any State against the United States laws, too pow- erful to be put down by ordinary legal means, he was bound to call out the militia and sup- press the insurrection. Again, there was a very careful distinction 48 made between "fealty to the Constitution" and " fealty to the Government ;" and we were told that the one might destroy the other. Now, sir, the plain and honest truth is that no man can be loyal to the Constitution without being loyal to the Government which is formed under that Constitution. But it is also true, that loyalty to the Government does not al- ways imply or require either admiration or approval of every act of every officer of that Government. Is it possible that any man of common sense needs to be told of this distinc- tion ? There have been acts of high officials in this department which many loyal men do not consider calculated to promote the best in- terests of the Government, I have never sur- rendered my right of private judgment. I claim to have that right and to exercise it. But for that reason I do not think it necessary for me to be a traitor to my country. In short, sir, the spirit and tenor of that whole speech, whatever was the inmost pur- pose of the speaker, was simply and plainly an attack upon the existing Government of the United States, and an effort to break it down. It is by just such speeches as these, by such unsound arguments, by such perverted facts, such inflammatory appeals to the noblest sen- timents of our nature, that as the gentleman from Clinton justly said rebels are made all over the State. For that reason, and because the position of the speaker gave it a promi- nence and circulation to which its merits do not entitle it, I have noticed it thus in detail. Many a generous, high-souled youth, meaning in truth no wrong, but thus cruelly misled, has been seduced into the most enormous crime of which a freeman can be guilty. And I know of at least one case, occurring in this city but a day or two since, where such a youth, on the eve of joining Price's army, was brought by a kind and thoughtful word to pause and reflect and reflection saved him. I may be pardoned, I trust, for alluding to a matter in which the gentleman took notice of myself a very generous and candid notice. I was mentioned as having introduced a resolu- tion looking to confiscation. The gentleman supposed I had been reading Motley's History, and had perhaps obtained there the idea of that resolution from the policy of "one of the greatest bigots and tyrants that ever lived ;" who, it was said, raised a revenue by confisca- tion, and was the only instance of the kind in history. That was all the notice I had the honor to receive, but it was just enough for a purpose shall I say the purpose ? Now, the resolution I introduced, as the gentleman knew very well, did not aim at confiscation for any such purpose, nor in any such spirit. I stand on that resolution to-day. It provided that every person in this State, who, after a reasonable time shall have elapsed, shall be found employed in aiding the rebellion, shall lose his property. It did not provide for confiscating any man's property except those who shall disregard a sufficient warning, and shall per- sist in open rebellion. It touched no man for his opinions, nor for any act in the past. It did strike at acts in the future. And in my opinion the man who claims that this principle is wrong or unjust when applied to open and active and persistent rebellion, is very far gone in sympathy with that rebellion himself. The true and obvious purpose of that resolution was, first of all, to deter men from opposing the Government, by showing them that they could not renounce their duties to it without losing their rights under it. And the highest success of such a measure would be achieved if it prevented, by its own operation, the con- fiscation of a dollar. [At this point the hammer fell. Mr. Hen- derson moved that the speaker have leave to proceed, and leave was unanimously granted.] Mr. HITCHCOCK. I thank the Convention for this courtesy, and will tax their patience but little longer. It was said that the case of that " bigot and tyrant" whom Motley has made immortal in infamy, was the only in- stance in history of the raising of revenue hy confiscation. The expansive historical know- ledge of the gentleman leaped at a single bound through all recorded time, and he could find but one single instance, and that was the act of a " bigot and a tyrant." Now if the gentleman will stoop to examine with me the acts of those same old " Fathers of the Revolution," of whom he thinks so much and knows so little, he will find that they resorted to this plan of confiscation as being efficacious, just and right. Nearly every colony passed acts of confisca- tion. Rhode Island, in November, 1775 be- fore the Declaration of Independence through her Legislature, passed acts confiscating by name the property of individual Tories for acts already committed among them, Governor Hutchinson, of Massachusetts. The same Le- gislature passed acts decreeing both forfeiture and death to those who should furnish supplies or open correspondence with the enemy. I find also that in 1777 Congress passed a resolution 49 recommending the States to confiscate the property of Tories. In January, 1778, in the Legislature of the gentleman's own native State, Thomas Jefferson drafted, introduced, and passed a bill to sequester British debts. It was a bill liberal in its features, but it was a bill of sequestration. And, not to go into fur- ther details, so general had this remedy been, that in the Treaty of Peace and Independence in 1783, between Great Britain and the United States, there are three articles relating to this very subject. Those articles stipulated for the remission of forfeitures against " real British subjects" that is, those residing in England or in other than our own colonies ; and that Tories should have twelve months allowed them to try and get back their confiscated es- tates ; and that Congress should recommend to the several States to restore such estates on payment by them of the bona fide price which any purchaser since the confiscation may have paid. So much for what "the Fathers" thought of this " bigoted and tyrannical" policy. I am not disposed to go southward for examples, or I might allude to that most rigorous and sweeping confiscation act which has already passed the so-called " Confederate Congress," which affects not only all who bear arms against them, but all who reside out of those States, and all who will not take the oath of allegiance. Yet the gentleman had not a word to say 'about that. I desire to correct some errors and assump- tions into which the speaker fell in regard to the Military Bill adopted by this body in' July last, its deficiencies, and what he claimed were its effects. We were kindly lectured on our sad blunder in supposing that freemen would volunteer under any military bill we could pass and so forth j and it was taken for granted that the amendments now proposed were intended to force enlistments. The sim- ple truth is that the Governor has already ma- ny more volunteers than he has arms for as yet. and that no apprehension on that score is felt whatever. Free men volunteered in 1776, under a military dictator. They rallied around Jackson in 1815, in spite of Martial Law. They are rallying now, and that rapidly, in Missouri. The gentleman will find that the defects of the present Military Bill are defects of machinery for organizing men, no matter how numerous, into an effective army. Regu- lations are needed articles for discipline boards of examination, and other details, such as Congress acted on in July last for the Uni- ted States army. These defects were well known in July last, when the old law of 1859 a law made for peace was adopted. They were not remedied then because we earnestly hoped never to need a State army, and desired to do the least that we could help that even looked like preparing for war. Since then the issue has been forced upon us. Our efforts for peace are scorned an invading army is within our bor.lers .our proposed election is to be broken up by force. We have no alternative but to meet it as we ought. Enough of all this. I have already trespass- ed ^oo long on the kindness of the Convention. If I were to retort the attack thus recklessly made, it were easy to arraign my colleague, and call on him to hold up his right hand and plead guilty or not guilty to the charge of un- faithfulness to his own high trust. He gave us his defense, indeed. We were told that when we could not see clearly what we ought to do, we should do nothing. Why has not the gentle, man done nothing? We should have been glad to receive that much aid. He told us that if he were a physician, and were called upon to pre- scribe for a patient who had inflammation of the brain, he would not bleed him lest the pa- tient should die ; he would do nothing at all The parallel might be expanded. We might liken the State and the Union to a patient. We might remember how, in February last, the doctors were called together; how one of them at least came forward and declared himself able to give advice; how he exhibited his di- ploma, and made long quotations from the books, and showed himself profoundly versed in all the principles of the system with which he was to deal 5 how he had no doubt nor hesi- tation no, not for a moment in prescribing for the case j not only for that attack, but for a future constitutional regimen which should prevent them for evermore. I remember how in March we felt gratified to find that we had in Missouri a man who could go outside of the State, and tell in ad- vance what a National Convention ought to do to remedy the public disorders. But the pa- tient grew worse and the doctors were called to consult again. Naturally the eyes of the public turned to those who showed themselves so proficient in learning, so able, so skillful, so ready, to know what could be done. They remembered one who especially declared that something must be done for the Union that talking was no good that unless a man could 50 give up every prejudice, every association, ev- ery preconceived opinion for that sacred cause, he was no Union man. But the patient was now desperately ill. Somehow, the physician began to lose confidence thought there was no remedy thought it was but to do nothing at all, but trust to the vis medicatrix natures. Did the physician stop there ? No ! he not only de- nounced those who thought there was yet a remedy, but he excited the patients against him. Was it kind, was it wise, was it like a good nurse, to conjure up before the delirious and fevered brain new images of horror? Now we are called together again, and what is done? The case is bad, the danger great: his advice is, do nothing ! Is that all ? No ; we find the bandages are torn off, the gaping wounds exposed ; and while the delirious suf- ferer is held back by the kindness of friends fi om that liberty which would end in suicide, we find this physician, instead of endeavoring to soothe his excitement, addressing to him such language as this : "You are a free man claim your liberty ! You are not worthy of it if you do not rise from your bed, and take ev- ery means to increase the fever and bring on a speedy dissolution !" Mr. President, I trust, in all truth and kind- ness, that the day may not come when to any man who has stood in this hall, and taken the solemn oath that we took I trust the day may not come when the spectre of a ruined and murdered country shall rise before him in the visions of the night, to haunt him with the sense of duties unperformed of awful respon- sibilities unmet. I trust that from no lips that have spoken here may be wrung by such a vis- ion, as from the guilty Thane of Cawdor, the passionate, remorseful, unavailing cry ''Shake not thy gory locks at me ; Thou canst not say I did it." Mr. BRECKINRIDGE offered an amendment providing that the provision of the ordinance passed by the Convention at its session in July, for the purpose of regulating elections, shall apply not only to the elections which are to be held under that ordinance, but to any other special election which may in the meantime be held. Adopted. Mr. ALLEN offered an amendment striking out from the third section the words "until the qualified voters of the State shall approve or disapprove the action of the Convention." Mr. A. said he had no doubt that when this election was held, so far as the disloyal por- tion of the people are concerned, that would be the only question upon which they would vote; and that in the event of their rucceeding, through fraud or otherwise, in obtaining an apparent majority, it would place us in the position where we originally stood, and con- sequently establish Jackson as Governor of Missouri. He felt willing to shoulder the re- sponsibility, so far as his constituents were concerned, \vhich might attach to this amend- ment. Mr. BRECKINRIDGE was opposed to the amendment. The Convention at its last ses- sion considered this matter, and agreed to sub- mit the question to the people for aproval or disapproval. The action was thought by ma- ny to be unwise j but it was desired by the Committee on Elections, at the present time, to make our action conform to that of last session. Mr. BOGY moved to refer the bill and amend- ment back to the committee. Mr. BRECKINRIDGE hoped the ordinance would not be recommitted. He thought it would be well to begin to accomplish some- thing. The amendment was then disagreed to. Mr. PIPKIN stated there were two vacancies in the Committee on Accounts. The PRESIDENT appointed Messrs. Vanbus- kirk and Allen to fill the vacancies. Mr. MCFERRAN offered an amendment to the second section of the ordinance postponing the election, proposing to dispense with the sub- mission of the action of the Convention to the people. He deemed it impracticable to sub- mit their action to the people. If the action of this Convention should be disapproved by the people, through fraud or otherwise, it would result in the complete overthrow of the government of the State. Mr. HENDRICKS moved to adjourn until 3 o'clock. Mr. HENDERSON hoped the motion would not prevail, as he desired action upon the amendment at the present time, Mr. GANTT suggested that they could dis- patch more business by having but one session a day, commencing at 9 or 10 o'clock A.M., and sitting till 2 or 3 o'clock p. M. Mr. HUDGENS said the plan was tried last session, and was not found practicable. Mr. HENDRICKS' motion to adjourn was lost. Mr. HUDGENS. I have occupied my seat here and taken but little part in the proceedings, 51 but I am satisfied that the proposition to post- pone the election from November until August next, is a confession of judgment. I take it as such, and as an acknowledgment that the peo- ple of Missouri are opposed to the Convention, and will vote its action down. We have been told again and again, that those opposed to the action of the Convention would prevent a fair expression of the popular will ; but only one man, it seems, has yet been cited as having made this declaration. Suppose one man in Missouri has said the State shall run with blood one man or two men may say the same thing, but it would be no excuse for the Con- vention to further postpone its action. If you have the power to postpone until August, 1862, you have the same power to postpone until November, 1892. Is it any excuse why the Convention should withdraw the election from the people of Missouri in November simply because of the fear the people will not acqui- esce in its action, or because one man has said that armed resistance shall be made? The proper way to meet the issue is to go before the people themselves. When the proposition was made to appoint a Governor, it was first proposed to hold him in office but thirty days, and then let the people decide upon it. Then again it was proposed to have the election held within the time allowed by the Constitution. But when the great pulse of the people of Mis- souri has been felt, and when it is ascertained that they are opposed to the action of the Con- vention three to one, then it is proposed to postpone it until August, 1862 ; and not only that, but it is also proposed that the people shall not pass upon it all. We have the power in our hands to hold office. We are here a bare majority, scarcely enough to do business, and yet we declare that we have the power to say that 200,000 voters in Missouri are not competent to attend to their own business, or pass upon our action. What is the reason there cannot be a fair vote ? There certainly can be a fair vote upon the north side of the river ; and is there a single county in the State where it cannot be done ? Not a single rebel commander, as the term goes, exists in the north- ern section of this State, that I know of. In the district I represent, I am satisfied a fair election can beheld, and that the people are rea- dy to vote on the issues ; and I presume it can be done all through the State. Are we to say that the people shall not go to the polls after it has been determined that our action shall be submitted to them? Are we to say that they shall not vote because we think they, as free- men, will not do right at the polls? I am will- ing, so far as I am concerned, to let them pass upon the acts of the Convention, and allow them to dispose of it as they please. The ma- king of a new Governor was no unimportant matter ; and shall we multiply our difficulties still further by postponing the election till Au- gust? I say, let the people vote at once. Mr. STEWART. I am not surprised that the gentleman from Andrew should admit that he is willing to leave the whole proposition to the people. I very well recollect the part which the gentleman played in his section of the coun- try, at St. Joseph and Savannah, after the Con- vention at Jefferson city. I remember how he was connected with the notorious Jeff. Thomp- son, and how he declared on one occasion, in his own Campbellite church, that I ought to be hung ; and how he endeavored to incense the citizens of Savannah against me, and prevent me from tearing down his ragged secession flag, and raising the Union flag in its stead. Mr. HUDGENS. If the gentleman will allow me, I will state that he is laboring under an entire misapprehension. I never said or did anything of the kind. Mr. STEWART. I am assured the gentleman did make a speech as I have stated. Mr. HUDGENS. May I be permitted to ex- plain? The speech to which the gentleman alludes was made in my own city of Savannah, on an occasion when a large company of Ger- mans came from St. Joseph, with the gentle- man himself at their head. There was great excitement among our people in regard to it, and as I saw they were likely to organize them- selves into a mob, I, with others some of the principal men of our county, men of high standing, and who wanted peace thought the best means of preserving peace would be to open the doors of that church, and invite all the States-rights men therein, and make speeches to them, so as to prevent them from mingling and fighting with the crowd from St. Joseph. These men were called off to insure the gent's own protection, and nothing else. Mr. STEWART. I will ask the gentleman if he did not say that the best way to dispose of the Union cause in that section was to dispose of myself. Mr. HUDGENS. I said no such thing then, nor at any other time. I did every thing I could to protect you. I never said that you ought to be hung, and the man who asserts it declares a falsehood. I did every thing I could to keep 52 down a riot on the occasion to which you have referred, I called a meeting in the church for the purpose of allowing you to make your speech, arid to prevent any one from interfe- ring with you. Mr. STEWART. I will inform this Conven- tion that I never at any time labored under the slightest apprehension of being attacked by any secessionist in Andrew county, or any- where else. It is true I went to Savannah in company with some of my friends from St. Jo- seph some Whigs and some Democfats. I went there, because I knew the gentleman, af- ter his return from Jefferson city, made inflam- matory speeches against me, denouncing and threatening to hang me if I came to his town. Mr. HUDGENS. I state emphatically that I did not allude to you at all. Mr. STEWART. Well, then, you made a speech denouncing the Convention in the most bitter terms, and its members as traitors to the Government and State, and as worthy a luna- tic asylum. Mr. HUDGENS. Do I understand the gentle- man to say Mr. STEWART. I am going on with my speech. Mr. HUDGENS. Well, I claim the right Mr. STEWART. Well, I claim the right to say, most emphatically, that the speech which the gentleman made contained the gall and bit- terness of secession itself. Mr. HUDGENS. Was the speech published ? Mr. STEWART. He wanted to run out all the " Yankees," as he termed them. Mr. HUDGENS. I raise a point of order. I wish to know if the gentleman has the right to misrepresent me in this manner. . Mr. STEWART. I am personally responsi- ble for my statements. The PRESIDENT. The Chair has no means of knowing whether the gentleman's represen- tations are correct or incorrect, but he will require the gentleman hereafter to confine him- self more to the question. Mr. STEWART. Very well, sir. But I wish the gentlemen of this Convention to under- stand the position which the gentleman from Andrew occupies. I wish them to understand that he has from the first been in sympathy with Jackson. And speaking of Jackson, re- minds me of a little incident in connection with this abdicated traitor. I remember last spring I went up to Jefferson city, and stopped at a house opposite the Governor's mansion j and very morning when I got up, the first thing that met my gaze was a little secession flag, stuck out in a flower-pot which I bought my- self, but never designed it for such an infa- mous purpose as that. The sight of this rat- tlesnake flag was very annoying, and I felt I should be under the disagreeable necessity of taking it away. Just at that time, however, everybody was scared, as Price and Jackson had ordered all the women and children to leave, and the Knights of the Golden Circle had established a perfect reign of terror. I gave notice, however, that I should speak in the courthouse on a certain night ; and I did speak, although they threatened to bring the guns of the Penitentiary to bear upon me if I made the attempt. I took occasion, during my speech, to allude to this secession flag in no very complimentary terms, and the next morn- ing I saw the flag had disappeared. After that I went to St. Joseph, and there I learned Jeff. Thompson, at the head of a mob, had stolen the guns from the Liberty Arsenal ; and I be- lieve the honorable gentleman from Andrtw sympathized with, if he did not take part in, that movement. At any rate, this armed band of secessionists, numbering some four or five thousand, went to St. Joseph just before I got there, and stuck their secession rag upon the matket-house ; and I think the gentleman from Andrew made a speech on that occasion. The Knights of the Golden Circle that dam- nable band of traitors, hatched in iniquity and nurtured by midnight conspiracy tore down the stars and stripes, and put up theii; seces- sion rag; and on a subsequent occasion I de- nounced the outrage as it deserved. They told me I would be afraid to go to Andrew county and make use of the same remarks that I had delivered at St. Jo., as Mr. Hudgens would appear against me. I immediate!}' gave notice that in six days from that time I would go to the courthouse at Savannah and make the same speech, in the gentleman's own town. I did go, and delivered my speech, and felt no ap- prehension as to my personal safety j because I had been arrested. on several previous occa- sions, and these men with the lurking devil of secession in their hearts had shown that they were afraid to kill me. I told the crowd of secessionists once that they were nothing but a rnob, and that while they thought they were performing a great feat in arresting me, yet they dared not kill me ; " because," I said, " you know the moment that you shed my blood, it will be. like shedding the blood of a heifer on the meadow, as a whole herd of cat- 53 tie on a thousand hills will come to my res cue." Well, I made my speech, and wen home; but, soon after, these cowardly scoun drela undertook to destroy my press and burn the post-office, and all their movements have been characterized by acts of vandalism suffi cient to disgrace savages. Yet they have al ways had the sympathy of the gentleman from Andrew. I am not surprised that the gentle man should denounce the action of this Con vention so bitterly. He has always been op- posed to its action, because he is rebellious a heart and in sympathy with the rebels ; and ] believe he is an exchanged prisoner at this present moment. [A voice "that's a fact."] But, of course, that is a matter of which I do not care to speak. Mr. Stewart here gave way to Mr. McFER- RAN, who presented a report from the Com- mittee on Civil Officers, in the shape of " An Ordi-nance to abolish certain officers and re- duce the salaries of others." Mr. BROADHEAD. As a member of this committee, I do not fully agree with the report, but shall content myself with offering amend- ments when it comes up, instead of offering a minority report. The Report was laid on the table, 200 copies ordered to be printed, and made the special or- der for to-morrow. The Convention then adjourned to 3 o'clock. AFTERNOON SESSION. Mr. STEWART, being entitled to the floor, resumed his remarks, and spoke at considera- ble length in denunciation of the Southern Confederacy, and concluded by expressing the hope that the rebels would speedily be cleared from the State. He was not in favor of show- ing any great leniency to them j he thought the best plan was to fight the devil with fire ; or, in other words, that the counterpart part of guerrilla warfare was guerrilla itself ; and the next thing was extermination wiping out the rebels, root and branch, from the Slate, of which he was greatly in favor. Mr. HUDGEN-J. Mr. President, I desire to explain a personal matter. No member in this house regrets more than I do the necessity which compels me, upon the present occasion, in occupying the time of this body, to defend myself from a personal attack. There has never been a period in my life, Mr. President, when I could so far forget my manhood, and the position I occupy, as to avail myself of an opportunity to inflict a wound or offer an in- sult to any one under such circumstances. If I have an injury against a man, and cannot get satisfaction in the ordinary way, I will not at- tempt to seek it under circumstances like the present. I desire, inasmuch as I think the oc- casion demands it, to leave myself upon the record in a proper light to be read by others, and it is upon that principle that I ask the in- dulgence of the house until I am allowed to defend myself from the attack made upon my honor in the speech of the gentleman from Buchanan (Mr. Stewart). In the first place, he tells you that I was elected in my district as a Union man, and then misrepresented my constituency, and even refused to take the oath to support the constitution. It will be borne in mind that I did not, as a member of this Convention, object to the oath. That question was debated, and I inquired if the oath, when taken, would have a certain effect. I had no idea of making any objections to taking the oath. The journals will show this : that the subject was debated by Union men, and I propounded a question to the Chairman of the Convention, Judge Gamble, as to what would be the effect of taking the oath, and that was all. I doubted the propriety of the oath, yet had no objection to taking it. Now, the gentleman has alluded to a procla- mation, as he is pleased to c,all it, alleging that I showed it to him while on the way to this Convention in March last, and he avers that I have departed from the policy therein laid down. Now, I wish, Mr. President, to present that proclamation to this body, (or, rather, cir- cular I suppose he means,) in order to show that the gentleman's statement is without foundation. 1 desire that that circular letter i)e read and compared with my published speeches. The Clerk then read the following, at the request of Mr. Hudgens : JUDGE HUDGENS' LETTER. f To the Editor of the Northwest Democrat. "Sir: I hope you will permit rne to cor- ect, through the columns of your paper, a few ncorrect reports in regard to my position on he question which now agitates the, public mind. As to the delegates to the Convention, suggest that we select tried and true men men who love the Constitution and the Union s it was given us by our fathers. I profess o be a Union man, but do not belong to the o-called Union party lately formed in this art of Missouri, out of the broken down, dis- 54 appointed and spavined politicians of the dif- ferent political parties, with the Abolitionists and enemies to the institutions and interests of Missouri, who would sell their dearest inter- ests for power. They cry ' Union/ to deceive the unsuspecting, in order to build up a new party, for the purpose of abolishing slavery in this State, and gaining place and power. This is no time for such men ; the hour is too peril- ous. We want men whose antecedents show that they have been for the Union, and love it for what it cost, for what it has done, and for what it would do for us, if preserved and car- ried out with the spirit and the manner intend- ed by our fathers; such men as will mourn if it should be destroyed, like a child at the fu- neral of its mother, and, long after it is de- stroyed, hope that it will still live again, hav- ing done all that they could to preserve its life. "As important duties will devolve upon the members of the Convention, they should be lovers of the Constitution and the Union ; they should be conservative, compromise men. Mis- souri should stand with the border States Kentucky, Tennessee, Virginia, and Maryland demanding of the North justice to the South, and a permanent settlement, now and forever, of the slavery question, that we may have no more agitation between the North and the South, but each respect the rights of the other. This cannot be done in haste it will take time. The Convention will not adjourn the first day, as we have heard. ^Missouri should be heard by both the North and the South, demanding what is right, and submitting to nothing wrong. She need not advocate secession or disunion, but should stand between the North and the South, and plead for compromise and peace. She must stand with the slave States in demanding of the North justice to the South. And after all hope of reconciliation and peace has fled, and the remaining sister slave States have formed a separate republic the Union then, of course, having been dissolved Missouri, being clear of the sin, will then have to take her position iither with a Northern or Southern republic, or stand alone. At this dreadful crisis, I have no hesitation in declaring that I want Missouri to unite her destiny with the South, if proper terms can be made. I say we will have to take a position ; and taking a position after the dis- solution of the Union would not involve us in secession or disunion, for the reason that there would be no Union to dissolve or secede from. "I am neither a secessionist nor submission- ist, nor am I for coercion or for war. I want every thing that shall be done, to be done in a spirit of compromise, and with a view to a per- manent peace in any event. P. L. HUDGENS." Mr. STEWART. What is the date of that ? Mr. HUDGENS. It was written in February, and is the one I showed you. Mr. STEWART. It is not the paper you showed me. Mr. HUDGENS. It is the only one I ever wrote. I have had this circular read, Mr. President, for the purpose of showing that I have not de- parted from the principles therein laid down, and also to show the treachery of the man's memory. Now, I have to say to-day and I am not ashamed nor afraid to do it that I have no desire to conceal anything from this body, or from any gentleman. Those were my senti- ments when I uttered them, and they are now my sentiments, and I for one am willing to avow them. The gentleman mistakes me, and does me injustice, when he insinuates that I am capable of representing my people unfair- ly. I do not make this reply to his remarks for the purpose of putting myself right at home. Every man who knows me at home, knows that I am no negative man. They know that if I take a position, I will stand by it un- til convinced of its error ; and the ground that is good enough for me to stand upon, is good enough for me to fall upon. I am a Southern- er by birth, education, and principle. Now, in regard to my speech at St. Joseph, the gen- tleman says he read it, and yet it was never published. He has detailed extract after ex- tract, and yet it was never reported. I wish it had been. Mr. STEWART. I say it was published. Mr. HUDGENS. I assert, that, so far as my knowledge goes, it never was published, and I appeal to his colleague, Mr. Hall, if that speech ever did appear in print. There was a letter published which alluded to the speech and pretended to give some of the passages. Some man wrote an account of the meeting, and stated that such and such things were done. I do not remember all that was said on that oc- casion, but know that the speech was not per- sonal j that the only lime the gentleman's name was mentioned by me, was when I was called upon to read the votes of certain parties in this Convention. I regretted to do it, but was called upon and could not refuse. My speech on that occasion embodied nothing 55 more than the sentiments which are contained in my speeches published in the Journal. I did not advocate the whole policy which this Convention saw fit to adopt. I suppose th-t I had the right of a freeman, and that when I was addressing my constituents I had the right to report to them what we had done in this Convention, and how we had done it. I sup- posed I had the right to do this, and I had no idea that there would be any criticism, or de- nial of such right in this body upon it. I will say this : I do not charge the gentleman from Buchanan with having wilfully misrepresented my position on that occasion. He was not present, and the only knowledge he has of what my position was, was obtained from some individuals, or the letter which misrepresented the facts. The statements he has made are en- tirely untrue in every sense and form, and the speech he alluded to never did embody the sen- timents he attributed to it. He charges that the next thing I advised was that he and oth- ers should be hung at Savannah. I desire to state here exactly what I did say; and I am responsible for what I say, for I never get in a condition that I do not know what I do. In reference to that meeting at my town in Savannah, when the gentleman announced his intention of going there and making a speech, I expressed myself in favor of his coming. I said, "let (he people know it, and publish it; and when he comes, let the people honor him with a hearing." I was not afraid of debate. I knew he and I differed on some important points ; but I wanted him to have a respecta- ble hearing* Unfortunately for him, however, it came out three days before the time which had been announced for his coming, that he would bring with him three hundred Germans from St. Joseph to pass his Union resolutions in Andrew county. Our people objected to this : they were unwilling to be insulted, as they considered that they would be by the Governor's bringing in others to sustain his views; and in consequence of this act a large body of excited men collected together to re- sent it. I did all I could to calm the excited passions of these men ; and yet I am blamed for what I did. From the first, I had been de- termined to keep the peace in my county. I was unwilling that a drop of blood should be shed in rny district, if I could help it; but when the Governor came there at the head of three hundred Germans, with martial music and banners flying having paid their passage on the railroad, as was reported I thought blood would be shed. I went immediately, along with old citizen- 1 of the place, and took the men, in the crow.!, one by one, and told them that we must not interfere with the speeches of the Governor and his friends let the resolutions be passed, and the meeting quietly adjourn. The Governor says I went to a church and made a speech ; that was true. The plan was to organize and hold a meeting of States-rights men in the church, and to keep them in doors by making speeches to them, while the Gov- ernor was passing his resolutions, and thereby prevent the two crowds from mingling togeth- er and shedding blood. The man to whom he refers was authorized to take a position where he could be seen, and proclaim that every man on the States-rights side was desired to go to the church for a few moments ; and while- they were thus being quietly drawn away, I have no doubt but that the Governor thought this was for the purpose of preventing him from making his speech to them. This was a mis- take. We had collected these men, and I made a speech to them for the purpose of dispers- ing the crowd and to prevent the shedding of blood ; but, before we got through, the cry was raised in the church that a German had shot a young man, and in spite of all I could do the crowd rushed into the street. As the crowd advanced to the scene of action they met a young man who had been shot, and it was said his wound was mortal. As one crowd advan- ced the other retreated most rapidly, and I leave the gentleman to say how they all got away, and what sort of time they made on their retreat whether in good order, or not. To describe the scene would be dealing in per- sonalities, and I pass it. The greatest excite- ment prevailed, and it was said that the men who brought the Germans to Savannah were responsible for the murder, and Colonel Bruce was at once surrounded, but with my aid and others he was saved out of great danger, and for my kindness he has done me much harm. Having secured his safety, I then did every thing I could to prevent any further injury ; and this was all that was done. I am sorry this thing was brought before the Convention ; but that is the beginning and the end of it. I stated no such thing as that the gentleman ought to be hung on that occasion, neither did I advise violence; but, on the contrary, I ad- vised the reverse, and did all I could to prevent any disturbance. And, as I before remarked, whatever I did. I am not ashamed of. 56 But i-tiil the gen< it-man prefers another charge against me, and it is the unkindest cut of all. It is strange that he could look at my emaciated form to-day, and knowing the cause . that it is the result of the inhumanity of his Union friends and constituents, with their bay- onets, yet allude to the fact that I am or have been a prisoner of war. In these days, there is no telling how hardened men's hearts be- come how far old acquaintances can forget old associations, and how hard they can strike at old friendships. JN'ow, if it will be any sat- isfaction to the gentleman, I desire to admit this: At Jefferson city, I feared the new Gov- ernor would multiply the difficulties in the State, and I determined to say what I thought the result would be. I hoped it would be one of peace, as my published speeches show. 1 then believed and said that it would make a battle-field in every prairie in the State. You remember what excitement our action at Jef- ferson city created. After the Convention ad- journed, I made a few remarks to the people of my county in order to quiet their minds, and to help in maintaining peace. Some time after, some of Col. Peabody's command came to my premises at a late hour of the night and knocked at the door. My son opened the door, and two bayonets were thrust at him ; one struck or glanced his breast, and one entered the casing of the door. The men supposed it was me, and they came there for the purpose of my destruction. My wife screamed, and the family were terror-stricken ; and the men . finally departed, supposing they had done the ' deed. I went down the next morning to Col. Pea- body's camp and told him what had occurred. He went with me and saw where the bayonet entered the door, and seemed much mortified, stating that the matter should be investigated and the men punished ; charging that it was done without his knowledge. I said to him that I had heard a rumor that he intended to arrest me for something, I knew not what ; he replied that it was not true, that he had no thought of doing it. I then said to him if he should desire to arrest me for any supposed offence, that I would give myself up imme- diately if he would notify me and not arrest me before my family ; he said he would do so, but had no idea that I would be interrupt- ed. I told him I only feared such men as those that attempted to kill me, as above sta- ted. When on my way to the Convention, last July, I was informed that I would be ar- rested in St. Louis. While I was stopping a few days, I requested a member of the Con- vention a Union man, now present, to let the military authorities know that I was in the city, as he was going to the Arsenal ; I pre- sumed some villian had made a false affidavit against me, and if I had to be arrested, I wanted to be in the hands of 1 United States officers, and I would deliver myself up imme- diately at any place they might direct. I knew my enemies would spare no ; ains to have me arrested and mistreated if falsehoods would enable them to do so. About five weeks ago, I stepped out of my door about two o'clock at night, and soon heard the report of a gun at a distance of not more than ten or fifteen feet from me, and it is a pro- vidential circumstance I was not killed on the spot. Immediately after the gun was discharg- ed, I found myself surrounded by at last one hundred men, who arrested me. I desired to get my clothing and hat before being taken away, as I was in bad health ; but I was in- stantly hurried from my house, without my family knowing what had become of me, placed upon a horse and run off a distance of twelve or fifteen miles into Gentry county. When they had carried me about seven miles, they made a short stop. Here I was in- formed that a company had been sent back for some purpose to my house. I was at this time in great distress. I lost all concern about my own safety, and neither thought nor cared for any thing but my family. I knew my family would be robbed, and, perhaps, abused, by a band of cut-throats and villains. No one but a husband and father can appreciate my feelings at that moment. It was not long, however, before the robbers returned, boasting of their captured prizes. When I arrived at head quarters, a general shout rent the air, and long and loud yells went up from every quarter of the encampment. I was ordered to dismount at Col. Manlove Crayner's head- quarters, who admitted that he had ordered my arrest for making a speech in a rebel camp, (as he said he had heard;) pretended he was sorry that he had ordered the arrest until bet- ter advised in the premises. But when I re- membered that he was a bitter enemy, and had nursed his wrath for several years, I knew it was revenge, and nothing else. He was not an officer, but had, as he said, 2,000 men, and, as I understood, not one of them in the ser- vice of the Federal or State authority. They were generally constituents of the gentleman 57 from Buchanan, and, like him, were trying to find out whether we had a Government or not. Sometime after I arrived at camp, I learned that one of my sons was outside of the lines with some clothing for me, and wanted to come in. Col. Crayner sent for him ; he had not heen in the tent but a few moments until the crowd which had heen standing around me, abusing and threatening, commen- ced increasing rapidly, and appeared to be very much excited. I learned from them and the Colonel in command that they were dis- cussing the propriety of assassinating both of us. David Crayner, a brother of the Colonel whose kindness and patriotic spirit I can never cease to remember made a bold speech in the midst of the mob, denouncing every man as a coward and villain who would attempt to assassinate either of us. Judge Edwards, of Iowa, also addressed the crowd, telling them that if they assassinated either of us, Iowa would withdraw her troops from the State ; that they would not help assassinate men ; that the old man, as he said, no doubt was a great rebel, but he was an unarmed prisoner; that my son was admitted in camp, and no charges made against him ; he came as a son should do, to see his father, and carry the news to his distracted mother. Judge Edwards concluded by saying that the people of his State would help sustain the Constitution and laws, but would not aid or countenance assassination. A third speech was made by a citizen of Iowa, and the crowd dispersed. Had it not been for these speech- es, nothing but the terrible right arm of Prov- idence could have saved us from a cruel death. We were saved as Daniel was in the lions' den. It is worthy of remark that all this time an old white-headed man was curs- ing me, arid saying it would be down upon his dying pillow to shoot a ball through my heart. It is also proper to state that Judge Edwards' regiment had not arrived, the Judge making his appearance a few moments before making his speech. I will not attempt to describe my feelings during this time language would fail me. Sad, indeed, were those moments. "My son ! Oh my son ! Would to God I could die and save him." His affection for me had involved him in the difficulty. I saw no chance for his life. My thoughts traveled fast from his present condition to the fatal hour when Union bayonets (as they were call- ed), but a few weeks before, were brought aground his affectionate and lovely wife, in the morning of her life, and, owing to her delicate health, was thrown into convulsions and hur- ried to an untimely grave, with her infant babe ; and now the husband, by the same agency, to be assassinated ! But let a vail for the present be thrown over these wretched moments and inhuman transactions. Better counsel prevailed, and it was determined to release my son, and dispose of me at a more convenient time. He was taken some four miles from camp by two of his Kansas friends to protect him (Kansas was his home.) I never felt more pleased at any event 4han when I saw him delivered safely from the mob. I was taken, in a few days, from this county to St. Joseph. For the sake of brevi- ty, I pass over many cirumstances that might he of interest to the gentleman from Buchanan. Suffice it to say, soon after our encampment at St. Joseph, the destroying angels of darkness of that city, with many kindred spirits from Savannah, appeared around my tent, and an organization was formed, consisting of three hundred and ten men. Having entered into a covenant to murder me, they then concluded to cast lots to see who should have the honor of doing the deed. This I was told by Col. Crayner and others in command ; that some approved of the measure, whilst others were opposed to it; some in favor of it outside the organized body of three hundred and ten, and that he w r ould prevent it if he could, but fear- ed he might be killed himself if he said much, as he was without legal authority to act, neither himself nor men having been sworn into service. I desire to say, in justice to many persons in the command, that I believe they were opposed to my assassination, and did all they could to prevent it, when it seemed evident that the deed was about being done. At a late hour of the night, that portion of the command that was for saving my life, gather- ed around my tent, and placed me in the cen- tre of some two hundred men, and marched with me to the Buchanan county jail, a dis- tance of about two miles. This I approved of, believing that as the jail was considered very strong, a mob could not enter it. I was not put in the main prison ; I was taken into what is called the reception room, or outer court. I found quite a number of respectable citizens confined for no offence except that their sym- pathies were with the South. The jail had no terrors for me. I only regretted that I was not in the main prison, for I was then in the power of the as- 58 sassins, as there were but few men guarding the door. I remained here several days ex- pecting every moment to be taken out by the mob. It was well understood that I was left or kept in that position so that I could be taken without breaking the jail. I became satisfied my life was endangered, and the only question was how I could be disposed of with- out involving the officers who claimed to be in command. I was very sick and was denied medical aid ; part of the time had nothing to eat ; my friends excluded from me, not allowed to see me or send me any thing to eat ; but this was not the fault of the jailor, as he did every thing in his power, or that he was allow- ed to do for me. During my sojourn in this jail, I was marched to the depot and back four different times, for no better reason than to give the mob or an assassin a good opportuni- ty to take my life, as I then and now firmly believe, a small squad of men guarded me, but could not have protected me from violence if it had been attempted. I was finally put on the car. My wife, who had been endeavoring to see me for several days here, made her appearance, accompanied by a friend. I was only permitted to speak to her in the presence of officers, and but a few moments at that. This was another hard trial that can not be described. She was in- formed that I was to be taken to Quincy, Illi- nois. We were then, instead of Quincy, es- corted by a small guard to Atohison, twenty miles down the river. After our arrival oppo- site Atchison, on the Missouri side of the riv- er, our car was detached from the main train and kept on the bank of the river. As it was well understood Dr. Jennison's jayhawkers were at or near this place, it was expected or intended that this car load of rebels, as we were called, should fall to the tender mercies of these men. While we remained here ex- pecting every moment the arrival of these " Home Guards," it seems there was some uneasiness manifested at St. Joseph in regard to the result of such a course. Contrary to our expectations, and before we were disturb- ed, an engine was sent from St. Joseph to bring us back. This wicked and malignant transaction was covered by saying it was a mistake. I now saw but little hope for my life. I was aware of the anxiety of my fami- ly, and the extreme sorrow and grief of my wife, and I determined to have my condition at once changed. I sent for Col. Crayner and immediately demanded a trial, as I had done from the first, before my most bitter foes, if preferred by them. This was declined upon the ground that he had no authority, having not as yet been sworn into service. I then informed him that I demanded a change of his present course at once that is, if it was his in- tention that my life should be taken, to have me shot at once, as death was preferable to such a life, and deliver my remains to my family and end our anxieties and struggles at the same time. This he would not consent to do. I then made another request that he would send me to St. Louis, where I would be placed in the hands of the Federal officers, and could be aided by friends, as I was certain such aid would be allowed by Federal officers or soldiers. I was of course in great distress and anxiety concerning the safety of my fami- ly, as they had been driven from home and all that was dear, and now a band of outlaws were quartered on my premises, in one of my buildings, having already destroyed my crop, and were now engaged in destroying my prop- erty generally even searching for my bed clothing, which had been concealed, laying in waste every thing that could not be taken away. My property was, doubtless, a great temptation for men who were too respectable to steal, too proud to beg, and too lazy to work. It was not for committing treason that I had been torn from the bosom of my family ; in addition to malice against me, they wanted to rob my family, and throw them upon friends to be protected and supplied with food, as they have been. This vile gang arrested me, and live and destroy my subsistence. I am ashamed to acknowledge that they are generally citi- zens of my own county, committing these out- rages. But to return to my own case. I was started with eight other prisoners on the train to Hannibal and St. Louis ; I was hurried off without any thing to eat, having tasted nothing from the night before we started until ten o'clock the next night. We were taken to Quincy, Illinois ; arrived there at a late hour, with some thirty armed men, as a body guard. We were marched through the streets, some two or three miles to an encampment near the city, where we were kindly treated by both officers and men; (this was some- hing new to us.) I presumed we were brought here for the purpose of sending us to Cairo, where I had no acquaintances or friends, but the Illinoians ordered us to St. Louis- We left next morning. As we passed through Quincy, a crowd followed us, saying, shoot 59 them, hang them, &c., &c. When we arrived at St. Louis, I came very near losing my life by an officer in charge of me, for saying to a stranger on the boat if he saw Col. How- ard, a friend of mine, in St. Louis, to tell him I was a prisoner on my way to the Arsenal, very sick, and wanted assistance. I was taken to the Arsenal and there I was treated with every kindness that could be afforded me. Some fifteen clays after my arrest, my son went to Gen. Price's camp and got me ex- changed for Col. Marshall not because I was a prisoner of war, or had been arrested for treason, as the gentleman asserts, but because I had been wrongfully arrested. Gen. Fre- mont had the kindness to say, at the time of my release, that they had determined to re- lease me, as there was no charge against me. From that time until now, I have been cared for by those who were strangers then, but ac- quaintances now. I am still in feeble health, and hardly yet able to be here. I thought it my duty, however, to come here, and I did not feel that I was disgraced or a prisoner of war. I did not feel when lying in the cold jail, in the darkness of the night, expecting that my execution would take place at any moment, that I was in any manner disgraced. I was not the only one who was persecuted, for I remember that while I was at St. Jo., ladies came weeping to their husbands, the most re- spectable citizens of Buchanan county, and told them that these guards of the State had taken the last particle of provision, the last ear of corn, the last horse, and last negro that every thing had been swept away, and that they were still prowling over the country, tak- ing every thing as they went, even bed cloth- ing, provisions and all; yes, there were some of the best citizens of Missouri in that jail, while their families were being robbed, and crying ; ladies were asking their husbands what they should do. I notify the gentleman that these were his own constituents. My family came to me with the information that after I fiad been taken away, the wretches, not satisfied, had gone back and driven them away from their own homes ; and, not content with that, they had taken, or been in search of, the bedding and clothing, and broken the fur- niture, so that now my family is dependent upon friends, and this mob has possession of my premises and has consumed every particle of my hard earnings for the last year. I am not allowed to go home, and my life is threat- ened if I make my appearance there. Is this the mercy that the new Governor is meting out ? Are we to be subjugated thus and not allowed to complain. (Applause in the lobby.) Mr. GANTT. I move the arrest of those making a disorder. The VICE-PKESIDENT. The Sergeant-at- Arms is directed to clear the lobby of those who caused this interruption. Mr. HUDGENS. I desire to return my thanks to this body. I did not expect to be able to meet with them. I am frail and have done myself injustice ; but I have no personal re- venge. I do not think I shall be here again to participate in the proceedings unless some- thing should arise to make it necessary in the course of the discussion. I am satisfied a ma- jority of this Convention differ with me in opinion, but I believe the people are against them, and it is not my duty to set up a factious opposition to the will of the majority here. I am sorry these matters have been brought up, and that this explanation has been demanded. Mr. GANTT moved to adjourn. 60 FIFTH DA.Y. TUESDAY, October 15, 1861. Convention met at 10 A. M. After the reading of the journal, Mr. BIRCH rose to a privileged question. He said : As the only reparation it is in my power to make for the unintentional injustice into which, it seems, I was led respecting our late Door-keeper, I ask that a note which I have received from him this morning, be read by our Secretary and entered upon our journal. The Secretary then read the following note : " CALIFORNIA, Mo., Oct. 11, 1861. "Hon. JAMES H> BIRCH Dear Sir: In the Republican of the 12th inst., you are reported as having asserted that 'it was notorious that I was now serving in the State army,' meaning, I suppose, the army of Gen. Price of this State. Now, sir, I cannot believe that you would in- tentionally misrepresent me, but I cannot let the assertion pass unnoticed, as there is not a shadow of foundation for the assertion. I nev- er have been connected, in any form, shape or manner, with any army, and have no idea of ever having any connection with any army. I have all the time remained a peaceable and quiet citizen, and expect to remain so. Please to do me the favor and justice to correct your state- ment in regard to me, and oblige, Yours, respectfully, C. P. ANDERSON, Doorkeeper Conv." Mr. PIPKIN called attention to the subject of mileage of members. The act organizing the Convention authorized the payment of mileage to members from their homes to Jefferson City; and as the Convention was sitting in St. Louis, he thought some action was necessary. The PRESIDENT suggested that the Commit- tee on Accounts ought to be instructed to re- port in regard to the subject. Mr. WELCH offered a resolution to the effect that the Committee on Accounts be instructed to report in favor of allowing members mile- age from their homes to the city of St. Louis. Adopted. Mr. WELCH moved that the Convention pass over the regular order, and take up the ordi- nance in reference to deferring the election. Mr. McCoRMACK offered the following : Resolved, That the Governor be authorized to issue State revenue notes to the amount of two million dollars, which said notes shall be accepted at par by all State officers, and in all transactions with the State. They shall be of the denomination of $100, $50,$25, and $10, and shall not bear interest, but shall be received at any time the same as gold, for all revenues of the State ; and those notes which do no not thus come back to the State in payment of taxes, or for other revenue, shall, after three years from the date of their issue, be redeem- ed in gold on demand, on presentation of the same to the State Treasurer, or such agents as the Governor may appoint for this purpose. And every such revenue note coming back to the Government of the State in the shape of revenue shall be cancelled in some manner, and not be issued a second time. Referred. Mr. WELCH'S motion to take up the ordi- nance postponing the election was then agreed to. Mr. HALL of Buchanan. I think this is a subject upon which we have reflected suffi- ciently; and as I think it is time for the Con- vention to agree upon something, I move the previous question. At the request of Mr. Welch, however, the motion was withdrawn. Mr. WELCH. The question before the Con- vention involves the propriety of postponing the election, which was directed by us at our last session, for Governor and other offices, in lieu of the provisional officers elected by this body, and I propose, Mr. President, briefly to submit the reasons which will actu- ate me in the vote which I shall give. The journals of this Convention at its last session will show that I voted for this election to come off in November of the present year, and a sense of duty compels me to state why I shall now vote to undo that action and to post- pone that election until the period suggested by the committee in the ordinance submitted by them for our action. I trust, sir, that the reasons which shall govern me in postponing the election, are as valid and satisfactory as 61 those which induced me to vote, designatir. the first Monday in November for that elec tion. No\v, Mr. President, what are the circum stances by which we are at present surround ed, and which are by many of us deemed suffi cent to justify the modification of our formei action, which is now proposed by the commit tee? During the regular session of the Legisla ture, which met in December last, in view oi the lamentable condition of public affairs throughout the country, a bill was passed call- ing a State Convention. That body was to be the peculiar guardian of our Federal relations, and to decide what position Missouri should assume in the fearful crisis, then and now upon us. This body was elected by an over- whelming majority of the people of the State, to pronounce the status which this State should occupy. In obedience to that law of the Legis- lature they met in Convention, and, after a full and candid deliberation and debate, they pro- nounced, that, in the opinion of the people of the State, no cause existed for interfering with the then existing relations which subsisted between Missouri and the Federal Govern- ment. With this declaration, they adjourned. Shortly after our adjournment, the Legisla- ture was couvened in extraordinary session. The measures of that body were well calcu- lated, if not purposely intended, to destroy the status of Missouri, as just declared by the peo- ple of the State in Convention. Gov. Jackson, although in his proclamation of May recog- nized the action and power of this body, yet by his conduct he did every thing to thwart the will of the people, almost unanimously de- clared in the Convention. I shall not now stop to recount the various steps in this sad drama. So injurious had this legislation of the extra-legislature proved itself upon the peace and welfare of the State, that this body was called together to take such action as it deemed best to vindicate the sovereignty of the State and to protect its institutions from the dangers which so imminently threatened them. They were called upon, if possible, to assuage the storm which had been, so unjusti- fiably raised by the Governor and Legislature, and, in the discharge of that duty, this Conven- tion deposed the Governor, Legislature, and other officers, and filled the vacancies thus cre- ated, except the Legislature, by provisional appointees. They also repealed those acts of the Legislature which were calculated or in- tended to bring Missouri into a fearful conflict with the authorities of the Federal Govern- ment. Thus it was that the people witnessed two antagonistic legislative bodies. The Con- vention, on the one hand, trying to preserve the peace of the State, by preserving her rela- tions with the Federal Government ; the Legis- Uture, on the other hand, trying to involve Missouri in the fearful civil war then raging in the land, by its efforts to sever the relations which we held to the General Government. This was the aspect of public affairs at that time. The voice of the people was presumed to be expressed by the Convention, for that body was called into existence on these very questions. The Convention, however, in this unfortunate conflict of legal authority, deter- mined to appeal to the only tribunal recognized in this land to decide these momentous issues for themselves. They accordingly with great unanimity adopted an ordinance providing for the submission of their action to a vote of the people, to be held on the first Monday in No- vember. By the terms of that ordinance the people had the right to pass upon our action and approve or condemn it. This was fair and right, besides being in harmony with the genius of our republican government. Here was an opportunity given to decide these issues peacefully ; for if the people should disapprove the action of the Convention, then Governor Jackson became restored to his office and every thing would have been settled, without that utter ruin of all our material interests now visible on every hand, and without those awful scenes of horror which invariably attend a civil war. Upon the verdict of the people this Con- vention would have stood, and its voice they would have doubtless obeyed. Surely no ob- jection could have been urged to such a settle- ment of our disputes and difficulties. But such a settlement, to be satisfactory, must be submitted to by all. We have, however, con- clusive proof, that Gov. Jackson and those who are engaged with him in precipitating Missouri headlong out of the Union, were determined that these important questions should not be decided by an appeal to the people at the bal- ot-box, and if satisfactory evidence can be pro- duced of this fact, of course it would be worse ;han useless ; it would even be criminal, to in- cur the dangers and hazard of innumerable tragedies at the polls, which would be certain ;o occur, if the decision, when given, was not o be obeyed. My friend, from Clinton, (Judge Birch,) in 62 his remarks the other day, alluded to a pro- clamation issued by Col. J. T. Hughes, a Col. in the army of Gov. Jackson, in which he de- clares that the election ordered by this Con- vention shall not be held, and in which threats of assassination are made against the voters of the State who should dare to exercise the right of suffrage on that occasion. Some gep- tlemen on this floor have alluded to that state- ment and have argued that Col. Hughes spoke without authority, and that Governor Jackson should not be held bound by the threats thus made, or responsible for the proclamation is- sued by this blood-thirsty military gentleman. I never was disposed to attach much impor- tance to anything which might emanate from Col. John T. Hughes, neither do I presume that any one, who is at all acquainted with him, would be inclined to do so. In this in- stance, however, I must think that considerable importance should be attached to this procla- mation, threatening vengeance on the people of the State who would dare to vote at the time designated by this Convention for the election. Evidence, however, of the highest degree is not wanting, to show that such is no idle or unmeaning threat, and I, for one, am willing to throw aside the testimony furnished in this proclamation of Col. Hughes, and ap- peal to the highest authority to prove the fact that Gov. Jackson and his adherents are not willing to settle these difficulties peaceably, but are persistently determined to settle them in another manner. This decision must be mad9 at the sacrifice of all our best interests, to say nothing of the vast number of valuable lives that must be destroyed in the dreadful war to which Gov. Jackson has appealed. If the authority of Col. Hughes is to be ques- tioned, let us for a moment appeal to Gov. Jackson himself, and out of his own mouth will we gather the evidence, that he is un- willing to let the people decide their differences peaceably at the ballot-box ; but that he will destroy every interest of the State, rather than submit to any other decision than such as shall result from the issue of war. On the 5th day of August last, Gov. Jack- son published at New Madrid, what he terms a " Declaration of Independence of the State of Missouri," in which occurs this passage : " The acts of President Lincoln have been indorsed by the Congress and people of the Northern States, and the war thus commenced by him has been made the act of the Govern- ment and nation over which he rules. They have not only adopted this war, but they have gone to the extreme of inciting portions of our people to revolt against the State authorities; by intimidations they have obtained control of the remnant left of a Convention deriving its powers from those authorities, and using it as a tool, they have, through it, set up an in- surrectionary government in open rebellion against the State. No alternative is left us ; we must draw the sword and defend our sa- cred rights." Here we find the emphatic declaration of the " Commander-in-Chief" of the Confeder- ate forces in the State, that this question is to be decided only by the sword. It is said, "no other alternative is left us." This declaration, Mr. President, was made with full knowledge on the part of Gov. Jackson, that this Conven- tion had provided for an election by the peo- ple, to decide the fearful issues now pending in this State. Gov. Jackson refers, in the pro- clamation alluded to, to the proceedings of this body, and professes to obtain the justification of his conduct by the official action of this Convention. He knew that we proposed to submit our whole action to a vote of the peo- ple ; he knew that we proposed to settle our difficulties peaceably by an appeal to the bal- lot-box, and yet, possessing this knowledge, he openly declares that he makes no appeal to the people and will not submit to their will in the premises ; but, on the contrary, declares that " no other alternative is left us ; we must draw the sword and defend our sacred rights." Here is enunciated the hateful doctrine of coercion. He refuses to let the people act like freemen in casting their suffrages, but the sword is invoked to decide the issue. Gov. Jackson, who is the Commander-in-Chief of one of the opposing armies in the State, hav- ing thus refused to abide the issue of any other tribunal than the sword; having de- clared his determination not to submit to the verdict of the people at the polls, it follows, that it- would be folly and worse than folly it would be criminal, to hazard the turmoils of an election, when it will not be submitted to'. It is very questionable whether an elec- tion could be held at the time heretofore de- signated by the Convention, without there occurring disturbances and murders at very many of the election precincts in the State, and to incur this responsibility, when the election is submitted to, is what in my judgment this Convention should not do. I would have been highly gratified if these questions could have 63 been decided peaceably at the polls ; to that derision I should have submitted, and I think all other good citizens would have been willing to do so. It is in view of these circumstances, that I am induced to vote for the postpone- ment of this election to the time indicated in the ordinance reported by the committee, and now under investigation. But there is another portion of the extract from Governor Jackson's " Declaration of In- dependence" concerning which I desire to make a remark or two, and to which I would direct the especial attention of this body. These remarks are intended to show the utter groundlessness of the reasons given by Gover- nor Jackson for issuing his remarkable decla- ration. It will, of course, be remembered that this body was convened by the Legislature to con- sider and pass upon the federal relations of the State, with full authority to authoritatively pronounce the legal status of the State. All parties so regarded it, and in corroboration of this remark, I would direct your attention for a moment to the proclamation of Governor Jackson, published by him on the 12th day of June, 1861, in which he calls for fifty thou- sand volunteers. This proclamation was is- sued after this Convention had met and de- clared that there existed no sufficient cause to impel Missouri to dissolve her connection with the Federal Government, and of that re- solution Governor Ja.ckson was informed. In that proclamation Governor Jackson says, that "in issuing this proclamation, I hold it to be my solemn duty to remind you that Missouri is still one of the United States; that the Executive department does not arrogate to itself THE POWER TO DISTURB THAT RELATION J THAT THAT POWER HAS BEEN WISELY VESTED IN A CONVENTION, which will, AT THE PROPER TIME, express your sovereign will; and that meanwhile (that is, until the Convention shall declare your sovereign will) it is your duty to obey all the constitutional requirements of the Fed- eral Government." Here it will be seen, Mr. President, that Governor Jackson expressly repudiates the idea that he has any authority to " disturb the relation" which Missouri holds to the Federal Government, and declares, boldly, that to do so would be to "arrogate to himself" powers which the people had " wisely vested in a Convention ;" and yet we find that Governor Jackson, in the short period of less than two months after this, in his memorable " Decla- ration of Independence," proclaims Missouri to be "a free and independent State." Thus by the fiat of a single will, we find that cer- tain important powers, which the people had "wisely vested in a Convention," have been arbitrarily assumed, and the tie that bound Missouri and her citizens to the Federal Gov- ernment is rudely sundered, and that by his edict, not only himself, but all other State offi- cials, who had taken a solemn oath "to sup- port the Constitution of the United States," are to be forever released from its further ob- ligation. I charge that to do this is to arro- gate to the Executive the power to disturb the relation which subsists between Missouri and the Federal Government, and, to prove that it is an arrogation of power, I refer to the ex- tract from Governor Jackson's proclamation, which I read a few moments since. But I must do Governor Jackson the justice to say that he assumes this power because, first, the General Government, "by intimidations, has obtained control of the remnant left of a Con- vention deriving its authorities from the peo. pie of the State," and, secondly, by virtue 01 an act of the Legislature, passed on the 10th day of May, 1861, entitled " An act to author- ize the Governor of the State of Missouri to suppress rebellion and repel invasion." These are two grounds upon which, in his " Decla- ration of Independence," he justifies his bold assumption of power to declare Missouri a free and independent State. I shall speak of this second ground of power and justification ; first, to-wit, the power which he professes to derive from the provisions of the act of the Legislature to which Governor Jackson al- ludes. The following is the whole of that act, and it will be seen how little justification can be found here for the power claimed : "AN ACT TO AUTHORIZE THE GOVERNOR OF THE STATE OF MISSOURI TO SUPPRESS REBELLION AND REPEL INVASION. "WHEREAS, information has been received that the city of St. Louis has been invaded by the citizens of other States, and a portion of the people of said city are in a state of rebel- lion against the laws of the State, whereby the lives and property of the good people of the State are endangered ; therefore, " Be it enacted by the General Assembly of the State of Missouri as follows : "SECTION 1. That the Governor of the State of Missouri is hereby authorized to take such measures as in his judgment he may 64 deem necessary or proper to repel such inva- sion or put down such rebellion. " This act shall take effect from its passage. " Approved May 10, 1861." Now, strange as it may appear, this is the law under which Governor Jackson derives his pretended authority to declare Missouri out of the Union. That I do not do Governor Jackson injus- tice in making this charge, I quote the follow- ing from the " Declaration of Independence," which he published at New Madrid in August last : " The General Assembly of Missouri, the recognized political department of her Gov- ernment, by an act approved May 10, 1861, enti- tled ' An act to authorize the Governor of the State of Missouri to suppress rebellion and repel invasion,' has vested in the Governor, in re- spect to the rebellion and invasion now carried on in Missouri by the Government and people of the Northern States and their allies, the au- thority 'to take such measure as in his judg- ment he may deem necessary or proper to re- pel such invasion or put down such rebellion.' " Now, therefore, by virtue of the authority in me vested by said act, I, Claiborne F. Jackson, Governor of the State of Missouri, appealing to the Supreme Judge of the world for the rectitude of my intentions, and firmly believ- ing that I am herein carrying into effect the will of the people of Missouri, do hereby in their name, by their authority, and on their behalf, and subject at all times to their free and unbiased control, make and publish this provisional Declaration, that by the acts and people and Government of the United States of America, the political connection heretofore existing between said States and the people and government of Missouri is, and ought to be, totally dissolved ; and that the State of Missouri, as a sovereign, free and independent Republic, has full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which in- dependent States may of right do. " Published and declared at New Madrid, Missouri, the fifth day of August, in the year of our Lord eighteen hundred and sixty-one. CLAIBORNE F. JACKSON, Governor of Missouri." Now, Mr. President, I would observe that if the act alluded to by Governor Jackson in his Declaration of Independence, the whole of which I have quoted, does give te the Governor the power which he claims, then the act must be unconstitutional and therefore void, for the Legislature has no such power. Hav- ing no constitutional power themselves to de- clare Missouri to be " a free and independent State," they surely could not delegate such a power to the Governor and leave it to the dis- cretion of one man to declare the destinies of this great State. I repeat it, that if this act bears the construction which Governor Jack- son places upon it, it is unconstitutional and void, and confers no power at all. This Con- vention was called for the very purpose of passing upon this great question, and called by the Legislature for the very reason that they had no power to pass upon them ; for so long as Missouri remained in the Union, they could only act in subordination to both the Consti- tution of the United States and of this State. But the act does not and can not bear the construction which Gov. Jackson places upon it. The act alluded to is a local act. It re- fers to a rebellion " in the city of St. Louis," and declares that " a portion" of the people of that city are rebellious, and then authorizes the Gov- ernor to. "take such measures as in his judg- ment he may deem necessary or proper to re- pel such invasion and put down such rebellion." Now, it would occur to the mind of every can- did gentleman, that, under the provisions of an act to suppress rebellion " in the city of St. Louis," the Governor could hardly have power to declare the whole State out of the Union, and yet he has done so. The truth is, that the act of the General Assembly under which Gov. Jackson professes to act, does not convey the slightest allusion to the right or power which he claims, and, by the express terms of the act itself, it is merely a local statute, applicable only to the suppression of a supposed rebellion in the city of St. Louis. It must not be for- gotten, however, Mr. President, that this act was passed on the lO^A day of May, 1861, and that although it was in force (as a matter of course) on the 12th day of June, 1861, the day on which Gov. Jackson issued his call for fifty thousand men, yet that official, in that call, uses the language I have heretofore quoted, to wit: "that Missouri is still one of the United States ; that the Executive Department of the State Government does not arrogate to itself the power to disturb that relation; that THE POWER HAS BEEN WISELY VESTED IN A CONVEN- TION," &c. Now, if the power to disturb the re. lations which subsisted between the people of Missouri and the Federal Government was 65 .ivly it could not ; at the same time in a mere Legislative :i)bly ; and if it could, that Legislative As- sembly could not delegate that power to the Executive, to be used at his discretion. The fact that this law Avas in force when Gov. Jack- son admitted the power was in the Convention, proves that he himself did not regard the act uveying the power in question to him; or, if he did regard the act as granting the 1 power, then he becomes guilty of a deliberate false- hood and deception in repudiating the power for himself and acknowledging that it belonged to the Convention. The true solution of this matter I apprehend to be about this, that so long as (iov. Jackson had hopes that he could coerce the Convention into the passage of an ordinance of secession, he was ready and will- ing to acknowledge that the power was in that body ; but when he found that the Convention would not endanger the peace and institutions of the S'ate by a resort to that species of legis- lation, and he therefore had been thus far de- feated in his attempt to force Missouri from the Union, he then sought some other means to accomplish that purpose, and, as a mere af- terthought, he resorts to the act of the General iiibly to which I have referred. But I re- ally think that Cov. Jackson was sadly unfor- tunate in app- alii,g to a local statute, authoriz- ing the suppression of riots and insurrection in a single city in the State, for his authority to sever the relations which had subsisted Be- tween the people of Missouri and the Federal Government for more than forty years, and that without any vote of the people to author- ize or sustain him. I think I have shown suc- cessfully, Mr. President, that Gov. Jackson could derive no authority from the act of the Legislature in question for his " declaration of independence." His other excuse is that this Convention, at its late session in Jefferson city, was a mere mi of the original body, and that therefore it was not entitled to exercise the authority which he himself had before admitted to pos- its authority, therefore, was not to be respected. To any one at all acquainted with deliberative assemblies, this assumption will only be regarded with contempt. The only question is, was t/c re y the People of the State of Missouri in Convention assembled, That we are in favor of the adjustment of our national troubles, upon the basis of the amendments to the Constitu- tion of the United States proposed by Senator Crittendcn, thereby arresting the progress of revolution, and securing our constitutional rights in the Union, and removing forever from the arena of party politics the dangerous sectional questions that have brought us to the verge of ruin. Mr. Woolfolk offered the following : Resolved, That the present crisis demands that the rights of the Slave States should he secured to them by amendments to the Consti- tution, and that this Convention recommends to the Legislature of Missouri that they apply to Congress to call a General Convention of all the States in the manner provided by the Con- stitution for the purpose of making such amend- ments thereto as Avill secure the rights of the Slave States, restore peace, and relieve the Southern mind of apprehension for the future. Mr. Stewart offered the following : Resolved, That in the opinion of this Con- vention a Convention of the people of the Bor- der States for the purpose of presenting a plan of Compromise to a Convention of the people of all the States, would be the most sure and efficacious method of adjusting in a fraternal spirit the alarming discords which threaten the disruption of the Government. Mr. Linton offered the following : Resolved, That there exists no adequate cause why Missouri should secede from the Union, and that she will do all that she can to restore peace to the same by satisfactory compromises. Mr. Hendricks offered the following reso- lutions : 1. Resolved, That at the time of the adoption of the Federal Constitution it was the under- standing and intention of the people of the United States that they were thereby united together for all the purposes expressed and con- templated in that instrument as one people, in- separable and forever. 2. Resolved, That the provisions of the Fed- eral Constitution were understood and intend- ed by the people of the United States to be the supreme law of the land, and not a mere com- pact ; and for violations and infractions thereof by the Federal or any State government, dis- integration was not contemplated, but remedies as provided in the Constitution to be sought and obtained in the Union. 3. Resolved, That while the right of revolu- tion, for adequate cause, is not denied, yet the Constitution of the United States, and acts of Congress made in pursuance thereof for the admission of new States into the Union as in- tegral parts of the United States, being the su- preme law of the land, no Ordinance of Seces- sion adopted by a State government can abro- gate them. 4. Resolved, That the Ordinances of Secession adopted by the several States of the Union are unauthorized in law and without adequate cause in fact, and when we are called upon to follow their example it is right and proper for 70 us to consider the legality and propriety of doing so. 5. Resolved, That the action of several of our sister States, in adopting Ordinances of Seces- sion, is no justifiable cause for Missouri to se- cede. Mr. McFerran offered the following : Resolved, That Missouri deplores the sec- tional strife and alienation existing between the North and the South, and regards the same as inimical to the dearest rights of Missouri and the peace and perpetuity of our Federal Union. 2. Resolved, That Missouri is an integral part of the great West, and declares her fealty and attachment to her own interests and sec- tion, and invites her sister States of the West to ignore -the dogmas of New England on the one hand, and the Gulf States on the other; and at once to inaugurate a Western policy, loyal to the Federal Constitution and the Union of the States. Mr. Breckinrid.ge offered the following reso- lutions : Resolved by the People of Missouri in Conventiori assembled, That secession is a dangerous polit- ical heresy, finding no warrant in the constitu- tion or laws which lie at the foundation of our systems of gov rnment. Resolved, That Missouri will do nothing to sanction, support or countenance the pretended right of secession, since its approval by the people involves the destruction of all our insti- tutions, whether State or Federal. Resolved, That the government which our fathers formed, and which for nearly three quarters of a century has failed in nothing to answer the ends for which it was established, is " suited to the habits, and adapted to the wants of the American people, and that every dictate of wisdom req dres us to direct our ef- forts rather to its preservation than the forma- tion of any substitute for it. Resolved, That we deplore the action of some of our Southern brethren in adopting ordi- nances of Secession, and assuming a hostile attitude towards the Federal authorities. In asserting that secession is a remedy for the grievances of which the South complains; in seeking to destroy the Federal Government, which is of itself guiltless of wrong; and in forgetting that in and through the Union are better means and ampler facilities for redressing all grievance than out of 't they have com- mitted grave errors ; and whilst Missouri will exhaust all efforts in restoring harmony and securing justice, she recognizes no obligation to support them in these proceedings, believ- ing that thereby she would prejudice rather than promote the best interests of all concerned. Resolved, That it is essential to the existence of government that some authority should be charged with the duty of executing the laws, and that the proper action of the constituted authorities should be supported and obeyed; and although we deprecate any collision be- tween the Federal Government and our disaf- fected Southern brethren, it is the opinion of this Convention that these duties and obliga- tions, as prescribed by and under our Federal Constitution, cannot be annulled or impaired consistently with the peace, dignity, or exist- ence of the government, State or Federal. Hesolved, That for the thorough and final re- moval of all cause of complaint against our brethren of the Northern States, we desire the enforcement of the Constitutional guarantee concerning the rendition of fugitives from ser- vice, a renunciation of any purpose to inter- fere with slavery in the States or in the District of Columbia, or with the inter-state slave trade, and some equitable and complete adjustment of the territorial question based upon an aban- donment by the North of any purpose to use the power of the General Government to re- press or extinguish slavery, and by the South of any purpose to use the power of the Gen- eral Government to perpetuate and extend it? and that we confidently rely upon the justice of our Northern brethren to aid by appropri- ate legislation, or by adequate constitutional amendments, in producing these results, and in securing their enforcement and observance by a cordial compliance with their spirit. Resolved, That we appeal to our sister States of Kentucky, Arkansas, Tennessee, North Car- olina, Virginia, Maryland, and Delaware, whose interests are so closely identified with our own, to stand firmly with us in the posi- tion we assume, asking of our Northern breth- ren the full recognition of our just claims, and of our Southern brethren a reconsidera- tion of their hasty action that so may be re- stored the old relations of peace, prosperity and perfect union. The object I have in reading these resolu- tions is not to show the inconsistency of gen- tlemen at all, for I do not think they have been guilty of any ; but they are read for the purpose of showing that the southern people have just cause of complaint ; but these gen- tlemen almost all deny that those causes of 71 urc complaint are sufficient in themselves to war- rant the Status in seceding. At the time of our first session here, we all looked upon the difficulty between the Northern and the South- ern States as grounded in a just cause of com- plaint. There are other resolutions which even go further tha'i those I have read ; but I will not take up the time of th ; s body in read- ing them. There are, however, five resolu- tions, offered by the Committee on Federal Rela'ions, to which I desire to call the atten- tion of the Convention. These resolutions, together with an amendment offered by Mr. Shackelford of Howard, were adopted by the almost unanimous consent of this Convention. The adoption of these resolutions exhibits the fact, that the Convention then entertained the opinion that if a <-oll sion ensued between the General Government and the seceded States, the country would be ruined and all lost. Notwiihstand ng these Southern States had taken the forts and all the proper y of the Government in the seceded States, yet the general belief was expressed by this Conven- tion Hia' it would be bad policy for the Gene- ral Government to enforce its laws in the sp- eeded States. They thought it would be bet- ter to withdraw the forces from all these forts rather than plunge this country into a civil war. And he resolutions all tended to show that the first gun fired would result in civil war and the destruction of the country. This has been ver fied, a d I believe the Adminis- tration is respons ; b'e for it. I believe if Lin- coln h d pursued a more pacific course, and withdrawn his forces from Sumpter, this coun- try would have been at peace. Do you not remombe' with what joy and satisfaction it was heralded all over the Tinted States that such was to be the policy of the Administra- tion ? The Northern papers condemned it ; but for the sake of restoring peace we were willing to sanction this conduct of the Presi dent, and surrender these forts to the Southern States. But the po'icy of the General Govern- ment was changed, they undertook to rein- force Sumpter, and the result was an inevitable war ; and we have grown more bloodthirs y er since The proclamation cal'mir for i 11 was issued, and all succeed ing moas- s showed that the course of the President towards the Southern S ares would result in exceeding great evil. And it is upon us now. How are \ve to meet it ? Gentlemen say we mint dr ve out and extingirsh the Southern p'e. I do not believe that is the true polvy of this Government, to destroy onp half of it in order to perpetuate its existence; nor do I be- lieve that if these States are subjugated that they can be held except as subjugated pro- vinces. You might as well undertake to unite fire and gunpowder as to undertake to unite the Southern and the Northern people; for, to all intents and purposes, they are a separate people. They have a greater animosity and hatred to each other, in my humble opinion, than the people of the United States enterta n towards any foreign power. '1 he hatred is most bit'er, and the continuance of this war only aggravates the difficulty ; and I confess it is not for me to say how or when it shall be ended. There was cause of complaint. The North refused to enforce (he Fugitive Slave Law, and all the action of the Northern people tended to show the people of the South that the North was bitter'y opposed to the existence of slavery. The Southern people were well aware that their subjugation would be their ntter destruction, or the destruction of the in- stitution of slavery, which they hold to be one of their most vital institutions. Trry fee' that thev are dependent upon it that the white man is not able to cultivate the rice and the cotton field- ; and, so feeling, you cannot unite them with the Northern States. Now, a few words in regard to the new Government or State Administration. I dep- recate the conduct of Gov. Jackson as much as anv man; yet his action can be readily ac- counted for and based upon what many regard as just grounds. It was known that there were treasonable gentlemen who had been in- dicted, arrested and held to bail. The editor of the Journal, I am told, Mr. Tucker, gave bonds, and Jackson and Price had both been indicted. This may be true. Now, if Gov. Jackson was a traitor to the Government of the United States, or bv any action of his had un- dertaken to take the State of Missouri out of the Union, what was clearly the bounden duty of the Federal authorities in the premises ? Why, it was not to proc'aim 'o the world what they intended to do, but to indict these persons for their crimes and go to work secret'y. Hav- ing indicted Gov. Jackson, instead of sending an army to capture him, the officers of the 'aw should have lain their hands upon him. But I believe it was not the policy to arrest him, but to drive him out of the State, to send an army after him, and announce the departure of that army. What was the iesult? The Government s- nd- an army and he is notified 72 of 'lie fact. He floes from the Capital, and gets such men as he can summon, raises an army, makes battle, and is driven back and out of the State. He goes to the South, col- lects an army, returns to the State, an'd what do you see ? Instead of being driven out, he has a stronger hold on Missouri to-day than he had then, or when lie had an interview with Lyon and Blair, when those propositions sub- mitted to them by Jackson were rejected. He had no soldiers then, but now he has thou- sands of the citizens of Missouri, who are headed, and controlled, and managed by a gen- tleman who was elected President of this Con- vention at its first session by a large majority, and against whom I voted. There was not in the State a more honorable or high-minded gentleman ihan Sterling Price at that period. He was beloved by the State as a statesman and a civilian ; yet he has been driven from Missouri, and is now branded as a murderer, a robber, and a coward. Do you expect such a policy as has been proposed by this Conven- tion will bring back those people who have flocked to his standard ? Do you believe that measures of a stringent character, tending to deprive people of their property acts of con- fiscation do you believe these will bring them back from their allegiance to Price and Jack- son ? On the contrary, if that policy be adopted, it will greatly multiply the enemies of the Government in this Stat-\ Such a pol- icy will increase 'he armies of Price and Jack- son. There are thousands who would have been in this State to-day, engaged in the peace- ful occupations of life, if it had not been for the wretched policy pursued by the General Government towards the people of the State of Missouri. Why the necessity of sending armed troops all through ihe State of Missouri"? I do not deny the right of the General Govern- ment to do so it has a perfect right to send its troops, if necessary, through the State, to protect its citizens ; but what I did condemn, and have and will condemn, and speak against as long as I *m allowed to do it, is that indis- criminate arrest ami punishment of citizens against whm there can be nothing brought. They are the persons who have the right to complain. So far as my personal experience is concerned, I know Lvge numbers of men who have I een incarcerated for weeks in my own town, and who, when brought before the court martial, have been discharged for want of witnesses against them. This policy I hold to be the mo?t vvretc' cd e\er adopt- d towards any people, and it has driven thousands of peop'e of the State of Missouri to reso t to arms. You cannot take a man and punish him, whip him, abuse him, and then tell him you will reason with him; you must reason first before you whip him. And that brings me to state what I understand to be the fact, that many of the Federal soldiers often whip the naked backs of some of the citizens of the Sta'e; and I have heard that the veneiable Dr. Rifle, who wa> once honored with a seat in Congress now near the grave was tied to a stake one night, and kept there in a condition of helplessness. Now, these things do not justify the armies on the other side in maraud- ing upon Union men. Doubtless, much crime is committed on the other side. I have evidence of this fact. My honorable colleague, Mr. Leeper, has suffered; while he has sufft-red, I have been protected. There, I am looked up- on as a man who sympathizes with the South, and yet my colleague is a Union man, and has been driven from his home. These things are to be deprecated ; but who inaugurated these things ? The system was inaugurated long before Price had an army in Missouri. It was inaugurated at Camp Jackson on the 10th of May, and shortly after in my own town, and also in other port ; ons of the State. These things have brought about a sad state of affairs, and compelled the people of the State to ta'e up arms to defend themselves; and we come here seemingly with the object not to pacify them but to pass laws disfranchising them, de- priving them of the right to vote laws to confiscate their property and, after all this, ask them to come forward and support the Government. [The speaker here concluded, his hoi.r hav- ing expired.] The vote was then taken, and the following gentlemen explained their votes : Mr. HAI.L. of Buchanan. One section of the ordinance contains a provision continuing the present officers in office. Of course. I have a delicacy about the matter, and I therefore hope I shall be excused from voting. Mr. HOWELL. I hope I shall have the in- dulgence of the House in explaining the vote I propose to give on the ordinance now before the Convention. I shall vote on this question in reference to the present status and condition of the country irrespective of its merits under other circumstances. We are in a state of war now, and that war has, by means well kno\vn> been introduced into this State, and, as a ne- 73 ary result, wo are convulsed from centre to circumference. I believe that President Lincoln and the anti-shivery party at the North arc primarily responsible for the war that has D introduced into the bosom of the State of Missouri; at the same time I believe it would be improper for me to give Ihe reasons in sup- port of that view. I censure Gov. Jackson, and did censure him, for his war proclamation at the time ;\nd under the circumstances it was issued ; but I believe that, whatever may be the present opinion of my constituents upon that question and T do not pretend to be thor- oughly advised upon that subject when Mis- souri is humbled in the dust, her every interest prostrated, her slave interest ruined for, from the best information I can obtain, more than one-third of the slaves in the S f ate of Missouri when the war commenced have disappeared since its unfortunate inauguration when the people of the State, and my constituents, see and feel the effects of this thing as they will see and feel it, that they will regard this ques- tion as I do. But, notwithstanding my views as to the causes by which this war has been brought upon the country and introduced into this State, \ve are called upon here, as practical legislators and statesmen, to act for the present emergency and the best interests of the State. At the time we assembled at Jefferson City, this Convention passed an ordinance vacating the office oT Chief Executive and some of the State departments, and then proceeded to fill them with new incumbents. At that time things had assumed such a shape in Missouri that I was not able to vote for that action, be- lieving that it would only complicate our diffi- culties, and that it was pregnant of no good. But this measure was carried by this Conven- tion. I believed, for the reasons I have as- signed, that our action would not be prolific of good ; that if the Governor's chair was declared vacant, it would result in evil ; and further, that we were not elected for any such purpose. I believed then there was no need of filling that chair until the destiny of this State was settled. Mr. President, this is not a war between the people of the State of Missouri and one class or another; but a war between the Govern- ment of the United States and its adherents in the State of Missouri, and the Southern Con- federacy ami the adherents of the Southern Confederacy on the other side ; and the des- tiny of Missouri must be determined, not by the po\ver of one party or the other in the State of Missouri, but by the power of the General Government on the one side, and the power of the Southern Confederacy on the other side. That being the case, and Missouri having but a small voice in this matter, her business being broken up and her courts sus- pended, I believed there was very little for a Governor of the State to do, and therefore I thought it was not necessary, if that office was vacated, to ignore the franchises of the people and fill that office. I believed there was no possible necessity for a Governor in the State of Missouri at that time, and I am still of that opinion. The State is stagnant standing still and all that is going on here is being operated by the General Government and the Southern Confederacy ; and if this battle is to be fought out between the United States and the Southern Confederacy, I prefer it shall be fought under the organization of the respec- tive parties. I am opposed to guerrilla war- fare, which has been introduced into Missouri; I am opposed to the Home Guard system, and to anything that will induce and encourage sectional war in the State. I believe it is bet- ter that all those in this State who desire to fight for the Government of the United States should flock to the standard of the General Government and organize themselves under that standard ; and that all who desire to fight for the Southern Confederacy should array themselves under that standard, and that there should be only two organizations. How is it to-day ? We have troops here in Missouri acting under the General Government, others under the authority of the Southern Confed- eracy, others under the authority of Governor Gamble, and others under the authority of Gov. Jackson. All these things complicate our difficulties, and are calculated to stir up an intestine war, arraying neighbor against neighbor, and making this war more horrible in all its details. Another reason why I be- lieve Missouri should not organize troops for this war, is this : her destiny is not that which Gov. Jackson declared it an independent pow- erbut her destiny in the future is either with the North or the South ; and when her position shall be fixed with one or the other, the bur- dens and expenses of this war will be just up- on us, in proportion to our population, as upon other States ; so that an organization in the State would only complicate our difficulties and make the war more horrible within her borders. The people of the State will have to foot the bills and pay the expense of a State army when the war is over ; and of course, whether her position be with the United States or with the Southern Confederacy, she will have to pay her proportion of the expenses of either Government. If her position is main- tained, where it is now, as one of the States of the United States, we cannot pay our propor- tion of the expenses and taxes of this war. For these reasons, Mr. President, and others I might mention, I shall vote in favor of the postponement of this election for the present, but not for the purpose of taking this election from the people. Mr. President, I hope to see the country come out of this war purified, and I hope to see the elective franchise maintained in all its integrity and purity. I voted before in favor of having the election held in Novem- ber, and if the election could be held then in all its integrity and purity I would vote for it, but can it be done 1 What is the condition of th > State of Missouri now ? We are under martial law. Can freemen vote under martial law ? under the menaces of bayonets and bullets, and under the surveillance of Federal and Confederate officers in different sections of the State ? I believe in my section of coun- try, in the central portion of the State, there would be nothing to prevent an unbiassed election. We have neither State Guards there, nor have we, to any extent, Federal troops there; but that is not the case in the city we are now sitting in, or in the South-west or South-east; and until the State can be freed until her position with the one power or the other can be ascertained and that posi- tion must * e ascertained by bullets and bayo- netsuntil her position is ascertained and an election can be held free and unbiassed by military coercion or menace, I think it better for our institutions and the integrity of the elective franchise, that this election shall be postponed t > that fortunate period, whenever it shall come. Now, I think it would be better not to postpone this election to any particular day. The status of Missouri will be settled, I hope, at no remote period, and when that pe- riod arrives the proper authorities of the State can take the steps to bring about an election ; and when that election takes place, tree from Federal bayonets, and the people have had their position assigned them, and the destiny of Missouri shall be cast at the ballot-box, all loyal and good citizens will submit to the ver- dict, as I will myself Unt-.l that period conies, I think it better that this election should not be held. Suppose the election should bo held in November, and this ordinance voted down, Jackson would then be voted back into the Gubernatorial chair. In that case, would the Federal Government vacate the field'? Will they say that our action has been unconstitu- tional? On the contrary, suppose the ordi- nance is sustained, and Governor Gamble or some other gentleman is elected Governor of the State of Missouri, Jackson and his confed- erate allies shall march back into Missouri and repulse the Federal forces, would they, in that case, pay any attention to the election, or to the Executive chosen to perform the duties of Governor? Under these circumstances, Mr. President, I think an election in November would amount to nothing, and I think it un- necessary, and that it would be an insult to the people to hold that election ; and I shall therefore vote aye. The vote was on the passage of the ordi- nance as follows : Ayes 49. Noes 1. Mr. Sayre voting in the negative, and Mr. Hall of Buchanan being excused. Mr. BRECKINRIDGE said he had been request- ed by the Presidents of the several railroads to offer a petition for the repeal of an act passed by the last Legislature which had been found impracticable in its operation, and he did so without being able at this time to declare what his views were touching general legislation by this Convention. He was not fully satisfied that it was proper for the Convention to enter into general legislation at all. The petition was for the repeal of the pro rata bill, and, at the speaker's request, was referred. Mr. TINDALL, from the Committee on Mili- tia, reported a bill providing for the organiza- tion and government of the State. Laid on the table and made the special order for to- morrow. The Convention then adjourned to 3 P. M. AFTERNOON SESSION. Met at 3 P. M. The hill "nbolishing certain offices, redu- cing salaries," &<., was taken up. Mr. MCFERRAN offered the following amend- ment : "The respective courry court clerks in this State shall take and subscribe the oath piovi- ded in this oidinan* e, and file the SOUTH' in the office of the Secretary of State wiMiin the forty days aforesaid; and if any county court clerk shall toil to file saiH oath, duly subsc-ibcd and sworn to as afotesaid, his office is hereby de- clared vacant, and said vacancy shall be filled by the authority under the existing laws, and 75 in such case the other county officers of such county sha'l comply with the requirements of this ordinance within twenty days after said vacancy shall be filled under the provision of this ordinance." Mr. BROADHEAD offered the following as an amendment to the amendment: S'rike out the 6th section of the ordinance, and insert : "6. That the offices of the Judges of the Supreme Court, Judges of the Circuit Courts, Probate Judges, Sheriffs and Clerks of the sev- eral Courts of record of this State, and Recor- ders of Deeds, Register of Lands, Auditor of Public Accounts, State Treasurer, and Attor- ney General, be and the sam*- are hereby de- clared vacant: and the Governor of the State is hereby authorized to fill the vacancies so created in the offices of Judges of the Supreme Cour', Judges of the Circuit and Probate Courts, Register of Lands, Auditor of Public Accounts, State Treasurer, and Attorney Gen- eral, by appointment of suitable persons to such office". "7. The Judges of the Supreme Court thus appointed shall have power to appoint a clerk for said court, and the Judges of the Circuit Courts shall have power to appoint clerks for their respect; ve courts, and recorders of deeds and sheriffs of the counties within their respec- tive circuits. "8. The officers to be appointed by the pro- visions of this ordinance shall hold their re- spective offices until the expiration of the pe- riod for which the present incumbents of said offices luve been elected, and until their suc- cessors are elected and qualified. "9. The present incumbents of all'other civil offices in the Sta'e, except the Governor, Lieutenant Governor, and Secretary of State, shall, within sixty days from the passage of this ordinance, take and subscribe over an affi- davit to support the Constitution of the Uni'ed States and of this State, that they will not tnke up arms against the Government of the United States nor the Provisional Government of th s State, nor give aid or comfort to the enemies of either ; ;ind that they will maintai i and sup- port the Piovisional Government established by the State Convention of Missouri. Ai,d the offii-.--; of all persons failing to file said oath, as herein provided, are hereby declared vacant; and upon tin* certificate of the cleiks of the Circuit Courts of the respective counties where such offices may exi^t, to the effect that .such persons have failed to file such an affidavit, the Governor of the State shall proceed to fill such vacancies by appointment." Mr. WRIGHT moved to lay the amendment on the table and have it printed, in order that it might be better understood. The motion was lost. Mr. WRIGHT I had supposed that a meas- ure of this sort would not have been run through with so much swiftness. I take it for granted it is a settled matter, and I do not suppose that any thing 1 may say will be heeded by ihis Convention; but I feel it my duty to protest against adding new horrors to those which al- ready rest upon our unhappy State. Continue as you have begun, and you will create compli- cations from which men of the greatest fore- sight will never be able to extricate this State. It was said that Kentucky passed through two fires distracted land tries and a distract"d ju- diciary and for thirty years the prosperity of that noble State was impeded by civil disasters arising from the want of a judiciary. Do you want to involve this State in greater difficul- ties? Will you continue to disregard the con- stitution and the popular vote? If so, it can not be disrespectful to sav, that in nil proba- bility, if the action of this Convention shall continue in the line of its present policy, the period may not be distant when it will be de- stroyed and dispersed like the Rump Parlia- ment: of England. If you want to add the hor- rors of civil s'rife to what you have already done, just go on, and no mm in the State will be secure in the title to his homestead. If I were to forget my c^un'ry, and were to look to any mensu-e designed to advance the interests of my profession, I could not forge any thing better calculated to bring a rich harvest to the bar thun the bill which \ounowh;ive under consideration. Are you anxious to have a dis- tracted judiciary in this land after the experi- ence of Kentucky in regard to her old court and new court ; or is it because you fear, that it' you leave it to the' present Judges, they will mar and destroy your action ? Do you not t;ike counsel from you- fears? Mr. STEWART. I say as ;m individual. I am prep .red to take the responsibility which the gentleman se m< anxious to dodge I tell you as a constitutional lawyer, that the people of he State of Mis-outi are here congn gated to regulate and contiol the awful calain.iv now upon them. We had the power to depose a Governor and an infernal Legislature, ;md ow we are called upon to use the most available means to -eave our families from those con- 76 temptible demagogues who have brought these troubles upon us. Although I entertain the most kindly feelings to the Judges of our courts, yet I think inasmuch as we have not only undertaken a military revolution, but a political revolution, the best policy is to put out of office those men who have the power to injure us. I am in favor of making a clean sweep of chopping the thing right off at the roots of getting a pair of tweezers and pull- ing every hair out by the roots, and making a special speech over it. In this way I think we might remove every vestige of secessionism fiom Missouri. Inasmuch as we have begun the work, let us go on with it like men. Sym- pathizers with traitors may shed their crocka- dile tears, but they will not move me. I have, perhaps, been guilty of human frailties, but I never was guilty of an attempt to tear down that flag around which cluster all our hopes. If others could say the same, the work which we propose would never have been demanded. I say, then, inasmuch as we have begun the work, let us carry it out. Mr. HOWELL. I shall vote against this amendment for the same reason the gentleman from Buchanan will vote for it. If I under- stood the gentleman aright, he avowed himself, shortly after we met, a guerrilla chief. Mr. STEWART. You misunderstood me. Mr. HOWELL. He was in favor, sir, of in- troducing as he avowed in his resolution, which he offered the other day the guerrilla system of warfare, under the forms of law, in Missouri. I am ready, in this awful crisis, to assist this Convention in bringing about any good that it has power to effect, and I am will- ing to join in any thing that will have a tend- ency to restore peace, quiet and harmony in the State. But if I were to rack my brain to produce a measure which would introduce ef- fectually the guerrilla system of warfare, it would be to adopt the amendment which has been offered by the gentleman from St. Louis, (Mr. Broadhead,) and advocated by the guer- rilla chief from Buchanan, (Mr. Stewart.) What is the proposition contained in this amendment ? It is to decapitate the Supreme Judges, the Circuit Judges, the county court justices, and various other officers, not because these officers are useless and unnecessary not because these officers are guilty of any overt act, but because we fear them, for the reason that they have the power to do us harm. The people of the State elected these officers, and they have confidence in them and in their qualifications j and I apprehend, sir, they will maintain that confidence. Is there any crime in this, against these officers? None. They are not guilty of any thing, except perhaps of holding an opinion not in coincidence with the action of this Convention. This amendment will apply to Union Judges as well as to Judg- es with Southern proclivities. But this lever will not be brought to bear upon those who are known to be Union men. They will be recog- nized. But wherever the sentiment of the peo- ple isoboxious to the sentiment of the Conven- tion, there men will be appointed to fill the offices of the people, and receive their money raised from the people by taxation. Are we gone so low, sir, as to tolerate such a thing in this Sfate? I apprehend not. I believe I know the sentiment of the people of Missouri; I be- lieve I know the people of my district, and I believe they are disposed to conform their ac- tion to the laws of the country and to the ge- nius of our institutions ; but I believe they are not prepared to have a monarchy foisted upon them and to succumb to it : and while I would not advise any thing of the kind, yet it w r ould be impossible to restrain the people in their madness growing out of an outrage of this kind. We have heard of an attempt to remove from all parts of the State these guerrilla parties, instituted by the Federal Government and the Jackson dynasty, and my voice will still be raised for that laudable purpose, and my vote shall always he cast to remove from the peo- ple all causes that may be calculated to induce outbreaks. Now, I am willing to lop off all useless offices that we do not stand in need of ; but if we vacate certain offices, I am not will- ing that they shall be filled by the Governor, but by the people. What have the people done to stultify themselves? What have the people done to show that they are incapable of filling their offices? Sir, I say we had better pause in our career ; we had better withhold the hand of devastation. We should scatter as few irri- tating causes among the people as possible. I am the more surprised at the proposition com- ing from the quarter it does. I suppose it meets the concurrence of the committee of which the mover was a member. I hope, how- ever, the amendment will be voted down. Mr. MCFERRAN. I am sorry to find the gen- tleman is disposed to argue this matter wholly upon assumption. The gentleman began by assuming that the matter was already cut and dried, and would pass of course ; overlooking entirely the fact, that the committee which re- 77 ported the measure consisted of five members, and that this amendment is offered by but one, the other four concurring in the report as of- fered by the committee. I regret that he has indulged in such a course of argument. To as- sume that a matter is already determined is a poor sort of argument. I do not purpose, sir, to argue the matter. It is before the Conven- tion, and they, no doubt, fully understand the subject ; and, for my part, I am perfectly will- ing to let the Convention vote upon it, and hope a vote will be taken without further discussion. I therefore move the previous question. Motion sustained. The gentlemen explained their votes. Mr. BROADHEAD. I think all we do will amount to nothing unless we adopt this propo- sition. I am opposed to any half-way work, and I was in favor of this proposition last spring. I am opposed to binding the traitors of the country by test oaths. I know as a matter of fact that nine-tenths of the officers of the State Legislature were traitors, and I am therefore in favor of wiping them out. If we have not got the nerve to do it, then we have not got the power to do any thing. This cry of stirring up an animosity among the people cannot deter me from doing what I consider right. These men who cry so, and who are so perfectly horrified, are the very men who have been permitted to break the peace of the coun- try, instigated and led on by the very officers we propose to turn out men who have no sympathy for the great cause in which we are engaged. If we can not do that, then we can not do any thing ; unless we cut the evil up at the roots, it is useless to do any thing. With- out undertaking to argue the question, I will merely ask that a memorial which I have here, signed by the members of the United States Grand Jury, be read. It is the voice of the Union men whom I have heard speak in all parts of the State. The Clerk then read the memorial. Mr. BRECKINRIDGE. I find myself some- what embarrassed by the fact that I happen to be honored with two offices. In addition to being a member of this body, I am also one of the judicial officers in the county in which I live. I trust, sir, even if I do hold an office which is stricken at by this ordinance, that I may give my views upon the matter without incurring the suspicion that I have any per- sonal interest in the premises. So far as I am concerned myself, I certainly. have none what- ever. I have not even thought the honors of the Judiciary so weighty, or the emoluments so great, as to cause me to desire to retain those honors or emoluments. But I am con- strained by my judgment, in regard to what I deem best calculated to meet the demands of the present crisis, to say that I do not think the action proposed by this amendment neces- sary I do not think it necessary or wise. I think the present need of the State requires that certain State officers should swear to support the constitution of the United States ; that they should be required to be loyal, and that when it is ascertained that they are not loyal, then their official life should cease. I think the pro- visions of the ordinance reported by the com- mittee peculiarly fortunate in reaching direct- ly at the matter, and I am therefore in favor of it. Mr. STEWART. I am in favor of ousting ev- ery officer who is not loyal. My friend from Monroe (Mr. Ho well) thinks it would be hard to discriminate between those who are loyal and disloyal. For myself, I rather prefer to see the application tried. The amendment offered by Mr. Broadhead was then rejected by the following vote : AYES Messrs. Broadhead, Gantt, Hender- son, How, Isbell, Johnson, Leeper, Maupin, Meyer, and Turner 9. NOES Messrs. Allen, Birch, Bogy, Breck- inridge, Bridge, Douglass, Eitzen, Gravelly, Hall of Buchanan, Hall of Randolph, Hen- dricks, Hitchcock, Holmes, Howell, Irwin, Jackson, Jamison, Linton, Long, Marvin, Mc- Cormack, McDowell, McFerran, Noell, Orr, Phillips, Pipkin, Pomeroy, Rowland, Smith of Linn, Smith of St. L., Stewart, Tindall, Welch, Woolfolk, Wright, Vanbuskirk, Zimmerman, and Mr. President 40. The amendment offered by Mr. MCFERRAN was then taken up. Mr. HALL of Randolph, in explanation of his vote, said : I wish to state some of the reasons influen- cing my action upon this amendment, and the proposition to which this is an amendment. You are fixing a test oath for the faithful dis- charge of the duties of an officer, which is not a test, and which experience shows has not been a test. Every one of these officers have taken the oath, and some of them it has been said, many of them have violated the oath; and now, for the purpose of making them dis- charge their duties, you are going to require them to swear over again. If they have alrea- dy violated the oath, then we have no reason 78 to suppose that they will not do it again. You are presenting as a test, that which every day's experience shows is no to.-t; ;.nd if every offi- cer chooses to take that oath over again which he has already violated, he can do so and be unfaithful still ; he will only add to the guilt of his perjury. I desire we shall act in regard to thonx and detaining a citizen, it should be claimed to try and execute him by martial law, which is not tolerated in En-land, nor in any country except where des- potism reigns. "This doctrine of necessity, which at one time is said to abrogate the Constitution and all law, and at another to justify the invasion of a part of freemen's privileges that the rest may be preserved, has long been known as the tyrant's plea. It is not tolerated in England, no matter what may be the distemper of the times ; and while it is palpably incompatible with the prin- ciples of American freedom, it is also directly met and expressly denied by constitutional provisions. "The country may, in consideration of great services, and upon atonement made, excuse the individual who has violated these principles ; but whenever they yield submissively to the invasion of these rights whenever they are pre- pared to admit the tyrant's plea they are Jit only to be the tyrant's slaves." Mr. President, that is the mode in which the Congress of 1842 sanctioned and justified the right of a military commander to declare martial law. My colleague says martial law was dis- cussed on the passage of the bill, with its magi- cal title, and after full debate it passed, with the title appended. True ; but how discussed and by whom ? Martial law was discussed and de- nounced by the discussion. Out of the whole body ot Congress, including both Houses, not five Senators or Representatives ventured to vindicate the right. The report in the other House took similar ground in favor of refund- ing the money, but against martial law, Chas J. Ingersoll, then a member of the lower House, was one of the few who rose in justi fication of the right of the General to declare martial law. He is the same gentleman who was afterwards crucified by Webster. Dissat- isfied with the action of Congress because it did not justify GeneralJackson, he subsequent ly wrote a pamphlet to supply the vindicatior which Congress refused to make. It is an elaborate essay, in which he assails the Bench of England and America as unreliable enuncia tors of constitutional doctrine upon the subjec of martial law in both countries. To constru* the action of Congress by the ambiguous till of a bill into a justification by them of martia law, in the face of their clear and solemn ac tion to the contrary, would falsify history. 7 We started, sir, in the Declaration of Inde- >endenec, with a denunciation of martial law, and, until the unhappy inauguration of the >resent Administration, in the whole course of our history no department of our Government executive, legislative, or judicial has ever given its sanction to the principle The hammer of the President fell, the hour laving expired, when Mr Wright resumed his seat, expressing the hope that on another occa- sion he might find an opportunity to continue his reply. Mr. TINDALL said he should vote for the motion to strike out the provision in regard to drafting. Mr. McFERRAN. I deem this provision, which it is proposed to strike out, important. I hope the Convention will not refuse to give the Governor the power to draft, if it shall be found necessary in order to maintain the Gov- ernment. It is a matter of the first importance and of the greatest propriety that the Gover- nor should have this power to draft. What is the use of making our Government a play- thing in the hands of those who inaugurated this rebellion ? Mr. WOOLFOLK. Is the gentleman willing to draft secessionist* and put arms in their hands ? Mr. McFEHRAN. I hold that if our people refuse to do their duty, they should be compel- led to do it j and if the Governor is of opinion that drafting will be necessary, I am willing to give him the authority to draft. I do not expect he will resort to drafting unless it is necessary; and if it is necessary, we shall have no right to know secessionists from Union men. I therefore move the rejection of the amendment. Mr. FOSTER. There seems to be a difference of opinion in regard to striking out this pro- vision to draft. I look at it in this light : that if we can not get men to enroll in the service voluntarily, it is utterly idle to talk of forcing them to fight against their will. My opinion is, if you want to trammel the action of the people, you can best do it by refusing to adopt this amendment. The people of this State claim to be a loyal people; and I believe they will come out and defend themselves, their wives and children, from Jackson's despera- does, if an opportunity to do so is offered them. I hope we shall never have to resort to the drafting of secessionists. If the Union men will not take up arms and defend themselves, then I say jet the secessionists rise up and drive 98 them out. GOD save me from all Union men who are willing to keep still and let the contemptible scoundrels under Price and Jackson rise up and shoot them down like dogs ! I do not desire to assist such men. I don't want this resolution to pass, because I don't want the American arms disgraced with drafted secessionists and cowardly Union men. We have got the material in Missouri, and could have brought these trouVes to a close long since, if the Government had only placed arms in the hands of the Union men. Therefore I hope you will not bring dis- honor upon our arms by adopting this amend- ment. The vote on the amendment was then taken, but, a quorum not being present, the Conven- tion adjourned. SEVENTH .D .A. Y. THURSDAY, October 17, 1861. Met at 9 A. M. The Military Bill was taken up. The amendment to strike out the words " or draft if necessary," in the third section, was considered. Mr. ALLEN said, under ordinary circumstan- ces he believed that the bill should contain that provision ; but under the present extraordina- ry condition of affairs, he was satisfied if the Governor should attempt to draft citizens of this State it would have a bad effect. In addi. tion to this, he was satisfied there was a suffi- cient number of citizens who would volunteer under the Governor's call, provided they could have the assurance of being armed and equip- ped. Mr. LONG said, in explanation of his vote, under ordinary circumstances he was in favor of the policy of drafting, but at present he doubted its efficacy. Mr. STEWART said he knew the Union sen- timent of this State was big enough and earn- est enough to volunteer to protect the Consti- tution of the United States and of this State. He was in the military line himself, and he ex- pected to kill out this heresy of secession. He believed the best way to do it was to put guns in the hands of Union men, and let them co- operate with the General Government. He did not want to have any drafted men under him ; they could not be depended upon. The amendment was then adopted ayes 32, noes 13. Mr. ORR moved to strike out sections 15 and 16, and insert a provision that each company shall be allowed to elect its own officers. He presumed the Governor might make good se- lections, yet at the same time he might pick out drunkards and incompetent men ; he was therefore in favor of allowing each regiment to elect its own officers. Mr. HITCHCOCK said experience had shown that the plan proposed by the gentleman was not a good one. If the gentleman's objection had any force, it was to the effect that the Gov. ernor might select unacceptable officers. He apprehended there was no force in the objec- tion. There was more probability that the Gov- ernor would appoint acceptable men than that he would not. This matter had been fully test- ed at Washington, and it was a fact that the offi- cers who were first chosen by the men were being sifted out, and officers who have been se- lected appointed in their places. The reason for this was, that the officers selected were more competent. When men select officers, they generally select those who are incompe- tent for the particular duties of military life ; because those qualifications which recommend a man politically or socially, and render him popular with the masses, are by no means the proper qualifications for a military officer. Mr. STEWART agreed with the gentleman. They might have drunkards and fools placed in command where the men were allowed to make their own choice. He believed with Bo- naparte, that a mistake in war was worse than a crime. He thought drunkards and fools had been placed in responsible positions which they had no right to hold ; and he was for cleaning them out. He would never serve unless he could have a competent man as a commander a man who had always stood under the old flag. 99 He was in favor of those men who fight for lib- erty ; but d n secession anyhow. Mr. WELCH said the loth section, proposed to be stricken out, was the only section which provided for the offices of Major General and Brigadier General. Did the gentleman from Greene propose to have them elected ? and if so, how ? Mr. ORR said he supposed it would be the duty of the Governor to collect all the forces together, and then they could elect their own officers. Mr. GANTT said one blow had been stricken at the efficiency of the bill, and if this amend- ment was passed there would be nothing left for them but to bury it decently. His colleague (Mr. Hitchcock) had spoken truly. Those re- giments which enlisted for three months, and were now in for the war, had sought the first thing to get rid of the officers whom they elec- ted. The result of allowing men to elect their officers was to endanger the efficiency and dis- cipline of the soldier. Mr. SMITH of Linn offered an amendment to the fifteenth section, authorizing the compa- nies of the regiments to elect their Colonel, Lieutenant Colonel and Major, and allowing the Governor to appoint the Major General and Brigadier General. He was in favor of allow- ing the men to select the three officers named. As a general thing, he thought their selections had been as satisfactory as the appointments. The amendment was offered as a substitute for Mr. ORR'S amendment, and was rejected. Mr. ORR'S amendment was also rejected. Mr. PHILLIPS moved to amend the fourth section by inserting the word " lawful," so as to have the provision read "will well and truly execute and obey all lawful orders." Adopted. Mr. ORR moved the previous question. Objection was made. Mr. ORR said he did not want to be discour- teous, but he was himself cut off yesterday by such a motion. Upon solicitation, however, he withdrew the motion. The bill was then considered by sections. Mr. WELCH moved to strike out the second section. Lost. Mr. TINDALL offered an amendment to the fifth section, " that any 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." Adopted. Mr. TINDALL also offered an amendment to section 31, which is as follows : "And it shall be the duty of the Commander in Chief to authorize some member of the staff department, or some other agent whom he may appoint for the purpose, to proceed to such places in the State as may be necessary, and examine into the expenses incurred in the preliminary assembling and organization of companies, the procurement of arms, the furn- ishing of supplies, and the necessary expenses incurred 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 may be presented to him, allowing such as he may deem just, and reject- ing those found to be unjust. He shall report his proceedings 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 respect to any such claim as to justify him in certifying it to the Quartermas- ter General for payment, as hereinbefore pro- vided." Agreed to. Mr. TINDALL also offered an amendment to section nine, defining the number of battalions which should compose a regiment, as follows : " A battalion shall consist of not less than two nor more than five companies, and a regi- ment shall consist of not less than two nor more than three battalions. Each regiment shall have one Colonel, one Lieutenant Colonel, and three Majors." Mr. TINDALL thought it was necessary to have more Majors in the volunteer service than in the regular service. Mr. MCFERRAN was of the same opinion. The description of service in this State was such that the adoption of this amendment would be of great benefit to it. Mr. GANTT thought the amendment would only incur an additional expense. He took it for granted that every gentleman must see that the chances of their being able to to defray the expenses out of the State treasury were small; and if they expected to get the expense de frayed by the United States Government, he thought they had best allow the section to stand in its original shape. Mr. FOSTER thought that the amendment was in conflict with many things which they had already agreed to. Mr. TINDALL then withdrew his amend- ment. 100 Mr. BIRCH said he had been instructed by the Committee on Ways and Means to offer the following as an amendment to the bill : AN ORDINANCE TO PROVIDE FOR THE DEFENSE OF THE STATE. Be it Ordained by the People of the State of Mis- souri, by their Delegates in Convention assem- bled, as follows : That in order to facilitate the prompt and regular acknowledgment of such indebtedness as may accrue under the provisions of the or- dinance " to provide for the organization and government of the Missouri State Militia," in cases where no money may be at the time avail- able for the payment thereof, the Auditor of Public Accounts shall cause to be prepared warrants 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 thou- sand dollars, making the amount in dollars of each denomination equal, and the whole amount not to exceed one million of dollars which warrants shall be signed by the Auditor, and countersigned by the Secretary of State, and shall be registered in the offices of the Au- ditor and Secretary of State. The following shall be the form of said warrants before being filled up: THE STATE OP MISSOURI promises to pay to , or to his assignee, dollars, and this Warrant shall be receivable in taxes due the State, and the Bank Stock owned by the State is pledged for its redemption if it shall not be paid in for taxes before the thirty-first day of De- cember, eighteen hundred and sixty-two. (COUNTERSIGNED,) , Auditor. , Secretary of State. The warrants shall be delivered to such per- sons as the State may be indebted, whether for services, subsistence, forage, clothing, transportation, or other necessaries furnished according to law to the troops in the service of the State ; and in order that such acknowledg- ments may be made, the Auditor shall issue to any disbursing officer of the State Militia, upon the order of the Governor, such amounts as may be required for the public service the warrants so issued having the blank for the name of the 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 officer receiv- ing such warrants from the Auditor shall give his duplicate receipts therefor, 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 disbursing officer shall be charged by the Auditor with the amount of warrants so issued to him, and shall settle with the Auditor there- for 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 January, in the year eighteen hundred and sixty-two. The disbursing offi- cer paying out a warrant to a creditor of the State, shall indorse on such warrant so paid the statement that he issued it, and sign his name with his style of office, as thus " This warrant issued by me, , Quartermaster General" and shall be taken up or redeemed by said Quartermaster with money, whenever he may be furnished with it for that purpose. The Treasurer shall receive from each Col- lector of taxes, upon settlement, such warrants as may have been paid in to him for taxes, and shall give him credit therefor as cash ; and any Sheriff or other Collector of taxes who shall, directly or indirectly, be concerned in the pur- chase of such warrants at a discount upon their nominal amount shall be guilty of a misde- meanor, and upon conviction thereof shall be fined double the amount of the warrant so pur- chased. At the end of each fiscal year, the Secretary of State, Auditor and Treasurer shall together compare the warrants that may have been paid into the treasury for taxes with the register in the offices of the Secretary and Auditor, and if it be found that such warrants are genuine and correspond with the register, and that there is no reason to believe that fraud has been practiced upon the State in relation to such warrants, they shall destroy those thus redeemed ; but if they find that any fraud has been practiced, they shall preserve the war- rants which may have been fraudulently is- sued, altered, counterfeited, or used, to be evi- dence in any judicial proceeding. Mr. HALL of Buchanan said it was important that this should be carefully considered. Mr. BRECKINRIDGE here stated that he was informed by the authorities that this Hall would be required for another purpose this evening, and that the Convention would be compelled to vacate it at an early hour. Mr. GANTT thought they hud better continue in session till three o'clock. Mr. BROADHEAD said there was an import ant objection to this whole proposition [mean- ing the amendment of Mr. BirchJ. If he un- 101 derstood the reading of the form of the certifi cates, they would be nothing more nor less than bills of credit, and they would override the Constitution of the United States, and would result similarly to the old " loan office ' system, which the gentleman would probably renu'mber. Mr. BIRCH said it was in no sense a bill of credit but a mere acknowledgment of indebt- edness on the part of the State. He wished to remark tlat this was about the best thing the Committee of Ways and Means could do. They had had several long sessions, and this amendment had been reported by the unani- mous concurrence of the committee, with the exception of the gentleman from Cooper, (Mr. Douglass,) who had some constitutional objec- tions to it. Mr. HENDERSON arose for the purpose of requesting the gentleman to withdraw his amendment. At present, the subject requiring the attention of this body was the passage of the Military Bill, and, at the same time, pro- vide some means for subsisting and equipping an army, which this bill*proposed to raise. He believed it was evident from the remarks made by the gentleman from St. Louis, (Mr. Broad- head,) that if the proposition of the gentleman from Clinton was adopted it would avail noth- ing. He thought, at any rate, it ought to be withdrawn for the present, as it was out of order. The gentleman could not, as the repre- sentative of a committee, offer an amendment. The PRESIDENT decided the amendment out of order. Mr. FOSTER offered an amendment to section nine, that a battalion shall consist of not less than two nor more than five companies, and shall be entitled to one Major; and a regiment shall consist of not less than eight companies. Rejected. Mr. HALL of Randolph said he wished to of- fer an amendment as an additional section. He offered it for the reason that he apprehended the Convention could not retain a quorum long enough to give due consideration to the amend- ment which Mr. Birch would undoubtedly in- troduce in the shape of an ordinance. In the event that they found it impossible to act upon the subject, he proposed to offer an amendment which would leave the bill in a shape in which it could be used. The amendment would au- thorize the Governor to issue certificates to those to whom the State may become indebted, and for the redemption of which certificates the faith and credit of the State should be pledged, and each certificate may be'Ysde'enved oiii'of any funds the Governor in ay reooiv> /or such purpose, and the ton-il bViit'of such :'cni,: shall not exceed $1,000,000. Mr. GANTT thought it was not wise for them to encumber the bill with any amendments of this sort. He believed it should be brought up in a separate form. The PRESIDENT decided the amendment out of order. Mr. HOWELL said he should vote against the bill, because he thought it was a species of legislation into which it was not proper for them to enter. Mr. ORR said he should vote against it be- cause he did not know anything about the ar- ticles of war. Mr. SOL. SMITH said he should ask to be ex- cused from voting for the same reason. He remembered that the articles of war attached to Tom Harris' bill met with general condem- nation, and he would not take the responsibility of voting for them until he had read them. At the same time he did not wish to raise any captious objection to the measure. Mr. STEWART said he should vote for the bill because he did know what the articles of war were. The bill was then passed ayes 43, noes 8 Messrs. Howell, Orr, Sayre, Hudgens, Wool- folk, Smith of Linn, Pipkin, and Welch, voting in the negative. Mr. How, from the Committee on Ways and Means, presented a report to the effect that the committee had been unable to agree upon any measure for postponing the collection of debts and taxes through the State; and asked to be discharged. They also asked to be discharged from the consideration of the resolution con- cerning the confiscation of property, believing that the act of Congress went far enough on that subject. They also asked to be discharged Tom the consideration of the petition from the 'arious Railroad Companies, as they deemed t inexpedient to enter further into general egislation. Mr. SOL. SMITH desired to offer an ordi- nance to prevent the sacrifice of real estate, jut was decided out of order. Mr. HOWELL moved that the report be re. committed with instructions to report an ordi- nance to postpone the collection of the State taxes for the present year. Mr. GANTT moved to lay the motion on the table. Agreed to ayes 33, noes 19. 102 The report of the Committee on Ways and Me an 3 Wi*? then agreed to., Mi . LhViCii.tl'c.n. introduced his amendment, previously offered to the Military Bill, in the shape of a separate ordinance. Mr. PHILLIPS moved to lay it on the table, and have 100 copies printed. Mr. GANTT. And made the order of the day when ? Mr. PHILLIPS. To-morrow at 10 o'clock. Mr. BIRCH. I think we ought to get through to-night. Mr. GANTT. I hope so, by all means. Mr. STEWART. I want to know, inasmuch as we are all military men, and can't have this house, if we can't camp out for a time ? Mr. PHILLIPS' motion was then sustained ayes 20, noes 19. Mr. HENDERSON then reported the follow- ing bill : AN ORDINANCE TO PROCURE MONEY FOR THE PURPOSE OF REPELLING INVASION AND SUP- PRESSING REBELLION IN THIS STATE. Be it ordained by the People of the State of Mis- souri, by their Delegates in Convention assembled, as follows : 1. For the purpose of arming and supporting the militia of the State, and Avith a view to protect the lives and property of its citizens, the Governor 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 after 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 Commerce, in the city of New York, or at such other point as the Governor may deem expedient. 2. Said bonds shall be issued under the seal of the State, in sums of not less than two hun- dred nor more than five thousand dollars, shall be signed by the Governor, and countersigned by the Secretary of State. The interest cou- pons shall be signed by the Governor, and at- tested by the Auditor of Public Accounts, and shall be made payable on the first day of Jan- uary and the first day of July of each year. The bonds aforesaid shall be made payable to the Auditor of Public Accounts, and by him numbered and registered in his office. 3. The Auditor shall indorse said bonds, and deliver the same to the Governor, who is here- by authorized and empowered to negotiate the same, upon such terms as he may deem best for the interests of the people 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 solicit the indorsement of said bonds by the proper authorities of the Federal Govern- ment previous to their negotiation. 4. All bonds issued under the provisions of this ordinance shall be denominated " UNION DEFENSE 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 money coming into the treasury, on account of the revenues of the State. 5. In order to secure the ultimate redemp- tion of the aforesaid bonds, it is hereby ordain- ed 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 addition to the tax which shall or may then be levied by the laws of the State, fif- teen cents on the hundred dollars of taxable property for each of the years aforesaid, in their respective 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 Defense Fund." During the years 1870-71 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 Legis- lation of the State at that time, which said license tax shall in like manner be paid into the treasury, to the credit of Sixid fund. And upon the maturity of the bonds, hereinbefore provided for, the Governor and Treasurer of the State shall cause the same to be redeemed out of the fund herein created. 6. The said tax shall be collected in the same manner as may at the time be provided for the collection of the revenue of the State : And the several officers charged with duties in respect to the collection of the general reve- nue, shall have the same powers and privi- 103 leges in respect to said special tax, and liable to the same penalties and forfeitures for failure to perform their respective duties. 7. The Governor of the State is hereby au- thorized to borrow, in addition to the amount named in the first section of this ordinance, and for the purposes aforesaid, the further sum of one million dollars, and to issue bonds to that amount in sums of not less than ten nor more than five hundred dollars, the same to be signed and attested as hereinbefore mentioned, and made payable to the State Auditor, and by him registered and indorsed. 8. Said bonds shall be issued without inter- est coupons, and shall be divided into four equal divisions of two hundred and fifty thous- and dollars each : The first division to become due and payable at the office of the State Treasurer in Jefferson City, on the first day of February, 1863, and to bear interest at the rate of five per cent, per annum from the date thereof; the second division to become due and payable on the first day of February, 1864, at the office of the Treasurer as aforesaid, and to bear interest at the rate of six per cent, per annum from date till paid ; the third division shall become due and payable as aforesaid on the first day of February, 1865, and shall bear interest at seven per cent, per annum from date till paid; ihe fourth division of said bonds shall be made payable as aforesaid on the first day of February, 1866, and shall bear interest at eight per cent, per annum. The first divi- sion of said bonds, with the interest thereon, shall be receivable for taxes and other demands due to the State, for the year 1862, or any sub- sequent year ; the second division shall be re- ceivable in like manner for the year 1863, and thereafter; the third division for the year 1864, and thereafter ; and the fourth division for the year 1865, and thereafter. 9. The several Collectors of the State rev- enue shall receive the bonds so issued, to- gether with the interest due thereon at the time of receiving the same, for all taxes and revenue due to the State, in the order named in the preceding section. The Collectors shall take receipts on the back of each bond, signed by the party presenting the same, for the amount of the bond and interest due thereon, up to the date of payment; and any Collector who shall be guilty of fraud in stating the amount due as aforesaid on any bond or the date of receipt thereof, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by impris- onment in the county jail not less than three months, or by both such fine and imprison- ment. 10. The Treasurer of the State shallreceive from the several Collectors of the State reve- nue, for the several years herein specified, all bonds so paid by them, and shall credit them with the amount as shown by their receipts. The Treasurer shall keep a separate account of all such bonds so received into the Treasury, and shall report the same to each regular ses- sion of the General Assembly. 11. For the purpose of securing the ultimate redemption of the bonds provided to be issued by the 7th section of this ordinance, it is or- dained that the stock owned by the State in the Bank of the State of Missouri, is hereby pledged. The bill was laid on the table, ordered to be printed, and made the special order for to-mor- row at ten o'clock A. M. Mr. WELCH offered a resolution, that the ordinances changing the time of holding the election and abolishing certain offices, be pub- lished in the newspapers throughout the State, under the same rule providing for the publica- tion of the laws passed at Jefferson City in July last. Mr. BRECKINRIDGE moved to include all the ordinances passed by this Convention. Mr. HOWELL moved to lay the motion on the table. Adopted. Mr. WELCH'S resolution was then agreed to. Mr. MCFERRAN, on leave, changed the title of the bill abolishing certain offices, so as to make it apparent from the title that it offered an amnesty to all those who chose to return to allegiance to the United States. Mr. MCFERRAN, from the Committee on Civil Offices, reported a bill repealing the bill establishing the St. Louis County Legal Record and Advertiser. Mr. HALL of Buchanan moved to lay the bill on the table. Mr. FOSTER asked for information, if this was the Niedner arrangement. The PRESIDENT replied in the affirmative. The vote was then taken. Mr. PHILLIPS said, as one of the committee 1 reporting this bill, he wished to say it did not meet with his concurrence. However much he might be opposed to the means by which this paper was brought into existence, however much he might condemn the practice of the Legislature in prostituting the machinery of 104 * legislation to the low purpose of propagating treason; he did not think it came within the legitimate object of this Convention to enter into any such special legislation. It would involve'us in interminable difficulties. Mr. STEWART was opposed to any special egislation. He thought the object of this Con- vention was to settle great fundamental princi- ples. The motion to lay the bill on the table was then lost by the following vote : AYES Messrs. Douglass, Gravelly, Hall of Buchanan, Henderson, Hendricks, Howell, Jamison, Johnson, Noell, Pipkin, Pomeroy, Rowland, Sawyer, Shackeiford of St. Louis, Stewart, Tindall, Welch, Woolfolk, Wright, Vanbuskirk, and Mr. President 22. NOES Messrs. Allen, Birch, Bogy, Breck- inridge, Broadhead, Bridge, Bush, Eitzen, Fos- ter, Gantt, Hitchcock, Holmes, How, Irwin, Isbell, Jackson, Leeper, Linton, Long, Mar- vin, Maupin, McCormack, McDowell, Mc- Ferran, Meyer, Orr, Smith of St. L., Turner, and Zimmerman 29. EXCUSED Mr. Smith of Linn. Mr. GANTT then offered an amendment to the bill, striking out the second section, which, he remarked, contained the virus of the law. If the second section were stricken out, it would leave parties at liberty to advertise in any paper they chose, and thus destroy the monopoly. Mr. STEWART moved to adjourn. Lost. Mr. McFERRAN was advised the amend- ment was proper, and he therefore accepted it. Mr. BIRCH said striking out the second sec- tion would abrogate the contract which the State had entered into as much as the repeal of the whole bill. Mr. GANTT did not think so. There is an agreement in which he proposes to print all sales. Suppose he does ; suppose he says, "I will print whatever anybody else does." But suppose the State declines to give him a mo- nopoly, and leaves him standing exactly upon the same obligation which he does now ? Mr. WRIGHT said he did not think this a subject worthy the consideration of the Con- vention. He would suggest this difficultj^ : the bill abrogates a contract which Avas entered in- to by the Legislature for ten years with Nied- ner, who proposed to do a certain amount of business for a certain time. If the Legislature had power to make such a contract you cannot get rid of it the hand of Omnipotence cannot get rid of it. This body has no power to dis- solve a contract which you and I have made, and it seems to me when you attempt to strike out the virus of the second section, as the gen- tleman from St. Louis termed it, you are aim- ing at an effort to break down a contract which the Legislature had power to make. Mr. BRECKINRIDGE. I voted against the proposition to lay the bill on the table for two reasons. It occurred to me that if the ordi- nance were adopted, it needed amendment to give it efficiency; and my rule in such matters as that is, unless I think an ordinance is utterly unworthy a moment's consideration, to give the friends of it, as far as I can, an opportunity to perfect it, and then fairly consider it. I can not, however, vote for this ordinance. I think this bill, which has been made the subject of great discussion in the papers here and through- out the State, and which was passed by the last Legislature, altogether indefensible. I think it should never have been passed. I think it should, at the first proper moment, be repealed. But, sir, after a good deal of careful thought, it seems to me it is not proper for this Convention to undertake to enter the field of legislation any further than the actual condi- tion of affairs, in reference to the vital objects for which it was called into being, requires. One word as to the report of the committee. Notwithstanding the general distress in the State on account of the present condition of af- fairs notwithstanding the difficulty of paying taxes and debts I think this Convention ought not to interfere ; not because they could not do good by interfering, but because it is not within the province of this Convention. Now, if we were to undertake to repeal one law because it is objectionable, it seems to me I could find half a dozen liable to the same charge not so odious, perhaps, but very un- just ; and I could make appeals to the Conven- tion, and perhaps convince gentlemen they should be repealed. Let it be understood, how- ever, that I vote against this, not because I think the Convention has no power to pass upon it, for I do ; not because I do not con- sider this bill a stain upon the statute book, for I do; not because I do not desire to see it repealed, for I do but because I think, if we adopt this ordinance, we change the rule adopted by this Convention not to enter into special legislation, and in so doing we should be compelled to remain here a long time in le- gislating upon matters not properly within our province. 105 Mr. BROADUEAD. I consented reluctantly to the report of this proposition, because I had not had an opportunity to examine it. It was not submitted to the committee for consideration; but when it was presented to me, a few moments ago, as a member of the committee, I consented that it might be reported. Having been brought up so suddenly for the consideration of the Convention, I have only been able to give the law a very hasty examination, and from that examination I doubt whether we have the au- thority to pass the ordinance, and I can not well see that the amendment remedies the dif- ficulty. The question is whether the act pro- posed to be abrogated, in addition to being a law, is not also a contract made between the State of Missouri and an individual; if so, we have no power to annul that contract. I know it is an infamous law, and if we are to go into the matter of revising and correcting all the bad laws passed by that most unscrupulous and treasonable Legislature, I should like to see them all blotted from the statute book; but if such action would contravene the provisions of the Constitution of the United States, then we have no power to repeal it. The subject re- quires a more careful consideration than I have been able to give it. Mr. FOSTER. In casting my vote, I desire to say this : It is strikingly strange to me to have gentlemen get up on this floor, with whom I have been voting heretofore to abrogate laws passed for the express purpose of taking the State out of the Union, passed for the purpose of promulgating treason through this land. I say it is strikingly strange to me to hear those same gentlemen object to the repeal of the law which my friend has truly designated as a stain upon the statute book a law that was brought into existence by that same contempti- ble knownothing Legislature last spring. The Legislature had no right whatever to make any obligation to support a man whose sole object was to spit out his poisonous venom and trea- sonable language broadcast over the State. And yet men declare they have conscien- tious scruples about meddling with any such detestable imposition. Now when they attempt to declare that the Legislature had power to pass such a law and make such a contract, I claim that we are a body with more power, and that we have the right to repeal this just as much as we had a right to repeal other laws. I would most cheerfully, and with as clear a conscience as any man coming from North Mis- souri can have, wipe out all those outrageous measures ; and I think St. Louis should be fa- vored in this respect. When a man publishes treason in the county of St. Louis, and sends it broadcast through the State, I desire to wipe him out ; and I want to meet the traitor, indi- vidually or collectively, in .St. Louis or wher- ever he may be, and visit upon him that con- dign punishment which he so richly deserves. I have no hesitancy in voting to wipe out this paper which has been publishing treason. I desire to have the paper extinguished, and not to impose upon the loyal citizens of St. Louis the burden of a measure which compels them to support treason, and to support a traitor to his country and to his God. Mr. GANTT. It is a mistake which I think is excusable, on reading the preamble called the contract, to say that it is made the condition of that proposal that this man shall have the monopoly of the legal publications of this coun- ty. I would like any one who assumes this ground to take this preamble and see what ob- ligations it imposes on the State. Whatever these obligations are, we leave them alone. If such obligations are imposed on the State, let Niedner pursue the State and get redress ; but when he imposes on third persons the neces- sity of giving his sheet alone all these publica- tions, I hold we have the perfect right to repeal such a provision. Now I want to destroy this monopoly which is nowhere hinted at in the proposal ; and in the acceptance of the propo- sal there is no stipulation that he shall have a monopoly. I do not intend to vote in this Con- vention for any measure which will impair the obligation of a contract, if I know it; and for that reason I should have voted against the or- dinance which my friend from St. Louis intro- duced respecting deeds of trust. We have no power to do so. The United States Court has decided that no such power exists on the part of the Legislature, and this Convention is no more competent than the Legislature to contra- vene the principles of the Constitution of the United States ; and nothing of the kind is in- tended here. The proposal which Niedner makes is accepted ; but when it conies to im- posing upon the citizens of St. Louis, by com- pelling them to publish sales in his paper, it is no part of the contract It is not so declared ; it stands as an independent section ; and I say repeal it. Mr. HENDERSON. I have not had an oppor- tunity of examining the legal questions pre- sented by the two gentlemen who have prece- ded me, and therefore, so far as the objection 106 to this proposition is concerned, I cannot speak advisedly. I voted to lay the proposition on the table, not that I did not object to the law not that I have not said a great deal against the law not that I did not denounce it upon the floor of this Convention as an iniquity and an outrage, and as part and parcel of the great scheme adopted by the Legislature of Missouri to put the State out of the Union ; I have not only denounced it as such, but shall continue to do so. But if we adopt this measure, it seems to me we ought to adopt a great many others of a local character which I could name. It is unjust and aggressive on the people of this county; but, so far as the object of the Le- gislature was concerned that is, of putting the State beyond the power of the Federal Govern- ment that has been fully checkmated. I ap- prehend that no paper can be published here which will accomplish the view contemplated by the Legislature. If such a thing could be done, I would run the risk of constitutionality, and vote for it. Mr. MEYER. The people of St. Louis county demand the repeal of this ordinance, because it puts $25,000 or $30,000 in the hands of this publisher, and we are forced to publish our no- tices in other papers to get them before the public. If we repeal this section, it would en- ble the people to pay this money into the treas- ury of St. Louis county. Mr. HENDERSON. I wish to ask the gentle- man if the fees are any higher in this man's paper than any other. Mr. GANTT. No ; the idea is that this pub- lication does not inform the public, and the people are subjected to the extra expense of publishing in other papers. Mr. HENDERSON. I know the bill is an out- rage upon the people of this county ; but if we adopt this measure, the people elsewhere may call for the repeal of acts which operate unjust- ly upon them ; and if we take up this special legislation, we may be compelled to remain here, as a legislative body, for ninety days, to consider acts of this kind. "With this view, opposed as I am to the law, believing it to be an outrage, yet considering that the point made by Mr. Broadhead is a good one, I shall vote no. Mr. HITCHCOCK. I find myself most reluct- antly obliged, contrary to the impression I first had, to vote against this proposition. No one is more strongly impressed than I with the de- merits of the law granting Mr. Niedner the ex- clusive publishing of notices of sale in this county. It was an outrage, and I have always denounced it as such. It created a monopoly ; it was passed for treasonable purposes, and it has faithfully served those purposes. There is nothing whatever to be said in defense of the act. But while we are urged to repeal this sec- tion, in the interest of the people of this coun- ty, it is in the interest of that people, and to avoid : nflicting on them a greater evil, or the risk of one, that I am deterred from that vote. As a lawyer, I cannot but know that any meas- ure which unsettles the title to property, causes a large amount of trouble in the end. I know that if this section were repealed, those who had legal advertising to do, would still, as now, be composed of two classes the cautious, and the confident. The former, unwilling to risk the possibility of a mistake, or a decision against this action, would continue to advertise in this paper just as at this time, in conse- quence of a doubt thrown upon the character of this as a newspaper, many persons advertise sales under deeds of trust in this paper because of this law, and also in one of the daily news- papers of the city because of the provisions usual in such deeds for "advertisement in some ne*f?paper." Such persons would still adver- tise in this paper, and our action as to them would fail of its purpose. I should have no such doubt, but I speak of probable results. Others, confident that the repeal was complete and effective, would not publish in this paper. Sales would be made on that theory, and the question be thus opened as to the validity of such sales and the title which passed under them. It is evident that an amount of litiga- tion might thus be caused wholly unjust, and which, as I think, could result only in sustain- ing the validity of such sales, but which would in the end be a heavier burden upon the par- ties interested a very much heavier burden than is caused by the law as it now stands. For this reason, much as I regret to come to such a conclusion, I do not think it wise to take this action. The Legislature may here- after repeal this section, without encountering the same risks ; and it is better, in my opinion, that it be postponed, in the interest of the peo- ple themselves. There are other considerations which have been mentioned. I do not agree that this sec- tion is part of the consideration of the contract with Neidner, nor that to repeal it is to violate the contract. The power, I have not a shadow of doubt, the Convention possesses ; but I think the indirect result too serious, and must reluct- antly vote "no." 107 Mr. MEYER. I regard this bill as an outrage upon the people of St. Louis county, and I vote aye. Mr. LONG. As several constitutional law- yers have declared this law to be an outrage, I shall therefore vote aye. Mr. MCCORMACK. As some constitutional lawyers have declared this to be unconstitu- tional, I vote no. Mr. ORR. I learned a good idea the other day, from the gentleman from St. Louis Mr. WRIGHT. What is that? Mr. ORR. If you will wait long ere 'h you will find out and it was this: A coun AV'udge once went to Thomas Jefferson after s iS j in- formation, and Jefferson told him not l read any books at all. He said, " You ar j a man of sense, and should be governed byTOmmon sense." Now common sen^e dictates * hat such a law as this ought not to exist, and l ? gentle- men of the bar distinguished lawyers and judges all differ, I am still left, wh -re I first was, with common sense; and, guidt n 'by this, I shall vote in favor of the repeal of 4 "ihis bill. We are here to protect the institutions of the State, and one of those institutions is called the printing press. I shall vote that it be more liberally patronised than by giving one paper the publication of all these sales. Mr. TUI.NER. Since my connection with this body I have voted to repeal every one of the laws passed at the last session of the Le- gislature for the purpose of carrying Missouri out of the Union. I have voted to depose the Governor, Lieutenant Governor, and the Secretary of State, and I did so because I was told we had the power to do so; and, as a matter of course, we could repeal every law obnoxious to the people. I regard this la\v as one of a series passed by the Legislature for the purpose of carrying Missouri out of the Union. I regard it as infamous outside of that attempt. It is an imposition upon the peo- ple of St. Louis which the Legislature had no right to make. I can not see how, if we had the power to depose a Governor and repeal ev- ery law passed for a special purpose, that we have no such power to repeal this law. I think, sir, some of the gentleman's constituents will not appreciate the difference. I vote aye. The PRESIDENT. I feel disposed to follow the example that some of the gentlemen have set me, and explain my vote. This bill under consideration is an old acquaintance of mine, and I do not regard it as a contract by any means. I voted against the passage of this bill at the proper place, Jefferson city. It is a mistake to suppose that this bill was offered for the first time at the last session of the Le- gislature. The gentleman offered it at several previous sessions. I regard it as a bill highly improper. I will not use the language I em- ployed at Jefferson city in denouncing it; but it is sufficient for me to say that I did all in my power, as the gentleman who is present (Mr. Niedner) knows, to defeat the passage of that measure. A VOICE. He was present at that time, wasn't he? The PRESIDENT. Yes ; and it was passed. But never, during my connection with this Convention, have I voted for the abrogation of any law except such as affected the relation of this State with the General Government ; and I can not, at this late day, go into the re- peal of local statutes, because, if you repeal this hardship, there are a number of others, corporation acts, all over the State, that ought to be abrogated. If we give our attention to this description of legislation, we will be kept here for twelve months. People in all parts of the State have been imposed upon by local legislation ; and if we undertake to repeal these local acts, we shall have a very consid- erable job before us. Although there is scarce- ly any enactment more offensive to me than this, yet I am constrained to vote against its repeal for the reason I have given. The vote was as follows : AYES Messrs. Allen, Eitzen, Gantt, Holmes, How, Isbell, Leeper, Linton, Long, Maupin, Meyer, Orr, Smith of St. Louis, Turner. NOES Messrs. Birch, Bogy, Breckinridge, Broadhead, Bridge, Bush, Gravelly, Hall of Buchanan, Henderson, Hendricks, Hitchcock, Howell, Jackson, Johnson, Marvin, McCor- mack, McDowell, McFerran, Noell, Pipkin, Pomeroy, Shackelford of St. L., Smith of L., Tindall, Wright, Vanbuskirk, Zimmermann, Mr. President. The Convention then adjourned, for want of a quorum, to 10 o'clock to-morrow morning. 108 EIGHTH DA.Y. Met at 10 o'clock A. M. Prayer by Rev. Mr. McLAiN. Mr. WELCH offered the following resolu- tions, which were adopted : Resolved, That the President appoint a committee of three to contract with Messrs. George Knapp & Co. for the printing of five thousand copies of the debates and proceed- ings of the present called session of the State Convention, at rates not exceeding those here- tofore agreed upon between the Convention and said George Knapp & Co. at its regular session in March last. Resolved, That the account of George Knapp & Co. for printing five thousand copies of the proceedings and debates of the Convention be audited -by said committee ; and that the same be considered as printing for the Convention, and be paid for as other allowances of the Convention. Resolved, That the said proceedings be dis- tributed equally among the members of the Convention. The President appointed Mr. Welch, of John- son, and Messrs. Smith and Long, of St. Lou's. Mr. WELCH also offered the following, which was agreed to : Resolved, That the Committee on Accounts be directed to audit and allow the accounts for stationery purchased for the use of the Con- vention, and also the claim for the rent of the hall occupied by the Convention, and that said claims for rent and stationery be paid as other claims and accounts of the Convention. Mr. PIPKIN desired to be instiucted in ref- erence to auditing the accounts of members. He had audited them at five dollars per day and twelve cents per mile. There seemed to be an impression on the part of many that the re- cent bill passed by the Convention reducing salaries, applied to the members of the Con- vention, and that the mileage was more than twelve cents per mile. If there was to be any change, he wished to know it. After a brief discussion on the law relating to the amount of mileage to which they were entitled, the Convention instructed the commit- FRIDAY, October 18, 1861. tee to audit all accounts at five dollars per day and twelve cents per mile. Mr. BIRCH called up the bill offered by him yesterday, as chairman of the Committee on Ways and Means, stating that he had changed it in one or two particulars, so as to obviate the obje' ^ns which gentlemen entertained as to its pi n ious so-called unconstitutionality. Mr? S /ENDERsoN desired to have his bill read. | Mr. i 1 \NTT inquired whether the gentleman from P? e intended to substitute it for Mr. Birch's, bill. Mr. ' -iNDERSON said he did not ; he merely wished 1A o have it taken up. The Resident stated that Mr. Birch's bill was before the Convention. Mr. HENDERSON. I am aware of that, and I desire it to have precedence because it is re- ported by a committee. What I deeire is to add the first six sections of the bill 1 introdu- ced to the bill offered by Mr. Birch, leaving, of course, that portion of the ordinance 1 in- troduced, from the seventh to the eleventh sec- tion, out entirely. The design I had .in view in authorizing the Governor to issue a million of bonds in small amounts has, I think, been embraced in the ordinance introduced by the chairman of the Committee of Ways and Means (Mr. Birch). Hence, it will be entirely un- necessary to provide for the issue of a million of bonds as I provide, provided the ordinance introduced by the gentleman from Clinton, as chairman of the committee, shall receive the concurrence of the Convention. My idea and it seems to be the same that operated on the minds of the committee was to have some- thing in the shape of an evidence of indebted- ness to be issued to the disbursing officers un- der the military bill, and that could be used in payment of the debts due to the soldiers under that bill. That view was entertained by the committee. I must confess a difficulty pre- sented itself to my mind in drafting any ordi- nance on this subject. That difficulty is this : There is a prohibition in the Constitution of the United States preventing any State from issuing bills of credit. Upon the first presentation of 109 the ordinance by the gentleman from Clinton, it struck me that that ordinance was within the constitutional prohibition. I have exam- ined, however, the case which went up from Chariton county in this State, in 1830, and also a case in Kentucky, in 1837, and am inclined to think, after the examination of these cases, that the changes made by the gentleman from Clinton in this ordinance, this morning, mak- ing them transferable only by special assign- ment, when issuing them in payment of indebt- edness, will remove any defects which I may have imagined existed in the original bill. I do not think evidence of indebtedness would be any constitutional prohibition unless it be clearly designed to serve as a medium of ex- change. There are some objections to the ordinance as it now stands. I object to that portion of it which provides that these certifi- cates shall be receivable by officers in payment of taxes the present year, or any given year. It may be that $1,000,000 will absorb the taxes of Missouri for the next two years, and it may be advisable that a portion of the taxes shall be paid into the treasury in money. I make no objections to the gentleman's bill. I think, perhaps, the same objections exist to the fifth section of my ordinance that exists in his own. If his are denominated bills of credit, mine will be also ; the intention is to use them to pay indebtedness. The gentleman intends it, and so do I, and both may by some be regard- ed as bills of credit. But as they now stand I do no think they come within the constitu- tional prohibition. The gentleman proposes only $1,OUO,000 of these certificates shall be issued. Gentlemen are aware that $1,000,000 will go but a little ways towards paying the indebtedness that will soon accrue in arming and equipping the troops of this State that is, if any considerable number should be raised ; and I apprehend, although the power of draft- ing will not be resorted to and I am glad of it that there is every probability that volun- teers will rally to the standard of the State, and drive out the invaders from our soil j or, at least, more men can be procured than we can raise money for. It seems to me that a mil- lion of dollars is a small amount ; and if there should be a constitutional objection to the or- dinance and it should be remembered that we have the Supreme Court of Missouri to act (for gentlemen would not agree with me in the propriety of turning them all out because 1 am somewhat radical on this subject, I will admit) I say it should be remembered that we have left them to adjudicate upon the acts of this Convention j and that being the case, it is better to have some outside provisions upon which we can fall back. The amendment of Mr. Henderson was agreed to. Mr. HALL of Randolph proposed to add the remaining sections of Mr. Henderson's bill, from 7 to 11 inclusive, and to strike out that portion of the bill offered by Mr. Birch. He said, under the ordinance offered by the Com- mittee of Ways and Means the whole revenue might be absorbed, but under the ordinance pro- posed by the gentleman from Pike there could be but $250,000 of the bonds authorized or applied for any particular year, leaving a portion of the revenue to go into the State treasury in mo- ney. He thought great inconvenience and in- jury might result from having all the revenue paid in these certificates. That was the sub- stantial reason which controlled him in offer- ing this amendment. So far as the efficiency of both ordinances was concerned, he did not know any particular difference. His impres- sion was that the means to carry out this war would have to be furnished by the General Government. He understood means had been so furnished to other States, and also, to some extent, in this State. We must rely on the Fed- eral Government, for we are doing what it is the duty of the Federal Government to do j and he had no doubt the Federal Government would furnish the means to accomplish the object at which we aimed. Mr. McFERRAN proposed that the remaining sections of Mr. Henderson's ordinance be add- ed, but that Mr. Birch's be allowed to remain in statu quo. Mr. BIRCH said he understood the amend- ment proposed by the gentleman from Ran- dolph (Mr. Hall) was a substitute for the bill reported by the Committee on Ways and Means. He proposed to address himself brief- ly to that subject, and give the views which governed one member of the committee and he believed a majority in proposing the bill under consideration. We now had in the State $200,000 in the care of a disbursing agent, and to whom all such warrants as proposed by his bill would be presented and liquidated. His ordinance proposed, mainly, that the men now , fighting under our flag might be furnished all the necessary supplies. If the Government has not the money, he might have the means of furnishing these supplies by paying out these warrants; and these warrants may be 110 redeemed on Second street, out of the money provided by the Federal Government. This recognition of the services of the men would be best done in the manner proposed by his bill. If the General Government continued to furnish money, as it is its constitutional du- ty to do, these would be the best warrants in the State ; and so far as their being absorbed was concerned, he felt sure they would be reg- ularly redeemed on Second street. He had had transactions at the Government office this morning, and was familiar with the mode which he proposed. It might be advantageous to add the last sections of the bill offered by the gentleman from Pike (Mr. Henderson) ; but to strike out the bill reported by the com- mittee and substitute the gentleman's bill in its place would contemplate an utterly different arrangement, and our troops would have no warrant or recognition of their services what- ever until the State could realize money on her bonds. He believed every gentleman would admit the State of Missouri could not go into competition with the United States on these bonds, and while he would not shrink from the task which they had undertaken even if Mis- souri bonds should be reduced to ten cents on the dollar yet he thought there was no neces- sity at present for taking a step which would lead to that result. . Mr. HALL of Randolph said he would accept the proposition of the gentleman from Davis, (Mr. McFerran,) and simply add the sections named. He could move to strike out after- wards. Mr. McFerran's motion was lost. The question then being on agreeing to Mr. Birch's bill as amended by the addition of the first six sections of Mr. Henderson's bill, Mr. PHILLIPS asked if it would not be in order to offer the whole of the bill as presented by the gentleman from Pike (Mr. Henderson) as a substitute for the bill reported by the gen- tleman from Clinton. A point of order was here raised and dis- cussed at some length. Finally, the vote was taken on the passage of Mr. Birch's bill as amended by the addition of the first six sec- tions of Mr. Henderson's bill, and the bill as amended passed ayes 37, noes 14. Mr. WOOLKOLK offered the following: Be it Resolved by the People of Missouri in Con- vention assembled, as follows: That, as many of our loyal citizens have entered into the service of the State of Missouri for the purpose of re- pelling invasion, suppressing insurrection, and enforcing the laws of the Union in this State, which duties the Constitution imposes upon the Federal Government ; and believing that the ci- tizen soldiery of the State acquainted as they are with persons and localities are more ef- fective for suppressing f he civil and social war in our midst, and restoring and preserving law and order, than troops from other States ; and further believing that the militia system should be maintained, as many of our citizens will enter the service of the State who would be un- able or unwilling to enlist as Federal soldiers; and whereas the financial condition of the State of Missouri renders it impracticable to provide for the arming, maintenance and pay of such volunteer militia, we do therefore, in the name of the people of Missouri, petition the Government of the United States to provide for the maintenance and payment of such mi- litia as have enlisted, or may hereafter enlist, in the service of the State during the existence of the present civil and social war in our midst. Mr. BRECKINRIDGE moved to add the fol- lowing : Resolved, That the Governor be directed to proceed to Washington, to make known to the General Government the condition of the State, its military organization and finances, and to propose to that Government such measures as will enable the State to cooperate efficiently in the prosecution of the present war. Mr. WOOLFOLK accepted the additional re- solution, and they were both agreed to. Mr. BIRCH offered the following : AN ORDINANCE RESPECTING THE STATE REVE NUE AND THE PAYMENT OF OFFICERS. Be it ordained by the People of the State of Missouri in Convention assembled, That the several Collectors be allowed until the first day of March next to collect and pay in the State revenue j and that so long as the Banks of the State continue to maintain their present show- ing of ultimate solvency, their notes shall be received for State revenue and paid out for State salaries. A motion was made to lay the bill on the ta- ble, and it was sustained by ayes 37, noes 13. Mr. BRECKINRIDGE offered a resolution that when the Convention adjourns, it adjourn to the first Monday in April, 1862. Mr. HOWELL moved to substitute a reso- lution to adjourn sine die. Lost ayes 18, noes 33. Mr. SOL. SMITH offered the following as a substitute : Ill " The existence of this Convention shall ter- minate on the day of the assembling of the Legislature to be elected in eighteen hundred and sixty-two, and in the interim shall be sub- ject to be called together by the Governor if, in his opinion, the exigencies of the State de- mand it." The substitute was agreed to, and the reso- lution adopted. The Convention then adjourned to 3 p. M. On re-assembling, Mr. BUSH offered a bill requiring the Banks to resume specie pay- ments. Mr. HALL of Buchanan moved to take a re- cess of half an hour. Motion su tained. At the expiration of the recess, Mr. SOL. SMITH offered a bill allowing debt- ors two years to redeem their property after a sale under execution. Mr. HALL of Buchanan moved to adjourn. Motion sustained, and the Convention ad- journed sine die. 4. oo i <