Journal of the proceedings and debates in the Constitutional convention of the state of Mississippi, August, 1865.: By order of the Convention.

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I, J'OUR' N'ALO .T}e Constitutional Convention of the State of Mississippi convened at the Capitol, in the City of Jackson, on Mon (lay, tthe fourteenth day o,- August, in the year of our Lord, one thousand eight hundred and sixty-live, and of ?':t he independence of the i,United States'of America, the ninetieth. in puisuance of a ptrolaniation of His Ex -cellency, W\ILLTIAt L. SIAiK rEY, Provisional Governor of t he State of Alississippi, bearing date thle 1st day of July. I 865, which Prochlamation is as follows PROC LAMAl-ATI ON: Fello w-Cit,eie of the $ate of'eMQissijSit The President of hie" United States, by virtue of the -i)ower vested in himl by the Constitution of the United States, nas been pleased to appoint the undersigned Provisional 'Govel'nor of the State of MAississippi, "for the purpose of enablingr the loyal people of said"' State to organize a State G(overnment, vwhiereby.ustice may be establishcd, domestic -ainquility insured,-and loyal citizens protected in all tl)eir iights of life, liberity and property." And, "to accomiplish that object. has directed mre, "at hte earliest practicable pei-iod, to -rescribe siuchl rules and'regulations as may be neces'sary and proper for convening a Cor,ventioin of Delegates, to l)c chosen by thllat portion of the people of said State who are loyal to the — United States, anld no others, for the purpose of altering, or ameniding the Constitution thereof," so that the State may be able totresume its placein the Union. And being anxious to ctarry out the wishl,es -of the President. und to restore the dominion of civil government as speedily ,s possible, I do hereby oidain and declare as follows, teo'vit: First. To avoid the delay which would necessarily occur i'\1om tlc separate organization of each county by special appoilntments of the several county officers, the persons who -,,xe-cc.sed the'fnnct-'os pertairtiiig to the following name(dA? ~-'t, l r4 f

P]IOCI:"EI)IlGS,AND DEBATES IN TI:'!f officers, on thle day when tlle archives a1d other pub)lic' pio(~perty were taken posssession of l)y the United States. to-wit. the -2d day of May, 1865, are hereby appointed to fill those offices in each county, to-wit: the oflice of judoge of probate and clerk of the probate court, the office of sheriff and core. ner, the office'of justice of the peace and constable, the oflice of board'of county police, the office of countvy treasurer andC eollector, and assesor and county surveyor, and tlhe several municipal offices 6f every incorporated city or town, n whose mo,' ranizations have been regularly kept up. Trrhis ~'eneral appoinitmenit of officers is not intended to i cyvole any special appoirnttyIent made by me prior to the date of the I.roclanation And inaSmucli as it is neecss:.ry ihat these several offices should Ic filled- bv incumbents who are loyal to the United States Govei-nment, I ieserve the powver to reNmove' any one whio Inay be excepional in this respect, aid I earnestly iinvole the loyal citizens of each county to ,ivre me timely and the most iuthentic itnformationl tlhat can bie pIrocure4d'in regard'to any officeri who is" obnotXious to this serious objectio n. Second.'T'Ihese several officers, beforetlicy enter upon the iliseharge of tlhe duties of th(,iri respective oflices shall taie nd subscribe the amnesiy eaol preseril)ed in tlhe l'esident's l)roclatnation of the 29ti Maay,18i,5, and must immediatelv transmit the oathl so talken to this office. At the end of the ammnesty oath, after the word'sItaves," must he added +tie -iords'"and will faithfully discharge the duties of my office to tlthe best of my atilitv.' And any one who may undertalke to act in his official capacity without compliance with lhis requisitioln, will subject himself to punishlmenit. Thisi ()atlh nay be taiken before anv coimmissioned officer, civil, military or niaval, in the service of the United State&, o'I)e'ore'ie JatdgCs of Pirobl.te liereb-y appointed, or lieretofore .lpl)O1'ited by ine, after tlmey sliall lave taken the oathl thems(-lvs. or before the Jud,e of tlwe Criminal Court of \Warrern (.oul,ity. But no olie call hold any of these offices who is exempi)ted iii tlhe Piesident's proelamation fromn the benefits ~ tlhe amnmesty iunless first specially pardoned by the Presi 'i lid. 4In crnties which lhave been disorganiize-, or 'w le'e tli*ore are no p)er,solis who can fill the sevelral county ~>te~i,-e.cither in co-seqtielice of death or otherwise, special 1' plri1nt:1nents will be im-iniediately niade, wlhen the necessity "r sueh! appointments'sliall be made klinown to me. Fourtlli. The slheriffs herel)y appointed, or in case there be

MI551SSIP4I CoxNS~iTrlTtOi~AL CONVENTid. no h,l'riffs, the judge of probate, or the c(orone, or any jus lice of the peace, in the order in which tl.Iv a-e hlere placed shl-all hold an election at the several election prccincts in (nach county, on Monday, the 7th day of August next, for ele,irates to,a Convention for the purposes mentione(id in thle l'President's proclamation, Aeotes'or delegates to this Corn vention must possess the qualifications required by the Constitution and laws is they existed prior to the 9th day 6of dantiary, 1861 and mnlst also produce a certiticate tlat they tiave laken, be:ore a competent officer, the aLiIIn(sty oath l,res.cribed by the pro'lamati,)I,: of il,e 29tli ayy 18(15, hllich certificate sliallTbe attacihe, to, or acomnpanied I)- at -c opy of the oath, and no one willt be eiioile as a mnem)her of this Contention who hts not also taken tlhis oall.'l' lI slieriff shall give pu tilic -otiec of the election bty'osting ll) thlis proclatnationi, or otherwtise. Fifth'l. Each county andil-town entiiffled to separate repres niatio i, shall be entitled to be 1ret(ent(d in the ConvenItion by thle Sme nulmber 6f represontatives thley ere cnttled to in tl,e lower branch of the l,egislature, p)rior to tlle :.,th dar of January, s61. Sixthl. The returniu,g officers of the elect:ion, shall give to the neisons having the higliest number of -tes, a certificate. ot ele'tion, and the delegates so eleted shall assenblc at tle cdty o' Jackson, on Monday, 14tll day of Augiust next, anfli st all organize a ConDvention by elef;ring piop(r officers, and adopting necessary iules. anid after taking,, anoatli t(o sup.port Ille Constitation'of the United States, may 1,rocced in thli dis eiar'e of their duities. Seventl. The trnstees of flie University of MIississippi ni requireld to nicet at Oxordcl, on Monday. ttle 31st day of July. f)i the p,irFose of puttinllg tle iinstitution in operation _i i ~ntli. Cr mi-e iiust I)e SUlpi-ess(d, and(l guilty perfois p1l llis t d; Tlie eollmn)ndillfnr genernll at this post has kin'dylv .-ff ed( to UeI tl,e fc'ces under hlis cmianud ior lie pSrotec ti(n )of the ieople an(] fbr tlje,ii)i'ehensiot of -offendei against the law. and it is lioiecd fi e - eople will'-:give lim inl-y informat ion. and rencdei such,ssistane as'">vill enable l.ini to carry otit this laudable oje.(t. I would advise tllhe people when' it rmay lec(omC necessvr, in coz:sequence of ;:'}ie''ernoteness'ioi,, a miilitary foi(ce, to or aykize theinselves i -to; county patrol, for the aI)preli(nnsion of offenders,~who xwhlein arrested, if they cannot lie safely confined iin ihe c5)ounlty. may be brougitt to Jacksoi t f conflinement ill tll' ~ iiltai',y prison, until thiey tan be dise-osedd of by civil ila. f'

PROCEEDINGS AND DEBATES IN THT In taking recogn'zances, thdjustices'of tihepeace willmakc the,.n returnable to the next term of the circuit court as now o,tablished by law, or that may hereafter be established by lawv. Probably there are some persons who have some conscie t oui scruples about,taking'the amnesty oath, because they believe the emancipation proclamation unconstitutional. I allude to thlis subject only] becanse I have nnderstood there are a few such. Thlisobjection certainly-cannot be raised-with propriety by sue,h as d-nied that thlcr were subject to the Constitution of tl,e United States as tlie sulpreme law, when the proclamation was issued. Whother it be constitutional or not. is a ques tion which thle people hnveno lrhit to determine. The deter mnination of tliat q,uestion rests with the supreme judicial department of the goverment. Legislative bodies often pass u-inconstitutional acts, but they must'be regarded as valid. and they must be observed as'the law until tbe proper de partment of the gcvernment declares them void. Everv rcsimnption is in favor of thleir validity. And itis preciselv Ilie same case with the executive acts. This proclamation flierefore must be regarded as valid until the Supreme Court s,]all decide otherwise. Wihen it does so decide, parties will 1e) absolved fiom the obligation of the oatlh. Perhaps, lhowever, parties wlho believe the proclamation v'id, are oca —sanguine in the correctness of their opinions. T'lere is a general principle in thej'aw of nations which au'tliorize3 one belligerent party to do towards his eiicmy ywhat ever will stl-ecngthen hinmsqlf'and weaken his enenmyv, limited f course b)y tl~e laws of Ihumanity. Some writers of highl nuthiriity hold tlhat legitimate power in war, torwards an eenemy, is co-extensivle with necessity. Even the deso'ating of a country and the l).irnin-g Of towns and villages are leld Io be justifiablle acts in certain cases. Whether tlhese prin ciples be broad enougih to cover the taking of slaves, as they certainlv are with regard to othler property, is not for meto determine, and I mention them only to show to those who entertain this opinion, that perhaps it does not rest on as s,,lid a foundation as they imagine it does. The people.of -'lie Southern States were in rebellion; the President of the 'tanited States had a righlt to pr,scribe -' terms of amnesty; he lhas done so, and it is hoped the people will all cheerfolly take his,onili with a fixed purpose to obseirve it in good ?;taitli. Why should they now hesitate or doubt since slavery .i as:ceased to be a practical question? It was the ostensible

MISST!SIPPI CO.' STITUTI.A,CO-N' VE.Y,,N. aause of tof e w,) r, it -a: s,aked upon the issue of tlhe wia atin(i that istue uca,iis 1-r)ldecid aaaii,st us, lt is tlle part of wi-ssdloim at( of l]c, t.o -ul'nit witihout a mlrinur. The fnegroes are fc'e, f'rc-e b) ctce iertuncs of var tree )by the procia~mation —-irce [(-:i;on'mn consent —fr'ee practic,i lly a~ w~l as theorctia'ily.,id i t ti,o late-..to maise tfchnican r questions as to tle Ia,'s y wilieill thley becamnc Eo. Besides it wiouild bc b L;'olicy Ilov to undertake to chlaange tlieii conidition if te',u,d sio. It would berotliing less thaun at effort to wlaiiigi sl4vcr.y wlere it does not exist. — Ttherei{ec let ius coiially utie in our efforts to org nize our State (overnnimecit, so tiat we ma;y by wise legislation, pre- pare ourselves to live iai prosperity an: happiness in the changed condition of oulo domestic'relations. Fellow-citizens, I accept the oflce of Irovisional Governor in full viow of tlhe troubles and rieponsibities inciuent to it. I was actuat4ded i)y o otlher motive than a desire to aid the' people in organizinu( a civl go rieiiment~preparatory to the restoration of their iarminoiou. relations with the governnme-nt of the Uinited Stat,es. ia I shall commit errors I know full well, but I know also that I shall very soon leave the office, and thiat 1 shalI-.carry with me the consoling reflectioni that I endeavored to subserve the best interest of the pe(ople in this critical and trving conjunction of public affairs. Trhe pcopfe of the Soutli t halve jist passed through a mostterril-,e and disastrous ievoliution.. in which they have sig- - nally I- failed to accomplisli their purpose. Perhaps thieir'success would have proved to be the greatest calamity that could have befallen the country, atnd the greatest calamity to the cause of civil liberty throughout the World. The true patriot finds his greatest eujoyment in the noble and pleasing reflection that his government is to live with an honored name, to shed-its blessings on millions through future centuries. And as good governments are things of growth, improved by the lights of experience and often by revolutions, let us hope-sad and disastrous as this revolution has been —that the lessons it.has taught us will not be destitute of, value. The business of imnproving. our government, if it should bt found to need it, and of promoting reconciliation between the Northern and Southern people, are now prominent duties-:. before us, so that we may hereafter live in the more secure and perfect enjoyment of the great patrimopy left us by our fathers, and so that. those who are to come. after us may.long'.:. T. "%Ii

PROCEiDI.NGS AND DEBATES IN THE"' enjoy in their fullest fi,;ctions,. the inestimable blessing or civil liberty, the best birthrigliht a,nd noblest in'eritace of manakind. Done at the city of Jfackson, on thle first dlqy of July,;. D., 18(;5. [L. S. W. L. S[JARKEY, By the Governor - JAS. R. YERnGER, Secretary of State. MONDAY, AuGTSTrs 14T, 1 8 6 5. At 12 o'clock MI., his Excellency, Gov. Win. L. Sharkey? called the, Convention to order, when tl)e Hon. Jas. 1?. Yerrer, Secretary of State, called the roll of counties. The following, delegates came forward, and prsented the amnesty oathi for the inspecction of the Governor: Adams-W-itIirm T.. Martin, S. IH. Lambdin. Aenite-David W. Hurst. Attala-Elijah H. Sanders, Jason Niles. Bolivar Calhouit —Clharles A. Lewers, Eli J. Byars. Carroll-William llHmincway, Jolhn A. Binford. Cltickasaw —James M. Wallace, Allen White. Choctaw-James H. Dorris, Robert C. Johnson, Robert B.1Wooley. (laiborne-James H. Maury. Clarqke Coahomc CopiahI-EpIraim G; Peyton, Wm. A Stone. Covington-Alex. LH. Hall. DeSoto-Reuben T. Sanders, Thomas S. Tatei Franklin J. Malone. Fi?ankli —K. R. Webb. Greene Hancock-Daniel' C. Stanley. lHarrison — -linds-William Yerger, Amos R. Johnston, George L. Potter. [toli,es-Robert H. Montgomery, J. F. Sessions. ssafqenfa —Lawrence T. Wade. Itawamba —John M. Simonton, Braxton, Cason, Wiley W. Gaither. Jackson — [ipevr —Caleb Lindsey.

ISSISSIPPI CONSTITUTIONAL CONVENTION. Jefe:'so2 —Geo. P. Farley. Jones-T. G. Crawford. JKeviper —James S. HIamrm. fctfayette —Richard W. Phipps, Hug,h A. Barr. i(aude2edac(e —Clias. E. Rushing, Peyton King. I,awience —E J. Goode. feake —Dempsev Sparkman. o()wndes —James T. Harrison, T. C. Billups. Xadison —Wm. McBride. -I[ar ion —.Hamilton Mayson. JfarPstall —W. C. Compton, J. F. Trotter, Wm. Wall, Laurence Johnson. Mi[onroe-Lock E. HoustoD, C. Dowd. Veslhoba-J(,seph M. Lop -.> eq'' ~?' l oxubee —Hampton L. Jarnaglin Oktibbeha —David Pressley. PGanola —Samuel Matthews, Lunsford P. Cooper. Peiry —J. Prentiss Carter. Pike —James B. Quin. Pontoto —Charles T- Bond, Joseph L. Morphlis, Nicholas Blackwell. Rankizn —Richard Cooper, John B. Lewis. Scott —J. G. Ower. Simjpson — Smith —Harvey F. Johnson. Sunflower —Wm. MlcD. Martin. Tall]hatlctie —James S. Bailey. Tippah —J. H. Kennedy. Ti8shoni,go —Wm. L. Duncan, Robert A. Hill, Benj. C. Rives. Tunica —Francis A. Owens. IVa,shiunton —J. Shall Yerger. JVayne-James A. Horne. W1Vikinson — 'TVinFston — JVarren —Charles Swett. -cYllobusla —James Wier, Robert M. Brown. Yazoo —J. H. Wilson, R. S. Hudson. On motion of Mr. Cooper, of Rankin, MNIr. Johnston, of Hinds, was appointed President, pro tern. On motion of Mr. Mayson, Mr. D. P. Porter, of Rankin, was appointed Secretary pro tern. Mr. Johnson, of Smith, moved that the Convention pro 2 9

PROCEEDINGS AND D)EBATES IN THE ceed to the election of permanent President, by ballot. Which was adopted. The President announced Messrs. Stone, Cooper, of Rankin, and Peyton, as tellers. Mfr. Johnson, of Smith, placed in nominationii t-he name of Amos R. Johnstonii, of HTlinds. Mr. Sanders, of Attala, placed in nominatlion the name of J. Shall Yerger, of Washington. No other nominations being made, tile Convention proceeded to ballot, resulting as follows; M-r. Yerger received................. 64 votes. MAr. Johnston.'................ 14 " Mr. Cooper ".......,.......2 Total votes cast................ 80' Mr. Yerger having( received a majority of all the votes cast, was declared duly elected President of the Convention; and on being conducted to his seat, by Messrs. Stone, Peyton and Cooper, thanked the Convention in appropriate and eloquent terms for the honor conferred upon him. The Convention then proceeded to the election of permanent Secretarv. Mr. Mayson placed in nominiation the name of Mr. D. P. Porter, of Rauinkin. MIr. Johnson, of MAlarshall, placed in nomination the name of Mir. J. L. Power, of Hinds. iMr. Sanders, of Attala, placed in nomination the name of MIr. Sami YounR, of Attala. Mr. Houston placed in nomination the name of Mr. Hillyer. of Natchez. Mr. Lindsey placed in nomination the name of Mr. D. A. Dozier, of Jasper. No other inominations being made, the Convention proceeded to tihe Mr. Porter received................. 2 t votes. MIl. Power................2 6 " Mr. Young " 1 7................ " lMr. Hillye'.............16 " Mr. Dozier................ 1 Total votes cast...................... 81 Necessary to a choice.................. 41 " Neither candidate having received a constitutional mnajority, the Convention proceeded to the 4 10 I

MIISSISSIPPI CONSTITUTIONAL CONVENTION. SECOND BALLOT. IPower received..................... 31 votes. Porter..................... 23 " Young "..................... 18 " tlillyer "......................... 9 " Total votes cast.................81 " Necessary to a choice............... 41 " Neither candidate hlaving received a constitutional majority, the Convention proceeded to the THIRD BAL,LOT. Power received..................' 39 votes. Porter "......................22 Young..................... s.16 I-lillyer "................... 4 Total votes cast...................... 81 Necessary to a choice................. 41 Neither candidate having received a constitutional majority, the Convention proceeded to the fourth ballot. Mr. Sanders withdrew the name of Mr. Young. FOURTHII BALLOT. Power received...................... 47 Porter ".......................32 Hlillyer "........................ 2 Total votescast......................81 " Mir. Power having received ta majority of'all the votes cast, was declared duly elected permanent Secretary of the Convention, took tlhe oath of office, and entered upon the discharge of his duties. Mir. Johnston, of HIinds, moved that the Convention adjourn until 9 o'clock to-morrow morning. Mr. Stone moved to amend by striking out the words,'"9 o'clock to-morrow morning," and inserting, "4 o'clock, P. m., this day." Which was adopted. When the Convention adcljoturned until 4 o'clock. M. FOUR O CL.OCKpX P. M. The Convention met pursuant to adjonrnment. I 41 I11 v o t eL4. it it

PROCEEDINGS AND DEBATES IN THE ],r. Johlnston, of Hinds, offered the following resolu-tion, which was adopted: Resolved, That the reporters for the press in this State and elsewhere, in attendance at this Convention, be permitted to occupy seats within the ba,r of the House. On motion of Mr. Mayson, the Convention proceeded to the election of Sergearet-at-Armns, by ballot. The President appointed Messrs I-Iill, Horne and Comnlton, as tellers. Mr. Yerger placed in nomrination the name of T. C. ]l{cMackin, of Hinds. Air. Sinionton placed in nomination the name of James J. Denson, of Pike. The roll of counties being called, T. C. McMackin received.............5 votes. J. J. Denson "........ 21 Majority for T. C. McMackin...34..... 1' :ir. McMackin was therefore declared duly elected sergeant-at-Armis of the Convention, took the oath of office, was instructed in and entered upon the discharge of' his duties. On mnotion, the Convention proceeded to the election of Doorkeeper. Mr. Matthews placed in nomination the name of D. R. Corley, of Tishomingo. MIr. Johnson, of Mlarshall, placed in nomination the name of W. Tradewell, of Armite. Mir. Yerger placed in nomination the name of Wm. J. Brown, of Hinids. Mr. Lewis placed in nomination the name of J. C. Rob — ertson, of Hlinds. Upon a call of the counties, - FIRST BALLOT. Corley received........................ t 31 Tradewell "....................15 Brown ".....................31 Robertson"......... 1 Total votes cast..................... 78 Necessary to a choice................. 40 c There being no election, the Conlvention proceeded to thle 12 votes. votes. 4 c c c

MISSISSIPPI CONSTITUTIONAL CONVENTION. SECOND BALLOT. Corley received............. 38 votes. Brown.................... 35 "c Tradewell....................... 5 Total votes cast...................... 78 Necessary to a choice................ 40 There being no election, the Convention proceeded to the third ballot —Mr. Johnson, of Marshall, withdrawing the namie of Mr. Tradewell. THIRD BALLOT. Brown received.................... 42 votes. Colley "....................3 " M-ajority for Brown.................. 4 ;;Mr. Brown was therefore declared duly elected Doorkeeper of the Convention, took the oath of office, and entered upon the discharge of his duties. MAlr. Mfalone, of DeSoto, offered the followingf resolutioin, which was unainimously adopted Resolved, That the Clergy of the City be invited to open the proceedings of this Convention each day, by invoking theblessing of an all-wise Being over its deliberations. MIr. Matthews moved that the President be authorized to appoint four pages for the Convention. Which was adopted. The President appointed as said pages: Lewis Fite, Leo Phillips, George Donnell and Charles E.Tolbert. MAr. Harrison offered the following resolution: Resolved, That the rules of the House of Representatives of the State of Mississippi, for the year 1860, be adopted, as far a.s applicable for the Government of this Convention. M:r. Lewers offered the following amendment, by way of additional resolution: Resolvedl, That the Secretary be requested to furnish each member of the Convention with a copy of said rules, as soon as practicable. Mr. Johnson, of Smith, moved to lay the amendment offered by Mr. Lewers upon the table, AWhichl was lost. Upon a division of the question, the resolution offered by MIr. Harrison was adopted. The question recurring on the adoption of the amendiment offered by iMr. Lewers, it was rejected. .13

P'ROCEEI1)NGS ANI) I)EBATES liN Il'ffE Mr. Johlnson, of Smith, offered tllhe following iresolutition: Renoted, That a Committee of --- be appointed l)y the President whose (idty it shall be, so soon as practicable. to draft and report to this (onvontion, for its action, such amendments to the State Constitution as it stood on thc 9th day of January, 1861, as may Ie deeime lecessary for the fittire peace and welfare of the State. Mr. Sandeis, of Attala, offered thtce i]owing as aI sulstitute;for the above resolutioiin esolved, That tha following Stn- -ing Committees bll,apointed by the President, to-wit:' 1. A Com-nittec on Cedentials and Citizenslhip of te mneml r of tltis Oonvention. 2. A Commnittee on State Constitution. 3. A Committee on Federal Iel,ations. 4. A Committee on Finance. 5. A Comnmittee on State Judicatories. And that the said Conmlmittee inqulire into miattes properly belolgini,g to them, and report by ordinance or- otherwise. Alr. Sinmonton, of'tawan:mba, raised tlhe following point of order, to-wit: That it was incompetent for the members to proceed to business afteir the organization, until they had qualified by taking the oatli to support the Constitutior of the United States, as indicated in par,agraph 6th, ot the Governor's pproclamation. The liresolution being again read, AMr. Johnson. accepted the substitute offered by Air. Sanders. Mr. Pottei, of Hinds, moved to strike out so) inuclt of the resolution as provided for the aIl))ointrnent of a comuiittee on State Jurisdiction. Which was adopted. Mr. Goode, of Lawrence, renewe(l tle 1)(-oillt o(f order raised by Mr. Simonton; when, On niotion of 3Mr. MIatthews, of Pantola, tlhe further consideration of the pending resolution was postponed. 'Mr. Simonton7 of Itawarnba, mnoved that the oathl to suppolrt te Constitution of the -United States be at once administered by the President to tihe members of thec Convention. Mr. Goode, of Lawrence, inmoved to amend so as to require each memnber to piesent his credentials. Adopted.' The mtotion of AMI. Simnonton, as amended was thei' adoptedl ald all t,he membrs qualified accordinrly. 14

MISSISSIPPI CONSTITUTIONAL CONVENTION. Ar. James A. Heard, of Claike, presented his credentrials, and was sworn in as a nieinber of the Convenltion., Mr. Brown, of Yallobuslha, offered thle following reso lution: Pevogle(I, That the President of this Convention proceed by Committee, orin such other manner as h. may deem appropriate, to communicate to Gov. Sharkey, that this Co)nvention is now duly organized, and ready to proceed t', business, and to ascertain if he hlas a-ny official commuinication to make to them, Whlichl was adopte(i. On mnotion of Mr. Jarnigan, of Noxubee, the vote adoptiIng the above resolution, was reconsidered, when he moved to amend tlhe samne l)y striking out the words, "and to ascertain if he has any official communuication to make to tllem.'" Mr. Cooper, of PMiantki i, moved to lay the resolution and amendment up)on the table. Wliieli was adopted. MAlr. JohDnson, of Smitlh, called up t}he resolution providig foir tlhe appointminent ot conmiittees; when Mr. Stone, of Copialh, offered the following a, endlnieict: Amend by inscirtiig after the wvord "coinmrittee," the words, "consist 1'g of five delegates each." Oti moition of Air. Jarnagin, the resolution and ameneid ment was laid upon the table. On Imotiion of Mir. Yerger, the Convxention adjourned Until to mnorrow morining, 9 o'clock. SE(O()ND T)AY. TUE7DAY, AUGUST 15Ti, 165. The Conivention mliet pursuant to adjournminent. Piayer by the Pev. C. Cliambelain. The journal (f yesterday was read and approved. The following delegates, not present yesterday, appeared in thleir seats, came fiefrward and presented tlheir credentials, and were duly qualified as meml)bers of the Convention: T. R. Gowan, of Simpison countv. J. MI. Wylie, of Pontotoc county. Henry J. Gulley, of Kemper cointy. iw 15

PROCCEEDINGS ANI) I)E.3A'.TES IN TIIFE A. Reid, of Winston counrty. G. Y. Woodward, of Winston county. A. E. Reynolds, of Tishomingo cotlunt-. J. L. Davis, of Ilarrison county. Wim. Grffin, of Jackson counity. Mfr. Coopelr, of RJankin, offered tile folloiii:so,lu tion: AVHWREAs, Miessrs. Burnham aindcl Bartlett, short-hland re porters, propose to make a full and accurate report (f all the proceedings of this Convention, if desired; therefore R?esolte(l, That a committee of three be appointed by the President to examine into the qualifications of said reporters; and, if deemed ample, to report the cost of such to this Convention, by resolution or otherwise, as soon as practicable. Mr. Ilouston offereed the following, as a stubstitulte, which was accepted by r. Cooper: Resol'ec, That the President appoint a committeeof five to take into consideration the propriety of employing Messrs. Burnham and Bartlett as reportersof the proceedings of this Convention, and that said committee report by ordinance or otherw se. The question being taken on the adoption of thie resollution, it was rejected. Mr. Wier offered the following resolution Resolve(d. That the Secretary of the Convention be required to procure a: d furnish the Convention, as early as practicable, one hundred printed copies of the Constitution of the State of Mississippi as in force in 1860. MAlr. Jarnagin mioved to lay the resolution on the table, Wich motion was adopted. Mr. Cooper, of Panola, offered the following resolution: Resolved, That the P, esident appoint a committee of ten, whose duty it shall be to report to this Convention what changes in and amendments to our Constitution are necessary to restore our former relations to the Federal Government. Mr. Yerger, of Hinds, offered the following as a substitute: Resolvecl, That a committee of members be appointed by the President to inquire into and report to this Convention such alterations and amendments of the Constitution as may be proper and expedient to restore the State of Mississippi to its constitutional relations to the Federal Government, and entitle its citizens to protection by the United States against invasion and domestic violence R?esolved, That a committee of members be appointed 16

tiISSIssIPI}I CO)N\STITUTIONA L CONYE INTION. v by the President to inquire into and report to this Convention sen acetion as is proper and expecdient to be taken relative to t act coimienoly knowni as the Or(dinance of Secession, adopted and approved on the 9th day of January, 1861, by a Convention of delegates of this State; and also what action should be taken for the purpose of ratifying such legislative, executive and judicial acts not in conflict with the Constitution of the United States, as were passed and adopted by the authorities acting in this State in a legislative, executive and judicial capacity since the 9th day of January, 1861. On motion of M]r. Yerger, the blanks in the above resolutions were filled with the number fifteen. Mr. Trotter, of Marshall, offered the following ordinance and resolution, as a substitute: ORDINANCE. Be it ordai)ed by the people( of the State of Mississipl)i, That the ordinance of secession which was adopted by a Convention of the people of this State, assembled at the city of Jackson on the 9th day of January, 1861, be and the same is hereby repealed and abrogated, together with all ordinances or acts of the State since adopted to carry the said ordinance into effect. RESOLUTION. Resolved, That all rights acquired or obligations incurred by virtue of any act or contract made and entered into since the 9th day of January, 1861, and not inconsistent with the Constitution of the United States, are declared to be valid and binding upon the parties to any such contract; and that all the acts of the several officers and public magistrates of the State, done in performance of the duties required of them, and all decrees and judgments of the several courts of this State, including acts of the Legislature not inconsistent with the Constitution of the United States, be in like manner declared to be valid to all intents and purposes. After some discussion, Mr. Trotter withdrew the above ordinance and resolution; when The question recurring on the resolutions offered by Mr. Yerger, it was decided in- the affirmative. Mr. Stone offered the following resolution: lesolved, That hereafter all resolutions in relation to an amendment to the Constitution, the Orcdinance ofBecession, and the validity of legislative, executive and judicial acts since the 9th day of January, 1861, be referred to the appropriate committees without debate. Mr. Jarnagin moved to lay the resolution on the table; Which motion was lost. 17

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-11SSISSIPPI CO()N-STITUTIO-NAL (O,Y INTiO()N. TEII) BALLOT. J.. Shannon & Co. received............29 votes. Cooper & Kimball....................... 29 " E. Mf. Yerger................ 29 " Total votes cast..................... 87 Necessariy to a choice, 44. Neitlhei candidate having received a coestltltioital i-njoity, t'e ('Coi ventiot proceeded t) tlhe FOUP,T'It BAPA.LLOT.' '. M. Yerger received...................33 votes. T. J. Shannon & Co................... 30 Cooper & Kimball......................24 " Total votes cast......................87 Necessary to a choice, 44. Neither candidate hlaving received a coinstitutional in.ajority, the Conventionr proceeded to the fifthl ballot; Mr. Coopei, of Rankin, re-nionii iatinHg Mai. Fra,itz. FIFTU BALLOT. J.. Shannon & C. received............31 votes. E. 3I. Yerger......................... 28 " A. J. Frantz...........................16 " Cooper & Kimball..................... 12 I. M. Patridclge..........................1 Total votes cast....................... 88 Necessary to a chloice, 4 —nieither ca.(diatc ireceivintlg a constitutional majority. Mr. Jolhnison.Gf Smith, offered the following resolution, which was adopted Resolved, That on each succeeding )ballot, the candidate reoeiving the lowest number of votes shall be dropped. 'The Convention thlen, )y ocrder of the President, pr(oceedeld to the SIXTH BALLOT. E. M. Yerger received...................32 votef. J...lhannon & Co..................... 30 Cooper & Kimball......................18 " A. J. Frantz.......................... 9 Total votes cast,.......................89 Necessaiy to a choice, 45 —neither candidate hlaving received a constitutional m-ajority. Mr. Cooper, of Panola. moved tha.t t.lie Conventioii adjourn l'ti 4 o,'c7lock P.M) 19

I:'ROCEED! ~ iNDI) DEBATE$ IN TP!E Whicieh was ]ost. Mr. Goode 1-move( that th-e Ciiverntion take a recess flrlialf an hloui, Which was lost. The Convention thenb, by order of tihe' President, proceeded to the SEVENTHII BALLOT. E. il. Yerger received...................3. 9 votes. J. J. Shlannon & Co.....................3 5 " Cooper & Kimball...................14 Total votes cast......................... 88 Necessary to a choice, 45. Neithler candidate hlaving received a constitutional majority, the Conv-ention proceeded to the EIGHTH BALLOT. E. 3i. Yerger r-eceived...................44 votes. J. J. ShannLon & Co.....................42 I. M. Patridge.......................... I c Total votes east........................ 87 SIr. Yerger hlaving received a majority of all the votes east, was declared duly elected Printer for the Conven tion. Mr. Peyton, of Copiali, mioved that the Convention adjourn until 4 o'clock, P. Al. Mr. Jarnagin mLoved to amend bv striking out 4 o'clock, r. Mr., and inserting:to-morrow morning, 9 o'clock. Which was lost. The motion of Mr. Peyton was then adopted, when The Convention adjourned until 4 o'clock, p. Ar. FOUIR OCLOCK, P. M. The Convention met pursuant to adjournment. The President aninounced as the committees under the resolutions introduced in the morning session by ]~r. Yerger, of Hinds, as follows: On State Constittution —-Mlessrs. Ilarrisorn, of Lowndes; htill, of Tishomingo; Simonton, of Itawamba; Houston, of Monroe; Yerger1, of Hinds; tlamnm, of Kemper; Rushing, of Lauderdale; Niles, of Attala; Lewis, of Ranikin; Peytonl, of Copiab; McBride, of Madison; Mlartin, ot' 20(~

AIIS$IS~IPPI CONSTITUTIO~NAL GOOIY]NINT I:. Adatms-s; Alaury, of Claiborne; temingwiya, of Carroll; Owens, of Trnica. 0n Ori,(ianitces an,( Latavs.-:NIessrs. Johnston, of'Hinilds; Rieynolds, of Tisihoiningo; JohnIIson, of Cloctaw; Potter, of Hiilds; Trotter, of Marshlall; Bailey, of Tallahlatchfie; Lindsey, (f Jasper; Sanders, of Attala; Sessions, of ilolines; Jarnagin, of Noxnbee; (Goode, of Lawrence; Wier, of Yalobushla; Hurst, of Amite: Cooper, of Rankin; Billul)s, of Lowndes. On motion of Mr. Harrison, of Lowndes, The Con vention adjourned until to niomoi-o' iorning t( o'clock. THI1IRPD DAY. WEDNISDAY, AUGUST 16TH) 1865. The Convention met pursuant to adcljourirnent. Prayer by the Rev. H. J. Harris. Journal of yesterday read and approved. The following delegates, not present at previous sessions, appeared in their seats, camte forward, presented their credentials, and were duly qualified as members of the Convention: T. A. IVarshall, of Warren county. W. L. Stricklin, of Coahoma county. L. Jones, of Bolivar. Mr. Johnson, of Smith, offered the following resolution: RPesolved, That the President appoint a standing committee of seven on finance and taxation. Onil motion of Mr. Harrison, of Lowndes, The resolution was laid upon the table. Xr. Cooper, of Panola, offered the following resolution, Which was adopted: Pesolved, That the Hon. J. A. Orr and Col. W. D. Holder be invited to seats inside the bar of the Convention during their stay in the city. Mr. Woodward, of Winston, offered the following resolution, which was referred, under the rule, to the special committee of fifteen on State Constitution: WHERE.S, The Probate Court law and practice is onerous and burdensome, as the times for said court to hold their sessions are appointed by law, and are most usually mon, hly, parties interested in cases pending in said court are often at 21

[IJ)CEEDINGS AND DEBATES IN THE <great inconvenience, living at a distance, or in cases where administration is very important at an early day; and if, perchance, the judge should be absent, nothing can be donc for another month. Again, the judge often resides at a dis tance-the business of his office being such as not to requirc him to keep regular office hours; hence great trouble and in convenience, with delay of time on the part of parties interes ted; therefore — te.solred, That the Constitution be so altered or amended .s to iretuire thie election of a Judge of Probate for each county, as now provided for; and that said judge be ex-officio (lerk of said court, so that said court may be opened at al1 times for business. On iiotion of AMr. Iarrisotn, Trle Con vention ad(jou-lrined1 until to-lnorow lio rnilnn, 5 oclock. F 0 1 itTHt DAY. Ti.i tSDA'Y, At'oUST 1 i7T Tl S65. 'Thle. Convetioi et l)ursiatant to adljoariuneit. PrayerI by thie I-ev. C. Johnson. 4ournal of yesteriday read and approved. The following dele,ates, not present at previous sessions, presented their credentials, and were duly qualified as members of the Convention J. W. C.;Vatson, of Marshlall county. M. C. Cutimtiigs, of Itawamba couinty. \Wm. L. Brandon, of Wilkinson county. A. Slove r, ot Tippali county. W. A. Crnum, of Tippali county. Nlr. Stone, of Copiah, offered the following- resolution which was adopted: Resolved, That the door-keeper be instructed to frnishli each member of the Convention with one copy of the Daily Mississippian and the Daily News. Mr. Duncan, of Tishomingo, offered the following reselution, which was referred, under the rule, to the committee on State Constitution: Resoled, That the committee on amendments to the Constitution be instructed to inquire into the expediency of atthorizing the Legislature to confer jurisdiction to the con of justices of the peace, in action of debt, where the prineilp 22

MIISSISSIPPI CONSTITUTIONAL CONVENTION. of the amtounot in controversy does not exceed one Lhundred dollars upon anr open account, and two hundred and fifty (lollars upon a promisory note or writing obligatory, and report to this ConvelntLion as early as practicable, by ordinance or otherwise. Mr. tiudsoit, (Ot Yazoo, oflfe1ed the foll,owinv-r, o(Itnance, which wVas ired(, t}lte first titie a-rd l ec(t oit tl-he ealed,rt OIDIXNANCE. Bse) i[ or da(:t~is~.e' b),/ i'/. loyal p(o(l)'e fy/'t lt.(,, /' M[.s.siss:)i (-, 0o'aVclnt'i0,, acimbio(l, That for the offences of grand lar,;eny, robbery, rape, arson and burglary, hereafter committed in this State, the penialtly of death by hanging shall be inflicted, as in other cases made capital by the laws of this State; but the Le-islature of the State may, at aniy lime, alter, change, or epeal said penalty as to offences of either kind committed after such alteration, change or repeal. Mt'i. [,ives, ()f Tisliomi igo offered( tlte itllowin r ordiitance, wlticti} wis ieatt( tlhe fist tittoe ani p)laced( onl tlhe ealendar: Be it oi(,'(.a(,t/ t,fh ]Jc)pcJ?/ t(, he,a f0 J[i.sit.-itpi ip (,olo, (:z'tio( Ussc.m)e(/sd, Ttat all the official acts dlone and performed by aniy ad all persons whomsoever who hhave been formally tlete(l or appointed to any office. either of the state or any ounty therein, or i n O (iy lincorporated city or townl in said state of issssippi, since the 9th d(lay of January, A. ID. 1861, niot repugnant to the Conslit'llion of the TUnited States nor of the s,tate of Mississippi, 0or the laws of thle state of Mississippi, wvhich fere in forle o the 9th day of Januar.y, A. D. 1861, shall be and the samie T,re hereby declared to be legal a,nd valid, as, if the said officers had been duly elected and (tualified as such aiccording to the constitution and laws of the stt+' in forc(e( pirevious to the 9th dayt of January, A. I). 1.861. 'Ii. J-ariarin, (t roxubec, offered the followint resolution, wliceh wa 1e-ferred, uinder the rtile, to tle committee onil State C.)Instititiolt Resolved, rhat the committee on Constitution be requested to inquire into the expediency and propriety of this Convention memorializing the President of the United States on he subject of garrisoning our towns with negro troops, setting forth the danger to the loyal citizens of this state arising from the presence of black troops, and the demoralizing influence produced upon the recently freedblacks of the State, and the propriety of asking the President, if it shall be necessary to etoninne the tarmed garrisons in the state, that saidgarrisons 23

PInOCEcii)INGS AND I)lEATES IN Tltl mtay consist of white troops, and not of freed blac,ks; an( that said committee report by memorial orL otherwise. Air. Johnson, of AIarshall, offerei thie toliowl)vin ecsolitloln, wlliclh wvas unainmiotisly acldopted: ]Resolved, That his Eixcelleney, Wn. L. ShaIkey, Provisional G-overnor of the state of Ilississiippi, be i1vited to a seat within the bar of the Convention. hir. Matthiews asked leave of absence foti Aid. Stl icliliii, of Coahoina, oin account of illless; wvliClh was oa'l-ted. Ari. Ittldson, of Yazoo, offered the following i( ordiiiaitce, wiichl was read tie first tinie and place(l on the calendar: Be it ordained by this Conaventioit, That all marrizig c licenses heretofore issued by any probate clerk, anid bondts talken iio such cases, and marriages had thereunder, ill ccoirdantil( e withl thie laws of this state existing on ithe 9thi Janua-, 1861, ani(l the registration of all manrriage licenses, bonds and certificates of marriages, be and the same are herebyv declared valid and binding, and in full force and effect. 2d. That all deeds, bonds and mortgages, alcknowledgem,ents, wills and other instruments, mrade, takeil, l)roved, registered, certified and aulhen;icated, by or before ally probate clerk of this state, or any other officer, pursuant to and( in compliance with the laws of this state, exis.inigon 9ih January, 1861, be and the same are hereby ratified iand held for valid, binding, and in full force and effect. 3d. That all the proceedings, judgments, orders and deorees made by any probate judge, and all proceedings had and done thereunder, and all bonds and obligations taken by or before him in the premises, and all acts of the probate clerks touching the same, according to the laws of this state in existence and force on the 9th day of January, 1861, be and the same are hereby ratified, and held for valid and binding. 4th. That all acts of any clerks of any court, and all acts of any judge and court, and all acts of every civil officer, grand jurors, petit jurors, judicial proceedings, bonds, recogitizances, decrees, judgments, execution, process, service of process, in this state, since the 9th January, 1861, and pursuant to and in accordance with the laws of this state in force on 9th day of January,, 1861, be and the same are hereby recognized and ratified, and declared valid and binding, and the said several civil officers entitled to compensation theref6r at the rates and in tl he manner directed by the laws of this S"tat.e in force on 9th January, 1861, if not already paid. 5th. That the several acts of the Legislature of this state hnown as the stop or stay laws, suspending the collection of iebts, the institution and prosecution of suits, and the suIs

MISSISSIPPI CONSTITUTIONAL CONVENTION. pension of the several statutesof limitationsof this state, and all acts authorizing persons of non-age to dispose of their property by will or otherwise, passed since 9th day of January, 1861, be and the same are hereby recognized and ratified, and held to be valid and in full force and operation. 6th. That no civil or military officer of this state shall be held liable for trespass, damages, or suit of any kind; for any act done by any such officer, in good faith and within the scope and authority of the recognized civil or militaiw law.of this state, during the late war; and that all their acts in such official capacity and good faith, be and the same are hereby recognized and ratified, and held for valid, so far as to give them the protection aforesaid. 7thl. That all crimes heretofore committed during the war, and not yet punished, if crimes against the laws of this state in force on 9th January, 1861, shall remain crimes, and be proceeded with according to f he laws of this state in force on 9th January, 1861. 8th. That all acts of the legislative, executive alnd judicial departments of this state, doiae andperformed during the late rebellion, not inl conlflict x-ith the Constitution of the United States, and the laws thereof pursuant thereto, nor in conflict with the Constitution of this state, be tandl the same are hereby recognized and ratified. ir. Comptoni offelred the following resolution, wtlicll was unaniimiously a(doptecd: Re.so[,e(l, That B. G. Htmphteys, Brigadier-General of the late Conjfederate army, be invited to a seat withiii the bar of this Cornvention during his stay in this city. Adr.:Martin, of Adaits, offelred the following resolution, whlicli was ninanimnously adopted Resolved, That Major-General Osterhaus, Conmnandant of this District, be invited to- a seat within the lbar of the Convention. Mr. Martin remarked, in offering the foregoing resolt — tion, that lie felt more pacifically disposed than tfrollnerly. Mr. Watson, of 3Marshall, oflfered the following resolution: Pesolved, That a committee of three be appointed by the Chair who shall have authority to employ two competent short-hand reporters, for the purpose of furnishing verbatim reports of the debates in this Convention; and said committee shall be authorized to award a just and equitable compensation for the services of such reporters. In support of which, MR. WATSON said: I hope, Mr. President, it will be the pleasure of this body to adopt that resolution. The subject has been heretofore brought 3 215

PROCEE[)INGS AND DEBATES IN THE before the Cornvention, buit in n11 direct foril. This reso lution proposes that a cornmmiittee be appointed charged with the duty of employinlg two coripetelnt shorthand reporters. TIe cost wvill not be very great to leave an accurate and full reporit of the debaltes of this )(od. taken and preserved. NoNv the (t-lestiolt of the piublication of these reports is qut-ite an independei,t affair. Thle publication of these reports, to be sure, should they be voltruinous, would cost a great deal; but that question may be adjourned. I do deernm it important, however, that the debates of this body should be taken and preserved, in a permanent form, for future reference. The questiol,s before this body, sir, are of - very great gravity-very great; and it is due to each nmemrnber that the opinions and views which he may express, should be thusli preserved. Our action lmust be construed in the Iight of wliat ulay transpire whilst we are in session; and then, sir, I i)elieve that the spirit breathed by the mineh)eCs of this Cotnventioii will be of suchi a character as to vindicate the S-a-tte fiog the aspersions that are being consta7itly cast'lipotli er. I hope, therefore, the gentlemlen will ad)opt t1ie iesolution. I repeat thlt tile mere cost of ])aving this retport i-iade, clln(t be great —catnnot exceed trty-five dollais a dav. MR. AIA', ot Ad Vas -fMr. President: A proposition somewhat similar to this was voted down yesterday without 4iscissioin. I voted in favor of that proposition; but I think it very likelv that manary lmemtbers voted without refle(,tioii -s () whatl the intention of the proposition was. It, is impoirlltut fol u1s not only that the Constitution which w slliall at:,)) sliall sliow the spirit of our people, but it is a-lso init,iqt to sliow by tIle delbates tim s, -'it,i wlii(~! i1i((si,)io)positioiis were d(liscussed. That Constitntu(i wil go o) t-) o tlhe world as tie action of a ma jorlity ,)f tlhis,Ci{t(3r1o; and it is necessary to siow, as the dce bates will...by ivitg in fill the expressions uttered on thle )spIlI of tli i()1-ll,nt, of those representing the people of Mississippi-tlie feeling in this State. It is also necessary and prper)i that we slioull show, as was st ugested by the gentleinan preceeding nie, that it is a nmistake to suppose that in surrendering, and as a people giving our paroles, we merely did it to gain time, and that there was still a disposition- amiyng. the people of the State of Mississippi to carry on the war against the Northern States-againtt 6.

.fSSISSIPPI CONSTITUTIONAL CONVENTION. thle Federal Government. I think it dtlso important, in the present crisis, that whatever can should be done to assure the people of the N orth, and especially that portion of the Northern people disposed to be conservative and consider that we have some righlts at least in the South, to show themn, and to show the Govertlnment of thle United States, atlso, that haviing fi'rst tried tlhe logic of the schllools, and leaving failed in tlhat, and having then resorted to the sterner logic of arms, and having failed inr that, also, we are now honestly disposed to return to our allegiance, and to miake out of the disasters that have befallein us the best we can. I think tilere is no surer and better way of showing the conise rvatives of the Nortlt and the Governmnent of the United States, that we atre in earnest and that we are siilncere, than by pul)ishing the debates of this Convention. There is no other way in which we can ascertain, with any certainty, the views of the people of this State, whose opinions are supposed to be r eprl esented here; Ind I desire that in sonme peirmanent iinannen these may go abroad in the country to show oulr action, and to showr that we intend to deal fairly iii this nattei, and that we nay, for mrany reasons, satisfy tihem ti hat we are not, while we are preparing to return in fornm to our allegiance, entertainiing opinions and feelings hostile to the govern-nent of tlhe country. I hope, therefore, as the cost is insignificant, and as the case is an imnportant one, and the questions to be discussed are the most vital ini their interests of aty that have ever been discussed since the State ,f' Misisissippi was organized, that these debates mtay be preserved, so that it can be ascertained beyond qllestionl — rnot by looking to the contributions of of itinerant newspaper writers-but froin the discussions of this body, what is the trulle spirit of the people of this State and our interests lhere. I therefore trust that the resolution of the grentleman from Marshall will prevail. MR. HOUSTON., of Tonroe —Mr. President: I introduced the other day a substitute for a resolution offered by the g,entleman from Rankin, in reference to this same subject matter. I was then of the opinion, as I am now, that it was due not only to the metnbers of this Convention, in order to prevent misrepresentation in reference to our future course here, but that it was also due to the people of this State that they should know what was said and done here, that they might properly interpret any action of this 2- 7

I'R,OCEI)IN0S -ANDT DEi!'LES IN TIlfl' body. I tlinkl it wvas a strong prcposition, aind above either of tlhe last in iinportance, thlat the action of the Convention on constitutional questions, w ill doubtless, and must sometilnes become tlhe subject of litigation in thle courts of the coiuntry. By vlhat liglit or wliat rneans canr these courts more rapi(dly coei to the l-)opel' initerprettion of whlat was meant b)y tlis Coinivention in its action, and what was inte(lndedi br t]his or by that article of the Constitution th-at may hlave 1)een amended, tlhan by the light williclt may be aforded in thle pblieatio)n of tlie discussiolns of this Convention. I tliink, siir, that if there is no otlier, tllis one ccnsideration is in itselt of' suficient value to wairrant the lneeting of any cost whlich miglt accrue to thle State from the eimploylnenlt of reportel's and tlte u)blication of oni' debates. For these reasons, and othlers wlricte I,nigilt givei if the time of the ConventionI wvas niot too valuable, } sl-ial vote in favor of tlhe resolu-tio-n. The (iuestioiI recurring on the a(loptioil of tlChe re,solu tion,l it was dclided in tlhe aflirinative; w]liercilupol tihe President appointed MAlessrs. Wratson,:Mal- i,i (1ad Houlstonx as tlie comiiitittee conteinplated tlerein. Mli-. Cooper, (of Panola, ofil'(red tlhe foll(winl" i'esolultionl Pesolvi-ed, Thai. Brigadier-General Wirt Adams and Judge E. S. Fisher l)e invited to seats inside the bar of the Convention. On -lmotionl of M'1. Johlnson, of Smithl, thlle resolutioi was, amended so as to embrace t-he iiaine of IIon0. Jolii Watt s; when it was so adopted. air. IIiidson offered thle follovwing ordii,ance, whicl was read the first tilme and placedl on tlhe cale,dar: Be it ordained, That no law shall everbepassed by the Legislature, or law-making power of thiss!a te, imposing any civil or political disability, or putnishment, or forfeiture of estate, upon any citizen or person of this state, for any participation in bringing on or prosecuting the late war between the United States and the Cot)federate States, or the State of Mississippi, or for his or her political opinions in relation thereto * hereby declaring that such policy or cenciliatior, protection or recognition, will soonest and most effectually unite our people in one harmonious and loyal, prosperous and happy commnunity, in all that relates to relalive duties as citizens, tlie state at large, and our peaceful relations to the Ui ited States. Mr. Itudson offered thie following resolution Resolvei That the several proposed ordinances read and placed upon 28

MI[SSISSIPPI CONSTITUTIONATL CONVENTION. the calendar this day for a second and third reading, be printed forthwitb, to the number of one hundred copies each, and furnished to each delegate of this Convention, that the same may be carefully criticised and understood, preparatory to a wise and judicious action upon and disposition of the same. On motion of Mir. Simionton, of Itawamba, TlThe resolution was laid on the table. On his fuirther miotion, the ordinances refe'rred to in said resolution were referred to the select committee of fifteen on ordinances and laws. Mr. Ilarrison, from select committee on State ConstittutionI, submitted the following report: X'. P<resi(ent: The committee to whom was referred the resolution to amend or alter the Constitution inr relation to judges of probate, so that the court may be open :at all times for business, have duly considered the same, and after consideration, recommend that the same do not pass. On motion of MAr. Harrison, the report was received and agreed to. Mr. Ilarrisoii, from tlhe same committee, submitted the following ireport, wit! accomnpanying ordinance: .MJi. Pre,sic1et': The committee appointed to inquire into and report to this Convention such alterations and amendmients of the Constitution as may be proper and expedient to restore the State of Mississippi to its Constitutional relations to the Federal Government, and entitle its citizens to protection by the Uniited States against invasion and doiyiestic violence, submit the following TREPORT. The comnlittee recommend the following alterations and amendments of the Constitution of the State of Mississippi, adopted October 26th, 1832, and the amiendments thereto adopted prior to the 1st day of January, 1861: .First. That the Constitution shall be ainended by abolishing and striking out Sections one, two and three, of Article VII., under the title "Slaves," and amendment number Tone, approved February 2d, 18416, relative to slaves. Secon(l. That a, provision, in the following language, shall be inserted in the Constitution as Article Eight: That neitiher slavery nor involuntary servitude, otherwise than ill the punishlment of crimnes, whereof the party shall ha:e been ditlv convicted, slhall hereafter exist in this 29

4 P-'(OCIElI)INGS AND DI)EBAT'ES 1Xl Tlif' State; and tle Legislatitre at its next session, aind thlere after is t]he piublic w-eltare miay lequire, shlall provide by law for the protectio-i of the person and property of the freedmen of the State, and guaid tlhem anrd the State against any evils that may arise- f'om tteir suddenr emark cipati, n. 7jlird. That tlhe twelftih sctioii of t.lhe Declaration of Rights be amtended by the iisertion of the lollowing proviso, to-wit: Provi(ed, T}l!at the Legislatutire, in cases of petit larceny, assault, assiiult and battery, aflray, riot, unlawful assembly, drunkeness, agrancy, and other misdemeanors of like character, mavy dispense with an inquiet of a grand jury, and may authorize pro.elutions before justices of the peace, or such other inferior court or courts as may be establislied by the legislature, and tlhe proceedings in such cases shall be regiulat-ed by law. Jfibirth. Thiat ail-iendinIent niiiilberl' two, a' )proved Mailrct 12thli, 1852, being an ainendment of tlhe twentieth section of thte fburtli article, slytll be almended J)y inserting after the wo,d(s, "matters of county police," tite tbIlow-iii words, to-wit: includingl liereiii thie powver to miake necessary and proper regulations latatino to applretlitices, and their rights and duties, ar(nd also to suppress -vagrancy and punishl vagrants. The coIemmittee also rel)ort the followiing (i oidinance itt relationi to the electioi of' public officer's; aiid the commtittee are of opinion, and respectfilly subIilt, that it is not necessary or proper, at tlhe i)resent timte, to enter into, othler or firtihei alterations or aiyneudments of the Constitution, or to take it up I)for consideiatioii up()n its genel' ]ovisios. ])I'ovlslo~ll.: ORDINAANCI'E. SECTION 1. TIe ~eo21e of thG State / Mississ,ipp; A of (6onvention cssembled co orclaiit acdn deacle, and it ie hereby ordiied and declctred7, That a general election shall be held according to the Constitution and the election laws of the State as they existed onr the first day of January, 1861, for Representatives in Congress, and all State officers, and mnembeirs of thle Legislature. 1The selveral Congressional Districts sliall be the same, and the time of holding the election for Representatives in Congress the same as fixed and established by the Legislature in thle ycar 1857. The Legislature shall convene on the first day of November. 18(5. anld be organized and c lassificd as the Constitution. 30t I

MISSISSIPPI CONSTITUTIONALI CONVENTION. directs. A special election shall also )he held at the time of said general election. (the first Moiday in October, A D. 1865,) for all county, district, jndlicial and ministerial officers; and the officers so elected shall hold their offices until their successors are elected and qualified, and enter ui:on tlhe duties of their respective offices, according to the Constitution and laws and the term of all such State, county, district, judicial and ministerial officers, so elected, shall commence on the first Monday in November, 1 8(i5. No person shall be qualified as an elector, or be eligible to any office at said elections, unless, in addition to the qualifications required bv the Constitution and election laws aforesaid, he shall have taken the amnesty oath prescribed in the pi-oclaiation of the President of the United States, of the 29th day of May, 18(;5; and immediately after the adjournment of the Convention, the President thereof shall issue writs of election, directed to the sheriffs in the several counties in the State, requiring them to cause said elections to be held according to the election laws in force and existing on said first day of January 1861. On motion of MIfr. Harrison, thie rel)ort was received and agreed to; andl, on his further motion, the ordinance was laid iup,on the tab)le, aiidc tlhree Ilundred copies ordered to be printed. M-. Matthews, of Paiola, offered the tfollowing resolutiolt J?esolved, That a committee of three be appointed to ascertain ad report: 1st. How many votes were cast for delegates to this Convention. 2d. Whether a majority of legal votcrs, under the laws of this Statoe, voted for the delegates elected. Ar. Yerger, of Hinds, offered tlec following amendwent: Amend: And that the said committee also report the number of legal voters tliere were in the State at the said election. On motion of Mr.- Mat-tin, of Adams, the resolution and amendmient were lIlid on the table. Mlr. Watson, froly special conlittee, subtlnitted the following rEPORT. The Commnittee appointed to employ two competent shorthand writers, to report accurately and fully the debates of this body, have performed that duty by employing for that 31

PROCEEDINGS AND DEBATES IN TIlE purpose Messrs. S. W. Burnham, and A. L. Bartlett, of New Orleans, at a compensation of fifteen ($15,00) dollars a day each. On lmotion of MrI. \Watsoln, the leport was ieceiv-ed and adopted. Mr. MAatthews, of Paiola, offered the following riesolution, whIichl was adopted: RxSOLVrD, That the Sergeant-at-Arms be authorized and required to furnish for the use of this Convention a sufficient quantity of Ice. IMr. iudon, of Yazoo, offered t-he followiin(, ORI1)INANCIE. Be at 0oi.7ltai )ed by tI/e loy(al people i,t Co?-vtviot (isoi - bled-First, That the Higih Court of Errors and Appeal3 of this State, the several circuit and chlancery courts of this State, the criminal court of Warren county, the office of Attorney-General of this State, the office of District Attor ney of the several judicial districts and criminal courts of this State, and all county officers known to the Constitution and laws of this State on and before the 9thll day of Janu ary, 1861, be and the same are hereby revived, re-establish ed, and declared to be in existence, full force and operation, and that the several persons elected to the said offices by the people at the last elect-on therefor, in this State, and holding said offices at the time of the suspension of their functions and powers in May, 1865, be and the same are hereby re-instated, restored and elected to their said seve ral offices and positions, upon their taking the amnesty oath, if not already taken, and the proper oath of office, and giving bond and security, to be taken, conditioned and ap proved according to law in the case of bonded officers, tor and until the end of the unexpired terms for which they were severally elected: Proviced, That any such office now filled and held by any appointee of Gov. W. L. Sharkey, shall be held and filled by such appointee for the unexpired term of said office; and in case that any of said offices are or may become vacant by the death, removal, re-ignation, refusal to qualify or act, or other legal cause, such vacancy shall be filled, in cases of district and State officers, by executive appointment, and in case of county officers, by election, according to existing laws in such cases, for the unex:pired term thereof. On motion of Mr. Yerger, of Itlinds, the ordinance was laid upon the table. 3 )

I';()XVICNTI( N. On motion of' Mi'. M,Auiy, of Clili)ollle, tll-Cce lundred ,opies w reic ordered to I)e pI)iiited. Mi. Johinson, of a[rslhall, offered the followitig ordinance, whlichl was referred, under the rule, to the commnittee on orJinances q nd laws ~ ORDINANCE. ]'lhe Peopie of t/;e State of Jiss18sipi in Gonve6,tion ,f ssembled do ordain and clecla2'e, and it izs hepeby ordained and declared ais footlow s, to-wit: SECTION 1. That an ordinance known as the Ordinance of Secession, declared and established by the people of Mississippi in solemn convention, at the city of Jackson, on the 9th day of January, 1861, dissolving the connexion between the State of MAississippi and the United States of America, be and the same is hereby repealed and abrogated, and all obligations on the part of said State, or the people thereof, to observe said ordinance of secession, or any of the laws or institutions growing out of the same, are annulled; and that the said State of Mississippi, doth hereby assume all the obligations incumbent upon the State as a member of the Federal Union of the United States of America, as fully as if they had never been renounced; and all laws and ordinances establishing and defining said obligations and relations between the said State and said United States, are hereby declared valid, renewed, and in full force and effect. 2d. That so much of the first section of the 7th article of the Constitution of the State as it stood previous to said ordinance of secession, requiring the officers of the State-legislative, executive and judicial-to take an oath to support the Constitution of the United States, is hereby declared to be still a part of said Constitution, and a fundamental part of the organic law of the land. On motion of Mr. Simrnontion, the Convention adjourned until 4 o'clock, r. MI. FOUR O'CLOCK, P. M. The Convention met pursuant to adjournment. air. Johnston, of Hinds, from the special committee on ordinances and laws, made the following report: Xi[. President: The committee appointed " to inquire into and report to this Convention such action as is proper and expedient to be taken relative to an act commonly 33

realize and supllport the le,,islative eniactmnents of the State of 3IississiIspl)i, pnassed siice tilhe 9th] day oi January, 1861, anid for other puipo;es ti other entitled: An ordinace in relatioji to tihe Ordinance of Secession alid otlher ordinances and resolutioins, adopted by a former Coniventioni of tlhe State of Mississippi. held at Jaelson on the 9th (lay of.3January. 1861, and on the 25tth dlay of arch, 18i61.' Your, conmmittee pray that this Refoirt, and the accompanyin? Ordinanees. })e receivxred tlhat said Ordinil.nces be adopted by tihe Convention; and thlat your comiinittee lave leave to sit again, having othler subjeets submitted to tlieii consideration. ORDIN-ANCE No. ]. AN ORDINACTE i rTelation to tl1 Ordinane (f Sec(.sionl ald cotter Ordi dinances an(d Ies(olutions. do(-pted I)y -t foa imer (o;.vecntion hleld i[n tihe city of Jackson on tile 7th Janallry,, 1861 an oil thte 25t!) (lay (:f MIarch, 186 i.. SL,TION,-, 1. c <it ordaiiiedi by t/te ])eople o0 thJe State 6/ )ississi/)pbi pi Covention fsseled liat an ordinance passed by a t'omer Con mention of tlhe State cf ississipi on the 9tli day of January-,. 861, entitled "An ordinance to diss-olve the union )etweeu tle State c,ft liississippi and otlhei States uniteld witl her underl tlhe colnf)act entitled, 'The Conrstitntio:l of the Jnited States oif Aii:erica,"' is herelby declared to be iniull ad void. SEC. 2. Be it, f-itl,er otda'i ie)d, ""l at. thle following ordinances and resolutions, passed l)y said bformer Converntion of the State of Ilisissil)pi, wh-icli assemtnbled in tlhe city of Jackson, on ilonday, thle 7th day of January, 1861, and on tle 2.5thi (lav of M:;rh 1561, l)be and thle same are h erel)y repealed, viz:

MISSISSIPPI CO.NSTITIUTrIONAl. (ONYViNTI(}N. "To raise means for the do-le f t!+e State, (said ordiiance having no date.) "'To regulate thle inilitaiy system of tore Statoe'f Mississippi." Passed 2d(-l Janiaiy, 1861. "'To ainiend the Constittiot(-)n of the State of Alississippi in certain particulars.'' Passed Janary 2t, lS61. "Coneeri-ing the juiirisdiction ad 1)propCt o'fe t!ie United States of- Aimerica iin thle Sta te of' Mis,issipp-i." iassed( January 16thj, l861. "Stlpl-)lemen-tal to all (odidI naee cojlceOIiii), thle junrisdiction and pi()roperty of the Tlnited States of Aiiiei ica, in the State of M-1ississippi." Passed 2;tli Jan uiary, S61 '"To provide for postal ariantgemients inil lo State of Mississippi."' Passed JaiTiar1y 12th,I 1(861. "'iurthe'lr to provide foi postal arraniemientr in.iississippi." Passed January 26tl) 181. 'To provide for the fornationi of a, SOutlelrr (;1onfedraev." (No date tli.ereto.) "To regilate tihe riglit of citiZCsillii: i i i le State of I.ississlppi." Passed 26thl Jaiuary, 161. "'Providinii a Peirmanent Council of tIree fo tlthe Governor of th is State." Passed 26thi January, 1861. "To prosvide foi the purchase of air.is, munuitiois and niilitaiy eq ipmnent, and foi ot}ler prposes." Passed 26th January, 1861. "To p1)iovide f~l tlie rep)resentatioi} of the State of Mississippi in the Coiigiess of the SoUtlmern Ceitbderacy." Passed 26thi January,, S18I. "To provide for surveys all fortificationls of imnilitarv sites withini the State of Atississippi." Passed 2Cthl Janlcry, 18(1. "'To authorize the (xovernor to borrow a sufficient amouno t of miioney to defirav the expenses of tle troops now il the field." (No date thereto.) "To provide ftor the formation of a Soutllerin Conrfederacy." (No date theireto.) '"To ado)t an,d ratify the Coistitutio (T1i tlo )ted I)y the Convention at NIonltgoinery, Ala1)aina." Passed Marelt 29th1, 1861. "lil relation to lands in tlhe State ot Mississippi belonging to Indian orphans." Passed Mailch 29th, 1861. "To define tlhe powe-r of tle Leg,islature of this State iin relation to ordinancees and j:esolt ions aldoted by tlhe Co,i ventioti." o'P-sed M i eil 3 0t}. 1. I 5. i. 3 5) I

P}i-tOOEEI)INGS AN) DI)EB.ATS IN TIlE "Ini refeirence to the Mariine HIospital at Vicksburlg." Passed Marcl 30th, 1861. "To provide a Coat (,f Arnis and Flag fbr the State of Mlississippi." Passed Malarel 30thl, 1861. "To authorize the entry and sale of waste and unappropriated lands in the State of Mississippi." Passed March 28tl, ]861. "To revise and amend the law,in relation to foreignii insurance companies." Passed March 27th, 1861. "To provide for the appointment of Electors of President and Vice-President of the Confederate States of America." Passed March 30thl, 1861. "To alter and modify the ordinance entitled'An ordinance concerning thle jurisdiction and property of the United States in the State of Mississippi." Passed March 30th, 1861. "Suppleinenal to an ordinance entitled'an ordinance to raise means for the defense of the State,"' passed lJfarch 29thi, 1S61. SEC. 3. Be ib f,:rtAe6 ordcainedZ, That this ordinance shlall be in force firomn and after its passage. ORDINANCE No. 2. AN ORDIANNCE to legalize and support the legislative enactments of the State of Mississippi, passed since the 9th day of January, 1861, and for other purposes. SECTION 1. Be it ordaie,(Z by tle peop)le of the State of ~Vississ88~bi in Uonvention a8ssem?bled, That all laws and parts of laws of said State enacted since the 9th day of January, 1861, when the Ordinance of Secession was passed, so far as the same are not violative of the Constitttioii of the United States, or the Constitution of the State of Mississippi, or not in aid of the late revolution, except "an act to enable the railroad companies of this State to pay the monies borrowed by them," approved December 7th, 1863, be and the same are hereby declared to be legal, valid and binding, to all intents and piliposes, froin the respective dates thereof, until repealed or chlanged by the Legislature of said State. SEC. 2. Be it furtter orda(tine(, That all the acts of all public officers of the State of Mississippi, done and performed under and pursuant to the laws of said State, whether these offices be legislative, executive, judicial or ministerial, since the aforesaid 9th dav of January, A. )D. 1861, shall be held as legal, binding and obligatory, to all initents and purposes. 36

MISSISSIPPI CONSTITUTIONAL CONVENTION. SEC. 3. Be it further oidaeYed, That all the orders, judgments, proceediingS and decrees of all the courts of the State of Mississipp)i, rendered and done Since the aforesaid 9thl of January, A. D. 1861, arie hereby declared to be legal, valid and bindilg in eve]yV respect, subject only to such right of al)peal, writ of eriror, Sulpersse(Cas, or review, as Inay be allowed and 1)r1ovided for by the statrutes of said States, and the rules of practice prevailing in said courts respectively. SEC. 4. Be it f?trt/eei- o2(,claized, Tlhat all official bonds executed l)y all public officers of the State f)f Mississippi, and the bonds of all executors, administrators and guardians, and all bonds executed by parties in tlhe plrogriess oj legal proceedings, mnade since said 9th Jainuary, A.D. 1861, and whiclh were executed conformable to any statute of said State, be ai,d the same are lieietby declared to be valid, b)inding anld legal, to all itents and purposes. SEC. 5. Be -it /t/t/e ordrt?'ied, That all contracts and engagements between citizens of the State of Mississippi or other persons, as well as all deeds of conveyance or other contracts for land or other property, made and entered into under the laws of said State, enacted since the 9th day of January, 1861, and whlich contracts and engagements are in conformity withi those laws, and the common law principles relating to such transactions, be and the same are hereby declared to be valid, legal and binding, between the contracting parties, and all persons concerned therein, to all intents and purposes. SEC. 6. Be it f.)(t/er ordained, That no debt, demand, contract, obligation. bond, deed of trust, mortgage or other pecuniary liability or engagement, made or entered into in the State of Mississippi, shall be barred or in any manner affected or impaired by reason of the time elapsing without suit or proceeding commenced thereon, or demand made therefor, since said 9th day of January, 1861. SEC. 7. Be'itfurther ordcai)ned, That all sales of executors, administrators, guardians, commissioners in chancery, and ministerial officers, and persons acting in a fidicuary capacity, made conformably to the statutes of the State of Mississippi, or decrees of courts, and made since said 9th day of January, 1861, are hereby declared to be valid, and legal and binding, in every respect, from their respective dates; and all such sales which may hereafter be made under the laws of said State enacted from and after said 9th day 37

PRtOCEEDINGS AND DEBATES IN THE of January, 1861(;, shlall also be held and maintained as legal, valid and binding. Sec. 8. Be itfurtlYcr of clctlied, That no debt, claim or demand of any person against the estate of any deceased person, shall be impaired or barred in consequence of snuchli debt, demand or claim not having been probated and registered since said 9th day of January, 1861. SEC. 9. Be itort1e1i' ottii?i&ed, That all marriages celebrated in this State since the 9th day of January, 1861, are deemed and declared by this Convention to be valid and binding to all intents and purposes, from the respetive dates of their celebration. Mr. Trotter of Marshall, submitted the following MINORITY REPORT. i,tr. tresidenit: The minority of the committee have directed me to report the following ordinance and substitute for the one adopted by the majority, to-wit: Be it ora(ined, That the Ordinance of Secession, adopted by a Convention of the people of this State on the 9th day of January, 1861, be and the same is hereby abroqate(d. Mr. Goode, of Lawrence, submitted the following MINORITY REPORT ON ORDl) NANCE OF SECESSION. \VWIHEREAS, A (;onvention of the people of the State of Mississippi, assembled at the Capital on the 9th day of Janiariy, 18tl;1, adopted an ordinance of secession from the United States Government, and declared that the State resumed her sovereignty; and in a war resulting therefrom with the United States Government, which refused to recognjze the legality or validity of that ordinance, the State failed to maintain heCr asseirted sovereignty, and is iiow willing and ready to resumte her station in the Union as before the passao,e of thtat ordiinane; themrefore Be it ordYaiied by tais Co,bventiom, That said Ordinance )f H'cession be and the same is declared to be henceforward l ll'nd of no binding force. E. J. GOODE', of Lawrence. RICCHARD COOPER, of Rankin. On motion of Mr. Goode. the majority and minority reprts were received, and three hundred copies of each ordered to beprinted. Mr. Wier, of Yalobuslia, moved to reconsider the vote by Which the mnajority and minority reports were ordered to be printed. Which motion was l1st. ' On motion of Mr. Harrison, the Convention adjourned nbtil to-morrow morning, 9 o'clock. 38

MFSfISSPPI C(ONSTITUTIONAL CONVENTION. F I IT D A )AY. FpT)Ay, A-u(:,;UT ISrfJ, 186. The Con ven tioini tet purisuaiit to adjoniirennt. Prayer by tle Rev. (Geo. A. Smnytii. Journal of yesterday red and approved(. Mr; Waatsoli ofifeed the t)t(1wing -resollitior, Nhl-ictt was I-raniiinorisly adopted _?esoltv(d, Tkat thie Ho-ni. A. I. Handy be, and i- hereby invited to a seat on this floor, during his stay in this city. Mr. tudson offredT the tfllowiiing resolution' RenSO?'oel, Tl,at i colnmittce of five be appointed by the Presideiit of' t liis Conventioli, to take into consideration the propiety of this Convention ryienoralizing the Presideit of tlie ULiited States to grantj the release of ,Jefferson 1)Dtvis antd CI}lrles Cla'k, citizens of tllis State, from piison, iil)on their resplective paroles ot hlionolr, and itbr their ultinii-ttc pat'(loiiT or eithei; and if said comnnittee shall deei it p)rol er so to) milctoialize, thiey are hcereby requested aiid instLiicted to report to tllis Conven't,ion a suitable iniemorial iii tlait b)lcialf as carly as p)iacl.cai)ble. The imiotioii to a(opt was declaed( cat-tiedl b via, ote vote, wh-en Mr. -Yetgoer, of Ilinls, called e( ir- a divisioni. Mn. WATSON said: Before the division is counted, I desire to offler at suggestion ()r two. Sympathising with President Davis and Governor (-lark as deeply as any other gentlemen, I am prepared:and ready to do anything in my power calculated to ameliorte t'icir condition, but I doubt the wisdonm of sny actiont iii their behalf on the part of this body, as a Convention. s AIississippians, -s individuals, it may be righlt and expedient for us to make :n effort to do something tbr them. In this form, our action (:an at Ieast, I think, do no prejudice, and will doulT)f-l,: i.e,s effi ciois as u'm.etion wItichl we could( take ts a ConventioIn. W'e have been convened tfor a specific object of grcat importance to the people of' the State; and nothing should lTe (lone, which could even contingently or remotely prejudice this object. Our proceedings should be characterized by moderation ind prndence; and no step whatever of a doubtful character, should be hazarded. MIany members of the Convention have contemplated personal action in their private character, as citizens of Mississippi, and in this character, I hope we may all tunite in a memorial expressive of our sympathy and the sympathy of the people of the State, for the two distiniguished gentlemen in question; but lest harm might result therefrom, I ask gentlemen to deliberate well before they do more than this. Under the influence of these views, I shall be constained to record my vote in opposition to the proposed resolution. 39

~j LL LJI~!tl C LO:L ~.~l< i.t s * ~.-, ~.................... Dtion, I)eing ready, as I r(e-arke.l l)ef('(,r, t, joi l Ieifll)er of this Corivenl tio iC y p )riivate, individual (.,aiaecitv, iitanyi memorial, c)ir,tlv (otlie act iat tllerv iav se Xit to take, that will teid to ii'tigatte tlic ((o,l(litioll, o( relieve these geentlnelie fi'(1 tlei. o or aTly I)eUalties that mighirlt possil)ly- )e ilfiiete(d. iAMl. J-OlNSTO,N of -[inids. —tilIt(]3(l t(' V()(, a.,'ti(- t the resolutionl ol tli division ai(l1 I w-isit t) a (t teL fNcw words in expl)anatiotll (of ny rea'soiis an(d mlotire(s fotl that course. I know thlat I liav(e as activ(e syIl.)at,ly!)otli foir thee late Presidelnt of tlhe Confederate States aild (-;ove-Illor (Clark, as any iemiber of tlhis Connvenrtio)n, or aiiy cCitizein *f the State of MAississipl)i. I feel tlhis in iny licart, and-kinow it to be so-tlthat I would do anything, o l,l,ke aiyn reasonable sacrifice-almost aiy sacrific e, to )e of sellrvic( t(- either one of these distin( heuisliod gentleieIn. lButt'I ant impressed with tlie belief, Mr. PIiesidenit, t}at thle official, authoritative actior oft tlhis Convention- on that subject, would, in the language of the gentleinaii wlo lhas already spoken, tend to defeat or embarrass the very object we hlave in view. I think it would tend to (defeat and embarrass the great obljeet for which this Convention was called —the restoration of civil rule, the destruction of military rule, and,the full representation of this Sate iii the Congress of the United States. I think thataction, soc far from mitigating th] sulffierings of these distinguished gentlemen, would perhaps have the very contrary efftect. But we ought to do something, and must do somnething, and it seems to moe the proper action: to pursue would be this:

MIISSISSIPPI CONSTITUTIONAL CONV-ENTION. The nmembers of this Convention, as private individ als, might frame a memiorial to tllhe proper authorities at Wasllinm/ton, setting forth our views, and askling, for the relief weall so miuch desire. That could liot be objec tionable,and wouldcl have the sanie w-eight, withl no injurious consequences, that the official action of this Convention niglit possibly have. I have iiotlliinc,g more to say —.my )nly niotive beiiig to cxpress the teings Id h sentilnents whicil actuates ine iii the course I pursue. I liope geltlemen will consider this aid act w itli prutdeInce ii th,e miatter. lPA. MAnTIN, of Adans. —I yield to no one in the strong desire I feel, to see some such action taken as siiuggested by liis resolution. Having since I arrived at manhood, invariably been in opposition to the school of politics of our late President, I have said in convei catin wvithl personal friends, before coming to this place, that I intended, if no one els; -lid. to requ est the memlbers of this Convention to expr ess — not as a Convention, but as indiiduals —to the IPesident of he U,nited States, thie desire we all felt, hai neitlher Mr. .9)avis, nor tny other person should suffer for oul sins; that if many of us had opposedl the seces:sionr of th~e Stalte ofL Mlississippi at thle outse. many of us h'(d considere(d it to . e our duty to oppose the movement miade in thle Sout'i wivitt a view of asserting and maintainiug a separate government — still, I presume all c f us are more or leQss guilty, h1avingi afterwards sympathised( with the movrement, and aided it and I am not willing that the sins of uas all shiall he visited on the head of one man. I am, therefore, willing to go as far as the farthest in endeavoringl to iitigate the punishment that may be thought proper to be inlicted upon the late President; but I regret very niuctli that a resottution like this has been offered, fo r 1 kio 1 an.'y atOn h is Convention imght take in ftrtheri-g the object of that iresoltion would he misconstrued; and I thiink that g'entleien, after amoment's reflection will agree witht me. Wlhatis sympathy for the individual would be construed into symapathly of a different kind. I hopeit will not be necessary for us to vote on this matter, and that the gentleman will withdraw it, for I think this action will come withl better g-race from us as individuals. MR. HUDSON, of Yazoo. —Mr. President, I proposed this resolution, simply as an act of humanity —as one-coming from the State in which the distinguished gentlemen mentioned therein, resided, and as coming, perhaps, from the proper source. 4 41

PROCEEDIN(GS AND DEDBATES IN THE In thle first place, the resolution does not require that tlhe committee should report a memorial to the President of the United States, hut only calls for the appointment of a commrittee, hy the Chair, to inquire into the propriety of memorializing the President upon the subject. In the event of that committee deeming it proper and prudent to do so, a proper memorial could then be presented with their report. If, however, it is deemed obrnoxio.,, and that such action on the part of thle Covention would prejudice us in the eyes of the administration —in the eye ot the Jlnited States Government, —I shall certainly witlhdraw the resolution. But, in reg(ard to this subject, sir, the President can only regard us either as loyal or disloyal. What is the evidence of loyalty —so far as regntlating the gov errment itself? It is that certain parties shlall comiply witlh certain requisitions pointed out. 1 believe this Convelntion is almost entirely composed of gentlemen who hold opinions, politically, the verv opposite of those of Mr.j)avis; and it seems tome that, without a very iunsual and extraordinarv construction of this resolution, ttle President could not suppose it to eimenate from any p)litical symp-nat'tiy or aeement witl Jefferson Davis. I merely introduced the resolutiol that enquiry mrighlt be instituted, but, ulpon the suggestion of members that it would )e obnoxious eCven in the secse of an enquiry upon the part of this committee, I will now withdrawv it. l[. tIariris(on, o)f Lowrides, from select comnllllittee on State (C-onstitrtniots, submitted the f-iloviig creport: Mit. PP,E,-IDIJ \T: The Cominittee on Conistit1utioInal Aimend (ments, to Whoim wasered thle resolttiolii, il relat,-nl to tlhe expediency of autlhoi-izing the Legislature to cone'i- jurisdiction o0 Justices of the Peace, in actions of detbt' wllere the principal of the arounurt iII coiiti-oversy does inot exceed oite 1-tuiIdircd dollars, upon an open account, and two Iundte,ed and fitty dollars upon a promissory note or writing obligatory; ask leave to report, tlhat they have duly considered said resolution, and are unnanimiously of opinion thiat it is inexpedient at this time to enter upon any such changes or alterations of the Constitution, and accordingly recommend that said resolution do not pass. On motion ot lMr. IHarrisoIIn, The report was received and agreed to. The following cominunicati(on was read, anid ordered to be spread upon the Journal: 42

by onei boi(I of liai-iioii,) ('tid confidence, and. that the jiohle starts ii( I stri-ies Ibe, i((o,,,iizecl by,t 1 men, as the eiihleinis of'h ~m of t1 )i-av(-o, aiid the land of tl-te 13 e pleased1 to acc(el)t, ii4to exl)lre.s to tile, ieiliT)ceis ot thei (~,oilveltiol), liy l(tcttak or tlie 1ii~-,Iiistiietioii expi-esse(, in (ll~ 1011'11S( )Iiit,'io, ani hid v ])is to T)Q, wti -i-eat1~1't Yo~~ii ol)ediej —t seirv(',tii P.,. JOS. OSI,-,AS 'Afaioi G,~iia Aio~~ite-, T1' rl ot) ie-C))~i tp~ l)()i.1itle4 t;,-'i 1ll i I~iC ilito an(i I-eIpolt to) tjiis ("Io]-vciitioli, U4ltl(;1 I()115 ad at~~eic ii-4incnits of' tlhe (' o)isit)iioi1c and expoeicnt to r-estorec, the State ot MI-.(s1))i) its c1onisti-tttioiial i-el,,tti ons t( — the, Feclei'al Goveiciiiiie.tt aii eiititle, its Citizcti,s t protLe t in o II) v tI I nt ed( S t~i ntA('I~ ivasioii anid d1oi-st-ic violeIence,i Was takcen- up. inur. Siimontoli, of Itavai-iiT)a, moved that. the re(l)ort of thle Comyimittee a'nd accompnjaningiiordinanice T)(-,)~idr~ section. by secti-ori Wh-ichi was ado pted. The fiirst section of the r-epor-t ilavingy becIi i-ead, Ou m —oti~on of M;Nr. Jliarrison), it was adopted as follows. ~to-wit: Firs-t. That the Constitution shall be am-ended by abolishing and striking out sections one, two. and three of article seven, under the title "slaves," anld ami~endment one, approved Februiary 2th, 1846, relative to slaves.

IPROCEEDINGS ATNI) I)EBATES IN TIlEf Mr. Bair, of Lafiayette, offered thle ollowiing as a substitute for the second section of the repor t: "Slavery hlaving b)een abolished ill this State by the action of the Governlnenit of the IUnited States, it is theref'ore hereby declared allnd ordained, that lereafter there shall he neither slavery iior involun-tairy servitude ini this State, otherwise thlan in the punishment of clines, wvhereof the party shlall have been duly convicted, and the Legislature, at its next session, and thlereafter as the public welfare mnay require, shall provide by law fori the proteetionI and security of the person and property of the freedmei of the State, and guard them and thle State against aniy evils that mnay arise from their sudden emancipation. M~. YEGEp: MIr. President. —I do not propose to enter into any discussion on this substitute, but simply to state that in my opinion, the tendency and effect of the preamble thereto, will be prejudicial to the purposes and views which I think a majority of this Convention entertain. The preamble undertakes to assert as a fact, what may or miay not he true, to-wit:'That slavery has been abolished by the act,of the Utnited States Government. I think it has been abolished bv thle war —and that its abolition is the consequence of tle war, carried on letween thle Unlited States and the belligerent authliorities —known as the (Confederate States. T'he result of the war has been the destruction of ,slavery. It is true, that t-he President of tlhe United States, by a proclamaiion, issued as a war measure, on the 1st day of J aniary, 1' 863, declar ed that slavery was thenceforward abolis4ied. But that proclamation, being a mere declaration, did not abolish it. So,-etliihg rigcore woas necessary. Before tlhe i suance of this proclamation, the President, in Septenlbe 8,, B $, had issued anotlier procla,matiou, call,ingg upon the T)eole) of t4lto St-eceded States to lay down their arms, and return to tlieii alle(giacie to the Govermitnent of the United States —asstirieg th em, that if they would do so, they would l-c protecte d in all their rights to person and property, including, slaves, guaranteed t-o them bv the Constitution but waring'i' them, if they did not do so, lhe would, on the first day, of JanJuary, 18ti3, declare, by proclamation, that all slaves in the insurrectionary States should be free. This proclanmation was derided —the wariing was disregarded — thie insurrection coltinued —and the war was carried on until thlle armies of the Utnited States entered into every State, and compelled the surrender of all the forces arrayed against 44

31SITfSSIPPI COk' STITUTIONAL CO-N VF.NTIONX. them-and tluis carried into execution the )proclamation of emancipation. Hence, as a fact, slavery has not been abolished by the sole act of the United States but its abolition bas been produced bly the joint action of the Government, and the people of the Southern States. The Southern States seceded attempted to withdrawv fiom the Union-and a war ensued.During the war, the President warned them, if they would not discontinue the war, and return to their allegiance, their slaves wotld ble emancipated. They declined the proposition, and continued the war, until they were overcome, and slavelryv was destroyved. How has it been destroyed? Unquestionablly, its destruction ha* been produced by the war, and is the consequence of the war wNhichl was carried on between tlhe two sections, in which the abolition of slavery become one of the issues iavolved and decided. I, therefore, oppose the preamt)le, because it asserts as a fact, what J do believe is historically untrue, and because it can have no cther tendency or effect, thani to impair the usefulness of the section to which it is proposed as an amnendment. It would create useless discussions, Northl and Soultl, and would prejud.uice hereafter the condition of this State, by ceaseless wraingling over an immaterial issue, whicli should be left to the historian and which this Conventioni is not called on to determine and should not therefore undertake to decide If the fact be, as all admit, that slavery has been destroyed, then we should deal with that fact in a practical way, and for practical purposes, and not impair the usefulness of our action, by the assertion of things as absolutely true, which some assert and others deny-and which, whether true or not, can make no practical difference in our action. I, therefore, without pretending to argue the question, will be compelled to cast my vote against the substitute offered by the gentleman from Lafayette Mn. JARNAGIN, of Noxubee: ft. PrIesident: I agre(, in part with the last gentleman, and do not rise for the purpose of making a speech or enteriing inito a debate upon this subjeet —a thing, I do not expect to do, in regard to any miatter, dluring the sitting of thlis (Convention. We are all satisfied that slavery is al)(lishled. It lias been abolished by some power, andl I think it nothing but right to inquilre into it, and we canl certainlyv come to some conclusion how it has been abolisled inl Mississippi. It surely has not been abolislhed bv the unrestrained actioi 4 I,)

PR()CEEDIGNS A-Ni) T)EB1.TEIS IN T'Hll of this State, ias a voluntarttv act. This systeill lIas in some manner, been forced 1J)oli tlLe Statte, a( - I, s a (lelegate uponl this floor, wish to see this Conlenftioni assert, if we can airrive at it, ]how it is tlihat e aCr wNilliug t,) declare that slavery shall not helieafte exist ill tlhe State of MAississippi, tor certainly in the vicw' mai(1 opiniOn of thle civilized world il; will Ie well kiinow r tThat th[iis wa iot a voluntatry act onl tile pait of the Stateof Mlississippi. If -e ha(di hlad no wai', there was no coilp)ulSion, forcee ol' poweri the wVorld knows, so t.t as th-is State is lniow -n to tlhe world, that could have obligeId us to take tiis step), atid there wvould not hlcave beeit.a delegate uplon this floor, tillit \would have said:'Abolisli slatv.rry ii) tle tS otef' B( ississippi." 1, for one, ant willilli to cetde Uiil 1eCo'nliZe 4lie tt that slav(er is i s n]ic t il iis State. I ctc 11 (ot lhere to advocate slaveir'y llOng ts, O1 to pleal tfc1 its lestoration; but I- thiid( it d(i 1, out11 coistituteiit, t1hat ii o1ur consSti-. tutioiial pam(ieidmets ul)ii tlhiis sli)jet, we should set fortll distinctly) hoJ slaveiy w a1s a) bolislItdi. I believe it was abolished b)y ti p)roclafilationi of the President of the IUnited States n-idl thle fotituiies of Aa, anmd what possible liarili can tleire be in setting folitli thlat fatct? I ani o opposed to the iiaiked fact of tlem abolition of slavery going forth tothell woild as the action of this Conventioni, and I ain iii fatvor of statiiing the faicts and setting i-ortli the condition i whicvlweli wee c placed, tidw h iciih has changed our views ii regard to this t]ing, causinig us to accept this alteirnative. hMR. Bxeuu, of Lafayette. —-M. Piresident:- The question has been raised by the deleg(ate fiomg linds, as to whether the statement that slavery has been abolished Iby the action of the Governmeiit of the United States, is in point of fact true.'Now, sir, eachi delegate ini this hIouse has taken an .)ath that lie will abide by and faithfully support thlo acts of Congress and thle proclamations of the President of the -United States, in reference to the emancipation of slaves, and ea(ch voter in the S'ate of Mississippi, by whose authority we are here, was required to take that oath also. WVhen the Federal Government asked us to take this oath that we wvill abide by and faithfully support the'acts of Congre,ss, aId the proclamations of the President of the United States in reference to the emancipation of slaves, what proposition did the Government Fubinit to us? It submitted to us this proposition: That the laws of Congress and the proclamations of the President of the United States in refer 4(i

M[.SI — SIPPI CONSTITUTIONAL C DJAVENTIO-N. ncce to the emnancipation of slaves constitute the authority of the Government, by virtue of whic, and in pursuance of which slavery has been abolished anld abrogated. The Governmenit of the United States in making this proposition to us required us to accede to the proposition as plainly admitted, as plainly, if you please, dictated to us, that by its official authority, the Government of the UTnited States has abolished slavery. We know that the laws of Congress and the proclamation of the President of the United States in- reference to the emancipation of slaves, declared the slaves of the State of Mississippi to be free. I have taken the oath to abide by and faithfully support these laws of the Congress and the proclamations of the President of the United States. I stand to that proposition; I -shake hands with the Federal Government in this way. I came here to stand to that proposition, and I propose to stand by it in the Constitution.I propose, sir, to put the language in the Constitution, that I have agreed under oath that I will stand by. I ask the gentlemnian from Hlinds, if there is any escape from the proposition? Does not the Goverunment itself admit that by its authority, by the authority of the laws of Congress, by the authority of the President of the I Tnited States, slavery has been abolished? Does not the Government take upon itself the responsibility, the credit and the honor, if any there be iin abrogating, and abolishing slavery in the State of Mississippi? Is it not true, tihen, in point of fact, that the proclamations of the I-President of the United States, togethler with the laws of Congress on this subject are the authority of the Government of the United States by which slavery has been abolished, and is it not consequently true What by the action- of the Government of the United States, slavery has been,bolished in the State of Mississippi? No other hypothesis is true. The ordinance reported by the committee says, withluot any explanation, that neither slavery inor involuntary servitude shall hereafter exist.What do we iearn by saying "shall hereafter exist?" The implieation, and the only inference is, that up this point of time it does exist, and that in point'of fact, is untrue. Let nme illustrate this tling. Suppose the Convention should pass an ordinance saying that hereafter the Sabbath should not be observed as a day of rest. What is the implicati6n and the iniiference? That up to that time-up to the very moment whenl the ordinance was passed-the Sabbath had been observed as a day of rest. Is it not also true here? Is it not stated by implication as strongly as if it had been 471; ll

]'ROCEEF,)ENGS AN) D)EBATE'S IN TIlE stated expressly in words, that up to this time slavery dooes in fact exist? Do we not, therefore, ignore the action oCf the Government of the United States, and we do not therefore say that what we have sworn, is not, in point of fact true? I assert that my proposition states the truth of the subject, whereas the ordinance of ithe coimmittee does not state the whole truth. I have heard gentlemen say, it is not prudent to always tell the truth. I agree to it witthy this qualification: if you are under no obligation to speak. if you are not bound to speak, if you are not called upon to speak, then you are not under any obligation to speak the truth but if von are called upon to speak as we are bound to speak on this subject, then I hold that we are bound to speak the whole truth, and that a s-i()])essio Ce'q is tatamount to a 8tyge.tio f,8i. fTavingo come here to speak on this subject, we are bound to speak the truth, tihe whole truthl, and nothing but tihe truth. I propose to state it here, relying' upon the justice and magnanimity of' tihe powers that be in \Washington, that the truth will give no offense. Hlow canii the thling give offense? ITow can the statement of the whole truth be prejudicial to the objects wp. desire to accomplish? Is it not a fact that the whole world knows that the Goverinment of the timited States has proclaimed to the civilized world uponI the faee of every Nortlhern newspaper-is it not a fact, patent upon the Freedmen's Bureau-is it lIot a fact patent on the - whole action of the Government of the United States, that the Government of the United States claims the responsibility and honor, and. credit, and in their language, "thie immortality of having wiped from this great and firee country the stain of slavery." I somewhere read a document, issued, I believe by a dele-. gate from this county, in which he undertakes to tell the people ofthis county-if I am quoting correctly-that the President of the United States suggested to him and anothergentleman, that it was proper thiat the State of Mississippi should recognize in hler Constitution, that slavery was gone. How then can the statement which the President suggested should be made in the Constitution of this State, be prejudlic.al to us, when this Constitution goes there? Did not the Governor, when he issued the proclamation calling us here, tell us that slavery was gone, and bv the action of the Federal Government? Does that prejudice us? In view of the truth-in view of what is due to us as mnen-we should( state the truth, and the whole truth on this subtject. MATPI. P.)rTEIL'. of Hins- I r. Prsidei(cnt:-I am sorry to 48

1IISSISSIPI'I CONSTITUTIOXAL CONVENTION. * see sir, that important proposition, suggested for the consid eration of this body, in relation to this subject, meet with a sort of whispered objection. If the delegates of this State, sitting here in theit sovereign capacity, shlall choose to de clare what they believe to be the truth, or to act according to the dictates of their deliberate judgement for the good of the people of the State, and the country, they should not be thus softly silenced, with a whisper, that their sentiment may offend somebody out of the State; that it may prejudice their interests somewhere. I had hoped, sir, that every member of this Coinventionl canme here with the view of acting as this people acted in hlays of old-for the good of the peo ple, and the good of the country —regardless of considera tions, whether parties outside might talke exceptions to our proceedings. l-ecre is a righlit course sir anud there is a wrong course; and in my judgement, the rilight course is to act and do as one thinks right, regardino the position of this as a State in the Union. I am, therefore, in favor of independent action on this subject. I am in favor of exer cising to the fullest extent, that ancient lil)erty of speech, which prevailed Nvhen tihse stars and stripes floated over us and guaranteed a freedom which is older than the Constitu tion, and secured by it. Now, sirs, what is the condition of affairs here? Gentle men say, that slavery is dead. Well, I say that practically, it is dead —thle fact, however, beiing yet a subject for legal decision. But if it be dead, how was it destrtoyed? Has there been any Convention of the State of Mississippi in session, during the last four years. which has abolished it? No, that is iot the case. Has any authority competent to bind the State of Mississippi lly any ordinance or action, abolished it? No, Sir! Is it by any action of the people of Mississippi? That cannot be. Who claims, then sir, to have abolished it? Is there any such claim? I think, sir, that as to the historical question, there canll be no manner of dispute on this subject. Members of this house recollect that Gen. Hunter, of thie IUnited States service, when com manding on the coast of Georgia, issued his proclamation, asserting, amorg other things, that.slavery and martial law were inconsistent with each other a paradox in my estima tion. Asserting that, however, he went on to declare that slavery was abolished within his military department. On the 19tht of May, IS86 2, President Lincoln issued his pro clamation, correctinx tlhat little proceeding of Geni. II,nter's, but the: Presidenl in lii pioclamation, reserved the right 49

~)(R )CI1EEI)Ix1NGS AN!) DELBATES IN TilE thereafter, to declare whether the exercise of such a power was a necessity indispensable to the maintenance of the Government. Now when hlie came to issue that emancipation proclamation, on Sept. 22d, 1862, he commenced the docu ment with the following preamble: "1, Abraham Lincoln, President," &c, "commanding" &c., "hereby proclaim and declare that hereafter, as heretofore, the war will be prose cuted with the object of practically restoring the Constitu tional relations between the United States, and each of the States and people thereof, in which States the relation is or may be suspended or disturbed." He then goes oil to declare that unless the people, by the first of January ensuing, shall establish such relations, he will issue a proclamation abolishing slavery in the States and districts then in insurrection. Accordingly, on the first day of January, 1863, ihe did issue the threatened proclamation. Ie goes on to recite the previous proclamation, and declares that the insurrectionary States and districts, exceptling certain specifled parishes in Louisiana, and excepting therefrom any slaves in the Stateof West Virginia, in certain counties of Virginia, occupied, I suppose, by Federal forces at the time — were free and sir, he dec,lares this to be "an act of justice, warranted by lthe Constitution, upon mtnilitary necessity." I think, sir, in view of these declarations of the President, and what has been insisted upon by the Federal Government since, in relation to this proclamation, there can be no doubt that the Government, of the United States has asserted, and now assumes that the slaves in some States, and in this, had been freed by virtue of the pr oclamation of the President. How is it that the General Government is now acting.upon this matter? Is it not, sir, by force of the acts of Congress enacted before the military occul)ation of this State by the Federal forces? Was not this Freedinen's Bureau put in operaticn before that time, tihe jurisdiction of which extends to all persons of color, in the State of Miissssippi? There you have the acteion of the Federal Government on the subject, and one provision of the act of Congress reqiuires the military authorities, to'yield such aid as may be necessary, on requirement of the proper officers of that 'Bureau. If thlen, sir, it Ie true, as gentlemen. say, that slavery is dead here, in the State of Mississippi, I think no man can deny, as a historical fact, that that extinction has been produced bly the action of tihe Federal authorities. The only point is this-whether that action is legal .)o 0

ALS ISI tI> (!ON$TXIT UT' e)N\ Li (ON 10 ENTIo N.. whether the courts of the couintry, will sustain it. President Lincoln iregarded thle -jattei-' in this lil)t. In his annual message suicceedin, the issue of the second proclam'ation, he said tthe courts of the country might overturn all his action upon this subject but he thLroughout the whole course of his administr'ation, by his public declaration andl official acts, hleld that this population was free. Let me call the attention ( f the Convention to certain acts of Congress, on this subject. An act to define and punish treason, declares that slaves belonging to every traitor in the South, he being duly convicted, shall be free. It further declares that slaves taken orcaptured, in any fortified places occupied by the military power in rebellion, shall be free.It declares that slaves permitted to labor on any public work in the South, or engaged on any ships of tle insurrectionarypower; or in its arsenals, or in any mannier aiding in the military operations of the power opposed to the Fed. eral Government, shall be free. Well, sir, when gentlemen who conceived themselves to he liable to the pains and penalties of treason, as declared by the act of Congress I have referred to, applied for amnesty and pardon under the proclamation of his Excellency, the President, what did they do? Was any one sworn to recognlize the fact that slavery is "rubbed out by the friction of war"-to use semi-official words? Were they required to swear-in the language of my friend-tlhat the "thing is dead by a sort of mutual friction, or crushingi out," caused by the rush of contending, opposing hosts? No sir! They were reqnired to abide by, and faithfully support the Proclamation of President Lincoln, declaring these people free. They were required to abide by, and pledged to support the acts of Congress for the emancipation of slaves-and what sort of a pardon do they get sir? They get full amnesty withi restoration of estates-excepting property in slaves. Now, sir, how does the government lookl at it?It looks upon it in this ig,,ht-that it has accomplished the abolition of slavery in the South, by, as President Lincoln declared, a military necessity-to uphold and sustain the Government. What sort of policy does the President require us to pursue in the estimation of certain gentlemen? Why sir, it is to admit the fact in relation to this subj)ect. If slavery be abolished here in Mississippi-and if the truth be that it was abolished by Federal action-the gentlemen comes for o- I

PRO(-EEDINGS AND D)EB-ATEs IN TIFE ward and blink that fact, refuse to acknowledge wlhat thev assert the President requires of them, and cooly adopt ati amendment in our organic law, abolishing, an institution of the State, which existed before the days of our sovereign capacity —an institution regarded as the foundation of our prospority; and we are to do it no'v for State reasons, and not because of outside reasons, or outside pressure, but purely as a matter of State policy. This Conlventipn, professing, to act as a free Convention of free people, prop ses to declare it a mnatter of policy; in other words it p1roposes to declare that tlhe prosperity of the State does not depend upon this great source heretof6re of its produclive industry and prosperity. Althouglt as I have said, this is perhaps the public declaration, we know there is somiething; behind it. iAnd I ask gentlemen who are disposed to regoard suchl suggestions fiom albiroad, and to take sugffgestions as thlev come f0om WaShiltoD, to"admit frankly the true reasons for thei action. It has scen declared over and over again, by the whole Nortl that they lhad wiped out slavery lhere in tle South If that is thle fact. act on your ow. policy gentlemen, and frankly admit it. — If that is not the fact, then let it alone. I beg of thle gentlemell of this Convention to consider what is due to the character of the State, and what is due to tihemselves. Do we adopt this as a measure of public policy, best adapted to promote the material prosperity of the State o! Mississippi'.? Do we consider it necessary as a matter of policy, and for the prosperity of the State, to chaDnge our labor system?If wve do, let tus frankly declare that but sir, in any event, let it appear why it i that this amiendment was adopted. IMr. Jarnagini, (f Noxubee, moved to postpone tile fiurthler consideration of tile report until to-i'orrow in orning, 9 o'clock. Whliclh wvas lost. Pending tlhe furtlie consideratioin of the substitute, ()On motion of Mri. IB-arr, tlle ConveJitioii adjourned unlltil 4 o'cloek, P. r. Fl,OUP O'CLOCK, P. M. Thle C(onIvention niet Ipursuanit to adjourn-ment. The substitute offclied by Mr. Barr, for the second secthun of the Repoirt of Committee, was then taken up; when 52

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1uLiur. u,idit I~LJ~ t y la,u t W1 te I;II()i ]l'OI,t',1tlo 0I1(t seculrity of ih e )erison ani(d ol o)e l )ty ( tihe'egloes and iulattoes of the State. aIC guaid tI.eii and the State a gai!nst any'evils that mila ari:o1 f'Iom tilCir CrCItio. -,A. Ilarrisoini iovc4(i to lay the sItStitute llpOIl tthe table, Whiieli wns decided in tile affirimati%e. hy )yea; a::d nays. called for br ies)v. Potter, B 3arr tond P,ipn)3 as follows: YEAS. 5[r. PU-eideit, c sitsrs. Bya1-, va9ld, Blackwell, Billips, BPinlfbOd, BandoI) s n, Coopei, of Rinkif, (arLer, CrawfoIrd (uinmings, (1iur, Tunean, i)orIs, Davis, Dowd, Farley, Gatlihci- uIy, Griti ln [emin gwa, all, Hame, Houston, I Haison, Horne: [ill, Jo es, Jo)InstoIIJ, (f H1inds, Klennedy, Liidsv Lopei, Lewis, Marshall,Ma t ii of Adams, :Martin of Sunflowe,r, Motot)er y, Maayso, orplis, Niles, Owenus, of Tunica, Owen, of Scott, P,ssle,; Ptyto, RLives, Rushi:ng Salcnders, of Atta;l, Siiou, Sp,U nkmaLi, Stanley, Slover, Wallace., WVhiite,'VeooeN Wrhebb, Watsoii. Wade, Wylie, Wier. Yerer -— (;1. NAYS.-Messrs. Barr, Bailey, B-rowni, Coljnpton, Cooper, of Panola, Pranklin, Goode, Gowani, l-Iurst, Ieard,Htudson, Jarnagin, Johnson, of M3farsllall, Johnson. of Smith, King, Lewers Lambdin, Maury, MQNalone, Matthews, Potter, Phipps, Quinn, Reynolds. Reid, Sanders, of DeSoto, Swett, Stone, Trotter, Tate, Wall, Woodward, Wilson. —3,-. Mr. Jarnagin offered the following as a substitute for section two of the report of'the Committee; The State Of Mlississippi, fully recognizing the laws of Congress, and the proclamation of the President of the United States, in reference to the emancipation of slaves, and hereby ordains: That neither slavery nor involuntary 4l

M1ISSISIIPIIt C()NSI5UTIOXAL CCN vLrTION. servitude, otherwise than in the punishment of crimes. whereof the party shall have been duly convicted, shall hereafter exist in this State; and the Leg,islature at its next session, and thereafter, as the public welfare may require, shall provide by law for the protection and security of the person aud property of the freedmen ol the State, and guard them and the State, against any evils that toay arise from their sudden emancipation. Which, on motion of 3fr. IHarrison, was laid upon the table. Mfr. Potter-, of Hiliid. offered the following as a substitute for section second Wm:P::I\s, Certain authorities of the United States, de, claim, that,. by force of certain proclalllations of the President, and of certain acts of the Congress of the United States, all colored peieons, heretofore held as slaves, in this State, are, of ri ht, fiace which said claim is now enforced bv military povwer, a,ainst children of tender vears, and other innocent persons, as well as against those implicated in the recent rebellion * anid 'TWIi~REAs The CGovernment of the United Statecs has, by acts and resolutions of Congress, and otherwise, acknowledged the obligation and duty resting upon it to make conpensation to proper parties, for their slaves, emancipated bv its authority but has neither paid, nor promised, to any party entitled as aforesaid. such just compensation, as by the Constitutioni it is bound to render; and whereas, the constitutional validity and operative eflect of said a ledg,ed acts and proclamations are questions proper for the decision by the appropriate judicial tribunals; and WI-EJIXZAs, The good people of this State, reserving to parties entitled, full power to assert iQ the proper forms, any of their ril'hts and claiIms ii the premises, do at pres ent submit to the said claim, asserted and enforced by said authorities: and in so submitting, do now treat said portion of said colored population as if free, and will continue so to regard and treat them until the said alledged acts and proclamations are annulled by the proper tribunals, or.- are otherwise lawfully vacated. Be it firth,e,, ordained, That the Leg(islature of this State be, and is hereby authorized and required at its nest ensuing session, and from time to time, as may be proper, until such time as said alledged acts and proclamations are lawfully annulled or vacated as aforesaid, to enract all needful and proper laws, rules and regTulations, to secure to said 5

PROCEEDINGS AND DEBATES IN T-lE colored population, protection and just'ce; and to regulate their labor, secure industry and sobriety, prevent vagrancy, idledness, pauperism and crime among them; and promote the peace, order and prosperity of the State. MR. POTTER, of Hinds —Mr. President: In arising to present my views, and to urge the adoption of this proposition, I trust that I do so with a full sense of the obligation and responsibility cast upon me as a deleg'ate to this Convention. I desire to express my views plainly and -freely, as I believe the adoption of them would be for the best interest of the State; and, in doing so, I shall re,gard, not the things that mlay be approved outside, but the great good of the State and tile couIntry. Before, sir, I proceed to discuss directly the propositions contained in this substitute, I wish to examine a little the condition of the Statt after four years of disastrous war. If we are to judge fi'om- expressions used by delegates, by official persoragoes, and by citizens in the community, it is plain that a great cointrariety of opinion exists as to the lycta condition of Mississippi at this time. i, sir, adopt the public position of the President-of tlhe United States, as avowed in his published official documenets, and addressed to this people for their information regarding the true condition of Miss;ssippi. The condition thlerein indicated is, that our State to-day, notwithstanding the acts of secession, notwithstanding, the war of reblellion, is still a State of the Union, with all her rights and privileges under the Constitution, precisely as she stood in the day when she was admitted in the year 1817. She stands, under that Constitution, the co-equal of every other State in this American Union. So iegarding her, and feelinc myself under special, solemn ob.ligation,s to ra(lr nd siup)i-)ort tihe Constitution of tle United States — that obli,ation heing- high,er and above all otherls —[ am not disposed to submit to aniy conditions imp)osed upon this State as conditions to the admission of helr Senators and Representatives into the National Congress, that are not authorized by the National Constitution. I am sworn to support that Constitution, and will not be a party to any action pursued in submission to dictation, from any source whatever, imposing conditions precedent to such admission. I cannot regard it as lawful that our Senators and Representatives shall be first required to take a special oath contained in the acts of Congress —a sort of test oath of loyalty —the sum and substance of which may be stated in this wise: that no man can present himself there-, as a -06

M ISSISSIPPI CONSTITUTIONAL CONVENTION. Representative of a State, who has even smelled the recent rebellion. I say, I cannot recognize the constitutional right of Congress, or any other body, to impose that oath upon the delegation that Mlississippi may choose to send to the Congress of the United States. I cannot recognize any authority in the General Government, or any of its departments, to impose upon the people of Mississippi a condition that she shall present herself there with any~special or particular clause in her State Constitution, before her delegates shall be permitted to take their seats. As I understand the position of the President of the United States, he takes precisely this view of the subject. He holds that Mississippi is a State in the Union, under the Constitution, and entitled to the full enjoyment of its benefits and guarantees. In his official proclamation for re-organization and the reestablishment of civil government here, he has affirmed these truths, and has conceded our right of representation in the Congress of the United States. He has prescribed no terms or conditions such as seem to be assumed by gentlemen in speeches out of the house, and by their votes here, regarding this slavery question. I state his position to be, that he is willing to admit our delegation with the Constitution just as it stands. I know there has been a contrariety of opinion on this subject, which has arisen, in no slight degree, from incorrect reports of the address of the Federal Executive in his interview with a certain delegation from the State of South Carolina. I hold in my hand a report of those proceedings, contained in the "National Intelligencer," of the 27th of June, and will read an extract to show you his exact position: "D)elegate-Can our admission or rejection depend upon our adopting, or not adopting, what you think right?" "President-No, I only advise-I would have you understand me more correctly. ")elegate-Then is this a sine qua non to our being restored?" "President-You must see that the friction of the rebellion has rubbed slavery out, and I assume it would be beter for the people, through their Convention, to makeit legally and constitutionally dead. The people, in coming forward, would better recognize that fact. I take it, sir, that this report contains a correct statement of what passed at the interview between the President and the South Carolina delegation; and the tenor of his language is purely advisory. Another portion of this ~ 5 57

PROCEEDINGS AND DEBATES IN THE report represents the President as advising the deleg,ation to adopt a free State Constitution, and the proposed amendment to the Federal Constitution abolishirng slavery wherever the jurisdiction of the United States extends. The The President says:'"When you have done all this-whein you have adopted a free State Constitution, and the proposed amendment to the Federal Constitution, it remains for the Government to admit you, or leave you out in the cold, to use a common expression." He neither promises one thing or the other, and gives us no hope, even though we do adopt all these amendments. All we can say, then, as to . the position of the Executive, on this subject, is that he tl/inks it would be better to do this; but he imposes unon us no condition precedent. Such acondition, imposed by him, would be in direct contradiction to his public declarations. He asserts that the people have, from the begining, possessed the right to determine who shall constitute the voting population of the State. After making this declaration, he cannot interpose against a State, and change the law relative to voters. How contradictory would it be for him to attempt to dictate to the people of a State what particular sort of a Constitution they should hlave —to dictate to them that their delegates should not be admitted to Congress, unless the people of the State, in Convention assembled, should adopt a clause forever prohibiting slavery in that State! No, sir! The position of the President is exactly the reverse of that; and the inevitable legal conclusion from his pro laamation for the re-organization of this State, is, thlat le is in favor of the admission of her senators and representatives, if qualified under the Constitution, without aiv ofther terms or restrictions being imposed upon t}lm. I 8,fu.'thC1;', treat were we inclined to submit to dicta tion irop any quarter, [ should insist that the dictation should he plain and explicit beyond the possibility of mistpprehellnsioni. I say, sir. if the President has any purpose to exact of this people the insertion of a free clause in her Constitution-it is his duty so to de6lare publicly, in a formal document addressed to them for their information. It will not do for it to be given out that the President desires this and desires that, when he is dealing with the pteople of a sovereign State. I cannot consent to receive Executive rints on this subject. I wish the -thing plain and outspoken on his part, that I, in my capacity of adelegate of the people, may be able to respond in like manner, by way of answer. 58 0

MIISSISSIPPI CONSTITUTIONAL CoNVENTION. I will not receive hints even from him in a matter so impor* tant to the interest of the States. It does not become the delegates of a great people to listen-to hints ierely, from aiy quarter. I can say, sir, if the President of the United States is ashamed publicly to declare his wishes, then I am ashamed to consent to any wishes he may convey to me by way of h]ii?t or inrueudo. Let him take Ads share of the res ponsibity, and I take )Aine, as a representative of the peo ple; and when gentlemen talk me about the wishes of the Executive, let them show them to me in a public document issuing from him and addressed to us as a people; for I caa believe none not thus coming from him. Inasnmuch as the President of the United States has not ,c,fficially notified this people that he insists upon this amnendment as a condition to the admission of their dele gation, I iimust say that no such desire exists on his part. He will insist on no such condition. I say it from the fact that hlie has not notified the people that he wonld.so insist. Can I be guilty of injustice so mnonstrous against the Executive of a great people as to assiume that hle wul declare his wishes by private telegraphic dispatches Coi hints to one gentleman, and inuendoes to another, that may or not reach any other citizens of the State; and will then hold this people liable if they fail to come tip to pro posals and conditions that he keeps secret in his breast conditions of the existence of which they are in no nman her or form publicly notified? I cannot assume it. I can -iot do the National Executtive that great injustice. I therefoire say, in view of the circumstances, that the Pres ident exactsr no such condition from this people. I say firther, sir, til.at, although h1e nmay suggest by way of ad vice to certain incdividuals, t;h:at it is politicto adopt a tree State Constitution-politic to adopt the amendment to the 'Federal Constitution which would give to the Coi-,rress of the United States jurisdiction to legislate over the freed population, in spite of the desire of the people of the State i cannot say, I cannot assume, that thie President of the United States even advises this to be done. le has not notified this people in any official form whatever that such is his advice. No, sir, the Executive of the United States knows better what becomes himself, as an individ al, and as the great Executive officer of the nation-bet ter what is due to a great State of the Union-than to as sulme any such function as adviser to a sovereign State. I say then, that in my view, so far as regards the Natiinal 19 a

0~TOCE:N~I BLAST? DE iATTE S IN TIHE :xecutive, w.e stand entirely unriestrained —we stand entirely withont advice in this particular. tis prpose in issuing the Prociamation is, that the people of this State may enjoy speedily the b)enefits of a republican government and the blessings of liberty, iegnlated by law. How does he propose this shall be clone? Ile proposes to appoint a Provisional Governor, an.d that Governor has to take the initiative. In his interview Mwith the South Carolina delegation, l]e says the Executive can only do this, leaving it for tlhe people to carry ont for tl-hemnselves the objects had in view. The Provisional Governor canl issue a call for tile Convention, can see that the delegates are properly qualified accordinig to the terms of the Proclamation, and thenr the functions of the Provisional Governor, or of the Executive, as connected with them, cease. It is then for the delegates of thle people to go on, and, by new provisions, organiize civil government in the State of Mississippi. It is one of the great purposes of the proclamation to re-establishi here in. the State the functions of civil government, which have been suspended during the recent war of rebellion. WhTat other object has the Executive in view, as indicated b)y his proclaniation? It is, that steps should be taken by the people ef Mississlppi tor their due representation in Congress, according to the Constitution of the United States. These are all the purposes indicated by the President with regard to this matter; and now I desire, gentlemen of tJiis Convention, to bear in mind this especially: that tlere is no suggestion from any quarter, or any threat, or any hint on the part of anybody, that the Government which may be organized through the labors of this Convention, and ptt in operation for the State of Alississippi, ivill be overturned or suspended in its operations, whether we adopt a Free State Constitution or not. I say, I have yet to hear the first intimation of a threat from any quarter,'that the Government which we shall establish and organize here, will be interfered with in any manner whatever. That is not the danger which gentlemen on the other side suggest to the apprehensions of delegates. They do not venture to say the Executive will overturn a State Government, established in accordance with his own invitation, through the agency of his own Provisional Governor, and in accordance with the regulations he has prescribed. There is no suggestion of 60

0IISSTISSnTPI CO lSsiTUr i%NjoI C(;, NvLE.' IOG. that kiud. As I said tetoret there, ar tht te Executive will interfee in regar(d to the admissioi of our' delegation into Congress. That is not the dangel. What is the danger? I ask gentlemen to consider, and inot mingle one thing with allother; or.confound the innocent Executive with any whlo may become guilty parties in this respect. I aduit, sir, there is a party at the North, and I think it probable there is a large party in the Federal Con,gress, who will insist upon imposing on the State of Mississippi, through her delegation, illegal restrictions. They will say: your delegation shall uot be admitted into Congress until the people of the State havre conplied with certain conditiois. One of these conditions is, that they shall have adopted what is called the Free State Constitu tionI. Another of these conditions is, that the population lately occupying the position of slaves in this State, shall be raise d) by State action, and that immediately, to the position and dig(nity of euals with the white population. There the danger lies. And let me warni gentlemen, that in adopting this Free-State clause whiti a view to secure the admission of our delegates intoi Conzress, the]e is exceeding danger thlat we yield too niiuch, becne theay do not yieldenollugi. I sav, sir-paradoxical as it may seen -they yield too much, because they do not yield enough. They yield so mluclh as will encourage, as wvill incite, as will prompt and invite to fturther aggression; but they do not yield enough-their sacrifices are not laige encough to appease the appetites of hose to whom t ey ofiler tihem. So soon as youL are i)repred to come ul) to the standard; so'sool as von will inakle in this SLtate a perfect equality between the two races, I will guarantee that your delegation will be received; its admissiOn willn be hailed b)y thIe parties w.holi yol seek to propitiate butl I cannot guarantee that it will be!,ailed by any nal national, oistitutional, conservative mnan, who u'mayv happen to be in the couIcsils of the nation. 1t seeris to ine, Mr. President, that gentlen-ien, in presentingL, tis matter, lose sight altogether of inhuman nature, and especialy of depr)-aved political liumani nature, so to speak. Th~ere is a eoutro~l1(u parL;- n Con'ress at this tirme There is a e ~~o!lm' iI ~-'," I -? that sees, as ve see, that its poi'ticat ex-isteice may depend upon the reiectionr of the delegations fironi these Southern States; and it is fir delegates to consider the probability whether tlese gentlemen will consent to this species of 61

PROCEEDINGS AND DEBATES IN THE political suicide —tlie extinction of their party, by) perliit ting t-le admission of these delegations. It is a great quiestion of party with them-the continuance in power as a party; and, in ouLr deliberations -ere, we slhould iiever lose sig(ht of this aid icther facts connected withl the siubject. \Wliether that extrome party whlichl iisists 1u)pol free si.ffrage and )erfect equality, now controls the legislation of Congress, I cannot tell; but I say this to gentlemen oft t-e CoTvenltion, that if it possesses the majority aild in sists upon tlhe duty of the governimen,t to raise this populla tion to equality wxit]i the white citizens of the State, tlhei wve naiy assuLiie i* as certain tl-hat our delegation will not Ibe adnmitted. On the othler hiand, if'we are in tlhe inajority —if thle majority consists of mnen of just constitutional views on this subject-then we will be admitted under the terms of the Constitution, whether we have a free Constitu tion, or present ourselves as. the members from Mississippi have presented themnselves since the year 18o., upon this old Conistitution. If the party in power desires to impose this condition of free siffra,-,e upon u1s, we cannot avoid it by any submission short of' that. If the party in power inii Congress is a constitutional party-if it regards the right OI the States to regulate their own domestic concerns iii tilieir own o way-'wli, then, it will admit our delegation as in times of old. VIhat, then, do we gain on the question of expediency, by the policy suggested by gentlemen on the other side? Can they give to this house any assurance whatever, that if we do as they propose, our delegation will be received? No, sir ru-t, they say, if this be done, the President will pI)robably remove from our midst these bayonets! Well, Mr. President, iI believe it is an historical fact. for something like a year, that a free State Constitution has existed over the State of Tenniessee. They there did, a yesr ago, what it is now said the President desires we should do; and I ask gentlemen to inform me how it is and why it is, that the military forces of the United States still exercise sway in that State? If it is probable, if it is to he hoped even, that the President will remove them from Mississippi when we adopt this proposed amiendinent, whv is it that he has not, within this past year, removed those troops from the soil of Tennessee? I had an order which I have not at hand now, issued by Major General Slocum, dn the 3d of August, which recites a recent order isted by tihe contiroling officer of the Freecld 62

MIISSISSIPPI CO(NSTITUTIONAL cONvENTION. man's Bureau at Washington, which order was approved by the President of the United States in the month of June Jast. According to the recital of this order, (in order No. 10,) by General Slocum it directs that the officers of the FPeedman's Bureau, and the military officers of the United States, shall so act and conduct thlemselves in relation to tias negro question, as to convince everybody not only that the negro is firee, but of the necessity of adopting such legislation as will prevent further interference of the militarv authorities oni behalf of the negro. That order, according to thle statement of Gen. Slocum, was approved by President ohnsoIn imself in the month of Juine last. I wish tilhe osLde particularly to bear that in mind. [lere, then, is an C('Icr and its direction to the military authorities is, that they are so to conduct tlhemselves as to convince the people dOowvn here of the absolute necessity of adopting such laws as are considered necessary and proper in relation to this nmatt rriot suchli laws as this people, acting as a free peop)ie in tbheir legislative capacity, or in their sovereign capacity would freely adopt; but such laws as thie Federal authorities may regard ia the premises. I- the order there is this further declaration, that so soon as the courts of Miss~ssippi recognize that thie black man has tle rigilhts of the witr an, th thie military will not interfere. I regard it an ilportaint matter, and I take occasion to say now that I will look up the order and have it read to the Convention. Now, sir, here is the public position of the President of the United States-a bureau order approved by him; and it requirc-s more than is proposed in te ordinance reported by the committee-more than they are required to grant. Gentlemen have not come up to the requirements of the President's order in this respect. Then, sir, if we regard this order as an indication of the purpose of the NTational Executive, I ask how can gentlemen assume-. ihow can they flatter themselves, that the proposed orainance will prove satisfactory; or that its adoption will in some way result in the removal of thie armed forces from the State? Until :you recognize the negro as your equal in the courts of justice, von cannot lhope it; until the act of Congress in relation to freedmen'is repealed, we cannot expect the removal of these forces. It is known to. the members of this Convention that wherever the officers of the Freedmnen7s Bureau go, there go the bayonets fo; their proteCtion and the enforcement of their orders. Th.e act of Congress provides that this bureau siall -be 63 t

day, under tUe expre s fi e s of the eQacts ol: Co)ngress, the Freeduici's Bureau 03 to ce ot' +ie!I oate I lhave heard it aid by t.e tl.ehh undetand the Pesi dent has promised that as soo-i as we got right in certain particulars, this bureau shall be removed i-ut t a.( ar, of Congress will interpose and prevent what lie lie' desire in this respect. Unless he cait procure the rep)eal of tlha act, ie cannot carry out any pledges hie matay make in this par — ticular. Lookingo to te acts of C-o.gress atdt to the executilve orders for the emplovnment of' the mllilltarv to pursuade the people to tte enactment of s-lpposed proper laws. ticere is no present prospect of tl-i s )eed- ieemoval of thie milItary forces fro this Statoe. I as.he. LIr. PIreS ident, that gentlemec will explain to us lwhat iS sought-whlat is expected to li oaincd l by )ursuing a course ot suilppos.ed subserviency to Executive views in regard to this'matter? Is there a reasonalrle prospect-is there a hope even, that our delegation to Congress will be admitted any sooner if we adopt the proposed amendmrLent to the Constitution? Can gentlemen give us any i'eason to expect the anilitary forces will be removed one moment sooner if we pursue that policy? If' tle gentleian can give no reasonable ground for assurance in either of these particulars, what can they offer to induce ts, as delegates from an independent people, to pursue a course of subserviency, to gratify' he wishes of any party or person, outside the State of -Iississippi? tUntil they do this, their plea Of expediency utterly fails them. They come to me and say, ";your views of the subject is

tdlSS ~ C!!Ur]' ('N \,!i tt"i;i i t; const tiAt iti.il — t i';lt t.o'9Jae t: Ie i....... i,,; tlut3on; yo },v ou tolive oiid t'c ('mlm days of the Republic, are are sort. of an old fogy wakiingr up in a new era of new ideas. You insist on these terris and qonditions for your State, which would have been just and proper, and have met the approbation of everybody in the days of old. before the rebellion: but thley are now entirely out of order." Well, SIr. President, it is my sworn duty, to regard this slavery matter, and do right and justice concerning it; but, sir, it is also my duty, my sworn duty, to maintain the Constitution of the country. 1-t is my sworn duty to vindicate and maintain the liberties of the State, and of its people. Some gentlemen with whom I have conversed, who have taken an oath that is not very popular in the State, but very common, consider that the party taking it becomes bound to abide by and faithfully support the acts and proclamnations passed during the war with regard to the emancipation of slavery; and they think that is the whole of the oath they take; but, sir, it is only a part of it-according to my legal apprehension, the minor part. WAVe are solemnly bound "to support, protect and defend the Constitution o0 the United States, and the union of States thereunder."Now, sir, you may raisea suit regarding the validity of the Federal Constitution, and bring' in the weight of law and musty law records, and law rolls; you may employ any amount of logic and ingenuity, but youl can get fromi no leg,al tribunal the declaration that your Constitution is illegal or void; but, sir, if you start a suit wvhiich involves the validity of these laws and proclamations for the emancipation of slaves, you may, or you may not, as the mind of the court may be constituted, procure a declaration that they are unrconstitutional. Now, to show which is the superior part of the oath we have taken, let me suppose the Supreme Court oftheUnited States declares that the proclamation, and laws referred to, are null and void, as repugnant to the courts df the United States. I ask any gentleman on this floor, to say, if he can, that after the Suptreme Court had thus annu.lled these laws and proclamations he would still support thiem, against his oath to sutpport the constitution? No. if the court of the United States should declare these things void as against the Constitution, you could no longer abide by and support them: for the oath to protect that Constitution would still be of binding force. This shows, beyond dispute or cavi, "'5

PROCEEDINTGS AND DEBATES IN THE which is the superior and paramount obligation contained in the complex oath that the people have been required to take. Let rme offer alnother suggestion in regard to this oath-aand I do it from what I have heard in convrersation with a member of this house. Because hlie liad taken this oath, he considered that he must vote for the free State amiendment —that he must support this clause in the report of the committee. Let me sa.y, in all candor, without in'ending to wound the feelings, or toutIch the sensibilities of any citizen attempting to support or abide b\ the amnniestv proclamation, that he wiho votes for a free clause in tl1e constitution on that ground, gainsays the validity of the la,ws and proclamations le hlas sorn to upilold. hy vote tor thLis constitutional amendment? it is because slavery is not abolisled? IThlie pproclanmation -you ai e s orn to abide by and support, declares th;at it is obolished. DIo \ol a:sume that it is yet not aboished? Tliei- you do inOt abide y the proelaiationv —yon do not abide b? its woi ds, b)y its p-rpose by its terms. You assnme it is ull and therefore yot To on, )y your own will and iin youo, o own power, to vote tire abolition of slavery,and whein voiu retiirn to yourll coiist,itiuetts, acting wit-i tiat view, von cannot sav,I have a':}ided by and fai-ithfiilly siiuported he proclamation rei ardija, emancipation;" but you can sa, yL and my ar sociateS r,epresenting the mai orit~ of ithe people of Aississippi, haArc abolished slavery." No, sir A,. man wvho takes thlat oath is not bound to support stuch an odinanceas thlat proposed nort to prop up eitlhei proclamation or laws, or do anything cf the kind, that would raise a doutbt in the miunds of tle, people, whethler those laws and proelainatios aire of any Ifbrec or validity of themselves. I say thenr, sir, that legallv e-very imeinbe is pemfectly free to vote for or against the amendment, according to the dictates of lhis jdiimnient as to what may be for the best interest of tlhe State: and in taking either course he equaiy abides by the ol)ligations he h1as comie undei in taking tle aniesty oat-. ie lets tlloe laws and proclauati,on s statnd as they are, an'd abides by t1eL~I aIlnd supports thee iii all their extended operation wLatev-er that may be, for better oe'r for worse. If we do thus ablide )y those Iaw, — and proclamations and continue to so do, so long as t[hey are neither annulled or vacated by jiudicial p)roceedings or othelir lawful anthority, do we not, in spirit and in trutl, abide by our oaths? Until thus declared to the coniitrarv, we pi-opose to continue to treat theair as valid, and to consider these colored people as if 66

L~~~~~A I dAL~1111JUL~ LH~L Lb U',IUi cf~~iii.,:,iicipatioii proelaira,tion anid th,e,icts O' C )r sa -s -' i.~j a id o f i t Tile t~u-tl~i is, thattee acts lg~k4 reat j,,tieial1 cluestioiis, proper to'i,e decided by thle cou ts aiti( tul,-r is -no po~,,sil-ili~ty of.- evad-iiio a d,ecisioni. 1' t'icr is1 juiTst vl here I p~rologue t,,) leave tile qiies'LiOii.-W~e Fli'),,nit to) the I-)rooOsiti~oi- thial, thcse sla~ves are f'ree, for p,,ez~)~efi it (, I)erhap~s, fc~ al'i time to come, Sli~ject onily a ((~ten~iiiaioivb t~e,ipprol)riate, judicial trithur,,,l, of Si-j)G.SC tI,C Stipreflc-i Cotirt of the UniitedI States slioii(l de clan ~e~cacts,).n p)Uoclai-iatioi~s to ],)e litter niitiiities ~ Its el)(~Tantto tlile C~oiistitlition, thenr,'whntlell Yoti t~1C y,. dos i~t -Na;.i here'Stippose, oni the other h,-nii, th-iat t~~C Sup C oti -net, cts, it if-saidj will p~robabl beY,I~ the case, L~iii ec~sethat those acts ~itd proelain,.ationis were, uniider th-,e eiretn'nntaneces, le,-,al a-i-d oi.)l]~Yatory, and~ tUiat by force, of thecm., slv(i-~TV -'~ats -,i)oli shed ini this StatLe. Wle-, the Saiprerme C(-)-irt Cto(-s that, it declare s i~, i daier n,ot to Ti)e deniiedi, that t j-i lole w)kof,,!)olishiin(g slfaicrv liii the State of iMIssissippi, wa~ls- th-e wokof the Un-ited States It casts upon ~te Uniiteed S~altes~ thle whIole relosTtl~ connected with this g'reat questi~aiion id mn ~tose respoiisiT)ilities, hil m-iy dnet M -r. esi~lditt. t'h-ere is ("11 of n~o small I-iom-ient. rlh'it gov-N etrmeiiet Lvn set f,,-ee the iiegroes in -tis S+,ate, li,,vint — c ast ~ ~OHC itSt,,,Le -tte, a,large poputlation, a~monig whioi were thoen san~s aq tns.'fti-,oiisaids of the ag,ed, helpless aiid niniiir, male lii)ers forsomi-eb~ody to, support,. JliI sit chi casc~, cvcry ~entimct' of Astice. dutry an,d lhonior, wNouild dicte-te th,-tt tire i~ederel ~evesnnient sh'iia iae aIde,qua,-ite provision for o-11 the,,

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e e a~ l, cflalims t o co.,le'i( st,3*(_ 1e - liv of our C~,. 1-I cti arzens.v Jt I aL toid that this claim for cop slo tion_ amounts to r:othing.-that wc are ~:ot to supose + t'('overnment of tit Umict,Sta.tes wsl, i iiy time to ome, i,ay it —that it will no recon a iz e w ate althe wold ( ] t dleclarce to be a solemn ob3i' atio e dy. L e 1hthe th fe.eral g-overn~mnit has a'ivfe! n oV i "iT;. e t....i to soupose that it will fail tjo eFco(te-' t (I f sta iL i i this respect. Wvhy, sir, lw -v,- — t aftcrt shtl. w e t(1 +0 tauo'ithle late war with C Iriat Brtital. The B)r1ti:li a-nmies tool. Solithern slaves ifroi o plantt,I i l id aftr the ar tt,e auithlorities of fhe Unitedl State,s fndeelCe o mpensation fion the British Govern-rmeit, and that eonpensattni was nade to the own0ers of those S laves. They wee slaves taken, in tine of war, by the pubic cernemy. Again, wh e the late President of the United States was considering the pOpricety of em)ploying our slaves to aid in suppressing tthe rebellion, hie took the advice of the judge advocate general of the United States upon the legal questions involved-and was ad isedf by lhim that the Government might legally take these slaves uipon one of two grounds. One was, tLat they were property, and could be, as suchi, appropriated to public use, upon making( due comlpensation to the owners, as required by the Federal Constitution. The other ground suggested by him was that they were recogized as persons as well as property; "b)ut" saidl the judge advocate general, "if you take them on the plea'of their being persons, the con stitutionial obligation rests upon you still to rnalke conimpensa tilon." When the late President of. the United States came to issue this proclamation regarding the emancipation of slaves in the insurrectionary States, he had this same matter of compensa tion upon his mind. In the proclamation of September 22d, 1862, is the declaration, that at the proper time the President would urge upon Congress, thie duty of making compensation to loyal men for property lost in the South by'reason of the war, including slaves. During the war, the Federal Govern ment abolished slavery in the District of Columbia, awarding compensation to the owners of the slaves thus set free. Dur ing the war, also, both houses of Congress adopted a resolu tion declaring it the duty of the Government, whenever any State adopted a policy of gradual emancipation, to give pecun iary aid as compensation. I say, then, 3Ir. President, that the Federal Government has acknowledged itself, over and over again, bound in duty to make compensation to proper parties on account of their slaves emancipated by its authority. The debt of the country is great, and it may be some time before such claims are paid; bu,t w-e need not wait; for the 6 11) ,,, i "I -)- -AL -', -— TT).

i / PRiOOEEI)ING(S AN-) I)E1ATES IN TfHE Government can, even now, make compensation to this people. It can, for years to come, relieve lis from the })urden of taxa tion. Let the Government say to the people of' 3Iississipp[, "-we relieve youi fromn taxation for a series of years, in consid cration of this debt for compensation due your citizens; and in consideration that we so relieve yol firom taxationl, vozu sliall pay over what you owe the governmelnt to the proper parties among your population." Would not that preser~t relief be of great moment to this people? WVould it nlot b nore to them than thousands or tens of- thouLsandcls would hfiave been but four years ago? A mere pittance of what is righteously due on account of this emancipation, would be -nuchi, very much, to our impoverished people. I say we have no right to assume, without ant appeal made for a fair conlpensation, that our right will be denied; or to assumne that, against the interests of those whom we are, of all others, solemnnly bound to protect-iinnocent children, women, and o. [)hanls-our government will do this great injustice. I wil.1 submit for the consideration of gentlemen of the Coii,vention, whether the plan I propose does not meet all tha. could be required of us by anybody, if' gentlemeni persist to aet u-pon- suiggestions of that kind. It proposes to acknoowled e :01 the preseniit time, alnd tlhrough all tilme, titil the propejr tribunals shall declarie this claim of he goverInent to be inv-alid, all that can be required; and is not this policy better than that whiclh gentlemen propose; inasmuch as it secutres tlo those wlo are tmdoubtedly entitled to compensation, an i - :restricted oppo)rtunity to come forward and demand fioir the 1proper tribunals, compensation for the property they- may i-ave lost during the war. Mr. Harrison moved to lav the substitute upon the table, Which was decided in the affirmative, by yeas and nays called for byMessrs. Potter, M-arshall, and Johnson of Mar. shall, as bfoll)ws YEAS. —Mr. President, Messrs. Barr, Byars., Bond, Blackwell, Billups'Binfbrd, Brandon, Cason. Cooper, of Rankin, Cooper, of Panola, Carter, Crawford, Crum, Duncan, Farley, Guil-lev.y, Griffin, Hllurst, Hemingway, Heard, Hiall, Harmm, Houston, Harrison, ILorae, Hill,' Jarnagin, Jones, Johnston, of Hinds, -Johnson, of Smith, Kennedy, King, Lindsey, Loper, Lewis, Lambdin, Martin, of Adams, Martin, of Sunflower, Montgomery, Mayson, Morphis, Nilem, Owens, of Tunica, Owen, of Scott, Pressley, Phipps, Peyton,. Quinn, RPives, Rushing, Sanders, of Attala, Simonton, Sparkman, Slover, Wallace, White, Wooley, Webb, Watson, Wylie, Wier, Yerger.-63. NAYS.-Messrs. Bailey, Brown, Compton, Cummings, TO

MISSISSIPPI COX TlITUTIONAL CONVENTIO1N. DI)owd, Franklin, Gaither, Goode, Gowan, Hudson, Johnsot,, of MarshallI, Lewer, Nalrslhali, AIaury, 3[alone, AIatthews, Potter, Reynolds, PReid, Sanders, of DeSoto, Stanley, Swett, Stone, Trotter, Tate, Wall, Wade and Wilson. —28. On inltion of IMr. Potter, the Convention adjourned unti to morrow morning, 9 o'clock. SIXTI T- DAY. SATURDAY, Au,cT;.rsT 1l9)t1, 1 865. The Convention met pursuant to adjo urimiellt. -Prayer by the Rev. John Iuniiter. ournal of yesterday read and approved. Afr. Watson, of Marshall, askled leave of absence for MT,. iecBride, of Iadlison,'on,account of illness. * Which was granted. The Convention proceeded to tle consideratioii oi tlhe r e - air order, to-wit: The second section of'thl-e r-eport of tl-he committee on State (Constitution. Ir. Hiudson of Y.'z(~), offered th1e fot owi' is a siabsti +~ -i said section: That neitier slavery cinoor involuntary servitude, otllerwise thani in the punishment of crimes, whereof the party shali. iave been first duly convicted. shi hereafter exist in this State antd the Legislature at its next and succeeding sessions, as the public weltare may require, shall provide by law for: the protection and security of the persons and property of the tree niegroes and mulattoes of the State, and guard thenim v,xnd tlhe State against any evils that may arise front their siideni emancipation: Provided, TlIat this clause of tie Constitiutionnl, ai all leg(islation b.ased up)on it, sha suspended and :inoperative, until the several persons hereatf't elected and commissioned to represent this State in the Congress of the United States, at the next'session thereof, shall have been dillyr a,dmitted to seats and all the rights and privileges of representatives in the said'Congress, and until the civil authority of this State shall have been duly restored, according to the Constitution and laws thereof, upon said representatives and civdl authorities taking the amnesty oath, if not already taken, and the oath of office, required by the Constitution of the UnitedC States, of the former, and by the Constitution of the State, of the latter; and their admission to such seats, rights and privileges., and such restoration of the civil authority, shall be evidenced and declared by the proclamation of the Governor of 11

Fr;IJ~OCLE)NIXGS A'?ND E BA T NS Tfl' .he St~c )U i othii -I.(1e e,iitie(i( saill {e coistrued to prejticji e ay righ:o li C o)en stiole,?( t Unite tsates for tie loss o' Cm. Mu.. Hu x ol Yzoo ri d In contemplating t;.hee pi.hR~ }s S () tn_s_ (()a~i')u' uCd conclluded to Xs't?Jn () ) 6 L )S 1 t~i l)'L.' C-t.(rtilSSioit of' those gre,at., inmpo rtat and idinelital qoltesi'ons, wiTil would likely be preCseIntedc for ol, eeiti o iti o, ORand to co)ntent1 m yslf ith1) the Iexerise of' t}-Le ate v power and p-i,]vileoe of s ityt1 vo( upon t1i-ei at of sao'e of action. woltd, s,1 1 ] t. "TresideL i1f leftu to 1y Own ieel-ings and Ipeasucre, a(,di-ie r t-mt line 0o poiec, tirfin(dig'many of the most pironmiini,t auc1-i e mem)ers of tie Conlvention ll ttlihng for result s,id asserting4o' l olicy, so atota"onist those I hold, I fee it'lue to mny self, to this C(onvetioni, an.d the country, to briefly present the ieasoJsthatcontirol iy action, and I think, should mark th]e action of this Convention. I therefore, Mr. President, ask the kind indulgence of the Colnvention, while I present my reasons a tid convictions upon this important, anc to me, unpleasant question. In the discussion of this question, the first dutyis, to settle in our minds the -nature and character, power aud authority, of this Convention. Whether it is a Convention of the people of the State, in their sovereign capacity ancld power, exercising +,he greatest privlege of freemen-the framing of her great organic chart of liberty, with no restriction upon its action; or whether, as insisted by many, it is sad,dled with unusual and extraordinary restrictions and disabilities? I hold, sir, that this is a Convention representing the sovereifn power of tle State, with no restrictions,.fetters or shackles, save those imposed by the Constitution of the United States and the laws passed in pursuance thereto; otherwise it is no Convention, and does not represent the people, but rather the President of the United States, or the Federal Government. It is true that this Convention was called by the S-ovisional Governor of the State, acting under the authority and sanction of the President of the United States, but of whom and what is he Governor.? It is of the people of the State of Mississippi, and of them only. Who elected and sent us here? The people of Mississippi, who, by the rule and test of the federal authorities were and are loyal and liege subjects of the State and the United States. The State existence has never been deniad.She wears from the Federal Government and all her authorities the title of "State." This is a Convention of the State, and not the Territory of MAississippi. Thp President of the United States and the.Governor of this State, both address the State of Mississippi. When and by whom have we been declared not a State, but a Territory? For whom can we legislate or 72 N

IiJSSISTIPPI Cc,-N'$TITUTI",)NLA CO)NVENTION. r~rm, For l-e peo)le of this State only. It is solely bfor th:em that wve 0cal make or ul ae na organic law; and no Convention of a State can do) that unless it represents the so-ereignty of the State. The cceation or amuencdent of an organ ic law is an act of sovereiolnty of the highest possible grade aC dilniity. I feel ielponsible to the people of the State, a( to tlUem only f ny action he1re, fbr they alone must wear the iron yoke or soft crown of all we ordain. Every delegate here ftilly knows thlis. We can make 1no law, no rule, no action, no Constitution, for any other State, nor for the United States. I no know of no mandate from the Presi dent 0o the United States, or the Governor of this State, as to wh,at w e shall or shall not ordain. Would they hold us in duress, and extort from us, by force and bayonets, an organic law, not required by the people of the State, or the Constitutlion of the United States? If so, then this is a bastard Convention, and represents nobody. It is said here that this Convention, being called and suffered to sit here by the mercy of the President, we are responsible to him and him alone, for our action or inaction, and that he expects and requires us to walk a chalk line; that our path is narrow and straight, and that is to abolish slavery. This requisition, if it exists, is not on visible paper, but is in pairs or parcels. Is the Government of the United States a "ConstitutioInal Government?" It has ever been so declared. Then where does the President get the power and authority to call a Convention of the people of'any State, for any pturpose?Where does he find his rightful authority ill that civil g'overnment and Constitution to require the Convention to ordain his pleasure, and not the will and pleasure of the Constituttion? Where does he find in that veteran Constitution, the autlority to make, or mnake ues mr-,ce, a Constitution not required by, but at war with that Constitution? Sir, I think this must be a mistake. The President, in his conference with the South Carolina delegation upon this very subject, and in answer to an explicit question, said, "let us proceed rather upon the idea of rigIt,- and not of power." "I speak not peremptorily, but merely advisory." This language, sir, of the President repeats the idea offorce, duress, or mere power. It may be unpleasant. to the nostrils of the administration, as I know it would be to the taste and prejudices of party, for us not to abolish slavery; but it cannot be so to the Constitution of our fathers, and of *our own, as it came from them-and which was purchased with seas of blood. I must insist that this is clearly a Convention of the people of Mississippi, with no overseer or dictator; but the plain and.plebeian Constitution of the United States, as it is this day, and was on its birth-day, upon this subject. There is no war, or war-feeling element in this 6 j7

IPROCEEDIN-GS AN! DEBATE'1 -I_S YN H1 country. A profound peace p)revails' the Constit~ition oF ttLe United States is over us-or it is dead e-veiywhere. If we aec in the Union, it is a Constitutional Union. Inl presenting the substitute for the report of -the coinimittee,. which I lhave here offered, I do not present whlat I would prefler for our adoptioni-nor have my votes on the various questions voted upon here, represented muy convictions of the duty and policy of this State-but mly own opinion, and such, I believe to be the judgment of the intelligent of those I have the honor to represent, that slavery being declared by certai authorities of the United States, already abolished and there being no clause of our Constitution creating or perpetuating slavery, it is a work of folly and superorogation-a work of inhunmauity-a desecration of the dead and the grave, to exhume the negro, merely to celebrate anew the ftmeral ceremonies overi his putrid~body, and the stench of his cold and icy grave, and to registel the fact, and his re-iinterment in our Constitution. Wh-ly not. simnply r epeal the two provisiolns i our CointLtuition, prohibiting the introduction of slaves into t.s Stqate, and the emnancipation of slaves in this State-the n I %clauses thereini having anvy mention of, or reference to slaves, a n( tten_ repeal, our siave legislation? Whatobjection cant there b-e to this policy and course? What conflict would chere t hei be between the State, and the declaration of free-doimt by the authoiities of the United States? There would ibe ntie, )t it would be an acceptance of' the fact, that if 'slavery was a t)olishe(l, it was done by the United States, and itt b t ist'rd l tiat we offer, and would offer no forcible resis:taot to) sh1 declarationl of freedoin to the negro —but luig,ht : )e,,, ieeale )bly and constitutionally, enquire into the validity 04'di: 4',(edoi' in the Constitutional, judicial forms of tl-e eniter S'e -Stit e s ve could not exp)ect aiiythlin( more thai , l,icie in ot-Lr b)ehlialf on tlhis subeject. This is all I aslt r.i(1 ('yc(,";;:i:i ini tgeE Sta,te.woi!d ll e'satisfied witlt i,. I ",(io,'i,'' th a i t lsl a ver- y - hs'bee. a)Oltis-cl II' t1is St'tt, legally c,t coc,i,tit t io'alvft evi cen b th( laws of war. Itf tlhe I:'r si (~'t U t lltht I^it was abolshiedf, ydid h le prescr ili oe -- t:;i-i i:,f:vfYs io,:~s; in- tilh mnllnesty (oath on0 thliat stl)ject?WIhy l ocS, fu I' iu aceess to, nit close the Courts agaiinst us ut f lfpo,_ii th.l: srper?h y does he -urge the proposed amnenid,.ntef t te F t ed eral Cotistitutioi, abolishing slavery? WV'hly loes he',1dv ise Soth Carolinato "legally and constitutionally abolish sl-vejy? I' this Convention thought slavery abolished, wlth doe-s it propose to abolish it, or whly did tihl Presidenit call is here to abolish it? 3Ir. Lincolni, in his inaLigural cf Mareh 4th, 1861, declared that he neither had the intention cor constitutional power to abolish slavery. 3Ir. Seward assured the Frenchl Government, thr:ough ]iinister Daytoni, even after 74

MIIISS!I PItJ C(N)8TIT'UTu)IiALN CON —ELNTION. the bomibardment of Fort Sumplter, that the United States hlad no Constitutionlal power to abolish slavery in the States. In fact, every prominent man of the abolitionl party have frankly declared the same thiing. The question does not admit of debate in legal minds. While I admit that slavery, i point offact,. is abolished, I cannot admit, but deny, that in Jlv, it is abolished. Slaves were not surrendered with the Confederate army. Onlv the soldiers and property of the ,Government of the Confederate States were surrendered, and :not the private property of individuals; but so far as the negroes were actually captured and held by the military of the United States, dluring the war, they were, by the laws of war, free, but no others. It is now, however, proposed that we do n-ow kill all these questions very and perpetually dead, beyond the power of resurrection. It is said that this course will secure us the exercise of civil authority, the exit of the Fed(leral ,armiy from our State, and representation in Congress. Theni I understand that this is a forced measure, and that we can lave no such rights until we do so. Truly sir, this speaks -volumes, colossal and potential, for the sovereignty of a State; for the Constitutional Government of the United States, and for the freedom of the great plebian people and freemen of the Republic. I Thisis nilo longer a Government of the people, htolding their agents amieanable to them and the Constitutioln; 'fut one in which the people are down-trodden by their agents. Bit, sir, where do these promises come from? who makes them? where is the record thereof; or the witnesse? The President (ould not make theim —for he has no right to admit or reject :orn Congress, any member. Congress has that sole power b)y the Constitution. Congress can control the army and :navy, oAer the President. Conlgress can increase or dihinish here the o(arrisoins;'and shor ten or leglthen their stay, and cet. tainiV thel havi e mia de no sucl promise; Ibut the leaders of tlie dlominant party of the Cong-ress, are openly declaring iil public speeches anId fourthi oi' Jluly orations, even att the very Capital of the Government, that we shall enjoy 110 such right or privilege, until we sanction the proposed amendlment to the Constitution of the Umited States; until we confer upon the Congress the right to legislate for the negro in the States; mild until we enfanchise the negroes with the highest political status, power and freedom of the country; and that they alreadly have drawn and prepared such bills, for the immedLiate action of the ensuing Congress. Look, sir, at the fate of iMaryland, who never had even a bogus ordinance of seces,ion; and who, by her people, abolished the institution of slavery three years ago; and tihe Federal armies are thicker upon her soil thani upoii ours. Look, sir, at Tennessee, who abolished slavery over one year ago; and yet she is more 75

PROCi7LLD!G-N-, l ID)EBi,ATES l IN THIE sadly oppressed Ay the h1eel of mLilitay- power aind rule than we are. They have hot reaped tite h-tlrvest, nor caught the golden image pronlisedl to uts us equivalent for the abolition of slavery, actd I ask whiy we should hastily lay the flattering unction aid earnest to our poor hlearts andi bosoms, that we will be an excelption to the rule, and a peculiarly favored people? Let us not deceive ourselves, nor be deceived byv others. Let us niot give ourselves away, nor bIe "sold." Finding that the Convention is resolved to re-abolisth slavery; to do that which the Federal army anld bayonet, and the President, andc Congress could not legally dclo; I propose by the proviso offeredl, that while we make the concession, we make its effect andI operation dependant upon the Colgress, who can secure to us the pleasing reality of civil au-. thority and civil liberty; and at the same time, secure to the negroes of this State, th4d boon of freedom; placing the sole power and responsibility upon them to do bothl; and if theydo the one they must so instanter necessarily do the other.Could they ask more, or could we offer more than to submit the whole question and power to their own pleasure and judgment? If they decide wrong, it cannot be our fault; nor can they complain at us for having been so generous and confiding. Why reject'the proviso, for it simply provides for that which delegates so' fondly hope will follow without it? What harm can it do? Sir, I prefer to do nothing, unless we can settle all the questions involved. Why leave any question unsettled that closes the door of civil liberty against us? Why be quartered by piece-meals, and protract our lingering, tortured lives in the fiery crucible of the hour, only to be scorned in the last agonies of conquered and expiring lnature? Why concede, without reservation, to one aggression, when others equally great and more intolerable are being pressed? It but invites, nay, stimulates and rewards the pressing of any and every aggression their folly or malevolernce may indict. I want peace of mind, peace of persons, peace of State and nation; and that we can only have by a settlement of all these firebrands at once. Sir, we have been, are now, and I believe ever will be, a persecuted people'. If we abolish slavery, make witnesses of negroes in all cases; allow them to vote, hold office, and stand par excellent with us in all that appertains to us as'individuals, or state, socially, religiously, and politically, we shall then be tormented and tortured upon other and new exactions. Party is ever contending for power, and its retention, and is ever fruitful in new questions and demands for its elevation and maintenance. There is no relation that it will not invade and crush for its hold upon the Government. It has for forty years past kept this Government in a fearful tempest and unholy wars-the 76

sti,,ti iiave shlWIowy tryie -,ctioii oi IIeI- 11~ Ll)4 Ub)k1 mieet, a 1'eei-)roeit,y of duity onl ier piart. It is 11n ittoi or 'tireat, blit all afflrinative resporise. to aiiCt acceptallee of tile asstirane'es whilei (Telegyal-es here say hlave bee'',i ~is1)ered by tile Governlmenlt, so that while slavery wo1l~ b certainly aboilshecT, we wouldT at thle same ti e.eertahiil-v shecLire those 'whlisperedl benefits thiat are otlie-,wise lIV,td~l We make thle great, andl extrarn'odiinary co-i.-cessioI-,I-,d sa,-rifie to attest onir devotion to thle Ui.oii viio IL- its poper' Gov~eri''le'it ill P,-,rt-'ii foree c -ci1 tilh al tnie 1abor, eeoiiomys anid w~ealluli, for wii.llei we i-o~u oly Jlvhale labl~oe(l,'i-)i'Lfo whlicicl oil ,fathers and m,,others liar e toiled and 1-a)01 -d ~i ti.-roil' long and evenitfu'l yperils, hin i s~~ e~t'n'l d to -Ls under th1-e Con-stit,iution- 9s it is, We (-to thi ii i ho —-e of -fnitnie cltiJet anid hiariion:y, aud 40 C, lj O), te ~~1, a U iS tiired benefits ofL tile 1e-Cs'-UabiIs~imenit ol" ou tL ri'io 0Mi land. T'I,,- p,,roviso'pi~ee-i-ts two i",attn~'es to "tilc Coitoiess of tile Uniited, Sta-tes. It tlixC- tire neixt,is 4-c~ time f-or tiie adclynissloll of olii' fet-rcsiil-a~tawves'I,it'IIC Cor~i,,e-,s I propose thl~lis Conbi( —ress, for the — paLqll,-)a",)Ie ]~t tie',-.et ({uestions, iin v,7ieii -w(e are i-,,ost dhceplvy w;", —i aitc liluist b,e settled b~y ~~uCo,(),ess I;,'-s' posel p~onedl to ai later pe-,c- q ie ~eat 1i-Ciisli-ie ~ve appirilend, onr la't)~io ai,, 1 s, hopes anoi' Cx-,-Ieta'ioti-ls, forever -blas~ ~ ~,ted~ i~1or CTl —,, c,.-'Ie -il at to be tak~en b~y o1ur representatives i,. COI).,Yress~. ena,ctedl i- 1862~, comioncily called t'ile "test oath. tl0nhe lrtldvof the Reptiiltc to the crat on i'ulis ex~tr ao~i,idnar-, oa-th' and1lc bill of dliscovNery, tile oa~ o,a-ii ofpie a etir of, Co.1,gress,'Llh tatL provided IItilre CoT,lst-"-lttioin; lint, this addlcitionial oai,created dllrillg~ the reiilii, ad ill- p.arltyi l)tterness n..d I,.i-osClrIptioli i-s to boe adaiii iee(1heaftcr to "Ill Cona~ress-,iien fl-02 —n th ese

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5 1cIin t,ie U;,tiioii as i 1)0 suicl orinliiee, li,,d e-, beeii rei'(_l t~i,,I.e %tq ia~d i-10 ri041t to secede frop- tT}Q Ulii e ~;~tQ ~qi(Jthis Coiiventioi- -will (101iiltless te1io le 01dmi of' ( CY~0Iof 18rt1 a ii4]ll'Iy. TI-ie 1Yive~o-t of t~ie g.,:e,'L Q5t —tesmoi, aii(i ji,tists of ti( )r1)o-,1,,c y )oiidher,-tt ~~ ~~is O1)~i~ If aii3t~iih%), I-i,, I)eC~u settle~!-r-tter tLli,,n ~C~Ot~~r 1)Vtil,,i resor'Ll~ to'1rsfl5- keJ~st r,s-o!t fol- the J)rotl(-,eti-oi of otii 1i —i-ts q~id iYIisiim 0i1Lm4 (~~ Irt i qso pro -et })OO' it has setle(! this ono,, thn tC1~~~~~~ ~ i c ( e,,,- 55 SQCCi A (if'vic i (:)I)illiol 031 s I - i'P -ec tt ~ s 11 i t sst i s c e rt~iII~-1y, I I1I f l iO~~(t~t It s stIlet c-Lid jimpoteint, a11(t 110 111511i 110ow coiitro w sthe feet So f-Lilly determined, aiid, so fir as -we a-re coiil cre,settled1 foreverf I~ the le,-.ei-i inesseiiuers of deatli. T"'ie State is ini the Unlion. I We c,-nn7-ot vote Jier aity further i,n~os can we Rte her otit. Otir civil rights,,nd- antitioilitie,s s 51npl-y is 1ddfor thte present, I)y iii~iloi-',l3 I)011e an(d fo~ree-ill. or-der-. it is said, to piir,,e ils of 01'S treason. ~ni,, fit v~n"( I)IG}pare nsL, for,- Joy ll,)jheets-ai(I nntil thec, ini1)~tiplied, qnj,estiolis -,ho,,t the nc. troes settled. As ~i I1 -im f~~rne~ qnd li~ldersthrd fose whoiave tgli'L-IiC est OS~~T) C the lceletions V ill sniowv con-itit'i-io-,',"'.,nd tU — p01ve5 of-'tl,-e State. T~ii e have taken tlie, (-,-oo(I faith- 1~~~~~'1 V~~~is r.i i i0, S 0)55d1( rul)ose srnd p;1'it 11]ti t'1~~y isottonto egst ijo ol.)siI hi t 1h- e w,-7 l (-)I"~ ai-(l tire re tf-rt,ol —oil 0i'11o, 1c~rt ~ ~ It'tsi q 5~ pov'~~K ~ Us,,re ii( t}1~~j,lt'~ I tj) )(~to (10 s chow rHt.t.v t 5~~3IC S.0) h'~~~~~~0h (1 Ji tO.T-l

A-aaiii, PIr. si c —it, ti- C,o-,tI(~iC+ ~SttS~i ov~it i t ~Q1 }OA ~ 41cto e 07 - L. Ofi p ~t wells- i~oitr g e,,t kipdreI0C s11i",JeCts tu i -,elto- I, I'Li f,,sO iiearly tii ae ti-at tii~l (Co-Lil'!0c -t'e,-,,tCt oil(,,C e 5CT T.qose IQelat,~i- wereV~O'iiisan(1 1ti i -t~Iiartia a-,11cl w,r,i.d -1l~.C 1~ ~ C)~~0il ji tli,,i tthe G-o,,Te CI-?(I8CICent mlils iio i-ir to i-l'-c-le the 1111-11 ot~0It ql j iCCt01(1fl U-, l~tts ns~~~r~~- ~Ij,'~it (jf face 01 to C~iC(iIC0~eC th+QCj)I~,,~ o/P iC 0 OveriillIeiit, tia~ ~ C, C'IC0t -s ~ 0 Con,fer 11)01) 0 C~iiC1al Gover!il-leiit, t \01 l)- i,; of -L110 Coiitituti" Ii) Cwtq'1 n t 1itlo-Lt it., thle -iJi,I-ii-de,iliCt destroy tc-se prc' 1)raV~e aind dom-iestice I elat;.t-os j-)ot-weeii mre tirie d lutiJTl (1ependent eypcll'-enUs. T~l,- Goiel ciineTt eailni ir'uake'o-L Ctes,~,0v theO fjiI opcerty afthe Citiel ol pti"oil~t itL lie -,se, f-,r corie i-iesat-ioii first paiid tlierefor. Bi oiil iC-tws, i)(I, -~eofnition of thie Coii,t,'tutioI-i of tire U" II Sta~l~ tes, Id0teGovernmienit of the Umiiteu States ~iii'l - ou seiv uits were property, n-ot ],)eloni-i,)- to tnie SCtacs, t-",. Confederacey or the Unitued Stai-les, IbuY to m~er,,e idldtl. Thle r-elintionj of gnuslei-~ r0n(.1 ii-Ui, — is ti-mere privaite oncq, reuntited bIy thiem.seilles illii'I rea(" dleoree,,iid protected!)y tile State,

Soon the question will De lorcect upon us, -uitau uite iv t must be divided, not by purchase or sale, nor upon coinpensation; but by an act of violence and self-constituLted autlhority. There is already a party in the land, advocating this doctrine, and you and I miay yet live to see the home of our youthl and old age thus desecrated. TheFederal Government has no Constitutional jurisdiction or power over these questions, and the people of tie United States have uo right )by tle laws of nature-or of natures God-i Ior )by the great molral politi- - cal code of mankiind to even am eni d the Constitltioli, so as to confer such power anild jurIsdictiol. Sir, there is a great principle tha uncierlies this',whole question, and with me, overrides andl buiies ito linsiifincance al' others. I i-i in f'avor of standing up w-herever we mnayn be permiitted to assemble, and discuss these great questions, nd wro''s, piesentiug otm views, andi insistingo ulponi oui rig-hts, andt the preservation of the Constitutional Go-ermnent: o1therwise are can have no Constitutional Uioii, and if o erpow,eredI, we can but stbmit a-s the victin bo th to hie highiwav ro)bber. The idea prevails, sir, that the nilitay power of theo Govern,menvi c do any thing, and is above all restraints ut)onl any and everly muatter. This m:ay be so in fact, but not ri'htfulily or legally so. T1e military arm of te Goverinment, is hy th-1 Constitution,i ir subordination to the Civil authority' and the civil tholoit, the Presidlent, Congress aind the Siiupreme CouLrt, subination to the Coiistitution and Constitutional laws. The miiiary can rightftilly do niothini- not autliorizedc by thle civil tauthoriity, and the civil authority can rig'htfully do nothing, not autiorized by by the Constitution, aidI Contitutionail enactments. Any other conduct inust be iliegal, nd am.iuounlt to ai oe-cthrow of the ConstittLtional Goverinnment and Unionl, - and s-uig 1upon tihe copuntry, thIe laws of the wild, savaN-e and iunbrd ledi nature, in its worst and -iost alignant jassions. Tiat t-,is

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~(2)v(~;~C~-t U})ol~ trIps iiist~;tiltioi.,e( tllis ijoill-"l Si-,:iipl I)OO 1)e()~, theiUe( t to) revise ii-i the — Stip}'rel-I Collrt, tmy ~ ot the (o~~~i~ei~t iJ) t is Jnq~ttei.'I'Iis ivoul(I s?(~~~~~~~~iy ~ ~ ~ ~leve,)~ qee t ~~se ~(t~ fol- they ~~ ~ C I ~Iie ~;ove~i~t h&eave to sti,eli Itcors? iy to i,.e,~- ti~. i]n it-s oivii court, ai. (42I~t~ 11)02 ~{~Iti-illeii,,es If 1~ ie CoA-e,,eti t thli ( 2II~ oiuie J2~I lit- lc-!I-,,- t~24~( the citizeti, of hi,s' -",Ii cI i,,ct all-oA he A- l to'ie ~t,,ale tij l) t settle(I Itily 0(1 Je ]rnpie ~~be caitii,itj'Lr- the hiero s et,~ ~ ~ ~~Ilei,-n~e~ ~itt e ei tT iceetiti N,truitle l~iappe I {(~ I~{J() 2I t iuo ~(1 CJ)Y0~}~t ~ fr. Presi — 1 (i fai~ii }) tI, ~e s l)eetfuT,. I have 11(2o -it~ts. tiio eqnl I -v\iOlence to II-IT eo-iivc,tio,,Is of cIit I!3,.cI T(Ih.v s-l~st,,i~i tile I~'~(Ctof' h Ulitecl 71 tU I4 i2T I., —t,I, I in es,-] ivi a J tewcer co-ptiie'ids ~ ~t ) 5(2) (1(2to (To Y(ol1ll(1 l~)oClisil")lcst "A11(] ii.1-,i,.),il t(() 1(2 i-, o r e-;4o-,~," ill traso l tI-ist, ~~ ~C j1(~~~(~~ ~) ~2U t~~(ee, c-:D ) i-iiest o-f.'~ 1 (iti t 1)~ ~~~~~~~ ~ ~~~~ -I 5- 14 i4, (4C( ~I -I e 0' t ti S'6C tbe S I~ ~ ~ ~ ~ ~~~~~~~~~~~,,~~~,i( iinite(I 2 th~ ~ —> ( - 24>1 ~~ (I' 122>447() z'-01Os)5

PROCEEDINGS AND DEBATES IN TiHEL to submit a few of thie reasonls which lhave influencedl me to oppose it. I shall not, at this stage of the dliscussion, sniu)mit all the reasons which mi'iilt bje presented in support of the position I assume, but siinrlSly advert to one or two prom.inent' considerations which, in my judgmecnt, are concelusive of the whole question. I am free to concede that it is the object of the gentlemen on the other side of this question, to promote the glory, prosperity and happiness of our State. I attribute to them as much sincerity as I claim for myself in any course which I feel constrained to pursue. But, as all minds cannot see propositions in the same light-and perhaps it is well it is so-and inasmuch as some of us must be in error as to the course we are pursuing, it is but rig'ht and proper that discussion may be brought to bear, that it may be demonstrated where the error lies. Without having any great faith in my judgment of public matters of this character, and without urging my opinion as a standard for the opinion of any gentleman, I nevertheless declare at the outset, that it seems to me as clear as the beams of the sun that shines upon us to-day, that the course recommended by the Committee is the only course that can conduct us to the end which we desire to obtain. But before I attempt to answer the arguments of these gentlemen, permit me to take a brief glance at the present condition of our couLntry, and ask -,hat is the great object which animates us all at present. There is danger that in a mulitiplicity of propositions we may lose sight of the great work we have in view. I propose, therefore, to refer to them, before I proceed to the general argument. I will not attempt to draw before this intelligent body, the melancholy picture of the condition of our State. That condlitiou is already too apparent-too well known. Suffice it to say, that having gallantly and inobly, but unsuccessfully, struggled, we find ourselves a mere wreck of our fQrmer grandeur and prosperity, standingo amidst the ruins of the most prosperous country that the sun ever shone upon. Our fields are desolate; nothing but the charred remaims of our homesteads are to be found wherever we travel. The spirit of desolation, like a funeral pal, broods o'er the land of the South. The arm of industry is paralyzed; poverty and privation meet us on every hand; and lawlessness stalks abroad liunpunished, and almost unrebuked; our people are vanquished, overcome, trodden down, oppressed and ruined in their public and private fortunes; and many of them, even yet, are strangers and refugees in foreign lands, perhaps never to return again. Disguise it as you may, SIr. President, whatever may have been the former power and glory of the State of Mississippi, to-day she stands vanquished, without power, without will, without volition —absolutely without any choice as to 86

MISSISSIPPI CONSTITUTIONAL CONVENTION. the course she may pursute. Let us, as philosophers and men, look stern realities in the face. We are here this day, subject to the dictation of the powers that be, however grossly that dictation may violate the principles of justice and the guaran tees of the Constitution. Gentlemen propose acting here in this Convention as if they had a choice as if we might do this, or that, or the other thing, and pursue this, that-or the other pathway; when it is perfectly manifest that there is but one course that tan be pursued, and that is the road marked out by the dictation of the powers that have vanquished us. That is our situation-the obvious and inevitable situationand I hold it no humiliation to concede it. It is, in my hum ble opinion, the part of true dignity, and true manhood, and elevated moral courage, to have a conception of our inevitable destiny, and at once to realize this idea, distasteful as it may be, and act in accordance with the soundest and best policy that can be devised. It is not wise, in this sad extremity, to act by impulse. Mere obstinacy would prove our utter ruin. Let us all endeavor to do that which is best for ourselves, and the coming generations of our posterity. Now, Mr. Presi dent, what course has been dictated to us? What is the only road we can pursue, in order to obtain our great object of se curing the blessings of peace and civil government? It has been dictated to us, by the powers at Washington, in every conceivable form and shape, that there is no hope for the res toration of civil rule and representation in Congress, except by the adoption in the State of Mississippi, of a free Consti tution. If we desire to resume our former political status, with all of its rights and privileges, we must conform to that dictation. There is no other alternative. If we refuse to submit to that dictation, the necessary re suit then is, that we stand out. for long and lingering years of misery and suffering as a conquered province, under the stern, inexorable control of military rule, with one oppression to day and another oppression to-morrow, until there will be no life and prosperity left in the prostrated State of Mississippi at all. If we do not conform to the indications of the powers at Washington, we must submit to be garrisoned by negro troops. What is the great object which we have in view? What is the great object which the honorable members of this Convention have in view? What is the great object which our constituency have in view?. The popular feeling undeni ably is to make almost any sacrifice-to pursue almost any course which will have a tendency to restore civil rule in the State of Mississippi-to put the beautiful machinery of our State Government in operation in all of its departments; to have our representation in the Congress of the United States; and banish from our midst every vestige of military rule and 87

PROCEEDING(S AND DEBATES IN THE military power; withdraw all of the bayonets which gleamn around us, and be no longer disturbed by the reveille at the dawn of day; to have amongst us no remains of that sad and desolating war which hath swept over our country; and so to shape our public policy that the remnant of our poor down trodden people may come together, weak anid despondent though they be, and sit down in quiet amid the ruins of their former greatness-at least to plant a vine and tree and rear a cabin, where they may repose themselves mver the downy wings of returning peace. This is the object-my object, at least-and to that I shall strain every energy of my mind. I am prepared to make any reasonable sacrifice, that I may se cure my constituency and the State at large, at least in the enjoyment of some of the many privileges which were once enjoyed by us, in the departed days of peace and prosperity. Did not the President of the United States (who is our friend on this subject, and whose adminiistration I intend to sup port,) declare it in so many words to our commissioners when they visited Washington? I have said that the only hope of the restoration of civil rule in lississippi, and our represen tation in Congress, was in framing for the State of Mississip pi a free Constitution. Has not the President made the same declaration to the South Carolina delegation —indeed to every delegation that has waited on him from the revolted States? Do we not know, independent of that declaration, that that is the only course left for us to pursue? Without impugning the motives of any gentleman, I say that the effect of the proposition offered by the gentleman from Yazoo, will be to defeat this end, and keep us from returning to the Union. I know it is not so intended; I am satisfied that the proposition originates in a spirit of patriotism, and perhaps ill a spirit of wisdon; but I cannot see it in the light of wisdom myself, mid I entertain no earthly doubt, as I before remarked, that the adoption of the substitute to the report of the Committee would have a tendency to prevent our representation in Congress, and keep us as a conquered province or territory, perhaps for a series of years. Are gentlemen prepared for this? Have they weighed the sorrows and miseries that would inevitably visit our constituents, as the inevitable and natural result of protracted military rule? Sir, let gentlemen pause and reflect, before they act on this momentous proposition. It has been argued, Mr. President, that we are not out of the Union; and I agree with gentlemen when they assert that the right of secession never did exist under the Federal Constitution, and ought never to have been exercised. Such have always been my views, from the time I first uttered a political sentiment, to the present. My opinions were formed at least as far back as the days of the South Carolina nullificatioa, 88

MISSISSIPPI CONSTITUTIONAL CONVENTION. during the reign of that noble Roman, Andrew Jackson, who expressed the true theory of this Government in his celebrated South Carolina Proclamations. I shall not, however, be so indiscreet, and exercise such bad taste, as to attempt here and at this time, a stale repetition of the thread-bare argiuments for and against the right of secession. I content myself by a simple statement of my views in reference to that question. I think, Mr.,Presicldent, that to accomplish the great object we have in view, it is indispensably necessary that we should insert a free clause in the Constitution of Mississippi, unencumbered by any preambles-unencunberedcl by any proviso -unlencumberedcl by any extraneous language. Let it be a chteerful, frank, definite avowal of our sentiments upon that subject. I shall, therefore, oppose all the propositions which have emanated, or which may emanate from this body, tending materially to change the language and principles embodied by the Committee which has just reported. If we pursue that course, I have no doubt of our success-if we manifest that spirit, I have no doubt of the speedy restoration of civil law in Mississippi and our representation in the Federal Councils of tile nation, at the next session of Congress in DecemIer. What is the effect now of adopting this substitute? By this substitute the honorable gentleman makes the actual reception of our Conigressional delegation -a condition precedent to the operation of the clause for freecldomn which we are about to insert in our State Constitution. In other words, we, a vanquished people, under the power and rule of dictation, propose to say.we- will do thus and so, if you do thus and so; w,e will not perform our part of the bargain until we have received a guarantee that you will perform youir part. The effect of this is, in the first place, to dcliscourbgoe the President of the United States, who sidces with us ox this great quiestion —to discourage the great conservative party of the North and West, coming up to our aid against the radicals, and place in the hands of the radicals a weapon with which they will successfully carry out their favorite doctrine of negro equality and negro suffrage. So sure as we fail to obtain representation in Congress, so sure will the radicals pass, and. rivet upon us the disgusting doctrinle of negro suffrage, which would, indeed, renlder this country no longer an abiding place for the white man. I hold that we are bound, every man, woman and child, to come up boldly and promptly to the support of the President of the United States, and the conservative party, against the power and influence of the Nortliern radicals. All that party in the North called the Copperheads are with us on this question; and even from the ranks of the 89

VPROC,EEDIN'(I' AND DFPATES IN TTHIE Black tRe r ebhclr. t/ sp)riilngs uip inany conservative pa triots, armed' for the comig striugg le on this great question. The PresiOdent of tile United States is committed emphatical ly and plainly against the doctrine of negoto suffrage; and I understand( that e-very memaber of his Cabinet, with perhaps one exception is with him or that great question. If we can get back speedily into the Uiiion, all tile revolted States with their representation, Cuited with the IPresident and those members of his Cabinet friendly to his doctrine, cand!eagued with the great conservative party of the North, we at once form a great party, irresistible in its power, and sufficiently efficacious and strolng to control the next Presidential elee tion, to defeat the radicals, and place some conservative Northern man in the Presidential chair of the United States. There is no chance for a Southeirn man to occupy the Presi idential chair. We should be well satisfied with a Northern President possessed of conservative sentiments, and willing to accord to- the revolted States their political rights and civil privileges. We should expect nothing beyond this. The adoption of this substitute would, in my opinion, defeat this very end and object, and would give to the Northern radicals an irresistible argument against us. They would say, look at the people who have been in rebellion against the constituted power of the Government; they have not even yet sub —dued their rebellious spirit, and are talking about having their rights guaranteed as a condition precedent; they are talking about the right to compensation for slaves, and manifesting a spirit which cannot be trusted. You cannot admit them to representation in Congress, while that spirit exists; keep the bayonets over them, and let the tramp of soldiers be heard by day and by night, a garrison in every town'and village, and hold them until they quell that spirit Do you not see, MIr. President, how fatal to our prospects and our hopes the proposition under discussion would prove, if adopted by this Convention? Would not its success prove a death-blow to Mississippi? Now, as to this right of compensation which is so much harped upon, I hope I may be indulged in a remark or two with reference to that. In the first place, I most freely concede, that the destruction of so many millions of property, by any means, was a great wrong to our people. I admit that the right to property in slaves was guaranteed to our people by the Constitution. I believe it was an institution sanctioned by God himself; and I shall always believe that its destructionwas unwise in every particular-a curse to the very race sought to be benefitted. For thirty years, or-more, I fought the battles of slavery against the attacks of Northern abolitionists; and if the battles were to be fought again, I 90

MISSISSIPPI CONSTITUlTIONAL CON'VENTI)ON. which never can be, I would not recede fromn my position. This institution, such as it was, is, as every sensible man must know, not only Wounded, but dead, dead, dead, to all intents and purposes, beyond the power of resurrection, except by the miraculous interposition of the Most High. It would be vain to inquire how the institution was killed; and there can be no good in asking whether the blow which felled it to the earth was constitutional or unconstitutional. There can be no utility in debating how it was destroyed, whether byrthe emancipation proclamation, by the result of the war, or by the outside pressure fron all christendom; or by a combination of all those forces and influences. That slavery is dead, is a fixed fact. Let us, like sensible men, entertain that idea, and shape our new policy with reference to another system of labor. There is not a gentleman here who believes in the possible resurrection of slavery as an institution. It is gone, and however much we were attached to it, br however much it benefitted us-being dead, let us indulge in no useless regrets over its demise, but bury the carcass, that it may no longer offend our nostrils. Let its feted remains be speedily conveyed to the grave. But gentlemen say there springs out of that dead institution, a right of compensation for our property-that minors, 6rphans, innocent persons, and helpless widows, having never been guilty of participation in this revolution, their rights must be saved, anld they must be, complensated. This places the matter in a strong and pathetic point of view; but I have this to say in regard to the matter, that whatever right of compensation there may be however good-the adoption of a plain, free Constitution by this Convention, uncloggedby any proviso or preamble, would not, as a legal question, interfere, in the slightest degree, with uich rights, but leave them untouched aind uLimpaired. -Such were my impressions when I first examined the legal propo'sition for myself; and those impressions are fortified by the .loncurrent opinions of the most able and distinguished men that grace the State of- Mississippi; one of whom-=without mentioning his name-has an almost world-wide reputation for his sagacity as a lawyer, and for the depth of his comprehension of judicial questionls. The institution of slavery was destroyed by certain war measures, and by the operation of War, without any concurrence on our part. This wrong was consummated when the Federi! power entered our territory, divested us of our slaves, took them from the fields, and converted them into soldiers under the stars -and stripes, or enticed them away from us, carrying them off by hundreds and thousands, employing them and proclaiming them free. Those acts, by which our property in slaves was destroyedr, 7 91 w I

PIZOO'EI)INGS ANI) DEB1ATFS IN T}IE created vlwhatever right of compensation we may have. Should we now say in our Constitution, that, hereafter slavery, or involuntary servitude, shall not exist in the State of Mississippi, does it not leave untouched the question of the preceding wrong? If we choose to say that we will have slaves no longer, does not the amendment as reported by the Committee, leave untouched entirely, this great question of compensation, according to every princip)le of law and cornmon sense? There are a great many of my profession in this Convention, and IJaask them, as lawyers, to consider of this, and say if this opinion is not correct-thiat the right to compensation would not be interfered( with by the adoption of the report of the Committee or in other words, the framing of a pulre, free Constitution, uiiitramelle(i by any conditionlls. But what is this righlt of compensation, about which we. hear so much in this hall, and amongst the people? It is. vague, shadowy, indistinct, unsubstantial, ideal. It is an airy myth, floating in the imaginations of certain gentlemen; a mere expectation or desire that "somethiing may turn up" in the great history of fiuture events, by which dollars and cents can be obtained for the property thus destroyed. Mr. President, I would not give this glass of water before me,. for the right which I possess to compensation for my former slaves; and I believe there is no gentleman in this Convention who relies upon realizing, for himself or his posterity, a. single cent of compensation for this property. It is not reasonable to suppose that the Government of the United States will ever recognize any right in a claim of this nature, or appropriate a single dollar in payment of slaves taken from us; and this for two great reasons. The first is, that the people who destroyed this institution and who were its implacable enemies for half a century, would never consent, if in power, to give up one picayune of the public treasure to compensate a single individual; and secondly, if they were ever so willing, they are so bankrupt that the attempt would hopelessly involve the General Government in pecuniary embarrassment. Besides, can it be supposed, Ir. President, that the people who sat down with the avowed purpose of destroying slavery; who expended vast sums and hundreds of thousands of lives during the last four years, in accomplishing the fall of this institution, would turn round and say that "having destroyed it, we will pay a just compensation to those interested therein?" There is not a Black Republican Radical in the North who would coi)nsent to such a thing; and I,, for one,. believe that this talk about "compensation," has no real foundation. Compensation may come to some portion of our people hereafter, but it will not embrace me, or siy one oc 92

IAISSISSII'PI CONSTrITUTIONAL (CONVENTION. cupyiing my position..Perhaps, in the lapse of years, when justice shall once nmore hold aloft her unerring scales in the land, and a retturning sense of justice animate the masses: when the overwhelming -excitement of war shall have passed away, and everything is quiet in the land, under a new'organization, Congress may say it will pay the orphans and helples~ and innocent widows who h1ave been reduced to beggary by this war, and who h nd no agency in its inception or maintenance. T/?ei? rights, such as they are, will remain unimpairedl, b)y the adoption by us of a free Constitution. Gentlemen talk sometimes about an adjudication from the Supreme Court, touching conmpensation. Are not gentlemen aware that there is nothing to hope from a Supreme Court composed of Black Republicans and RPadicals, with a Chief Justice traveling the country as a disgusting itinerant preaclher of the doctrine of niegro sutif-atoe? But you cannot oget there with the question, and cannot sue thie United States in any court foi any claim. You cannot get the question of conmpensation before a legal tribunal for adjudication, in any way which I can perceive. If any of my legal bretlhren can suggest a way, I would like to have them do so. -The only manner of preferring the claim, is to submit it, with the evidlence in support thereof, before the court of claims, and let that tribunal pass upl)on it. If that court recognize the claim as right, it is referred to Congress, and Congress may or may not, grant an appropriation to pay it. If Congress makes the appropriation, pursuiant to the judgment of the Court of Claims, all is well; hutt, if the appropriation be refused, the claim is defeated. If we now proceed, and make a free Constitution, and unite with the Conservatives of the North and West, we can elect a Conservative President, and a Conservative Congress. who will unitedly give the question of compensation a fair consideration. Thus, widows and orphans may procure indemnity for the destruction of their slave property; and, if the future should produce that result, certainly it would be gratifying to all good men. A few words more, iMr. President, and I shall have concluded. It has been contended, that there is a disposition not to receive our members in the Congress of the United States next winter, although the President of the United States appointed a Provisional Governor and ordered him to call this Convention, to be composed of loyal men, as it is, and ordered him to take means for the speedy election of members of Congress, with a view to put our suspended civil government in operation. Notwithstanding all this, it is contended that our Congressional Delegation is not to be received, and that although these promises have been held out, they are to 93

PROCEEDINGS AND DEBATES IN TIHE tuirn to ashes upon our lips. For myself, Mr. President, I sincerely believe, that if we adopt the report of this Conventions, and assimilate all our action here to the spirit of the report of the Committee, without change or qualification, that when we shall have elected our delegation next fall, and they present themselves before Congress, their claimis Will be so irresistible, that, through the influence of the President of the United States, and the conservatiwe pressure brought to bear, the door of the national council will fly open, our members be received to their seats, the voice of Mississippi be once more heard upon the floor of Congress, and our interests again represented. I do not doubt it, but feel sure of it. At all events, the course we propose to pursue, in adopting this report, is the only hope we can reasonably cherish for consummating this most desirable end. If we trammel the free clause with proviso and preamble, rendering it equivocal and ambiguous, we shall certainly close and bar the only door left open for representation in Congress, and the restoration here of entire peace and unfettered civil rule. It is said, however, that there is an oath prescribed for members to Congress, which will render it impossible for any citizen of Mississippi, though elected, to take his seat in the National Council. I have not myself scrutinized that oath, so as to be fully satisfied of the character thereof; but, Mr. President, who does not know that, when our members are elected by a loyal constituency-when the powers at Washington see that we have conformed to their dictation, and done all they have required of us, and made a Constitution, entirely free, and swept from the statute books every vestige of revolutionaryT legislation and revolutionary action; thatthe spirit of rel)ellion is quieted in our midst; that we realize the situation and ( accept our destinly-who does not kiio-, I ask, that there will be moral power and virtue ello(ifl inl the Col.gi'r(ss of the Ullite(-d Stattes to di:(i?-t that oth. n, (-i dit o)iir (delegates? At all c —evts. how can the r1)1')-iso sav —e it' If voi send i)p your free clause, with a I)1 o-iso att lache(1, sIuspendLing its operation as an instrument foir fieec(domn, until actual representation is accorded, is it not imanifest that seats would be denied to members coming with suc(h a, Constitutioii, blreathing the spirit of rebellion and distrlst t tIoi- c'am the proviso preserve the institution of slavery? Suppose our representatives go there and are refused admission -this proviso having been adopted? Suppose they reject that Constitution and its proviso —have we saved the institutioni of slavery and brought the dead to life? Don't it leave it where it was-dead to all intents and purposes? Although you may refuse to insert a free clause in the Conlsti P4

MISSISSIPPI CONSTITUTIONAL CONVENTION. tution, yet your institution of slavery is still dead and you gain nothih.(?, and it will be doubly dead;f or before vou get from under the power of military rule the amendment to the Federal Constitution will be irretrievably fastened upon you, by which every vestige of slavery is swept from every inch of our soil from the Atlantic to the Pacific. The powers at Washington, and the Northern people know perfectly well that the institution of slavery has been killed by their influence, by their power, and the unanimous influence of all the Christian world; for it is a fact that nowhere upon this spacious globe we inhabit, is there a single advocate of African slavery, except among the very people who have cherished the institution. Is not all Christendom bitterly opposed to slavery? Undoubtedly, such is the fact. I sometimes think that if the war had not come, this continual moral pressue would have, in time, destroyed the institution )by a slow but sure process, rendering the continuance of slavery. a mere question of time, independent of the warfare made 7ponI the institution here at lhome. Let us do nothing that will clog our admission to the National Congress. Let us look straight forward to the road marked out for us to travel, with firm steps assuming, here and elsewhere, the responsibility cast upon us. If, men, in their ignorance, choose to say we are abolitionists in pursiilg this course, let them say so. Oine thing is certain:-if we pursue this wise and prudent course, we will have the con sciousness of having discharged our duty to our sulferinigo country; and when the records of your Convention will be read by generations yet unborn, they will rise up and call you blessed for having conducted them out of the wilderness in which this question now places us. Let the institution of slavery go, and the question of compensation-everything until we relieve ourselves and our posterity from this present pressure, and get some little guarantee at least, that the chil dren whom we are rearing up, will have a land to live in and the privileges of freemen. Though I have no great confidence in my opinion on these great public questions, and my attention has been distracted by private matters, yet it is true that by day and night, not only for days and weeks, but for years past, I have meditated upon the situation we are in and speculated as to the mode of relievSing ourselves. Again and again have I pondered upon this during the vigils of the night, while all others around me were wrapped in slumber. My faith was matured by myself, and I feel and know that I am right perhapsthliat is too strong an expression- but I am satisfied that I am right. I beliewe that other gentlemen who oppose me are honest, but I do them no injustice in saying that I think they 95

PROCEEDINGS AJT) DLEJBATES IN TIlE are mistaken in thleir views. If thle p)olic- of fi-amingi, an uni clogged clause of freeldomn for o0ur Constitution, prev-ail ini this Convention, all will be well. If tlhe opp0osite view pre vail, I see nothing for us and our posterity -ltit absolute mis ery anid ruin. Thus conside ring tllhe question, it. presenlts it self to my mind as one of oversaihadowilg ilmportance. I shall say nothing more, Mr. Presieldet as other gentlemen are to follow in this discussion, far more capable than m-self of enforcing the views I hav e attempted to elucidate. MR.'VATsON-Mr. President: I feel uinwillinlg, at any,great length, to protract this dlebate, but at the same time, I desire to explain the views which I entertain upon the subject be fore us. The representatives of the people here assembled, have as s,umed duties not only of responsibility and iluportantlce, but of novelty and delicacy. Sir, for myself, I feel greatly em b)arrassed by the circumstances wvhichl surrouLnd us. We all, no doubt, have in view the same object. AWe desir e to eman cipate ourselves and the State fi'omr military rule, and at the earliest practicable peiriod to pla,e the State i llher Conistitu tional coninexion wits the( Unite(d States, ad thereby to re store her to the execise of lIei legitimate functions under the Constitution of~ the United States, as i ~free, sovereign and independent State of the American Union, subject only to the constitution and laws of the Uniited States, as the supremne law of the land. But here, Mfr. President, allow me to advert to our present condition, and to some of the circumistances wvhich we should keep steadily. in view in marking out the line of policy which this Convention should adopt. Have we assemibled as the representatives of a people who possess nrd enjoy all the rights anrd privileges which they inheritedl from thieir fathers, or are we in eircuinstarces which, to s)rie extent, impair our representative independence and freedom of action? The distinguished gentleman from Hinds, (lMr. Potter) said on yesterday, that he stood on this floor the independeit representative of a free people; he denied, with emphasis, that any dietation had been attempted in any quarter; he asserted that the President of the United States had given us no intimation as to what, in his opinion, was necessary or best to be done, in order that the State of Mississippi might be enabled. "to resume her place in the Union;" but before he took his seat-indeed, almost in the very same breath he read an order sanctioned by the President, and which he declared proved that terms had.been imposed upon us which it was impossible for us ever to accept. Looking to these terms, he expressed the belief that we could not now do enough to reconstrnct the Union as it once was, and that therefore it 06

MISSISSIPPI CONSTITUTIONAL CONVENTIO-. seemed to him almost unnecessary for us to attempt anything. I shall, at least, Mr. President, endeavor to steer clear of what seems to me so glaring an inconsistency. It has now been more than four years since a Convention of the State passed an ordinance entitled "an ordinance to dissolve the union between the State of Mississippi, and other States united with her under the compact entitled the Constitution of the United States of America." As a consequence of this act, which as yet remains wholly unrepealed by any direct action of the State, we have just passed through a bloody, devastating, gigantic and bloody war-a war, which for the number of troops employed, and the many great battles fought, has not, perhaps, its parallel in history. This war was terminated by tlie surrender of our gallant armies to the overwhelming armies of the United States. Our soldliers have laid down their arms and been disbanded, and all of the Southern States are now in the military occupation of Federal troops, and are under the government of military rule; those whom vwe represent, as well as ourselves, have sworn allegiance to the Conlstitutio.. of the United States and the Union thereunder; and moreover, that we will not only abide by, but support, the proclamations and laws made by the President and Congress, during the rebellion, in reference to the emancipation of slaves. These, IMr. President, are facts w-ithl which we are all faniliar, but to which, it seenms to me, some gentlemen on this floor are very unwilling to give due alndl proper weight. Now, Sir, the ordinance of secession was either conistitutional, operative, and obligatory upon the citizens of the State, or unconstitutional, null and void. If the former, the State of Mississippi ceased to be an integral part of the United States; and as this ordinance, as already stated, still remains unrepealedl, the State continues to sustain to the United States the relation of a power foreign thereto. On this hypothesis we are now endeavoring to effect the read nission of Mississippi into the Federal Union, and this being Ahe ease, does it belong to us to dictate the terms of our re admission, or is it not the right of the Government of the United States, within certain limitations, to prescribe these terms? These limitations, however, hi the ease supposed, do not grow so much out of the constitution of the United States, as out of the great and immutable principles of right and justice. Rightfully or otherwise, the Government of the United States has the power to prescribe thlese terms, and most manifestly, looking to passing events, this power will be exercised by that Government. And now, on the other hand, let it be conceded that our ordinance of secession was imconstitutionl,a null and void, 97

PROCEEDINGS AND DEBATES IN THE that in unfurling the flag of the Confederate States of Ameri ca we violated the constitution of the United States, and waged a War against that Government, whilst we owed alle giance thereto. On this hypothesis, is it so very clear that we have not forfeited our rights as citizens of the United States, and incurred the pains and penalties of tile laws in such cases made and provided? As a condition precedent to a pardon, by the President of the United States, we have all taken the amnesty oath prescribed by his proclamation of the 29thi of May last. The terms of this oath I have already repeated, and by its very terms we have certainly affirmatively and di rectly sworn to support the proclamations of the President and the laws of Congress with reference to emancipation. Then, Mr. President, viewing the case in whatever aspect we may, the conclusion still seems to me inevitable, that slavery stands this day practically abolished with us; but at the same time, sir, that I make this statement, I must avow my belief that by the abolition of slavery a great wrong has been done us-that a heavy blow has been inflicted upon the material resources andc prosperity of thle South, and upon tlie wealth and resources of the country at large, if not of the civilized world. I deprecate, sir, this blow as much as any one can, but there was no way to escape from it; and so too,. in reference to our lands, aye, in reference to the very home steads to which the gentleman from Yazoo (Mr. Hudson) so feelingly alluded, it is no less true, that unless they have beetn, or are saved to us by what purports to be an act of clemen cy on the part of the President, they too will be taken fromn us, and we shall be turned out almost penniless upon the cold charity of the world. I wish, Mr. President, not to be mnisunderstood; I do not undertake to decide the right or wrong involved in the several very grave questions which I have briefly discussed, but I do insist upon it, that whether we are here representing a people who sustain the relation of foreigners to the Government of the United States, or who have involved themselves in the consequences of the violation of the laws of the United States, we should take counsel not fromn our prejudices or passions, but only from our judgments and reason. Our constitutional rights and tlhe liberty which we inherited fromo our ancestors, and our determina,tion to live freemen or die, are indeed very popular themes; and, if I expected to play the demagogue in future, I should oertainly mount so available a hobby and ride it daily through this hall; but I feel, sir, the full weight of the responsibility resting upon me, and my duty conscientiously and faithfully, I shall endeavor to discharge. I desire earnestly to know what this Convention can do that will best advance the true and permanent interest of the people whom I represent, and_ 98

MISSISSIPPI CONST ITUTIONAL CONVENTION. of the State to which I owe so miuch; and in deciding this question, I shall not alone consider what my constituents may have thought Lupon the subject before I left home, or what may now be their views. I stand here bound by the most solemn considerations to avail myself of all the lights within my reach, and on every question of public duty to yield obedience only to the dictates of my conscience and judgment. The direct question to be decided, is, shall the report of the comminttee of fifteen, or the substitute proposed in lieu of it, be adopted? The report simply proposes that the Constitution of the State be amended by adding thereto a section declaring that "neither slavery nor involuLintary servitude, otherwise than in the punishment of crimes, whereof the partv shall have been dulyv convicted, shall hereafter exist in this State; "-the substitute proposes the adoption of the report, -with a prov-iso-the effect of which is to suspend the operation of the proposed constitutional amendment until .our Representatives have been admitted on the floor of Congress, without. having been previously required to take the test oath recently prescribed by that body, and to declare that by said amendment our claim to compensation for our slaves is not intended to be waived or in anywise affected.My own firm conviction is, MIr. President, that if wisdom and enlightened statesmanship are brought to bear upon the subject, our Representatives will be admitted to their seats onil the floor of Congress when they present themselves, and that the obnoxious oath referred to, is in conflict withl the Constitution of. the United States, and therefore null and void; but conceding all this, I cannot hope that any practical good will result from the adoption of the substitute. By that, slavery is abolished by your ovwn act on the admission of our Representatives to their seats in Congress. This, (that is the abolition of slavery by ourselves) is at once the effect of the adoption of the report of the committee. But sir, practically, as to slavery, the effect is the samne, whether the report or the substitute be adopted, or whether our Congressional Representatives be received or excluded. We all know and admit that the institution of slavery in the Southern States has been destroyed, and that its resurrection is as little to be ex — pected as the physical resurrection at the present time of the dead bodies that have been sleeping in the grave yard of this city for the last quarter of a century. Slavery, then, having already been abolished, the effect of our action, whether we adopt the report or the substitute, will t'e no more than a declaratioon that it shall not hereafter be revived. Whatever we may say, we have already been deprived of our slaves by the act and authority ofi the United States, and therefore our 99,

TJ)Pi9()(CEETi)INA(;S ANT) D)EBATE'S IN TilE right to conlpc:Lsation, if ainy, is now an existing vested right, which will remailn uninipaired, by the proposed prohibition of slavery for the fuiture. On this subject we have all einm ployecl lang'ua'e, t enitirely c(rreLt —we have spoken of the abolition of slavery by the State, when only its prohibition for the future was intended. Slavery was the issue involved in the war, at least since the President's emancipation proclamation was issued, and that issue,has been decided by the bayonet against us; and whatever else we may think about the bayonet, we know that in human affairs its decisions are usually so potential as only to be reversed by a paramount physical power; and who, for one moment, believes that it is in the range of possibility for any such paramount power to be within our reach, for any such purpose, either now or at any future tilme? For the purporse of preventing the restoration of slavery, the bayonet is still present in our very midst; and it is in the opinion of us all, I believe, the fixed purpose of the United States Governmnent not to remove the military power from any Southern State so long, as by its constitution, slavery has not been abolished, and the agitation, even of the subject, put at rest. Then, Mir. President, as to the lon,ger existence of slavery there is really no-issue before us. w-e do, however anxiously desire the restoration of the State to all her rights under the Constitution; and in what possible way can the adoption of the substitute, inl preference to the report, promote or tend to promote this, important object? Indeed, might not its adoption have a contrary effect, by iltenlsifying Northern radicalismn? We should remember that the continued agitation of the subject of slavery pronmises no relief to us. Let the existing state of thing's in our miidst be kept utip for a very few years, and we shal all uwitness, I fear, the enfranchisement of the ilegro. The -verv power, sir, which convened this Convention can disperse it, andl issue another proclamation calling another Convention, and prescribing other qualifications for voters and for eligibility to a seat in the body, without regard to race or color. We are without the slightest possible control ever the subject, and our condition is manifestly such that we have no alternative but to accept tfie best termfs that can be obtained, whatever these terms iray be. Let it be kept in mind that I am,not now discussing any question of right or justice, o01 constitutional power I am considering facts as they are, and not as I would have them, or1 think they should be. There is a large and growing party in the North, clamoring, not only for the enfranchisement of the freedmen, but who demancd equality between the races, before the law, in all things, and there is not any party in the North, or any wing, or frac 100 I 11 - i. I 0

5[:[S:SJ:$t5T'i ('()N5TI i'1)N.\ l L r CC, \ tNVE.:KTi( EN. ~ l tion of any pat? t1eLre thallt, in its decniands, stop short, at this time, of the unconiditionial ablolition of slavery I)) the So'utherin States theliiselves. There is a palrt, hlo cwvcr, in the North, respeatable for its nmnbl)ecrs, wh).inist onlv upon the freedolm of the negro, with the right of personl and property guaranteed, and at the head of this party stands, I believe, the Presidleut of the United States. He is, I hope, the friend of thle Southern States-as a statesman and patriot he must desire the speedy reconstruction of the Union, uponl just and honorable principles-the downfall, -everywiere, of mere military rule, and the permanent re-establishment of civil power throughout the length and breadth of the land. Let us, then, do everything in our power to strengthen his hands, and carefully avoid whatever is calculated, in any way to embarrass or weaken our friends. Let us place them upon that position upon which alone we have any reason to believe they can successfully do battle in our behalf. The position of the President is one of colmnanding influence, and we certainly know what his views and wishes are, since they have not only been openly expressed again and again, bu't, as we must suppose, practically applied in the case of his own State.-In the new constitution of Tennessee, we find unconditional, unqualified emancipation, but neither negro suffrage, nor in a controversy to which a white person is a party, negro testimony. The Tennessee constitution is now receiving the cordial support of the President, and by modeling our own after that, so far as the freedmen are concerned, we may confidently expect that those who advocate the former will also advocate ours. But, Mr. President, should we adopt the substitute, may we not thereby place the administration and its supporters at a great disadvantage. It would, at least, give the prominent radicals of the land a pretext upon which to base their opposition to the emancipation of the Southern States from their present thraldomn. These gentlemlen and the party of which they are the leaders are, doubtless, watching our proceedings in the earnest hope that we may play into their hands, and afford them plausible grounds upon which to support a policy already fully' determined upon, and the success of which will only be defeated by the utmost prudence on our part. We should, sir, avoid even the appearance of any wish or purpose to dictate the terms on which we propose to consent to what is already an accomplished fact, and as to which, whatever our rights and wishes may have been, we know we are powerless and without the slightest expectation or hope of change or redress in the future. It affords me, sir, no pleasure-to' make these remarks. To me this theme is any I'(il

PROCEEDINGS AND DEB,ATES IN TIIE thing but agreeable. But as practical meni-as statesmen, we cannot shut our eyes to the truth, or (to use a somewhat hackneyed phrase) close them to "the stern logic of events." Let us then, bIu. President, vote down the substitute and adopt the report of the committee; and on all kindred sub jects, let our action be so shaped as to give aid and comfort to our friends rather than to our enemies. By so doing, there is every probability that the State will be speedily re stored to her federal relations, and to the exercise and en joyment of the constitutional rights to which she will then be entitled. Should we, however, adopt an unwise policy, or, one not altogether satisfactory to the administration, I shall tremble for the result. The indications plainly are that there is a numerous party at the North who are conservative in their views, and who will rally to our support, if we place ourselves in such a position before the country as to afford them reasonable groilunds to hope, that by their assistance, we can maintain the right and uphold the cause of constitu tional liberty. Mr. President, our constituents are tired of agitation; hlat they most want, and what our interest imperatively de mands, is repose-exemption from all political excitement, whatever. In good faith they have taken the amnesty oath, and their altered condition they have accepted, with a fixed determination to give it a fair trial. At this time, I am icon fident that the Federal authorities may safely confide in the loyalty of the people of MAississippi, and that the true policy to be pursued toward them by the Government of the Utnited States, is one of confidence, and not of distrust of their fidelity and allegiance. SIR. BP,owxv, of Yalobushia: Mr. ]President:-I had intended offering a siubstituite for the second section of the proposed amendment to the Con stitution, but the one offered by the gentleman from Yazoo, and now before the House, embracing, as it does, to a vervy great extent, the main features of the one I designed submitting- I may withhold it altogether; and will, unless the sentiment of this body u'ndergoes a material change on the subject before the House friom what I conceive it now to be. In giviing my views in support of some of the features in the substitute, or in the adoption of the substitute as a choice betweenr it and the second section of the amendment, it is not my purpose, MxI. President, to trammel the proceedings of this Colinention, nor to embarrass the prospects for "reconIstruction. Conscious of the ogreat responsibility resting upon me, I shall act from a sense of duty I owe to the Government of my allegiance onI the one hand, and to an exhausted and o)pressed people on the other. I favor the "substitute" be,).. bstte e .102

MISSISSIPPI CONSTITUTIONAL CONVENTION. cause while it concedes every requiirement of the Gov-ernment; every requirement of Proclamation, and with every requirement, even unojiciul, it proposes to reserve to the people some scanty privilege that does not come in conflict with these requirements, and which we have not been required nor.authorized to surrender. I am obliged to the gentleman from Smith,* in the course of his remarks to-day, for calling the attention of the House to the position taken by certain gentlemen in regard to the cl"discretionary power" of this Convention. This was occasioned during our first day's proceedings, by a resolution offered by myself, to solicit official communication, from the Provisional Governor, who had called, or ordered, the Convention. Its object was to receive instruction or advice, had his Excellency any to communicate. I thought there was a responsibility resting somewhere in regard to a certain important step we had to take, and are now taking; and I wanted to know where that responsibility rested. I did not think it rested upon this body. But it was assumed by gentlemen that it did, and upon nobody else, and' the action of the House, vou will remember, MIr. President, sustained the assumption. I thought it a mistake then; I think so yet. I conceive this Convention to be the creation of Military order-that we meet to-day by virtue of permission, and that permission con tingent upon the humor of our conqueror's clemency. I re gret that the Convention evinced a disposition, by that action, to shift responsibility upon a wrongful quarter. I regret that it did not leave it where we found it, and where it does!e long, and where I shall insist that it yet be saddled. M-r. President, however we mav differ about other things there is one point, at least, on which we aogree: we agree tlhat reconstruction is the paramount object of the Convention. Its consummation is the mission of these delegates. In its ad justmenit are involved questions of vast auld vital moment questions of the greatest consideration that ever claimed( the attention of any age. The histoiry of the past can furnish no precedent to guide or direct us -no light can beam upon our way-but gloomy and unexploded is the path that carries us towards our ancient allegiance. We know not whether the old Union will open wide her armns to welcome back her p)rod igal daughters, or whether the door will be closed against us, and be left to wander in the darkness and confusion that war has provoked, and left us. But we know this, Mr. President: we know that, as we pro ceed, we have to comply with terms that conflict with feelings we have long indulged-that restrict us in the exercise of privileges we are unwilling to surrender. But let us bear in *The remnarks of Mr. JohInson, of mith, referred t by Mr. Brown, vere not furnished by Reporter. 103

J I:)OCIEEDfN(I A'N'I) D,A\TES IN THE mtind tit re1 Ollstlulc(tion was tlhe l)ai'anolIi)nt condition of sUir' ien(let,he paramoaunt ol-ject of the Coiiveiitioii-tlat it is the mission of tle dteleoates 1e1- e. B 3ear 11 mind, too, tlhat re constrictioli is't iiation's (lestiiiy'; it is a g(reat question of goern ment, over (t d alcove the indlii(vidal. It is -a nation's iat(, an(ld iveC sliotil( llot let our 1)riv ate feeliiios (sry 1s ill contact witli its adliance, 1nor drag' us iII its (daiigeio(tis. wvake. It is to nie, as al ildivi]dual, Ini iiresistil-,le conseqlienice; I nmust deal with tlle tfact as it is, and( must make( tlec best of my condition that I (call. One of the terms of thle conl(lditionl is tlje onth of mtllnesty. I place L moore libieral constiuc-tioii'uiponi the last injunction of this oath, thian prevails, I!elieie, witlh te inajoritysentimelnt of the Conveention. I do not!Ielieve that my obligations to that oatli-ivlichi I shall certainly observe, abide by aind sup port, in good faitli requiie me to vote for a fiee CoIstitntiol; nd if I d(lo vote for such a Constitution, it will not be be cause I feel I am required b)y my oath to do so, but by the Governmeinet, and( thliat, too, unofficiatl and outside of tlie obli oation of the oath; I (do so for the sake of policey. If I do so, it will be because gentlemen of position, whom I esteem for their high priv ate and publ)ic virtues, who have lately held personal conference- with the centrial power, tell me thlat it would be hazardous not to concede a fiee Constitution. I am openl to conviction, 3Ir. President; and if the distinlguished g,entleimeii, so lately fi'nom Washington, ar e in the - same condi tion, it is left, then, for after argument to decide who shall change opinion. I am not yet convinced of the wisdom nor the propriety of their policy, and may perhaps concede my own position without being so convinced, )ecause, conscious of the oppressed and helpl)less condition of our people, I may not feel at liberty to hazard opposition to thle insinulations that gentlemen report having b)rought fiom the Great Central Power at Washington. I am not yet convinced that there is wisdom in their policy)-but that it is fraught with injustice and danger; and they must yet bring arguments to support the propositions that have not yet appeared in its defence. iliy construction of the obligations incurred by taking the oath to support the emancipation proclamation, is this: That that proclamation, like the Constitution, is the law of the land. But unlike the Constitution, it has yet to pass the ordeal of judicial decision; until then, as we support the Constitution, "in like manner," says the injuncetion, shall we I"abide by and support" the proclanmation. Not that we are required to canvass the country and proclaim to the populace that we have taken it-but as it is, that we acknowledge its authority. The President issued this proclamation. He shaped it, I suppose, just as he wanted it; sufficiently comprehensive, in his i 047

MIISSI-SIPPI CONST'ITUTIONAL C.)NVENTION. opinion, to attain its object, and hle requires yol to so accept it, abide by and support it. The amiiesty oath was administered to us as citizens, and we are required, consequently, only as citizens to support it. As members of this Convention, we have takeni the oath only to support the Constitution of the United States. We took tile amiesty oath at our homes; we took it as citizens, and as citizens only have we beenl sworn to support it. We came to this Conenlitionl for a purpose that has no connection necessarily with the object of this oath. We came "for the purpose," says the proclamation that calls the Convention, "of altering aindi amending" the Constitutioni of the State, so that it ay i-)e able to resume its place in the UnLion. Now, what "alteration or amendment" alluded to in the proclamation, that calls the Convention, is necessary, "in order that it mav be able to resume its place in the Union?" Why, simply coniform the Conistitution of Mississsippi to the Constitution of the United States. Alter and amiend it, that the Constitution of the United States may operate here in hlarmony with the organic laws of the State. Alter and ameind it, that the Constitution of the Unlited States may operate here in harmony with the organic laws of the State. Alter and amend it that it may not conflict Aississippi with the position she has held in the Union since 1817. Here, in my opinion, end the expressed purpose of the Convention; end the expressed business of its delegates. Consistently, in my opinion, with the proclamation that called the Convention, and with our oaths to support the emancipation proclamation, this Convention could ignore legislation on the subject of slavery-could ignore it, at least, in the Constitution of the State. It would leave the proclamation as the law of the land; it would be legitimately the basis for succeeding legislation on all subjects of internal policy, relative to the rights of property and person of the freedmen. The proclamation could and would thereby be faithfully supported in and by the State of Mississippi, and that, too, in the absence of a free Constitution. I feel that, in perfect conformity with my oath to support the proclamation of emancipation, I can vote against the establishment of a free Constitution by this Convention, because the very proclamation I am sworn to support, declares to have settled the matter in advance of my legislation. It declares the negro already free. Under that proclamation, which we are sworn to recognize as the law of the land, there is not a slave in the State of Mississippi- and if this be a fact, anal we are not allowed to deny it-how can this Convention abolish an institution that has no existence? The proclamation declares already to have abolished slavery; I am sworn to acknowledge it as a fact, but I am not sworn to doubt or to deny its validity, by undertaking to complete the job myself. 105

PROC'EEDINGS AND D)EBATE S IN TiEI This "substitute"' to the'ami-endment,"' or substitute to the propositionl for a free Colstitiitionl without any qiualification-. and which I prefer to the proposed'"amendment"-colncedes a firee Constitution —concedes every requirement that the most strenuous advocates of an unqualified free Constitution can say the Government insists upon as necessary to reconstruction. It is conditional only so far as Congress makes it conditional. It is unconditionally free the moment they admit our delegates. And if they will not receive our delegates without a free Constitution, it concedes the right to receive them with one. If they reject our delegates with the privilege of admitting them with a firee Constitution, then we have gained by the reservation we had the precaution to makebecause we retain a position that had we abandoned, they would have occupied against us. We would have conceded the freedom of the negro in our organic law. They- would then say, concede the franchise, and your delegates imay come inl. Gentleiyeni, let us ponder well this question. But my distinguished friend from Marshall-from whom I have never before entertained an opposino- view on a question of public policy —thinks it would look too stubbl))orn, too uinyielding, if we hint at anyv reserv-ation —surrender e-veii the right of indemnity-. What! surrender what w6 have not beea required nor authorized to surrender': I thlougoht it was a free Constitution you wanted; this substitute concedes a free Constitution. Now, thev sa-y v-ol must also surrender all claims you nmay have to compensationii, should any such accrue from an adjudication of the courts in our fav-or. Mr. President, I am willing, to do, and to do faithfully, whatever the Government may require me to do, either by its proclamations or insinuations, unofficial, if necessary to reconstruction, and all this is conceded by- the "substitute" proposed. Blut I aii u niilling' t) surre(der pri-iilees, the fiNr scanty rights reserved yet to an impoverished people. I have not been required yet to surrender, by anr-body, ( except by these gentlemen, and no other reason oilrecd fir doing so, than perhaps we might not appear In the e-es of the governmeuit as sufficiently humiliated. I wish the kindly opinion of the Government-I wish its reconciliation, but I do not believe we could conciliate its favor in such a way. I do not believe in surrendering rights simply to achieve no other purpose than to look humble. I cannot feel that such a v-oluntary proposition on our part would be becomiing overmuch; I do not believe the Government could hardly appreciate such a huge and sudden expression of loyalty fromn a people who had lately been so beligerent. I do not believe that Mississippi could possibly elevate herself in the estimation or good opinion of the United States by heaping volunta lo(,)

MISSISSIPPI CONSTITUTIONAL CONVENTION. ry burdens upon her back, just to show the Federal Govern ment how completely submissive she had grown of late. I tell you what I do believe-I believe the Government would regard it as a reflection upon her pride for her military prowess, that you had flattered her to cherish when you com pelled her to evince her great capacity, in suppressing the re sistance you once rendered so formidable and so protracted: I believe that such feigned and- slavish submission on the part of' Mississippi-claiming no object other than to look humble before the conqueror, would be a lasting stitgma upon the ar duous struggle we have made-a stigma upon the countless numbers of our slain-upon the maimed remnant of our liv ing. It would be' stigma upon the graves of your sons that mark the fields of a thousand battles. I know that we are humiliated, and must feel so-I know that we are disappoint ed in otr purposes of separation and independence-that our vast armies are disbanded, and that in quiet submission we must bow to fate. But we should remember that on history's eternlal page will live the renown of our arms-the Ohivalry of <ur people, anid the dauntless courage of your sons. Remem ber this, and tarnish not your memory, by offering to surrender some few little privileges that Government has forgotten and would never think about again, unless to be disgusted atour humiliation when we offer to surrender.them. But gentlemen insist that they have no rights. I do not believe that you have committed treason, and I can say this perfectly consistent with the position I held on the subject five years ago.The distinguished member from Marshall, (Mr. Watson, will bear me witness that I then denied that a State had the Constitutional right to secede.: I denied that it had the reserved' or the peaceable right-i doubted the wisdom, and I opposed the exercise of any such policy. Perfectly consistent with hat position, I say you have not, in my opinion, committed treason. Becalise, before a gun was fired; before an army was organized; before a dropof blood was shed, the State ofMisssippi, in-sovereign Coxvention, declared you an alien to the Go - ernment of the United States. Whether Missppi had the right to dclo this or not, was -for the United Stas to decide. But that she did do it, was a fact so faras to:you as an individual was concerned, your State assumed the responsibility, you were known no longer in the matter as an individualyou lost your individuality.'It became a State action, ana you, as an individual, had to submit and obey, or suffer death. There is another argument: the. esista"ne the Southern peopie made against the effort of cerion, was so:: idabe, that they compelled the opposing power to recgnze them as beligerents —compelled them to recognize tiefr eartel, ex change of prisoners, and flag of truce. I thithe resistane 8 107

PROCEEDINGS AND DEBATEIS IN TIE made, assumed a dignity above treason. It was a rovolutioln, and must be, and was so regarded by the civilized nations of the world. But suppose that you have commnitted treas6n? It is true that the President would have the power to pardon; but could he pardon you upon that condition which was designatedcl itself as a punishment, and was imposed against you before youl had been proven guilty of treason-a punishment which, in my opinion, was the exclusive prerogative of a civil tribunal. The controling olject with me,, gentlemen, is, thattlhis great question may be settled by tlhe latex The Government of the United States has assumed the responsibility of its settlement -Mississippi is relieved from the necessity.' It is now in the hands of a higher power than our own; there let it await its adjustment. Let it be settled by the Constitution, and we. Will abide that decision, and will support the "proclamation until that decision is made." Let it be settled by the Supreme law of the land; supreme over the States, supreme over the Government. I amn unwilling that this Convention shall, by its action, establish the precedent in the history of American jurisdiction, that the Government can rise above the Constitttion in the settlement of any' question. Inl the name of Mississippi, I pro.test against it; I protest against it in the name of the North. In the name of the American people and posterity, I protest against it. Let this question be settled, but let it be settled according to.tl e- taw. Let that settlement prejudice a class; let it prejudice a section; but let it prejudice never the integrity of the American Constitution! But, Mr. President, I am discussing what I conceive to be the merits of a measure that I endorse only'as a preference to the proposed "amendmnent." I hope, however we may differ on this, that harmony may prevail, and that this Convention, in its wisdom and integrity, may extricate our people frpm the embarrassments that surround them. - On motion of ]Mr. Niles, the'Convention adjourned until 4 o'clock, P. M. FOURP0 O'CL'OCK, P. Al. The Convention met~pursuant td adjournment. Mr. Montgomery asked leave of ais'ence for Mr. Sessions, on account of illness. Which was granted. Mr. Sanders, of; Attal, offerred the foing reso6it:ion, which was adopted: 108

4 MISSISSIPPI CO NSTITUTIONAL C()INTENTION. ResolVed?, That the Sergeant-at-Arms be instructed to make the necessary arrangements with the Postmaster of this city, for the forwarding of all mailable matter required by the members of this Conv-ention. MIr. Johnson, of Smith, gave notice that he would move a re-consideration of the vote, by which the report of the Committee on State Constitution was agreed to on yesterday, relative to the expediency of authorizing the Legislature to confer jurisdiction to the Courts of Justices of the Peace, in certain cases. fir. Sitonlton, of Itawamba, offered the fbllowlng resolution, which was adoptedr:.' Resolved(, That the President be authorized and requested to appoint a Committee of five on Enrolled Ordinances and Constitutional Amendments.. The Convention then proceeded( to the consideration of the special order, to-wit: The substitute offered by Air. Hudson, for the second seet,in of the report of the Committee on State Constitution. - Air. CooPRn, of' Rankin —Ller. President: I hope that the substitute offered by the gentlemen from Yazoo, will not be adopted. I cannot myself see any good that can possibly result from it. It seems to me that it is simply a propositioll on the part of this Convention, to make a bargain with the Abolition party of the North -those who are opposed to the rights of the South. It is a proposition on our part, to say to them: "Gentlemen, you desire to place the freedmen of the country, the negroes or mulattoes, upon a social, civil and political equality with the white man. You have secured his freedom. and ask now that he should be made an equal. We will agree with yout to free them, on condition that you will, on your part, agree that oar Representatives shall be admitted into Congress." This is the kind of bargain-a mere proposition for a trade between the Abolitionists and ourselvesfrom which I do not believe any good can come. I am opposed to this, therefore. I think we have but one object now in view The slavery question is no longer an open question. Tll,ere is, however, a living question and a living issue, submitted to tihe people of this country, and that is in reference to the future status of the freed negroes. The great question is now-who shall have jurisdiction-the Federal Congress, or the people of Mississippi? I desire.to claim it - for ourselves-and now how shall we obtain it? It is not for such propositions as these, in my judgement-it is not by encumbering the record by any "whereas," etc-but by inquiring what the true interests of the country require. What do they call upon us to do? Simply to make such ordinances, and so to regulate the action of thi Convention, as to conform our Government 109 16

PROCEEDINGS AND DEBATES IN TH-tE in the future, to tAe new order of things. Take the institution of slavery as abolished-encumber that idea with nothing more, and then present ourselves before the conservative men of the North as a State; and recognizing the result of the war as having abolished slavery, demand all other rights we are entitled to. I am, therefore, in favor of voting for the report of the Committee, as it came before us. I do not care who killed Cock Robin, or by what means, or in what manner, slavery has been abolished; but I concede it as a fact. I pro pose that we shall deal with it as practical men-as a fact, manifest to practical men, who can, draw a correct deduction from premises. As to the question regarding jurisdiction-if the policy of the gentlemen on the opposite side is to obtailn, I can see no earthly hope, but that Congress will continue to legislate and agitate this question, until the.last vestige of our rights are taken from us.. But, if we act boldly and manfully, meet things as practical men, and pursue the course which I have sugLogested, I have no doubt that the resilt will be all we can desire. I amn willing to go this far-to let the institution of slavery be considered as abrogated. I am willing to guarantee that the State of ~iississippi will secure to the free nlegro, those rights which belong to freemen, in all countries-the right of personal security, and of pelrsonal liberty, and the right of property. I am willing to do that, without any "ifs or ands," or qualifications, because I believe it best for the country to Tlo it, utinder existing circumstances; but beyond that, I am unwvilling to go. I think it is umnanly for us to make any proposition for a bargain with the Black Rei)ublican or any other party. I believe that to be the sentiment of the people of Iississippi. I did not rise to make a speech, but to give my views, and t~:.:lv\oc::,t the propo)sition of the Comminttee, and say that h-cncfor't, thiere shall be no slavery or involuntarv servitude ina MLississippi. X a-. JTAINAGIN, of Noxubee-Mr. President: There seemsto be a strainge contrariety of opinion expressed by the delegates of this Convention, in regard to the policy which shall be pursued upon the question of slavery. It is certainly very desirable that there should be as much unanimity as possible. Feelilng ilmpressed with.this idea, I think there ought to be something yielded for the purpose of accomplishing the main object of the Convention; that is, the speedy restoration of the supremacy of law in our State, and the restoration of our rights, as regards the Federal Government. I know no individual can be more anxious than myself, that this object should be accomplished; and if I know myself, I do not wish to throw 110 0

,MISSISSIPPI CONSTIRUTIONAL CONVENTION. any impediments in the way of accomplishing this object, at the very earliest period possible. But there seems to be a differenlce of opinion in regard to how this shMl be accom plished. As I understand, from the remarks which have made by the various members of this body, there seems to be two opinions on the subject mainly. One is, that we should abol ish slavery, as proposed by the Committee, in the amendment to the Constitution, whichl we now have under consideration. There are others who agree with myself, that we ought'to do something more than merely abolish slavery, without giving any assignable cause, or fixing the responsibility, if there be any, upon the proper party. Now, I do not agree with some gentlemene onl this floor, and.particularly, the gentleman from lMarshall, ('Mr. Watson.) I do not agree that we are now hi a state of rebellion. I do not believe, in the first place, that we ever went out of the Uniion-that we dissolved our connectioii with the Federal Government. I think this is too plain to need argmneut; theiefore, I shall say nothing in regard to the ordinance of secession, or what position that placed us in -taking it for granted, that we never have been out of the Union-or that we have been in the Union from the time of secession until the present day. That we were in a state of disorganization and rebellion, I grant. Then the position of the gentlemen from Marshall, seems to be, that we were either out of the Union, by the act of secession, or were in a state of rebellion; in other words, that we were guilty of treason, and he tells this body, we can take either liornl of the dilemmia. Take the hlorn that we were in a state of rebellion and guilty of treason, if the gentleman pleases, and what is our condition now? The argument which has been used over and over a.in, as giving omnipotent power to the President of the Uited States, as if we were still in a state of rebellion; that even under the invitation of the President of the United States -under the call of the Provisional GoveraQr of this Stateunless in our ordinances and amendments to the Constitution, we came up to. his ground, he would destroy our State Governmnent. I do not so regard it. I. do not look upon the President of the United States, as being vested with this power. What is now our present status? We are- here as the representatives of the loyal people of the State of MIississippi, in Convention assembled, for the purpose of amending the Constitutio#ofthe State of Mississippi-'and from the very words of the President, appointing a Provisional Governio — from the declaration contained in the proclamation of- the Provisional Governor of the State, calling us together in Convention. The State of M-ississippi has been a sovereign State from the dav of seces.sion to the present hour. We are not called upon as if wwe w —ere ouit of the Union, for the purlise 4 ill

PROCELEDINGS AND DE.BATEIS IL TIIE of forming a Constitution, ill order to be adm-itted back into. the Union. We are called for the purpose of ameinding the Constitution, that which was in existence at the time the President penned his proclamation, appoilnting a Provisional Governor for-the State. He so regarded it; the Provisional Governor so regards it. He proclaims to the loyal peopleprescribing who are loyal that they shall elect. delegates to the Convention. For what purpose' Not for the purpose of forming a Constitution. It precludes the idea' if we were a State-that we were in a territorial condition, or in anly con — dition outside of the Federal Government. Then, M1r. -Presi.dent. I assume this position-that we are tlre representatives of the loyal people of the State of i:ississippi- that we. have convened as representatives of the loyal people of the Stateand if we were guilty of treason, tlnd as traitors, whatever favor was.shown us, was a imnatter of ilercy, as declared on this floor; that treason has been wiped out by tile amnesty proclamation of the President of the UInitecd Staates. To-day, so far as humility is concernecd, we stand as if ticre had been no rebellion, or if we had been g oilt- o' no trPeason. When it has been declared by t he highest powrer' o hec Govermnent, and the Nation, we-have been purged of our treason, and the rebellion wiped out, we stand then as the loyal citizens of the State of Mississippi, with the samne Constiutitutionial rights as any State is invested with. If not, the proclamation amounts to n6thing-we have been guilty of treason in the eyes of the President of the United States. He issues his pardoning proclamation, and as a test of our loyalty, lie recquires that we shall take a certain oath; and when we have taken that oath, we are restored to our loyalty, and recieve all the Constitutional and political rights, and the rinhts of property, except in slaves. I cannot see that we aire disloyal subjects of'e Government of the United States, knocking at the door of thee United States for admission, as parties guilty of treason, and claiming mercy at the hanlds of the Executive bf the United States. WVe stand.here as loyal citizens representing the loyal people of our State, and I wish to shape our legislative action so that we may preserve our malnhood, self-respect, and the dignity of the State of Aississippi, as a sovereign State.Then it becomes us to pursue a certain course of policy; and deny it if we may, but the facts stand out boldly to our face, that we are assembled here to-day, as the soverein people of the State of MIississippi, representing the sovereignty: we stand here not untrammelled, yetwithout extraordinary or extraneous influence operating on this body. We all know it; but at the same time, AIr. President, I cannot believe with some gentlemen upon this floor, who seem to think, that unless we come up to the behest of the President of the United 0 112 0

MISSISSIPPI CONSTITUTIONAL CONVENTIOY. States, that lie has that omnipotent power by which lie can overleap and trample down the barriers of the Conlstitution, and deprive us of our rights. No, I'believe, placed as we are now, as a sovereign State-our guilt, our rebellion, our treason having been wiped out, that we should present ourselves as a free State, and claim the high rights we are entitled to under the Constituti6n of the United States, and the laws of Congress. But notwithstanding all this-notwithstanding our clear Constitutional rights-notwithstanding representing the people of the State of Mississippi, as we do upon this floor, we are in a situation, in which it may be politic to shape our course, so as to meet the ends which we wish to accomplish. It is certainly very desirable to carry out the grand 'doctrine which is'contemplated by the subject under conlsid eration, that we should have as much unanimity of action on this subject as possible. How is that unanimity to be pro duced under the variety of opinions entertained upon this floor? I think it might be produced-at least, I have heard no argument on this floor, which precludes the idea in mny mind that this harmiony can be produced. The fact that slavery is abolished, is not questioned by anybody-practically abolished, at least. That slavery, as remarked by the gentle man from Hinds, is dead, dead, dead, I agree. Under ordin ary circumstance, it-might be asked, what are we doing here upon this subject? - Are we merely burrying. the dead, or are we fighting that battle over again, for the purpose of killing slavery more completely than it was killed by the action of the Federal Government? Slavery no longer exists in the State of Miississipi)i, practically, and to all intents and purposes, and it is not my object, and those who agree with me in sen timent on this floor, to take any action which has a tendency to the restoration of.slavery, within the State of -Iississippi. There are dangers, it is true, ahead of us, but I do not expect, let the action of the Convention be what it may, that the or ganization of this State is to be deranged hereafter by the President, or by the Congress of the United States. It is intimated, and I dlo not pretend to deny the fact, that the President of the United States has given.out in unmistakable terms, admiitting that he has the power-that there are cer tain requisites which it will be best- for us, at least, to secure that representation in Congress, for the State of MIississippi, in her Convention on this subject to pursue, and that is to present a free Constitution. I grant that the report of tlie Committee on the section under'consideration, does present a free Constitution; but there are members.upon this floor, acting with myself, who are not lookilng alone to the admission of our members into the Congress of the United States; hut while they look with anxiety to the accomplishment of that 113

PROCEEDINGS AND )EBATES IN TIlE object, at the same time they have an eye to the interests and dignity of the State of Mississippi, and to the interests of our citizens. The amendment which was heretofore introduced by myself and laid on the table, and the substitute whlich was offered by the gentleman from Layfayette, met my views fully upon this subject, and I think the substitute secures the rights of the citizens of thle State of Mississippi. I think at the same time, it leaves the responsibility of the abolition of slaveryT where it properly belongs, and that is uponi the Federal Gov ernient. I should state here, that if the section which has been introduced by the Committee, shotld& fail to pass, it would be my purpose, to call from the -table the' substitute which was offered by the gentlemen firom Lafayette. Now, fIr. President, I think there is a responsibility-a great responsibily-tllhat rests upon the Federal Government, and the argument which is used upon this floor, that this responsibility will never be met, no matter howjustit may be, has no weight upon my mind at all. If it be a just clairi * -if any p)ortion. of the State of 3fississippi have a just claim on the Federal Government for compensation, we should take no action thlat possibly can be avoided; at the same time ac complish the restoration of our rights in the Federal Govern ment-:-that slhall cut off our rilghts. It would be useless for me to state my views in regard to the'responsibility now resting, or that will rest, upon the Federal Government. That question has been used by learned gentlemen on this floor, and in a much fuller mainner than 'I could do it. Therefore, fot the purpose of making my remarks as short as possible, I will pass over thle various responsibilities, which I consider restilng upon the Federal Government. by reason of the abolition of slavery on our part; and it — is ny object, in the vote which I shall give upon the report whlich has been introduced, to secure the'rights of all. It will be my object to leave the responsibility, whlatever it may be, upon the Federal Government —anid the State of Iississippi, shall not, by any action which shle may take, assume and take upon herself that responsibility. Now, the amend-menit which I refer to,. accomplishes this precise object, and, as I contend, precisely thle ob)ject contemplated by the section under consideration. Iihave'heard no argumentto show that the preamble which genitlemoeni speak of, will prejudice our rights, or that it prevents us from presenting a free Constitution. The Constitution, with the substitute, will be as free as the Constitution will be, if the clause introduced by the Conmmittee be adopted. It is equally friee. It is a free Constitution, and I would like to have any gentlemen on this floor, show to thlis body, how it is possible, that by the adop tioni of the amerndment I speak of it is the worse. Slavery .114

3MISSISSiPPI CONSTITUTIONAL CONVENTION. has been abolished by the action of the Federal Goyernmenct. Therefore, we say, "Be it ordlained, that hereafter slavery shall not exist in the State of -Iississippi." That will nmeet the views of the President, I think. I merely state the fact, that the President himself states. If there be any honor in the abolition of slavery in thie Southern States, it belongs not to us, because according to the declaration, slavery is already dead; and if slaverv be extincet in the States of the Union of the Federal Government, which is uniquestioinably true, then I say, ii a1ll action we take, even upon the sectioi undLer consideratio, abolishing slavery, we merely do a work of superorogation, only to appease the North, and mueet the views of the Pr esident of the United States, and thereby secure our representation. The world knows we met here in Con vention by strong pressure, and by the action of the Federal Governnent; that we were forced almnot; we dclid succumb, and we did abolislh slavery, stating it should never hereafter exist. It is not a voluntary offering on our part. It is one that has beeni wrested from us, andl we may say what we please about. It is from conmpulsion on our part. As slavery is dead, I have no hesitation in recording my vote to the effect, but I want to record my vote, how it was brought about-how it was, MNississippi was abolitionized-how it was, that four years ago, no iman awould have been in Convention, voting in favor of the abolition of slavery. I want the record to go out with the facts, that is, that the Federal Government abolishedI slavery. Therefore, the State of Miississippi abolished slavery for the purpose of getting her rights, which she has underthei Constitution of the United States. Some unanimity must be produced in this body, and if gentlemen can show that we are to prejudice our rigohts, and throw impediments in the way of the accomplishment of the object we all have in view. I am open to conviction. I have as yet heard no argument on this floor that has convinced me, that the substitute offered by the gentleman from Lafayette, does not preseint a free Constitition, untrammelled, and setting forth the facts, and the cause of our action to-ay- no argumenet that has convinced ine, if we adopted the substitute, we should defeat our object. 'IM. Goon, O' Lawrencc —IMr. President: I wish to male a few remarks, for the purpose of removing, if possible, some difficulties, whichi appear to exist. It seems to be assumed by the gentleman fiom Hinds, (Mr. Potter,) that so far as the question of adop)tino, a firee clause in the Constitution, declring slaveryv abolished, the amnesty oath we have taken, has nothing to do with'lt. lie declared himself: free to vote for a slave Coonstitlition, or for a free Constitution-that oath notwithlstanding. I understood him to declare himself the representative of thle coverei.2- -eople of the State, authorized 116 0 I : I.1

PROCEEDINGS AND DEo'T'S[ IN' TIE to do whatever lie tjhoatiht liest, and for the iu.tere.st of that people, under no restrictions, and aceountaible to no olne outside this Conventioil, exfCept!is constituents. On the first day of this Con vention, I took the liberty of suggestinig on motion i-ale ani aopte, to a dvise Go{v. Sharkey, that this Convention was organized and ready to proceed to business, and to inquire if he had any coimmuneation to make to uswhether it might not be better, in view of the peculiar circumstances, under which we had assembled, to wait for some communication, in relation to our power and rights as a Convention. The gentleman from Hinds, in reply to that suggestion, and upon the motion, I believe, to re-consider, stated what I have already recounted, as the gentlemen from Smitli, (Mr. Johnson,) has remarked.'I understood another delegate from Hinds, (Mr. Johnston,) to endorse thlis position, and to state that he oesiidered himself the representative of a sovereign people, aid accountable to nlV authority outside this Convention, except the people of Mississippi. But whatever opinion is enunciated here, I did not then, and do not now, Mr. President, consider myself the representative of a sovereign people. The voters who sent me here were requirecl by the proclamation, to take a certain oath before they were authorized to vote for a RIepiesentative. Before I could take my seat here as a member of this body, I was required to take a certain oath. The difficulty that besets my mind, has not been removed as I desire it to be otherwise I I shall have to vote against the substitute of the gentleman fro'm Yazoo-in obedience to the terms of this oath. It has been remarked by gentlemen, that this has nothing to do with the question- that we 1nerely took the oath to abide by the Constitution, and support the Union of the States thereunder, and in like mamuner, to support all laws mnude during the existing rebellion in regard to slaves, and that therefore, they have a right to vote for or against a free Constitution. It is my misfortune, sir, to (liffer from them. One ot the rules for interpretingi tjihe meaning of a law, is to satisfy yourself as to the evil intended to be remedied or guarded against, and the object to be acomplished I-t is been said by distinguished gentlemen upon this door, that the President of the United States has not enunciated anything of an author itative shape, for the guidance of this Convention, but only in hints or inuendoes, by vhich this Convention ought niot to be governed. I have before nie the 1proclamation in which this amnesty oath is contained. After certain recitation, &c., he goes on to say-I think I quote it'orrectly-"to the end therefore' that the authority of the United States may be estab lished in the State of Mississippi, and that peace, order and /~ee(dorm may be established"-he provides for amnesty and 116 . i 'i 4 .; - , i - -- i. i,

MIISSIsSPPII CI N:TTT' CON'VENTI()' pardon. WhIat freedoi' Ta de feed oi'h we Jtcs? Not at all HIlas t'c uhe be t o1t e class hat h i,een enslaved? If the wor(Ifdreet~oi, ws pu}t in t Ii ts t c:t,aiati(on t advisedly, and I tke t, it was-aad Ihs (lo e-it' laws i t nt mall to the previous slave pwopulation hee'? Sur-elv, a(o establish that fieedom, he issued this proclamation, and prescribes a certain oath, called thie "amniesty" oath. I have been met, out of doors, with this suggestion, that this oath means simply to provide for the acceptance of the proclamation and laws iln reference to the emancipation of slaves that wherever it was placed in my power to defeat that proclamation or suLpport it, then I was bound, by my oath, to support it; and this, of itself, would induce me to vote against this substitute. I do not profess to be a very erudite scholar, but do profess and claim to understand ordinary language. There are two terms used in the latter clause of this amnesty oath. One is to abide by the proclamation and laws with reference to slaves. I take that to mean acquiescence and submission to those laws-acting simply in conformity to those laws, or abiding by them in a passive manner. There is another term used to support also those laws. What is the meaning of the word support? I think, that I will aid in upholding and carrying them into effect-giving every assistance in so doing. Suppose, and-as is contended, that slavery is not legally abolished in toto- and I take it, that almost all lawyers will agree about this, that slavery has not been legally abolished in the State of Mississippi. Gentlemen say differently, as if it was the conclusion of the arguinent that nobody contends that slavery is not abolished. I would like to know the meaning that gentlemen intend to give terms, where they use them. I am willing to admit that slavery is impracticable here, and has ceased to exist as a'live and vital institution; but there may be a legal slavery still, although it may be but a myth floating in the immagination of legal gentlemen, pretending to understand the rules of law. I am free to admit, that President Lincoln alad a right to issue the proclamation. I concede it, so far as the United States troops succeeded in giving slaves actual freedoin, during the exwence of the war, there exists not a doubt in my mind, as to t.eir realfreedom; but, sir, at the date of the surrender of this department, and of the armed forces of the Confederacy, when. there existed no longer, an armed rebellion, and there was no possibility of the commission of any further acts by the Confqderate States armies, or any State Composing it, there was a large number of slaves not reached by the military arm of theUnited States. What is the status of that portion of the slave population? Is it conten4o..l" +..the mere war measure of Mr. Lincoln, which as a war n terms, is only operative dutring war, re 0 117 0

PROCEEDINGS AND DEBATES IN TIE mains operative after the war has ceased' I j have thle best evidence that the United States Government did not so regard(l it. I remember reading a speech —a, great one, as I thought at the time, anld still think-of MVr. Seward, just previous to the nomination of Gen. MIcClellan to the Pr.esidency. I took it to be an electioneeriing speech-ilin which the doctrine was distinctly enunciated and laid down, apparently by authority, tIthat Mr. Lincoln, anda the Unitedl States Government claimed nlo virtue for the proclamation, except as a war measure, aindc he used this emphatic Ilauiiaoe -that when the war ceased, it ceased to be of force. I saw no disclaimer of this lan guag,e, on the part of tihe Goverrnmeut, and notlhing to indicate that the Governmenlt did not aoree with the Secretary of State. Those proclamations, then, being inoperative when the war ceased, I takce it that those persons who remained in slavery, at the encl of the war, are legally slavc. I infer from Presi denlt Johnson's amnesty proelamation, that he took the same view of this matter. I iliir fronil thle proposed amendment to the Constitutiou of tlhe UTnited States, adopted by Congress, land refered to the States for approval, in Febru ary, 1860, such was tihe view taken'of it by the United States Government. The amnesty oath is proposed. HIow does that oath propose to treat us? The gentleman from Miarshall, (Mr. Watson,) said that gentlemen, who insisted upon the substitute, must take one of the two horns of a dilemma-either that the State was sovereign, and was so-treated, or we were traitQors. I thlinkl we have admitted, by the amesty oath, that we occupied the latter position. President Johlson umidertookl to extend amnesty and2 pardon to certain persons, who had been in a state of re)ellionll, and the members of this Convention accepted the terms, came forward, and by their act in taking that oath, admitted that it was in his power to propose suchi terms that it was just and rioht that he should propose such terms, and that we occupied the position which that proclamation assigned to us-that thiere was a nlecessity for us to purge ourselves of this treason and reellion, before we were entitled to oullr rights and privileges of lberty -rd property, adcl citizens of Mississippi, and of t UnitLed States. We come and took this oath, to th1e end that peace, order and freedom, might be'established. HIe made a certain proposition, as I have said, to certain persons; and leit it with those persons to accept it or refuse it; and stand a trial for treason. Every member of this Conventiton, not only accepted the preferred terms, but so didC every one of the constitueley, wlo sentushere. tWhat is our duty in the premises? I believe that this amnesty and pardoi conferred upon ujs, is a sufficient consideration to bind 1s to the performian ce of the contract, int- -e entered upon taking this oath 118

MISSISSIPPI CONSTITUTIONAL CCNVENTION., But, says the gentleman upon the right, what right has the President to affix any condition to this pardonli? He had the right of pardon or punishment. but having pardoned, it was a contradiction in'terms to impose as a condition, what was, in reality, a punishment. I beg leave to differ from the gentleiman here, and say that the President did not inflict this punishment. If it be a punishment, it is self-imposed by the gentleman himself. The President did not, by physical force, compel me to take that oath, but I. consider that there was an inducement sufficient to influence me to take it; and, having Tdone so, I consider it before Heaven and this C6nvention, as a voluntary oath, and. I expect to abide by it, as I construeit. If my position, iIr. President, be correct-if the word "suppor't" means miore than mere acquiescence-if gentlemen of th,is Convention should consider that when we have provided a Contitution, for future time and generations, and people who may not have takeni the amnesty oath-if gentlemen coInsider that this comes-under the term "support," when we were called to deal with the question in this shape, I do not see any escape from this oath. I feel myself bound, and have, ever since I was announced as a candidate for this Convention, to vote for a free Constitution; and I consider this Convention,so bound, when by, unanimous vote, they adopted the proposed ordinance, to strike out of Constitution all the provisions, in reference to slaves. We heard of nlo substitutes or conditions that our Representatives should be received in Congress. We must disregard all these considerations, when we come to what I consider a literal compliance with our oaths. Gentlemen stick it out as if there was a lion in the path; as if there was danger of humiliating ourselves. I am opposed, as much as the gentleman on my right, to doing anything for the purposeoof humiliating ourselves. I understand eno,entlemnan to contend for that position. I think we are sutliiently humiliated, and were when we took the amnesty oath; but we irefeired taking it, to abide the risks of suffering the pains and penaltie of treason; and I think that we intend to act in good faith with the United States Government, in regard to the conditions fixed for ourpat of the contract. If we have a right to affix conditions, as insisted by the gentlemen from Yazoo, (Mi1r. Hudson,) and supported by able members, we have a right to refuse to adopt any clause in the Constitution, abolishing slavery- or such as will render it utterly impossible for the Government of the United States, ever to receive it. I consider myself bound-actively, not passively-to support the proclamations and laws made during. the existence of the rebellion, in reference to the,emancipation of slaves, and I prefer, as some gentlemen have said, that it should appear-as history, if you will, written by the Con 119

i'Ru()CEE1~1tiN(,S A"XNfD Di);BArTi"; N TLtlHE v..e..il.s1 — at slIvery ias easeod o exist as a vital in~enttion:-1 t~ )-, stitut0olli —lo b ti' ac't oi the United State,s Govoernmenllt, (for I do iot beliea-e it wss te act of the Ul ted States Governimeit lone or that i-t vyars io)rced I)Tby the ordinance of seessiion ailone,) liut as conse-quenee' of tl-ie wr. We all kow it to bIe a b]2 - bit I prefer so -tain it fo- th-is- reason. I a oppose(r to anj furtuer l-umiiation thl is a)bsolltely necessary for tie b'eniefit of- tlie p)ople of'3Iississippi. Not that I ai ponid and hauiglty, b)ut I ami opposed to h'umniliation in tie sense in wvfiieh, i sulppose, tie use of thle word upon this floor w-es intende d te be takei tiooi lou ilig' iiitioii is illculcate(d as a Chistian virtle, an ii tihai t sense, nlot to be shLunned. I woiil(ld have b)een iI f1eor l of iusertino a few wortds in thi s o rinanee,as i a i ten1iient thereto, to'the effeet that "slavery hin i t c xist, ve l-,ro-vide'tlat it shall not hereafter exist."' migt1, and will ble i-,nferred, th at intiidlated 1by b)yonets -over-awed by hilts or inuendoes, the daleoates of thie people of MIississippi, w,ho' heretofore insisted ti-at slavery was riolit, by laws both divine and human, liave turiiecd a complete soiumersault, ald have, u11der this inthniduatio, beirt thusi over-awe, have sudldenly chagted their minllds, and saidc slavery was wriong, nud therefore should not hereafter exist saidcl it i1 substance. It will be insisted that tlhis sudden chalngie which public opinion expresses through this Convention, is the result of fear and of' threats. I woulcld, therefore, insert some clause in thle Constitution similar to what I have sulggested; but if that cannot be done,'I will vote for the section as reported. The gentleman fi'omr Yalobusha, 3tIr. Brown, asserted there was no need, in his opinion, of any provision that slavery should not hereafter exist, in connection with that oath. The gentleman seems to overlook the facf that there may be persons interested in this assertion, for whom we are adlopting this Constitution, Who have not placed thiemselves in the state that members of. this Convention have-who have not taken the amnesty. oath, and who will not be bound by that oath to abide by and support the emancipation proclamation.' If we permit sfavery to exist, and those persons-they may be in the majority, for all I know —were to continue the institution in the State of Mississippi, in the absence of any claim prohibiting it, Would we have fulfilled the obligations which we have sworn to support? I take it we would not. We are providing laws, not for ourselves alone, but for the Government, and the people of Mississippi, whosoever they may be -whether they have taken the amnesty oath, or have not taken it. I think it is our duty-I'feel it, sir, so strongly, that I did not consider myself at liberty to vote —for the substitute -to vote for some clause prescribing that slavery, or involun 1 2 (',' 0

SI' SI:SIPPI C(OX-STITTUTIO0,AL C;:NVL,NTTON. tary servitude, shall lot hereafter exist. Hlow will it be, on the ground of expediency and i)olicy? If this substitute were adopted, wihen it went before Congress, this would be urgedand I can see 1o way of successfully refuting the position, or gettiing around. it that we left the peo)le of LIississippi at liberty to revive the institution of slavey andl continue it, if the proclaination iend the laws iln reference to the emancipatioit of slaves, which we have sworn to abide by and support, were decided to be unconstitutional. It would be said that we had not kept our faith with the G.eneral Government, and that we'could not be trusted, and woull not yield the point which we settl]ed-tl-at we had violated our oath, and would not be givei the privilege of taking ano1ther. I call the attention of tie members of this Convention to the peculiar language used. The whole is not contained in one sentence; but we swore, first, to abide by and support the Union of States, andi tee laws thereunder, and the laws in referenee to rebOellio; tand then, afterwards, we swore to, "in like maniier, abide by and s-upport" these laws and proclamations! Is it usual, in swearing aln officer, to say- "You swear to support the laws enacted by Congress; the proclamations issued by the President, and all the decrees rndered by the Courts?' The oath to support the laws, involves all that. The gentlemuan- from Hinds, Itr. Potter, laid great stress upon the fact that we should not be bound by this oath, in case the courts decided that the proclamations, &c., were unconstitutional. It was within the power of the President, although the proclamation and the laws in reference to the emancipation of slaves were unconstitutional, to prescribe as a condition to our amnaesty and pardon, tat we shoukld" take his oath. How would this whole oath be ceonstrut? As one oath? I have called attention to the pec uliar language and it would be considered, in law, as one oath. It would be said that we have sworn to support the Constitution and other laws; in other-wods, you have sworn to support the Cons*tution, save and exept so far as regard the institiution of slavery. If the President did not deem it necessary to swear .us to support any other laws and praclamations besides these reference to the emancipation of slaves-was not that the reason-because doubts did exist in regard to the constitu tionality and legality of them? But it was intend.ed to bind. .the conscience of all those in rebellion to abide by andmp port them, in any contingency, as thde political:ylieyf the country-not as a part of the mere law of -the e0n'try, but to deal with itas outside the Constitution, in tis sense, and to swear us to support it and, assist in earrying it out. - In voting, oQn yesterday, against laying on, the table eertain 121

PROCEEDINGS AND DEBATES IN THE propositions, I did not intend to convey the idea-and I sup pose other gentlemen did not-that we were in favor of amendments, the tabling of which we opposed. I wish sim ply to explain that when I cast my vote, I did not mean to be considered as binding or committing myself to vote for them, if put on passage; but I wished to prolong discussion. We came here with the idea of expressing and hearing expres sion of views on this subject, as the main object and duty of this Convention. My constituents looked at nothiing else, and I told them that probably the Convention would deal with little else, at this time. I wished to be enlightened, and was opposed to cutting off debate, by laying on the table, undiscussed propositions, wishing, as I and my constituents do, to have presented for consideration, the different aspects of every question. MR. CRAWFORD, Of Jones.-MIr. Speaker: The principle of the opposition to the section embraced in the report of the Cemmittee, seems to be remuneratiom I would agree to that amendment were its provisions broad enough, but in that es sential, all the provisos brought up and offered to the origi nal report of the Committee, have fallen short. These pro visoes kave only aimed at remuneration to certain classes, who, have heretofore been the owners of slaves, while I, MIr. Pres ident, represent the widows and orphans of the Caucassiaa race, whose cries are now ascending in my down-trodden counlty, for bread. Yes, sir, in my suffering county, of Jones, to-day the wails of three hundred and eighty widowed women and starving children are ascending before the God of right, and appealing in tears to the powers appointed for relief. Yet, in the midst of these facts, it appears that the enthie sympathies of this boly are directed to that class *h~ are presumptively suffering from the passage of the section under -considerstoa. I appeal in honesty to this Convention, to remember the white race, and not to be holly abso rbed in Africanism. - -..y a Mn. GOWAN, ofSimpson.-Mr. Presidenlt: It is ]not my purpose, ii arising at this stage of the discussion, which has progressed at such great length, to detain the Convenyon log in discussing the substitute o6:ffered by the:gentlemar from Yazoo, (Mr. Hudson,) or the ameidment propos ed to the Constitution by the Committee. Bu,tI.dem itue to myself as a delegate to this Convention, and more, especially to those whom I have the honor to represent here, to give expression to/the-views I entertain, and the reasons which willgovern me ini casig my vote.:... : are some portions of the substime, Mr. Prei:t whicf' might consistly Vote for; i'f n/ot Haen in Connectl: with oherprtions; but tag itas- - whole, I shfl be nfi 122 0

MlSSISSIPPI CONSTITUTIONAL CONVENTION. strained to vote against it, considering our present relations to the Federal Government. The substitute proposes that if the Congress of the United States will admit our delegates to seats in that body, that in that event we will abolish the institution of slavery in the State of Mississippi, etc., assuming that slavery, as an institution, still exists in this State, notwithstandcing the emancipation proclamation, and the laws of Congress, and the results of the war. I cannot see, Mr. President, that the objects contemplated in calling this Convention together, can be accomplished by making such prop)sitions as this to the Government of the United States. In other words, I cannot see that we will succeed in restoring our constitutional relations to the Federal Government, by adopting such a dictatorial policy as this towards that Governmnent. In doing this, sir, we attempt to dictate terms upon which we will be admitted back to our constitutional relation ship with the Federal Union. Sir, this would be a novel and exceedingly strange attitude for a vanquished and conquered people, groaning under military despotism as we are, to assume towards those who, after four years of desolating war, have succeeded in wresting fromfus evey means of resistance, and established over us a most grinding military despotism, which we can in no wise get rid'f, unless we comply with the terms prescribed by the Federal Government. And what are those terms'? As I understand them, they are to strike out the slavery clause of our Constitution, and guarantee freedom to those who have been held in slavery heretofore in this State. As I understand it, we are not to abolish the present institution of slavery in the State of Mississippi, because that has already been destroyed by the emancipation proclamation, :and the power of the military forces of the United States; and it is so regarded by the Federal Government; and hence, we are not asked to do that which is already regarded as accomplished by the Government of the United States; but we fre required to provide, by our Constitution, that neither slavery nor involuntary servitude shall hereafter exist in the State of Mississippi, unless as a punishment for crime, whereof the party has been convicted. But, sir, some hon4)rable members object to this position, and say that slavery has not, in deeld and in fact, been legally and constitutionally abolished in this State. As to the correctness of this assumption, I am rather inclined to agree with those who assumed this position, as it is a matter of doubt in my mind whether the United States have the power to strike down, by executive proclamation, an institution or species of property, recognized and established by the Constitution. But admitting this to be true, I would ask, what conceivable good can inure to us by reason thereof? None whatever, whenwe con {}~ 123

124 PROCEEDINGS AND )DEBATES IN TIIE sider that the Supreme Court of the United States is composed of men, who coincide with the administration, and the whole people of the North, that the Governiment had a Constitutional right in suppressing the rebellion; to declare the slaves of the South free; and to maintain their free(ldoml,.purely as a war measure, And this party being in powNer, and having our State under martial law and military governmenlt, they will maintain the freedomn of the negro, until we acknowledge and acquiesce in the fact, that the negoro is flee; it matters not whether that freedom was brought about by Constitutional means, or not; and having taken this view of the subject-and I conceive this to be the only correct A iew —we have the alternative left us, either to give up the institution of slavery, and shape our fulndamenltal law in accordanice with this truth, or to content ourselves to remain under military Government, as a conquered province, and ultimately hlave negro equality, socially and politically forced upon us. And I think, Mir. President, that it is far better for this people, not only for their present welfare, but for the welfare of generations yet to come, to secure to us and to them, supremacy over the negro, and the right to give him, by reasonable audjust laws, security and protection in his person and property. These are the terms of adcljustientc, offered to us by the President of the United States, and the only terms Which we can expect to obtain. But there is another question involved in this substitute, which I would favor if separated from the balance. It is proposed to set forth, by way of preamble, the means by which the institution of slavery was destroyed. I think it very proper, that this should be done; as the amendment offered by the Committee, if adopted as it stands, mnight be misconstrued by the world, so as to cast the responsibility of abolishing the institution of slavery, upon the people of this State. And this I am utterly opposed to. The authorities and Governmient of the United States have destroyed this institution, and I am in favor of giving them the sole honor. They have fought through a desperate war of four years, for the consummation of this object; and I am in favor of their enjoying the exclusive credit of it. But there is another question involved in the substitute, Mr. President. This question has reference to compensation for slaves freed during the war. I am in favor of the people having compensation for their slaves, taken from them without their consent, if it is possible for such compensation to be had. But I doubt the propriety of encumbering this proviso of the Constitution with such a proviso as this. If the people have a right to compensation, which I do not doubt they do have, taken in either a legal or equitable light, this right would not be destroyed by refusing to adopt this proviso. No action

MISSISSIPPII.CONSTI1U ONAL CONVENrION. of this Conventionll, could either abolish such a right, and I think the proviso wholly unnecessary. And, while it will do no good, it will undoubtedly have a tendency to do great harm, by prejudicing our cause, and I am unwilling to throw any impeclimeut in the way of our speedy restoration to the Union, upon the best terms it is possible for us to obtain; and this amendment would undoubtely have a tendency to impede the progress of our speedy restoration to our Constitutional relations to the Federal Government. Sir, the object in assembling this Convention, was to remodel our Constitution so as to make it conform to the new condition of things, and it is useiess to attempt to evade this main question, by any subterfuge, we may see fit to resort to. We cannot hope to accomplish our object in any other way than by meeting the facts squarely, and adopting the measures which are most likely to give us a civil form of Government, to enable us to reQulate our domestic affai's, and' which will restore us back to the favor and protection of the General Government. Sir, already there is a large party in the North and West, -who are advocating negro suffrage, and the social and political equality of the negro with the white man of the South, and likewise all the leading journals of the North are strenuously advocating this political doctrine. This party are also Lurgoing that the Government should hold the rebellious States under military control for a series of years, or until we are willing to confer the right of suffrage upon the negroes of the South, and allow them all other civil political immunities. But the President has adopted a very different policy fromn this, towards the seceded States, but whether he will be able to carry out his policy, or not, I am unable to determine. But I sincerely hope he will, and think this Convention should do all in their power to uphold and stryengthen the Administration, and to aid in turning this terrible tide of fanaticism which threatens to blot out the land-marks which have heretofore marked the distinction of the races. The present condition of this country is lamentable enough; but, sir, if we are forced to this direful necessity, more, far more intolerable will be our condition. I have some very serious fears, sir, that this once delightful country which has heretofore been so prosperous and desirable, would in that event, no longer be a fit asylum for the white race. But, sir, I trust we may be able to avert this great calamity, and once more succeed in restoring civil Government in our State, and that peace and prosperity mnay again bless our people. Then let us accept the alternative; acknowledge that slavery has been destroyed by the results of the war and the action of the United States Government, and shape our fun 125

PROCEEDING(S AND DEBATES IN TiE damental law so as to accord or conform with the Constitution of the Union, as the best means of restoring civil govw ernment and civil order in our State, and of securing to ourselves and our children the blessings of constitutional liberty and free government. 'IR. SLmIONTON, of Itawamba-IMr. President: I ain opposed to the proviso for this reason: it can do no good, and it may do harm. If our members to the National Congress would be received under the substitute, they would be received under the report of the Committee. There is no doubt in my mind but that if the State of Mississippi, through her delegates and representatives in this Convention, show by their action that they are determined to mould or change the fundamental law of the State to conform to the changed condition of affairs-that they are not only determined, but willing, to change the fundamental law of the State and pass such laws as will protect the freedman in his rights, and' guarantee and protect other citizens of the State at the same time, we have fr'iends enoughl left in the North to come forward and say to the fanatics, These people of the South have done ill we can tsk of them to (To; it is nothing but just to receive their deleog'ates. I believe our members of Congress will be received. I dlid not get up, Mr. President, to make a speech, but I deem it at duty to myself to show why I vote, as I shall, when the question is put. I believe there is no other means )by which the State of Mississippi can be restored to her relations to the Federal Government, but by making the change in the fundamental law of the State which we now propose,'nd I believe it is necessary to do that without any proviso. By wChat right dlo we hold our seats? Do we claimn tlhen because we are citizens of the great Commonwealth'? No, sir, the right is claimed because we have taken the emanlcipation oath prescribed by the President's proclamation. IIThat is the test of loyalty to the Federal Govern-, iMnte. When we take that oath to relieve ourselves from the (lime indier whic h w e weie suffering, what does the Federal 1OV(c1nmeuit charge IIus with? 1We have taken that oath and , as a memter of this Convention, expect to carry it out in cyood faith, as I am conscientiously bound to do. Before I took it, I looked around me and saw the condition i)f the State: In the first place I refused to take it, but I saw there was nlo other remedy. If the people of the State of Mississippi could have left and moved in a mass to a different country, I never would have taken this oath; but that is an impossibility. This people must remain here, at least the mass of them. This people must be governed by the'laws or legislation that the State of Mississippi will pass, or they 126

MISSISSIPPI CONSTITUTIONAL CONVENTION. must be governed by laws and officers appointed over them. 'That is the question. Shall we so change the fundamental law as to enable us and our children, in the future, to carry out our domestic affairs? With this view I determined to take the oath and carry it out in good faith. I shall vote against the substitute, for 1 believe it falls short of the object it aims to accomplish. Mr. Marshall moved to adjourn until Monday mnorning, 9 o'clock. Mr. Harrison moved to amend l)y strikini out 9, and illserting 8 o'clock. Tne motion of IMr. MAarshall prevailing, ) The Convention adjourned until Monday morning nine o' clock. SEVENTH DAY. IMONDAY, AUGUST, 21ST., 1865. The Convention met pursuant to adjournment. Prayer by the Rev. C. Chamberlain. Journal of Saturday read and approved. The President announced as the Committee oil Enrolled Ordinances and Constitutional Amendments, under a resolution adopted on Saturday last, Messis. Simonton, of Itawamba; Cooper, of Rankin; Mayson, of Marion; Barr, of Lafayette; and Johnson, of Marshall. The following communication from the Sergeant-at-Arms was read: CONVENTION HALL, ) Jackson Miss., Aug., 17th, 1865. ) W. PRESIDENT:, Under the resolution this day adopted, instructing me to make arrangements with the Postmaster of this city, for the prepayment of mailable matter sent by members of the Convention, I have the honor to state that I had an interview with the Postmaster on the subject. He informs me that he will forward all printed matter, the postage for which eaan be afterwards, settled, but that letters must be prepaid; in other words, must have a stamp upon them. The stamps cannot be purchased at present in this city. I am, Sir, Very Respectfully. T. C. McMACKIN, Sergeant-at-Arms, Convention Miss HoN. J. S. YEPrGER, President of Convention. Thle Convention resumed the consideration af the spe 127 0

PROCEEDINGS AND DEBATES IN THET cial order, to-wit: the substitute offered by Mr. Hudson, of Yazoo, for the second section of the Committee's report on State Constitution. MR. POTTER of Hinds-Mr. President: If I did not regard the proviso offered to the amendment, by my friend from Yazoo [MIr. Hudson,] as very important, and well calculated to secure the end which gentlemen seek to obtain through the proposed amendment to the Constitution, I should not delay the Convention by any attempt to secure its adoption. I think this proviso contains matter of real imiportancethat the policy it suggests is our true policy, if we desire to secure the early admission of our Senators and Representatives to their seats in Congress. I have listened with attention to the various objections urged against it, and,. to my apprehension, they are all founded on erroneous views; in error in regard to our condition as a people; error in regard to the Proclamation of President Lincoln; error in regard to the scope, purpose and effect of the amendment proposed by the committee of fifteen; and error in regard to the probable effect of that proviso. I seems to me, sir, there are giave errors existing in this bo in regard to our true condition as a people. We have heard it asserted that this people, as a State communitythat Mississippi as a State has "forfeited all rights;"-that the State, a co-equal member of the Federal Union, has been "whipped," to use the common expression. The delegate from Marshall [Mr. Watson] insists that one of the two propositions must be true. 1st, If the the ordinance of secession was valid then it took this State out of the Union, and we stand here to-day as foreigners and subjugated! 2nd, If that ordinance was void, then all stand here to-day as traitors; repsesenting constituencies of traitors. Such is the dilem ma in which that gentleman would place us. Now, instead of attempting to persuade the former advocates of secession to adopt more correct views upon the subject, my friend rather urges them to adhere to their heresy, as I term and consider it. As it seems to me, it would have shown more grace, had that distinguished gentleman urged them to come up to the true Constitutional platform; and to admit in their action here, freely and frankly, the error of their former opinions. I think, sir, that all who have entertaine} those views heretofore, might assume the position of a distinguished citizen of this State-a gentleman as distinguished for frank and manly candor as for gallantry in the field-who now holds and declares that "Mississippi has no such right, as the right of secession." I hope, therefore, members in aqting upon this subject, will disregard the suggestion of my friend, and refuseto .128

MISSISSIPPI CONSTITUTIONAL CCNVENTION. consider this people as a foreign people, outside of the Union, and therefore, in military subjection to the United States. Founding himself upon the proposition that, as a people, we are either subjugated foreigners or domestic traitors, the gentleman gravely asks whether we as a people, can now come forward and assert any rights. It seems to me, sir, that gentlemen, in comling to such conclusions, overlook entirely the fundamental distinction that exists between communities and individuals between States in their organized capacity, and the individual citizens of the State. I have seen it declared in a newspaper as the true doctrine, that a State of the Union might be guilty of "rebellion;" and that when a State thus committed "treason," the whole population of the State, those of tender years, as well as grown np men-those incapable of reason and those competent to act for themselves, all become by act of the State, traitors to the Government of the United States. In my opinion, this error and its consequences, may prove more pernicious to our people, than perhaps any other that can be adopted. It is the very position assumed against us by those who assert the power, as well as the duty, of the Federal Government to control the right of suffrage in Mississippi. Their leading proposition is, that Mississippi, as a State, has "forfeited all rights"-that having "no rights" she can claim nothing as a member of the Federal Union; and that so long as she remains in her present condition, the Government of the United States may rightfully deal with the question of suffrage, and perhaps all other questions. Such is the declaration of the Boston committee under the lead of Judge Parsons, put forth in an address from Fanieul Hall. Such, I believe, is the fundamental proposition of all who assert the right of the Federal Government to control this question of suffrage against us, and to regulate it at pleasure, and even to reduce us to the condition of our former slaves, and make them sole voters in the State. Now, sir, of all things, we should be exceeding circumspect lest we admit this proposition to be true. We should delay long and ponder, painfully, before we proclaim it as a truth. Why, sir, in so doing, we lay for them the very foundation on which alone they can rest their claims. Gentlemen talk of "giving aid and comfort" to those who seek to impose these conditions upon us. I have been told that the policy I propose would, if adopted, end in the imposition of black suffrage upon us, and that therefore, in effect, I was aiding to accomplish that end. But, sir, if we proclaim to the world that we have "no rights"-that we, as a State and people, "have forfeited all," I ask how can we object against 129

PROCEEDINGS ANJ) D)B'ATES IN TIllE the demands of the advocates for black suffrage, or in opposition to any other schleme!hey may propose for our ruin'? Mr. President, we have been told that we should do nothing to embarrass the Administration; rl,thing to discourage our friends at the North. I admnit that we have friends there; many friends, and I thank God for it. I agiree, too, that we should do nothing to embarrass or discourage them, and I urge the fact against this doctrine which gentlemen assert. I sa, s.',l thatl tlhe position of the gentleman is it direct opposition to the avowed ConstitutibnMal policy of th'e President, and of the eonservative'men who sus ain him and propose to carry out his policy for the re-organization of the State. Is this true? Is this the position of the Presidenft? Let us see whether he regards uts, to use the language of the delegate from Marshall [Mr. Watson] as either foreigners or traitors subdued and conquered, and entitled to no rights, whatever. - I read, sir, from the Proclamation al)pointing -(ov. Sharkey-the first portion of whichis in lhese words: "Whereas, the 4th section of the 4th article of the Co(nti, tution of the United States declares that the United-S'ateS shall guaantee to every State in the Union a republican form of Government, and shall protect each of them frolmi invasion and domestic violence;'" and then follows a recital in tbese words: "WVhereas, The rebellion which has been urged by a-Ortion of the people of the United St fates against he consftituted authorities-of the Gover'nment thereof, in 1hel most violent and revolting form, and whose organized and armed forces have been now almnost entirely overcome, has in its revolutionary progress deprived the people of Mississippi of civil government; and Whereas, It becomies -necessary and proper to carry out and enforce the obligation of the United States to the poplei( of fississippi in securing them in that enjoyment of a Republican form of Government." WVhat, sir, does the President admit here? What does he declare, to us and to the world? "It becomes necessaand proper to carry out and enforce the obligations of:the United States to the people of Mississippi, in securing to them the enjoyment of a Republican form of Government." There are "'obligations" resting upon the Government of theUnited States, to do something for lhese people; and those obligaitons arise out of tlhe Constitution of the United Sta' es. The Government acknowledges its duty and declares our right. Bus, notwithstanding this, gentlemen on this floor would sink us to the degTded c,ndition of a eonquered province, in the hope that by some act of theirs the State may emerge ant!. be raised-uLp prhaps, to the position 130

MISSISSIPPI C)NST'ITUTIO\NAL (0ONVENTI0'IO-N. which the Federal Government permits her now to occupy as a State in the Union. I am 1 o be regarded as "crochety," when I, in this hall, assert what the President and Government of theUnited States declares o be now0 tle truth regarding the ptople! The Proclamation proceeds: "Now, therefore, inl obedience to the high and solemn duties iimposed upon me by the Constitution of the United States, and for the purpose of enabli-go the loyal people otf said State to organize a State government whereby justice miay l)e established, domestic, tranquility irestored,'and loyal citizens protected." Why sir,- the President recognizes thieIfact that there are( other persons here besides traitors; that thlere are "loyal citizens,"here; hlie goes on to prescribe the mode by which t-le men of this "State" may incerease and multiply; and to that end he prescribes the process of the amlnesty oath. Those who are innocent of voluntary participation in the war, and those who have taken that oath, are regarded by the Governmrent as loyal citizens; and we stand here to-day representing them. Why is it, then, that gentlemen persist to argue that this Convention represents only "tforeigners or traitors" entitled to "no rights;" and that therefore it would be presumptuous for' this people to go before the country upon the proposition of the gentleriman from Yazoo [MIr. Hudson]? Is it an act of unparalelled impudence and hardihood to assert, as the President declares~ that this people have rights? Will it offend him if we say: "This 1people, as a people, have constitutional rights, and you, Mi. President, are bound to regard them?" In that Proclamation, the President asserted, further, the continued existence and binding force of the Constitution and Laws of Mississippi, as they existed prior to the act of seeession. He avowed the same doctrine in his public address t(o) the Indiana delegatioii. When a delegation from South Carolina visited Washington, somne of the delegates said to the( President: "Sir, we have forfeited all. We have no rights." But the President replied: "It seems. gentlemen that I amn a better states-rights man than many of you." Had he been ill this hall, and heard laLguaLge used by delegates here, lie might have employed, for our reproof, words of strongerl emphasis tihaii he addressed to that delegation. Why sir, here is the President declaring we are a State under the coin.stitution, entitled to the immediate admission of our members into Congress; and that it is the duty of the Government to give us all the benefits of republican institutions, ill full and tree enjoyment; and yet gentlemen who assume to be, per se, the supporters of the presidential policy, strive with all their powers of aro_ument to koek from uniider his feet the Con 131

PROCEEDINGS AND DEBATES IN TIlE stitutional platform on which his policy rests! Why will not gentlemen permit him to maintain this position assumed for us'? Why not permit him, as far as possible, to advance our cause? Why oppose his honest efforts to secure our Constitutional rights, ilncluding our representation in Con gress? This, sir, is the public policy of the President that I advocated on a former day; and my conviction that it is his policy, is as strong now as before I heard the argumenlt of my friend from Marshall ['fr. Watson.] It seems to me there should be no diversity or opinion as to the views of the President in regard to the rights of these States or as Com munities. The Bureau orider approved by him, that I read the other day, as recited in the order of General Slocum, does not affect this public position of the Presidenit. That order was doubtless founded on erroneous views of right and policy in the treatment of negroes in our midst. The President seems to think they are not practically free, under the Proclamation, if not on an equal footing with the white persons of our country. This order certainlyis inconsistent with the right of the State to enact and regulate for herself the laws of evidence; but it does not fuirther affect his avowed doctrine in regard to the position of these States, and their right to -have their Senators alnd Representatives admitted unrestricted, into Congress. Mir. President, it seems in bad taste to use language like that employed by my colleague, the other day. He said: "Let slavery, compenssation-everytlling else go, until we find that our children have a land to live in." Proclaimn to the world your readiness to give up "everything" but the right to occupy a homestead in Mississippi! Proclaim yourselves in a yielding mood, and where will demands upon you cease? Are you prepared to grant free suffrage; prepared to accept universal equality? It is all covered by the language used by my colleague in the debate on Saturday. Give up slavery-give up compensation give up everything else'! Why, sir, what is not included in thlose words? I ask, is this house in the yielding mood, to give uip "everything?" No, gentlemen, no! It is manifest to all, that there must be a time to pause a time when this people must assert that they are a people, and as such:have rights. We are bound to take position on Constitutional ground, and call upon conservative men, everywhere, to rally around us and maintain that position. In my judgment that time is now, when we should take that stand, asserting what the President asserts, for us, that as a State we have rights-that the Governinent owes duties to us as a people. And I do not think we can offend any man, whose support we can ever hope to have, by a firm assertion of these findamental truths. 132

H::MSI SIPIII CONSTITUTIONALI C )NVA-ENTIO()N. Again: I think there arie errors ill regardl to the scope tand efet of the emancipation proclamiation. We have heard a great dreal sir, about the ablolitioii of slavery here in the Soutih. It has i)eer asserted, over and over aoe?iu, that slavery is dead here. But while gentleifmen are firee to admit that slaver,, was destroyed by the act of the Government, they will not say so upon the record. My friend from Rankin [vMr. Cooper] thought it necessary to explain why he would vote for the Constitutional amendment, although he would permit no explanation in the form of a preamble to it. He thought, perhaps, to place himself on record in another way, and show to his constituents that he so voted because slavery was dead already. Why not come to the point and declare to the world how it is you vote for this thing? Why not vote for preambles which assert what you declare to be true? My friend from Hicnds [Mr. Johnston] declared that slavery was not only deadcl, but dead and killed four times over; killed by the proclamation, by the acts of Congress, by the might of the sword, by the opinion of the Christian world. He therefore considered it very dead. But sir, is it true that President Lincoln attempted to declare the institution of slavery abolished in the State of Mississippi in the sense in which' gentlemen speak of it? In other words, did he attempt to overturn the fundamental law on which slavery rested in Mississippi? Was hlie dealing withl the institution, and the laws made in support of it; or was he dealing with individual slaves? You might take out of the State every individual held here as a slave on the first day of January 1863, remove them, carry them to Liberia, by every sort of laws and ordinances declare them free; but in so doing you would not abolish slavery as an institution in Mississippi. What did the President do? I give his words from his proclamation of the first of January, 1863: "I do order and declare that all persons held as slaves, within said States and part of States, are and henceforth shall be free." That proclamation excepts from its operation certain parishes in Louisiana, certain specified counties in Virginia, and the whole of Western Virginia. It does not include the State of Kentueky. Beyond question, slavery exists in Kentucky to-day, notwithstanding the proclamation; I have a full legal rioght to go to Kentucky, buy slaves there as property, and bring them here and hold them as slaves in Mississippi. Do gentlemen deny this as a-legal proposition? Do they claim that the President in declaring that persons held as slaves, were free, overthrew our laws and the provisions of the Constitution of the State? No, sir! There is a distinction, broad and palpable, between the act of freeinlg certain persons, and an act overthrowing or annulling the fiundamental'law and 133

PIlO(CEEDINGS AND I)E,PATES IN Tl' policy of the State in whiiclic those persons may happeii at tlhe time to be. I say then. that gentlemen are talking and acting here, uider a grave error, in regard( to the scope aid effect of that Proclamnation; iIdi for that reason, are also acting under an error in regard to the scope, purpose and effect of this pro posed amenuent to the Constitution. What, sir. is that amendmnent'? In times past, we heard mnuceh of the Wilmot Prov-iso auid that thinr. was deinotinced throughout the whole South. BIt, lhere to- day, e have, ini this amendmenlt, that very proviso. I say, sii, it goes bTeyond the proclamation; it proposes o abolish,. utterly andi forever-to prohibit forever hereafter. th'e holding of slates, is lproperlty in- Mississippi. Under tie proclaTration, one might 0o to Kentucky, and purchase, b)r1ingT here, anld hol-dl slaves as propeity. Under the proposed aminendment, this would be impossible. I wish gentlemen, to coinsidel the Idifffence between thlese two things, wheii they come to vote upolI the proviso, propose:d b)y my friend from Y azoo), (;. -Ifiidson. ) Gentlemet n hs ve salti thiis n'iedment is bnt a repetition of the proclamation, lBut they are diffrent things; and if we propose this anlllmeint, on ceritain coniditions, to the peopleof the Northf, they must see that we ofiter tlhem somethingll real — sometling more tlhian the mere repetition of the proClamation. I lhope, sir, that gentlcinen will reflect on this view of the subijet, a,nrd especially that tl-hose who re,ard tht-h selves as boltund by the amnesty oath, to vote for the amendment, will pause an(ll consider, in viewv of these thinios, if they are so )ou1ld. If I take a right view of that proclamation. it iccliaei free olily tlhe )ersons, held as slaves, iii certai parts of the South, oin the first of January, 1863. If I tak-l:-t right view of the amendinenit, it declares that Slavery shaill not exist here in anyi form; that our' citizens shall not brijii slaves into the State, aud hold thiem here. (eGentlemenii hold that we are sworn to do all this, whelln the amistv oath, inl this particular, only requires us to abide b)- riiid faithfully support the proclamatioil and acts of Cong ress, which declare the fleedo of ci ertain pers(-)iois, ad have no further relati0tn to the policy of the State. in regar(id to sl,aver- y friend, fromnLavwrene. (Mr. (G-oode,) thinks the word "suppoit," as used in the oathl, imports veciy nmuch; and therefore he feels bomid not only to imainitain the freedomn of those persois, but also to support every sort of propositioni intended to destroy the slave policy of the State. He even asserts that he woulnd be bound to support the proclamnationl and aCts of Congress, although the Supreme Court of the United Sats should declare tlhemln void. Let us see in what sort of predie-a ment my friend woutl,d be, if' called up1on to reniew the oatJA 1.34

MISSISSIPPI CONSTITUTION\AL CON VENI'ION.1. after that Court had so decided. The first part of it binds him to support, protect and defend the Constitution and the Union of the States thereunder; and then would come an obligation something after this wise, "and in like mianner, I solemnly swear to abide by and faithfully to support the proclamation and acts of Congress, for the emancipation of slaves; although by the decision of the Supreme Court of the United States, an authority which I cannot gainsay, that proclamation and those acts have been declared to be in violation of the Constitution of my country! The thing stands apparent, as'I urged the other day, that the controlling part of the oath is that which regards the Constitution and the Union. There is nothing in the oath to constrain him. All that he is bound to do, is to treat those as free, who were held, on the first of January, 1863, in certain localities, as slaves. What objection can be urged to the proviso offered by- my friend from Yazoo, (iMr. Hudson?) We are told of certain p)romises to admit our members into Congress, if we adopt the proposed amendment, and my colleague, refering to those promises, spoke of the adoption of this amendment as a condlition precedent. We all know that the advocates of this amendmuent are acting upon the idea, thlitt if we adopt it we may possibly secure the admission of our0 memibers into Congress. If there is one such advocate, who is not acting upon this hope, I desire to hear from hiu. Now, sir, what do these gentlemen understand the President to l-)romise'. It is this, sir: "adopt an anti-slavery Constitutioi-i, and Ryou may secufire the admission of youir members. Do this, and it may be well with you as a people. You may enjoy the blessing of civil goverinment, and a representation in Congress," Such are the terms assumed by gentleman, as having been proposed by the President. Now what does the gentleman from Yazoo propose- how does he respond to this reported policy of the P,resident? In effect, he says: "Mr. President you propose upon condition, thiat we dlo these things, to stand by us, to give us the powerful aid of executive influence, and the aid of frienids, to secure what we earnestly desire-the blessings of civil Governlmenit, and a representation in Congress. Now, sir, upon condition that you seeure to us these things, we will do what you desire."' And this is a proper response to the reported ofifr of the President. It meets him upon l-his own ground. "But," say gentlemen, "'this is (dictitorial, sid not becoming to foreigners and ti-aitors." Why, sir, the President asserts these rights for us, and may we not deal .-tr him, as parties entitjed to enjoy them? It is not dicta-tion. It cannot offend,'but will encourage our friends, and uphold and strengthen the arm of the Executives Upon the 135 I

PROCIEEDINGS ANJ) I N TIX'T proposition of the ogentleman firomn Yazoo, we say to those who demand all, and offer niothlig-o: "Ie o gnt 1 0-oI wishl upon condition that ylou accord to us our ri Bht." But if we grant unconiditioiially, what they deand we encourage fur ther aggression oy colleague fears that it +-e adopt this proviso to the amendmecnt, the President will reoarid us as still inll the bitterness of iebellion. But, si5r, whel we adopt the amecndmient, we will 1have adopted the W ilmot Piroviso; and that deed will abide, and be to the most suspicious, our concilisive )proof of loyalt — that test will stand against all cavils. As uirged )y the gentleman fromn Yazoo, 1)- adoptilng this proviso to the amiend-ment, we shall aid the President and east the resiponsility upon those lawless men who deny ius our Constitutional riohts. He can theni say to those Radicals: I"Mississippi has done all that can be required of lhei. She has adopted the Wiliuot Proviso, subject to a fair and proper coiidition. Aind now it remains for you to determline whlethler she shall take her place as one of the free'States." By anlex ing the prosviso to the amendmeut, we place the Radicals ill a political predicament. We offer tlhem the Wilmot Proviso upon condition that they do us justice. Dare thiey reject that proviso, and meet their constitiuents? There is anofher -ultter to be considered in connection with this subject. During the last four years, an iinconstitutional test oatht has been adopted with a view to exclude Congressional delegations firom these States, and this presents another and stronger reason why we should not adopt this amendment, unconditionally, but should annex the proviso to it. If we adopt the amendment without the condition, those Radicals will approve the deed, and send back our own members until we yield up more; and after their exactions should all be granted, even to black suffrage, tlhey will still have in reserve that test vote for members to Congress. If then, gentlemen Aiill adopt the Wilmot Proviso, shall it not l)e upon condition that this test oath be annulled, and our people admitted freely to the benefits of civil Government, and to a representation in Congress? Every consideration of policy looking to an early restoration of civil government, and to immediate representation in Congress, every consideration of duty and honor that can influence us as a people, should constrain us to insist on this proposed condition to the amendment. I cannot perceive the slightest objection to the adoption of the proviso to the amendment. I therefore give it my hearty support. ]IR MARTIN, of Adams.-Mr. President: I am a member of the Committee that reported this ordinance. I took occasion to reflect what might be the result of the passage of the 136

MISSISSIPPI CONSTITUTIONAL CONVENTION. ordinance, and I came to the conclusion that the proposition of the delegate from Yazoo might very well be engrafted on the amendment proposed. and so suggested to the chairman of the Committee. I am willing to vote for the proposition as it stands in the report of the Committee, without the, proviso. I am willing to vote for it in that condition, if it shall be found that such a proviso, or one similar to it, cannot bee passed by this Convention. I have looked carefully to see whether any hope was held out to us by the appointment of a Provisional Governlor, and by the partial restoration, as it was supposed, ot law and order by the appointment of certain county officers in this State. I have looked anxiously to see whether we had sufficient assurance given us, that the State laws would have full force and effect, and that the rights of this State would be recognized. I have looked to see what course was pursued by the Federal Government in the States which never passed the ordinance of secession, towards the people of these States, as to those rights which are clear and unquestiolnedl- not those doubtful rights about which there has been much controversy; and whether these rights were respected by the Federal Government. I have looked to see whether these things we see around uLs every day, reminding us that we are in a state of subjugation, would be removed, and that fraternal feeling manifested that we were led to believe might be shown; and I had hoped that in forming a new Conlstitution, or in amending the old one, we might feel safe in trusting, exclusively, to the guarantees of the Constitution of the United'States, and that we might not be called upon to insist upon anything farther. I am sorry to say I have seen very much that has led me to distrust the future. I have seen very little to encourage me in the expectation that we would very speedily be restored to our rights as a State, or that very speedily, unless we looked well to it, we would be restored to our right of representation in the Congress of the United States. You remember, M1r. President, that already a certain amendment has been proposed in the Congress of the United States, and long since agreed to by a large number of the States that compose the Federal Union, and may be engrafted in the Constitution during the next sessidi of Congress. One section of tae amendment abolishes slavery throughout the Union. IThe second section confers extraordinary power upon Congress. That section gives to Congress broad, and almost, I may say, unlimited power, and at a time when throughout this country, constitutional restrictions are not regarded as they once were. I fear excessively, that there is hid away in that section, something which may be destructive to the welfare of the South. I am not willing to trust to men 137

PROCEEDINGS AN'T) D)EBATES IN THE who know nothing of slavery, the power to frame a code for the freedmen of the State of Mississippi. I am not willing to trust to these men, who have been educated from youth up ward; taught in their schools; taught from the pulpit; taught by their public speakers, and taught by their writers, that the white population of the South is a degraded race, as compared with our more favored brethren, who live in a Northern climate; who have been taughlt, also, that slavery is odious; that the master is not restrained by feelings of hu mianity-that it is only interest that guides him in his con duct towards the slave; who by exciting books', periodicals and speeches, have been led to look upon us as a race of mon sters, and by whom the negro, in his ignorance and vice, is esteemed a being far superior to what we know him to be. They have painted the good qualities of the negro as our iiovelists have painted those of the Indian. Our imaginative writers have so depicted the Indian, that in future years, how much of the truth will be known of the true character of the Indian? He has been described as brave, and generous, and noble, and so in anz equal degree has the character and capac ity of the negro been exalted. Now, I say, I am not willing to trust to men so educated, and so taught-exasperated as they are now, on account of the resistance that has been made to the Federal authority in these SouLthern States —hating us and our institutions, our < -customs and manners, and disregarding our rights, I am not willing, I say, to trust to the fanatics of the North to frame .Ifor us a code that is to govern the freedmen of the State of M,ississippi, which may, or may not, render residence in this State, to the white man, impossible. It would be but fair to presume that if left to them to per fect this code, and direct us how we shall act in our conduct toward this people, and how the freedmen shall act in his coIn duct towards us-thus fixing the political status of the freed men-they will put them upon an equality with us, giving to them the right to vote and take control of the State from us, and give it into the hands of fanatics and ignorant freedmen. The time laay possibly come when this will be the.result of leaving the condition of the freedmen to be decided by legis lation in Congress, in the absence of representation from the Southern States. The time may come when it will be no lon ger a question with us whether we can remain here; it may be a question with us what country, what asylum we can find, where we may be once more secure in our lives and liberties. Inasmuch as there is a possibility that at the next session of Congress an amendment to the Constitution may be engrafted on that instrument securing to Congress the broad power giv en by the second section, and the whole question of the man 1 —i S I

MISSISSIPPI CONSTITUT,ONAL CONVFNT;OY. ngement of the freedmen in this State, and their relations to the white men of the State may be legislated upon without our being heard, I propose, sir, to vote for this proviso —not by way of a threat. I do not threaten others, and am not disposed to submit to threats myself. I put it there simply as a proviso. I propose to say, "we are willing, having fought for this great institution, and been conquered, to amend the Constitution in such a way as shall be of most service to the country. Believing, as we did, that the proper place of the negro was in slavery, we have fought for that institution. We have beeniovercome by those who now have,it in their power to legislate upon questions which belong more properly, I believe, to the several States. We are perfectly willing to give up this institution of slavery. The result of the war has been such that the slave cannot properly be held in that capacity, but we leave you the right of fixing the moment when every slave in Mississippi shall be emancipated. We present you a firee Constitution, and only ask what we are entitled to. We ask to be heard-to have a day in court, that our representatives shall be there when you undertake to legislate on the subject of the freedmen in the State of Mississippi, if you undertake to do it at all. It is a question that affects us so vitally, that all that we possess is involved in the decision. It has been contended, I believe, until recently, by a large majority of the people of the North, that the act of secession of the State of Mississippi, is utterly mil and void-thatthere is no Constitutional right of secession. I believed that myself, and opposed the act until the war began. I believe so yet; I think yet there is no such thing as this constitutional right. The case was well argued by the delegate from Yazoo. If we have not been out of the Union and have come back and pledged ourselves by an oath of allegiance, what reason is there for keeping us out of the Congress of the United States, when every delay is a matter of vital importance, and the condition of affairs growing worse and worse. We are much more directly interested in the question than those in the North, who are disposed to take the settlement of the question out of our hands. It is nothing but just that we should be heard-have some advocate on the door of Con,gress; and if this proviso is adopted, at all events, we may be heard. I can conceive of no reasonable opposition to the passage of the ordinance with the proviso. We leave it optional with the Congress of the United States at once to get rid of every doubtful question touching the emancipation of the slaves by accepting our delegates. Upon that body -will rest the blame, if evil shall arise out of the failure to allow us what we claim to be our just rights. We attempted to break up the Union, and failed. Whatever may have been thought 10 139

PRiC(I5E+iz)INGS ANI) E)BLATENS IN THE of the righit to secede, we at all events did not main:tain it,. andl we are still in thle Union. I shall vote foir the proviso, and hope ill so d(loingc there may be something approaching uinanimnitv. You muoist remember that we stand -first amono trie States called upon to reconstruct. Tlie othelr States will not hold their- Conventions fobr weeks to come; an example will be set by Mississippi, and she'Will play an important part in the coiurse pursued by the other States. If in solid phalanx a large bo(dy of intelligent men goo to Conogress from these States, and present their claim to the rilght of representation, with free Coiistitutions, I believe to those who have niever yielded to extreme fanaticism, tile miodertte Repuil)licans of thie North, our claim will )present itself in such shape, amd comimend( itself so strogo-lv, that o0ur irepreseitatives, as,a )ody, w ill be r eceived inl Congress. I ma,y be mistakeln, -et I would take every mieans in my power to secure representation there, and with the large inumber of delegates that we would send to Congress, united with the Consejrvatives a-nd moderate men there, we may still hope that sometiiing niay he done to relieve us of the doubt in which w e are lloW living —froiom the apprehensions which make lifb ainything lbut pleasant to us, andl we may go to work once more andl restore our State to the position she once occupied, as a peaceful, law-abiding State. We miay, however, without passiing this proviso, yield yield all-in vain. We may dep)rive ourselves of the opportunity of standing shoulder to shoulder with those Representatives in Congress from the:North who believe that this country was made for the white man-who believe that it was intended that the Caucasian sliould be the dominant race. We may combine with thenm, and probably be able to restore the reign of respect for the Constituttion and the laws. We may be able to stop the tide of faiaticisni, aind there may be a reunion, if we all act as I think we ought; and we may again become a prosperous State, ill a prospe-ous Union. IMn. Y.IRGER, of Hinds, said: Mr. President: I dislike to tresspass upon the time ot the Convention; but the course of this debate has been of such a character as to render it proper in me to place before the Convention and the people whom I represent, the reasons which induce me to support the proposition originally intro duticed by thie committee, and to vote against the substitute ,offered by the gentleman firom Yazoo, [Mr. Hudson. ] The substitute is, in my judgment, more obnoxious (and though seemingly plausible,) will be more fatal, if adopted, to the great object for which this Convention has been called, than any of those which have heretofore been acted upon and re 140

AIT[SISLiU'2 C( NSkT& lTUTI()NAJ {;()X VANTIONo 14 jected.;'The colise of of those who advocate this substitute, stlrikes me:with astonishment. They seem actu ally to ig'nore the eelets of the past five years to iil(ore thle present coi'(lition of the people and of the State; alid i1 soine dreamyl, abstract revery, to indulge in visions an&l fancies of Constitutioinal law and Constittitioiial G(overnmnent, w hich they think ouglit to prevail, but whicli meni of lpractical common sense, viewing facts-stUb)i)orli facts, as they are —well know are not attainial-e at this time by thle 1)eop)le of this country. I purpose to briefly recall the events of the past four years to present to the consilderatioll of the Convention our actual condition, aid( lea-ve it to determine for itself the proper coni'se to adlopt. Five vyears ago we were 1)lesse(al with as muchl prosperity as the Almniglity esver,ranted to ainy people onl the globe. We had a Coufstitutlon lichlich guaranteed to all equal civil anid pc. litical riohli ~ e 1'(t 4Iateiii -)rosperity such as had seldom before bei r teIied )v thte most favoredl nations; b)lit there w-as one caqise of (iscorl(t land disquiet, which cast a glo(?i over the filtuie. It had tfor years I)rofed a source of (diseln tent and atoitatioii, and to a grleat extent of aplprehension aud alarm to the whole lpeople of this countr'. Soon after the formation of thle (Goovernment, two parties were organized in reference to slavN-ery, ad its abolition. Those parties lhad from day to (asy waged -war utpol eachl other iii the halls of Congress and, Upon the hustingos, until iIn Novem)er, i-, (0, it was transferred from the foruliii to the camp, and t()rolued results that have astoiushed the civilized world; wliile at the same time it has entailed upon us the most fatalt ard i'riinoilis consequences. lIr. Liiineoln was elected iii November, 1S60, aud the people of the Sou-thern Statt.s, with a great degree of unanimity, came to the concllusion that his election imlp-erilled, if it was not actually subversive of the institution of slavery. Acting upon a preconceived idea, tlhe Senators of Soluti Carolina, within two oi three days from that election, witlhdrew from Congress. The Governors of the several extreme Southern States convenedl the Legislatures of these States in extraordinarv session, for the purpose of advice and council, and of adopting such measures as they might deem necessary to protect the people of their States from the evil consequences it was supposed would follow. Mississippi assembled her Conven'tion in this capital, on the 7th day of January, 1861, and. on the 9th day of that month, an act styled "An Ordinance to dissolve the Union between the State of Miississippi and other States united with her under the cornpact. entitled, The Constitution of the United States of America," was passed aiid 141

PROCEIEDINGS AND DEBATES IN TiHE ordained, and Mississippi declared herself thereafter a free, sovereign, and independent State. Our members of Congress and Senators, were ordered to withdraw, and did withdraw from the Congress of the United States. Similar acts and a similar course took place in nearly all of the Southern States, and in a very short period, after the election, there was left in Congress but a small minority to battle against the Republican party in adopting any measures they might see fit to take against the institution of slavery and the rights of the Southern States.' In the month of December, 1860, before the delegates from Louisiana had withdrawn, a proposition was introduced and passed in the House of Representatives, guaranteeing perpetually the rights of the States in the institution of slavery, and protecting them thenceforward from any action or interference on the part of the General Government. This proposed amendment to the Constitution came before the Senate, and but for the withdrawal of the Southern Senators, would then have passed. In my humble judgment, but for the extraordinary disposition which then and still seems to exist in the 'breasts of some gentlemen to protect what they are pleased to call the dignity of the South and the manhood of the Southern people, at the expense of the peace and practical well-being of the State, an amendment to the Constitution would have been adopted, which would have secured forever the institution of slavery, until each State of its own free will, saw fit to abolish it. But our people, under the excitement which existed, and in the madness of the hour, disregarded and rejected the proposed amendment. The Senators from the Southern States had nearly all withdrawn or refused to vote, and the amendment thus proposed was lost. A few months passed, and seven of the Southern States met together in Convention, and adopted what'is krown as a "Pxovisional Constitution for the Confederate States of America." Troops were organized, arms were prepared, and places in possession of the United States were seized and held, and every where in these States the officers of the Government of the United States, of every grade, were ousted from their places, and those places filled by persons holding under the Constitution of the Confederate States of America. Mr. Lincoln, onl the 4th of March, was inaugurated as President of the United States. In his inaugural address, he proclaineed that he did not intend to interfere with the institution of slavery in the States, and urged the people to return to their allegiance to the Federal Government. But exercising what hey believed to be a right belonging to them, and which they upposed necessary under the circumstances, for their safety, e,people disregarded this counsel, remained and continude 142

MISSISSIPPI CONSTITUTIONAL CONVENTION. as they were, severed and withdrawn from their allegiance, and placed themselves in hostile array against the authority and Government of the Union. After a few more months had passed, the attack on Fort Sumter was made; and this was immediately followed by a proclamation of the President of the United States, declaring that anl insurrection had taken place, which it was necessary to suppress by arms. Following that, a civil war of magnitude, which has astonished the world, in which both sections of this country arrayed themselves in full panoply, with all thie power- they possessed, raged for nearly five years. After two years of this war had passed, with varied success, in the month of September, 1862, Mr. Lincoln again published a proclamation, in which he annouinced to the people of the Southern States if they would lay down their arms, return to their allegiance, and submit to the laws, they would be received, with their rights in slavery untouched, but if they persisted in rebellion, and refused to accept the proposition to return, he would, on the 1st day of January, 1863, declare all tile slaves held in the States which he would then designate as in insurrection, to be free. This proclamation of warning was disregarded by the Southern people. They had assumed an attitude before the world as an independent nation, (which attitude they intended to maintain by force of arms.) They defied the proclamnation, disregarded the warning, and continued the war. On the 1st of JanuRry, 1863, the emancipation proclamation was issued, in which the President declared that by virtue of the warmaking power, and for the purpose of putting down the insurrection, all slaves in the possession of parties in the States in rebellion, (in which number the State of Mississippi was included,) were then, thenceforward and forever, free. The shock of arms continued-two more years of desolating war passed by-the armies of the Southern people, by battle, by sickness, by desertion, and by other causes over which they had no control, were almost destroyed. The armies of the United States penetrated into the interior of every State they invaded and took possession of the States of Mississippi, of Louisiana, of Georgia, of South Carolina, and of Alabama; everywhere the armies of the Federal Governlmelnt were triumphant; the flag of the Union was carried forward, and the banners of the Confederate States was lowered before it. Things were in this attitude when the assault was -made upon Petersburg by General Grant. At that-timne General Lee, the bravest, most cautious, prudent and skillful Commander that the Southern States had produced, was ellntrenched within the walls of Petersburg and Richmond, with a handful of men, not exceeding 30,000 in all. Opposed to him were the mighty hosts under Gen. Grant, of from 150, / 143

PROCL1l'I)IN(GS ANI) E)BI,'ATES i'. P;TlLE 000 to 175,000 men. A few (lays of contest ensuted, and thle brate and gallant, but weak I)and under Lee, wvas ob)liged to yield, and did yield, as prisoners of war., to the United States. The a'miies of the lUnite(l Stattes took possession' of the State of Virgilia, from which thee- had b)een hel,d b)y- the op posing' armyv of Gen. Lee. Abouit the same time, General Johnston, with an army not exceeding 9),0()00, encountered the hosts under Sherman, 75),000 to 100,000 strono-g; and un able to resist this -force, the gallaiit a.ed sagacio'is Johnston, pronouncing it to be murder to (continuel the strluggle anyr longer, proposedl: -a rmistice, in wlhiclh could b)e settled the terms of a general peace. That arministice wlas g(-reed ulpon, and a Convention made betwee-i the paities. Amonlr other articles, was a stipulation lea-ino in albeyiance the questions arising under the emancipation rociam-to'1s, lntil they eould( be decided by the Supremie( Co)urt of th-e United States. When that Conventionll, thuls'Jg-reedl u)oi, was presented to the Government of the Uited States, it w-,s reijected in scorn ~rejected iI sllh ai1 ane ]'i sctast( an iillstati()l for the time upon the iite,rity- of thle coimnitdlde Ier laid niegotia ted it on the part of the United States. A:g the princi pal reasous given for the rejection, -was that it onutained a clause which to some extent initimated a recog(nitionl of the existence of slavery, and left, as a future cause of contest and discussion, that question befoire the (cor1ts, whichl the Governimenet insisted had beeni settled b)y tlie iar. The chief cause of its rejection, was the clause to h'axe adjudicated, (as may colleague proposes,) by the Suipreme Couirt of the United States, the questioni of the legality an(l constitutionality of the President's proclamations. A fewr weeks after the sutirreinder of Johnston, the army of the Mississippi, utnder the command of General Taylor, some 15,000 or 20,000 men, yielded to al)ont five times the number lndler Gen. Canby. The arms of the United States were everywhere triumphant; no arme d forcc wn where this side of the Mississippi river, was then opposed to them, and unresisted; the Government of the United States eniforced the procilamations and the laws of Congress declaring the slaves f'ee. DI)oes any sane man suppose that, after such a war; after an expenditure of three thousand millions of dollars, and a sacrifice of nearly -500,000 men, the United States will recede from a position, deliberately taken before the world, a,nd a',-in lput in issue the very question which produced the war? Immediately after the surrender of Gen. Taylor, the Legislature of Mississippi was assembled upon the call of the Governor, and among other things, passed an act calling a Convention to take into consideration the proper mnanner of 144

MISS SI5PPlI CONST1TiTr)ONAL CCNVENTIO()N. restoring the relations which formerl- existed between the State and the United States. It also piovided for the appointment of Commissioners to Washington for the purpose of conferring with the President touching tihe existiong relations between them. At the very time Mississipp)i was attempting to act through a Legislature, elected after the ordinance of secession, an order passed over the wires from Washington, directing Gen. Canby to disperse the Legislature, and if an2 resistance was made, to arrest and imprisocl the members who might resist. But before the order was receivedl, the Legislature had adjourned. On the next day, Gov. Clarke. was notified that the President of the United States did not recognize the organization of the State government made since 1861; that he didl'not recognize the validity of any official acts, nor the rightfu1 authority of any party pretending to hold and exercise an office under such pretended government; and a demand was macde upoln himn to surrender the public archives and property of every kind belonging to the State. That surrender took place in this Capital, in the presence of a number of gentlemen, and was made to the armies of the United States, and Mississippi was left without an Executive-without -a Judiciary-without civil government of any kind-governced alone by martial law, entirely prostrate and powerless, if willilng to resist. Before this surreender, Gov. Clarke had appointed commissioners to proceed to Washington to confer with the President. After the surrender, and on the notification that all official acts of the authorities of the State would be disregarded, the Governor wrote a private letter requesting the gentlemen he had appointed, to proceed to Washington, and if not received in an official capacity, a,s he supposed they would not be, to represent, as citizens o) the State of Mississippi, having the confidence of the Executive and Legislature, as it existed before the surrender, the condition of the people; their wants and requirements; and to urge upon the President the adoption of such measures as might restore civil order, and give peace, hliarm-ony and repose to our distracted country. In connection with the p)resent dlistilnguisihedcl Provisional Governior of this State, I had the lhonor to be appointed one of those commissioners. We proceeded to Washington, notified the Presidlent of our arrival, and the purpose for which we were there, and solicited an interview. It was readily giv-en. The next d(lay was appointed for our audience, and we met the President. We were met by him, I may state to this Convention, with great cordiality. We were met kindly; we were met in that spirit of kindness and courtesv which we felt and believed the Executive of the United States, notwithstanding the four years of war which had passed, entertained and felt 145

PROCEEDINGS AND DEBATES IN THE towards the people of the Southern States. We represented to him the conditioni of our country that civil law had been abolisherd-that anarchy reigned throughout our land-that martial law, admninistered by Provost Marshals, throughout the country was dominant-that our people were worn outthat our land had been desolated, and our homes destroyed, and many of our people in actual destitution-that our civil rights were gone —and we asked that such steps might be taken as would again restore us to our originalsrelations with the Federal Gevernment —as would give peace and repose to our people, and restore the reign of civil law. The President desired to know by what scheme we proposed to obtain these blessings. It was suggested to him if we were allowed to designate the plan, we would prefei that the Convention which the Legislature had called to assemble in the month of June, might be permitted to assemble and proceed to the reorganization of the State, and to restore the relations which existed between it and the Federal Government. Upon this suggestion being made, the President remarked that that matter had been fully considered and finally decided, and under no circumstances could the Executive of the Government of the United States recognize, in any way, or for any purpose, the acts or the officers of the'States during the period they were in rebellion to the United States. He then desired to know if we had read his proclamation in reference to the State of North Carolina, and the proposition which he there made for restoring civil government and constitutional law in that State. We had done so; we anticipated that a proposition of that kind would be tendered to our people, and we informed him that we had read and considered it, and that next to the course proposed by our own Legislature, We believed it would be more acceptable to the people than any other scheme that could be devised. We assured him, as I believed then, and as I believe the fact is nlow, that our people were desirous of being speedily restored to their constitutional rights under the government. and that in good faith they acquiesced in the result produced by the shock of arms -that in good faith they intended to abide by and support the Constitution and laws of the United States, and in the futture conduct themselves as loyal citizens. The President then stated there was one thing which the Southern people mnust understand: that they must accept the condition of things produced by the war that they must look upon and consider the institution of slavery as ended forever-that this would be a sine qua non in the establishment of civil government. He then said: "In the proposed Convention to alter and change the- Constitution, so as to restore your State to its relations with the Federal Government, there ought to be in 14.6

MiISSISSIPPI CONSTITUTIONAL CONVENTION. corporated an amendment abolishing the institution of slavery." There was no order-there was no dictation, that we should do this, but there was a distinct admonition that ulnless it was so done, so far as the Executive was concerned, he would not consent to the restoration of our memnbers ill Congress, and that we could not obtain the strength of the administration in support of our restoration; and we well knew that without the strength of that right arm, we would be totally powerless to resist the overwhelming tide of radical fanaticism which at that time was clamoring, not for the abolition of slavery, but for universal suffrage and the social equality of the negro. At a subsequent period, the Presiident of the United States, in conference with the delegates from South Carolina, used this language, which I beg to present for the consideration of this Convention: "Slavery is gone as an institution; the people of South Carolina could not be admitted into the Senate, or House of Representatives until they have afforded evidence by their conduct of this truth. They must have a Convention, and amend the Constitution, by abolishing slavery, and this must be done in good faith." Similar announcements seem to have been made to every delegation, and every Provisional Governor, inl the proclamations they have issued have announced, distinctly and emphatically,'the fact, that slavery, as an institutionl, has been enlded; that slavery as an institution, cannot exist within these States; that the Conventions, which would assemble for the purpose of amending the Constitution, must incorporate, within them, a clause to that effect, if they desired restoration to their original rights under the Constitution of the United States. It has thus been proclaimed by the Governors' of the States of Alabama, Georgia, Texas, South Carolina and North- Carolina. Now, what does all this mean? It is suggested by may colleague, that the President has no fixed policy on the subject, or does not speak plainly and distinctly, what that policy is. Surely, such an idea, under such circumstances, cannot be entertained for an instant, by any man who will look the facts in the face, and not shut his eyes to the light of the sun. If it be not the fixed purpose of the President, to insist upon a change in our Constitution and laws, recognizing existing facts, and declaring that slavery shall not hereafter exist, why assemble a Convention at all'? Unless such was his purpose-instead of a Conlvention, to alter or amend the Constitution,'it would have been far more simple and easy-to have ordered the Provisional Governolr, forthwith to hold an election, under the Constitution, as it existed, before secession to fill all the offices of the State under that Constitutionl, and to elect delegates to Congress by the laws, as they then stood. Why did he not take that / 147

P(_48,i',;1)I(XGS A_.N) )Ii,I.'IATi ] i.~ T}'f cOuIrse It would iave been eiaier. i'l, 111)l1 (-iciter and speedier wa.y of obtaining -t(lmissioi into Coingress, and the restoriatlon of the State authorities. tiiless the re was some thing, whicheI in the opinion of1 l the 1 residenit, rndelreied impera tive,'tand de1mandled on his part, the adoptionl of the present. plam? If it was not intended by hirii that e shouild alter and amlend thle Conlstitution, so as to secure fireedom not to the vwhite mal-.-,for he has always:ad it; but freedom for the black, hlie would have prov ided for the restoration of the State Governmnent, by directing that the Provisional Governor should issue writs of election, and organize the State, under the old (,onstitution, without delay. But the Presidenit did not take that coui rse- lihe could. not take it -ifhe had dtesired to do so. lIe w1as powerless to take it. Everywhere-friom the time I reached Cairo, until my retiurn —icand I made it my business, to ascertain as far as I could, public sentiment on that qucestion-and found a fixed, universal, and without an exception, the mind of every man, dletericiied 1upo)0 one thini-g: that the abolitionii of slavery had been settled by the result of the war-iin the lanoguage of the Presildenit, "it had been rubbed out by the friction of war." - There were no two parties on that cqnestiou —there w-as not a single utterance, adverse to that view; but I did find, Mr. Presidenit, that there were two parties at the -North, parties (organized, niot in reference to the institution of slavery. but in reference the position which the Southern States should lave iunder the Government of the United States, and in reference to the peace which the inegro shouild hold under the Constituttionl and laws. Upon this question, two parties were atrrayed, and were preparing for the struggle, which is now imminenit. Upon one side, the Chief Justice of the United States-stisupported by all the ultra Radicals-thougli I do not believe anything like a imajority of the people-but strong in ilinumbers —powertul in intellect and v igorous in prosecuting every plan which their fanaticism, ol their opinions of right and Constittitional law suggest to their fertile and scheming brains. That party insists that the Southein people, having withdr:awn friom the Government of the United States, by an act of secession-which although unconstitutional and void as to the Government, have estopped themselves, from insisting upon a return to the Government as States, except upon such terms as may be accorded to themi by the parties who have triumphed in this contest. They insist, that for a period of time, indefinite in its length, the Southern States shall be kept in territorial organization —thlat they shall remain under martial law-that they shall remain under the control of the Federal Government and Federal bayonets, until the scheme of .universal suffrage, which those gentlemen have spruing upon f 148

'SI TII''I C(OSITITUTI()AiJ ( )N V ENTi N. the count shal l hav-e rii)enedl into )rieti(;l' tlsen l]avilg thus carri ed[ into effect the scheme, tlmy mi ll e 1 (l it. nen tion ill tie States, to be ass(lenle( —a (o:()1,izti()] (of State autliority take place, auid a rett,in 1as Sta ttes into tl,e Uiioni; but not -is P'resideint Johllsoni proposes we shall inoIn return but with miembers of Congress, composed of white and black delegates, with equal suffrage with equal civil rights-with equal political rights —with equal social standing onl the part of the negro. That is their platfo_Vn, and their fixed determuination is —if they have power, t-o carry it into effect. On the other hand, the President, has taken ground in behalf of tihle rights of the people. not only of the South, but of all of the States, on this question. In the proclamation organizing this Convention, he has distinctly announced what are the views which he entertains on this vital subject. He says that, this Convention, when convened, or the Legislature that mAay hereafter assemble, will prescribe the qualifications of electors, and the eligibility of persons, who hold office under the Constitution and laws of the State-a power the people of the several States, composing the Federal Union have rightfully exercised from the orgin of the Government to the present time." There is the States Rights doctrine of the President-there is the proposition he has made to usand it is under that proposition and for the purpose of carrying it into effect, we are here assembled-to amluend our Constitution, in such a manner as will evince that we accept the policy of the Government, on the question of slavery but at the same time, we may, for ourselves, determine who shall be electors, and their qualifications, and who shall be eligible to hold offices in this State, and under the Federal Government, Standing by and supporting the President, in this view, is a large Conservative party at the North, composed both of Democrats and Repnblicans. This party is sustained by the principal leaders of the armies of the United States. Gen. Sherman has distinctly announced, that he sustains the President; Gen. Blair has made the same ainnouncemient; and Gen. LoganI, probably the only civilian who has taken high rank as a commander in the army, has announced the same. Gen. Cox, nominated by the Republicans for Governor of Ohio, has declared himself in favor of the same policy. Everywhere on that proposition, we have friends, that may be counted by hundreds, and by thousands, and I firmly believe there is a a large majority, sustaining the President, in the views and policy which he has inaugurated. But we have no friendswe have no partizan we have no individual, who can raise his voice, or will raise his voice in our favor, unless we yield to the inevitable result which the last four years has produced 149

PROCEEDINGS AND DEBATES IN THE — unless we accord with the President, and give him sympathy, support and assistance, in the policy which he has shaped out for the Government, and restoration of the Southern States. But gentlemen shut their eyes to the actual facts. I listened with astonishment-I might almost say, wifli amazement, to the remarks ofmyy worthy and intelligent c1lteague, (Mr. Potter,) this morning, on the question before the Convention. Really, if I had not known the circumstances under which we are assembled, I would have forgotten that we had passed through four years of war; would have forgotten that we had been compelled to yield, after a contest of a gigantic character. every position, which we had taken, and that we were not now -as the fact is-under the absolute military control Of the Government of the United States. It is not worth while to disguise this fact. It stares us in the face wherever we go, and is palpable to the vision of every man.; we see it, we feel it-we cannot close our eyes if we would, to the positive, unquestioned, and though it lmay be, unpalatable, still overwhelming fact, that we are under the control of the Government of the United States. But, says the gentleman: "'slavery has not been abolished practically, and the President knows that, when he calls upon us for a change in our Constitution," MR. POTTER.-I said slavery had not been abolished by the Proclamation." MnIR. YERGER.- WVell, "slavery has not been abolishedby the proclamatiol," though that was not the expression used. But has it not been abolished by the proclamation or somethinlg else? Does it now, in fact, exist here? When we enteredcl this Capitol, for the purpose of carrying on this discussion, we entered the gates, before which armed sentinels were pacing their daily march; and unless the President of the United States, -had accorded to us the privilege'of entering, we could not have done so. Where have we civil courts and civil laws, throughout the length and breadth of this State? Where is the right of trial by jurv? Where the writ of habeas corpus? In the organization of the Freedmen's Bureau, to which the gentlemen has referred, it has been declared that in anly controversy which takes place between thie negro and thie white man, so long as bv the laws of the State, the testimony of the negro is not adlmitted, that controversy shall be detei'minednot by the laws of the State of Mississippi not by the civil law of the land —not by trial by jury-but by a military commission, proceeding according to military law, if a criminal case, and by the officers of the freedmen's bureau, a question of civil right. A few weeks ago, a citizen of the State of Mississippi, was arrested in Washiington county, and brought to Vicksburg, charged with having killed a negro. Judge Sharkey, Provisional Governor of the State, issued a writ of habeas 150

MIISSISSIPPI CONSTITUTIONAL CONVENTION. corpus, against the officer having him in charge. The officer refused to surrender him; he did more-he arrested the Judge who issued the writ, for doing so. An appeal was made to the President of the United States, and the response was that the Government of the State at present, is provisional only; that the arms of the United States cannot be withdrawn-military law could not cease, until the State of Mississippi establisbed a form of Government, restoring her to the Federal Union, in a manner approved by Congress. In the month of September, 1862, the President of the United States proclaimed that an insurrection existed-thiat it existed in the State of Mississippi, and he declared martial law throughout the length and breadth of the United States; and that all persons engaged in aiding, maintaining or carrying on that rebellion, should be tried by military tribunals. That proclamnation of martial law has never been revoked; the declaration that the States were in insurrection, has never yet been recalled; and so far as the political power of the Government of the Unitedl States is concerned, they hold that the States are still in insurrection. They are so treated-and held; not only in theory, but held practically as States in insurrection. It is true, the armies of the Southern States were overcome-the capacity of the Southern States, to resist was crushed —so far as physical power and resistance were concerned; but it is also true, that the proclamation, that they were in insurrection, has never yet been recalled. It is true we have not yet been restored to our former relations to the Federal Government, and it is also true, that we will not be restored, until, in the lauguage of President Johnson to the South Carolina delegation, "we have given evidence, by incorporating in our Con stitution, an amendment, abolishing the institution of slavery, and which amendment we must make in good faith." Why has the President so declared? Not that he needed our agenecy in abolishing the institution of slavery. That institution has been destroyed-whether by the President's proclamnation, by the friction of war, or in consequence of the acts of the Southi ern people-it is needless and unnecessary to inquire. It has been destroyed. The gentlemen say that the slaves which are in the State of Mississippi, have been set free-that as to them, slavery has been abolished —but that we have a right to go to Kentuicky, and buy, and bring' slaves into the State of Mississippii, and hold them here as slaves. It is precisely because the President of the United States believed those opinions were entertained by many of the Southern people, perhaps by the majority of the Southern people-because he feared there was no cordial acquiescence in the result which had been produced by arms -because he apprehended there would be a demand further to / 151.

5-~ r- ~ - -. ~ M A CD C~~~ D C- C D C D CDC

MISSISSIPPI CONSTII'UTi)NAL, CONVENTION. \ mpriactica)le in tlieir naitilre, aii(l caleculated only- to (lo miis —i chief; aid wlicli must, if caried iito effect, keel) this State as it now is. in inistireection agoaiiist the Governiiineut of the United States -keep this State is it now is, tiaer the (ldomi — ioIn anilI conlitiol of thie Federal b)ayvonet, in the lhands of the negro-keep this State, as it iow is, (delp)rived of thle -writ of habeas eorpus-keep) this State, as it now is, deprived ot tlhe trial by jury, in a ll ontro-ersies I)etvweCm the whlite innn'r(e the negro, withl our people, sul)ject to military trilb)uials, l)roceding b)y dieiT elis fos, oanl o (liffelrent J)liniples, thlal they have beeiin eceusten( to in the past. If the i)stitutoi-o of slavei- is ended practically, wi njot s,o declare- it? Is there any- Naiit of diognity in maliiin tihe declarittioi rel the f(t exists? Is there ainy w anit of imanhood in yieldino to an inev itaable necessity?, whicih w e h ve 1( power to resist? When Gen. Lee suirri(nlenerl the ally that, hadl conifionted the forces of the United States for foi i y-ears, and yielded it at last as p)isoneis of war, thinik voti tlhei.e wa, any want of manhood iii acknow-lelgiLng) the fact tllhat hle liad been overcome h:)y forCe tlat li]t viel(leI to arms and to iincontrola)le )powver, wlich had prostrated himi and his soldiers'? Gentlemen who are so tender of the dignity of the State; tellnder of the mianhood( of the State, hlave wallked up quietly for the p)ilipose of pioteeting either their persons or l)roperty, and have taken the anmiesty oath prescribed by the President of the United States, w-hichl oath requires that they slhall not only uplhold aid maintain thle Constitution of the iUnited States, but uphold and defend the proclamations of the President of the Unitl States relative to the abolition of slavery. They have taken that oath, at the same timue declariino that they believe those proclamations and the oath to uphold them, to be unconstitutional. I conceive that there is as little dignity and manhood in taking aii oath to support a proclamation which is believed to he unconstitutional, and whichll is taken to protect our person and property, as there can possibly be in endeavoring to shape the course of the government anct legislation in this country in a direction that would teind to rehlieve our people from some of the ills which unwise counsels and untoward fate have brought upon them. In reference to this question of insurrection, and our position under it, I will read a General Order which was made on the 25th of July, at Washington, and issued at Vicksburg on the 15thl of this month. Certain citizens of Mississippi had committed alleged acts of violence against negroes, and were arrested by the Federal military authorities. They claimed the privilege of being tried by the laws of the State, and it was referredto Washington to determine what should be done. The order reads as follows: 153 ,'k.

PROCEEDINGS AND DEBATES IN THE HEADQUARTERS DEPARTMENT OF MISSISSIPPI, Vicksburg, Miss., Aug. 15, 1865. The following endorsement on a communication, regarding jurisdiction of Military Courts in certain cases, which was addressed to the Assistant Judge Advocate General, and by him referred to the Judge Advocate General of the Army, and which is approved by the Secretary of War, is published for the information of all concerned: WAR DEPARTMENT, BUREAU OF MILITARY JUSTICE, July 25th, 1865. Respectfully returned to Colonel W. M. Dunn, Assistant Judge Advocate General. The trials by Military Commission of the within named citizens of Mississippi, (Cooper, Downing, and Saunders,) charged with capital and other gross assaults upon colored soldiers of our army, (and in one instance of similar treatment of a colored female,) should be at once proceeded with; and all like cases of crime in that locality should be promptly and vigorously prosecuted. That the President has accorded a provisional government to the State of Mississippi, is a fact which should not be allowed to abridge or injudiciously affect the jurisdiction heretofore properly assumed by military courts in that region during the war. And especially is the continued exercise of that jurisdiction called for, in cases-lst, of wrong or injury done by citizens to soldiers, (whether white or black;) and, 2d, of assault or abuse of colored citizens generally; where, indeed, the local tribunals are either unwilling (by reason of the defective machinery, or because of some State law declaring colored persons incompetent as witnesses,) to do full justice, or properly punish the offenders. The State of Mississippi, in common with other insurgent States, is still in the occupation of our forces, and embra ced as it is in a military departmentis still to a very considerable extent, under the control of the military authorities. MIoreover, the rebellion, though physically crushed has not been officially announced or treated either directly or indirectly, as a thing of the past: the suspension of the habeas corpus has not been terminated, nor has military law ceased to be enforced, in proper cases, through the agency of military courts and military commanders, in all parts of the country. It is to be added that the charges against the within named parties have been examined, and found to be generally substantialiy correct in form. A few changes only in the allega 154 GENrl,][ZAL ORDERS, -LNo. 1 8.

MISSISSIPPI CONbsYUTIONAL CONVENTION. tions have been voted as proper to be made before these .harges are served upon the accused. [Signed] A. A. HOSMER, Major and Judge Advocate, (in thec absence of the Judqe Advocate GCeneral.) \pproved: E. -A.'STANTON, -Secreta,r?y of WEar. July 27th, 1865. BY ORDER OF MAJOR G-ENFRAL SLOCUM: J. WARREN MILLER, Assistant Adjutant General. It will thus be seen, Mr President, that although we axe here assembled for the purpose of reorganizing our State government, with a view of restoration to our position as members of the government of the United States, we are still looked upon and treated as States in insurrection, and with military law over us, and that condition of things is as certain to remain and continue as we continue and remain determined to refuse the proposition made to us by the President, so t:change and alter our organic law as to accord with existing facts. But, saygentlemen, we admit that the proclamation of the President declaring the emancipation of slaves as a war measure, was constitutional, and the delegate from Yazoo, (Mr. Hudson,) remarked that as to the sIaves actually captured after this proclamation, they were actually and legally free; but as to the slaves not captured, they were not free. If the first proposition is true that the emancipation proclamation as a war measure is valid, that the slaves captured became'sfree, then I tell him that they are all free, for tur~~c.. ecam el, en- for~.. al l have been capturedby the arms of the United States. When General Lee, General Johnston, and General Taylor, surrendered; when Kirby Smith surrendered, the armies of the United States took absolute possession of the insurrectionary States, and now hold that possession, with no force to oppose them. Though they may not have taken the actual, they have obtained potential possession of all the slaves; though they may not have tangible possession, they have capacity and power:totake them whenever they please. If, therefore, the proposition be true that the slaves were eman cipated when captured, all are eman cipated, because all are in the actual or potential possession of the government. Bat as I eemarked before, the question whether they were set-free by the proclamation, whether emancipated by capture, Ar set free by' the result of war, as the President of the, United :Stat~S has said, need not be discussed; because alladmit that they're free in fact. Can you institute an action of replevini for th e recovery of your slave? Let any gentleman utnder 11 is-i

'6PR(OC'EEJYINGS ANI).I)EI 1ATI'IS'. IN Il' take it who wish to try conclusions of power with the lUnited States. Can you maintain. writ of h]abeas co7)Us for the re turn of your slave? Ma1ike the attempt, and see how ftitile it would be. Have you anyi control or dominiion over your slaves, except as is accorded to you by free contract, either expressed or implied under the laws of the United States? Do they not go where they please unitrammelled aild unfetter ed? Do they not, if they desire it, take an appeal to the military tribunals of the United States for redress against their former master or owner, if he assaults. strikes or maltreats them? Have you any power to resist this? Have they not every right of person in this State which belongs to any citi zen of this coulntry? Are they not free to go, and free to come? Have you dominion or control over them? If so, how will you assert it? I know of but one way in which it can be asserted. If you possess the physical power and the will, you may recapture and restore the dominion you once had; but unless gentlemein are readv and willing to try the conclusion of arms again-unless they say to the people of this State: "We are ready to place ourselves at the head of -armed bands in this State, and do battle in behalf of the in stitution of slavery"-uunless they are prepared for this alter native today, they counsel unwisely when they do not coun sel acquiescence and submission to a force they have no pow er and are unwilling to resist. No good can be obtained by the further agitation of this question. What the people want is quiet and repose; what they need, is the re-establishment of a practical and just system of labor-just both to the white man and the black which will insure to capital a fair remumuneration, and to labor a just reward. They want peace and quiet; they want such an organization of the State gov-' eniment as will enable them to control the labor which is- still in the country, and by wise and prudent counsels; byhonestly and fairly dealiig with the government of the United States, and witth the negro, thev can obtain this direction and control. Mr. President, although the institution of slavery has been abolished, although as a system giving the right to control property in man, it has ceased to exist, the labor is still here upon our soil, and by just legislation and fair dealing, may be so directed as to enable the people of the South to regain a great degree of their former prosperity. Although this war has produced many and great evils, and in my humble judgment, the abolition of slavery, and particularly its abolition so suddenly, has worked great injury and brought unnecessary suffering upon our country, yet to a reflecting and right thinking mind, the state of things is not without some compensation. The results of the last foursyears have demon 1'6.6

c1flSSSSIPPI CONSTITUTIONAL CONVENTION'. etrated beyond all questioni, that iii a military point of view, and as a political institution, slavery is a source of positive weakness. When the Southern States were invaded by anll army proclaiming freedom to the slaves, that army obtained not merely iegative, but positive power, witll vlwhichl to en foree the declaration and conduct the war. It has thus been shown that the institution was a source of weakness to the S tate and placed the country, wlihen invaded(l, in a greatt de gree, at the mnercy of the invader. This fact was recognized by the Congress of the Confederate States, which at the last sssion were prepared to declare, cad probably (lid pass laws declaring the emancipation of slaves upon condition of service in the army. Wh-at did tlhis say to thle civilized world? That this institution, to whicli we have heretofore clunlg so tenaciously, has failed in the hour of trial. It was also a declaration that in the opinioln of the Confederate Congress, there were some things better than slavery; that in the opinion of that Congcre1ss, the independence of the Soutlherni States was better. So, too, I think, there are things better than the institution of slavery; though, as a slave-holder ii the past, and having invested in it the earnings of twentveight years of toil, I would have done all I could to uphlold and maintain it when attaekecl. Still there are some thingcis of far greater value: civil libeit. is })etter tliaii the institution of slav-ery- )olitical lil)ert- is le(tter: tlh(, 1i'ht of trial l)y jt.r-; the writ of Iabeas coip'tts,' tlhe p)olitical suprenla(sey o1' the whiteman over the negro; iall these arec })bettelra tha e iiistitution of slavery. There are many tliiiiogs lwhichl we could uot sacrifice for it; and yet, these things, dearl to all of us, important as they are in their character, and essential to our peace and prosperity, gentlemllen who ul)hold and sustain this substitute, and the different amendments nmade to the proposition introduced by the Coiimnittee, iare read(v to iel(-I-not for the institution of slavery, because they say tihat is gone, (lead, a thling of thle past, and cannot be revived but theyare( ready and willing to give them all up; to jeopardize them all; ini the ignis fatuus pursuit of a chimnerical right under the Congtitution of the United States, to test the validity of the President's Proclamation, and the laws Congress passed abolishing the institution of slavery in accordance -with it. Are these men practical? Do they present practical issues, by whose success the people can hope to live hereafter in peace and prosperity, occupying their former position as members of the Federal Government? Certainly such things are not believed by any one who looks at facts as they are-who does not shuft himself up in what ought to be and forget what act{ ally is.,' But again: As I said before, though slavery is gone, the 1

PROCEEDIN5S ANI) DEBkTES IN THEI negro is here, with his capacity for labor unimpaired. Wise legislation may organize that labor; wise legislation can organize that labor, and organize it upon a basis fair and just to the white man and the negro. The white man owns the land, the negro owns the labor; such an organization nmay be-mnade as will compensate the negro for his labor, a.rnd yield. to the white man a proper return for the use of the land. The State thus organized will not probably, as a State, be in a worse financial condition than before. In the year 1859 the State of~ Mississippi, by slave labori, produced 1,300,000 bales of cottoni, which brought in the market $45,000,000. I know that under any system of labor we will hereafter organize for many years such product cannot be returned. But as a diminution of the product will increase the value of the article produced, the amount of money brought into the country will be as great. Where we heretofore received ten cents per pound for cotton, we may receive 20, 30, or 40 cents, and thus be remunerated in price what we lose in product. If the State 0f Mlississippi raised only 300,000 bales, we could realize to-day $60,000,000-one third more than for the large crop) of 1859. Tie.re is another point of view at which this subject may be looked, which to some extent may modify the opinion of absoluite ruti in which we are too prone to indulge. By the ()organization of slave labor, the largest possible product of cotton was always made; and as aconsequence of over-production the price was depressed in the markets of the world; and thus the poor nman who raised cotton with his own hands, could only realize for the products of his labor, the depressed price cavused by a glut in the markets-the consequence of over.production. But when the quantity is reduced, a differcnt result follows. The man who produces cotton by his ,own labor, obtains an increased price, according to the diminished )roduct. As we see is the case at this time, the i)oor man who has raised by his own hands, four bales of cottoil in tlie year, instead of getting only ten cents per pound, as formerly, ca.n realize to-day 35 or 40 cents; and thus the yearly value of his toil, instead of $150 to $200, reaches $850 to $1000, nearly five times as much. Here, then, is solne compensation; for while the whole amount of money brougthit into the State in consequence of the increased'price will i10oJ be diminished by the lessened pr oduc.etion,;,l idlustrious poor man who raises cotton by his own hands will find in the increased price an increased reward for his toil and labor. But again: while we held negroes in slavery, we were not permitted representation on the floor of Congress for imore than three-fifths; now we get the representation of they, re 158

MISSISSIPPI CONSTITUTIONAL CCNVEITION. inaining two-fifths, and our political consideration and capacity is increased by that amount; and on the present ratio of representation, will be increased by fifteen to twenty additional members. Thus it will be seen, that there is no evit so great but it has some compensating advantage. Although the destruction. of this social institution at this time, so suddenly and rudely, has worked great hardship upon many individuals, and resulted in great pecuniary destitution, now that the loss has been sustained and cannot be helped, let us not sit down and repine over the inevit,blc past which we cannot ~control, but look in hope to the future, and to those things which may in some degree give comipensation for what we have lost. As mnen of sense, let us endeavor to remedy what we cannot alter, and gather together whatever nmay tend to palliate our misfoiLunies. Of all the industrial systems, that of slave labor was probably the most costly. Thlie man who owned ]and in this country, could not cultivate it unless he owned or actually bought for life the the labor which was necessary for the purpose of cultivation. If he wished to cultivate one hundred acres of land, he had to buy the.labor necessary to do it, at a cost of $1090 to $1500 for each laborer. The interest upon this money was never less than teni to twelve per cent; equtal to an iannual hire of 81!50 per year. Besides, he had( to fied,sid clothe, employ tlie physician, an(t lose the tiue in sickness; and if the slave died, hlie lost in aectual tcapital the value of the slave. I-le was in fact an insurer of the life and health of the slave. Now, every iman who has a hundred acres of land to cultivate, can go into the miarket f,r labor, and for an annual hire can cultivate his land without insuring the life or health of the laborer. Ile simply pays for the use of the labor during the year; and thus, by a small annual outlay, the land is cultivated, and the surlplus over that sum he puts into his pocket. Instead of using it as capital to buy hands, it is at his disposal to invest in railroads, internal improvements, insurance offices, )banks, &(. It is precisely this which has enabled the North to malke suachi progress in these things. They do not T)uy their labor in fee, but simply pay an annual hire for it. W1Ce l)urchased it; put our capital into labor, and had no money for any other purpose. Looking at it in this way, there i-s soin compensation in these things for what we have lost.!'ut -hile I thus look at the compensating facts in our (coldition, I ieverwould( Lave been willing, if it could have been avoided, to see s(o great an interference with our social relations as has taken place. For one, so far as the tunfortunate iieoro is eoincernied, I believe his situation was better i-ii thTe past tihan it- will be in the future. It protected hiim i sickness, sheltered him in 1bs old a e, and him proteetor alway s i teI ested il l 1 5 "I)

ln(tly senltinients of litulmanlqity d affection for tlie hoiise hold a hd iearth of the nan whlio sheltered and pioteted hinli. A1ll ov te o try, heree the airimies of the United States I.ve pene(tIate(l; wheit the imeit of the Sou-th were on the field of )battle; wheti the sons and fiters were withdrawn f]'om Itome, outr p)eo)le relied colnfi(leutly oil the lo-ya.lty an(id fidelity and kindness of their slaves. I-listor T does not show ini any wars whiieh have taken place for what is termed'"the f'edeliomi of mankind," a people who, while acceptiig the freeTom offered to them, have remained miore true iand loyal to their masters tlhan olur slaves have b)een to us. Is is at trib)ttte, just to them it is a tribute, jtist to us, because it has )rovedl, what we heretofore declared to the civil - ized(l world —that although our system of labor was called slavery —it was an institution, whichi' cuilti-atedl kindly affections i)etwveen tle master and slatve; and wi ich-l-while on the one )ptt it ex:cted obedience; at the same time, upon the otlier —demanded and gave protection. It has dcemonstrated to the world, that thouo-hl there miay Ial-. )(eel wrongs j)erpetrated'L und(ler it, as there have beeai wvrroo'l~s perpetrated under every industrial regulation which imiiperfe(t nman has made yet, ilnl its moral and social influences, it teli(le(l to cultivate kicnd feelin,gs on the part of the white ltla iain tle slt ve. It has slhown that the charges made against our people of IIlkillndness and inilhuman.ity were not founded in justice; and -had () Il)asis in truth. I t'hink at tihis time, there can be in the minds of the Convention 1o0 doubt, as to the policy we should adopt.' If we go to Watshlington with the substitute offered by the gentleman friom Yazoo, and announce that we have declared the institution of slavery abolished, on the conditions contained in that

MISSISSI[PI' CONITITUTi()NAL. CONVNENTION. substitute, we will certainly be told, "yvou assert that slavery s still an existing legal institutiolI, in vo01r State —yout thus show that you do not alCquiese inll the result of the war-but untend to wait, and sec if you cannot obtain some opportunity, :)y which that may be restored practically, whiclh you say is lot legally aixl constitutionally destroyed." The gentleman rom rIarshall, it seems to nme has put the question, in a ,shape, hat is logically irresistible to the mind of any man.The Government of the United States has not begged us to come back, and be rectorcd as co-equal members of the Goverument. They are not solicitiing our return; in fact there is -; large party who do not wish it aIt this time, and will if possi-J)le, prevelt it-do what we may. But from the proposition of the gentleman frniom Yazoo, it would seemi that the Governnent is a suppliant for our return-and not we asking to be restored to our ancient political position. If this substitute is adopted —a hue and cry will be imme-liately raised by the whole Northern press, that the Southern States are attempting to dictate the terms of their restoration to Cougress-that the prolud Southern people, who, for four y,eais carried on a war at the cost of mnany millions of money Aind hlundreds of thousands lives, are not -.et subduied, but (ome- with the laigitiage and air of conquerors, to dictate ;erms and conditions to the G woveriment, whose protection ihey forfeited, and wlhicie thley still defy. As a matter of -ourse there will be found no10 one having the hardihood to suistain tIS in this course. The Presidclent cannot do it, for he has inow to stand iup 40'ainst a clamor that is threatening to overwhelm him. The onservative people of the North cannot (lo it: they have as mI,uch as they can (do to withstand the tide of fanaticism, which is seeking to overwhelh us l)\ gi-in)g social equality aud siuffrag'e to the negro. In what way, then, are -we to ble tenetitted )y this substit,ulte? If; with the amendment to tlhe Constitution proposed b)y the Committee, we are not admiitted to representation in (onugress, it is positively certain we will not be if this substitute is'tdopted. Suppose admission is refused, when our members ) preseut the Constittution as amenided by the Corn mittee, we will a.t least have done all we can do for the restoration of peace tanid civil order, we will have shown to the onservative people of the North that we seek a restoration o-f the fratern:l relations which were severed by the war, and we will thus make friends who will come to our relief; the rejection of our members will b-e followed by an immedite reaction, that will force the party in power to grant us :fiose rights under the Constitution to which we are entitled-. Bult if we 1)resent the substitute and are rejected. as we most 161

'.lR()('IDING'Si A_N.I) DEBATiES IN THIE assuredly will be, our friends will be powerless to aid a defeated people who, it will be said, still defy the Government, and undertake to dictate the terms of restoration to political rights they have forfeited by rebeilion. This substitute is, in fact, an attempt to dictate to Congress, and if adopted, will betray a want of wisdom, which nro people so situated, hlave ever before exhibited. We are at this t4ime, utterly powerless. We meet here to-day, by th-e ic-leency of the President. Martial law exists, and is in eiforted througYliout the State. No civil courts are open-the right of triLal by jury does not exist -the writ of ha,beas corpus is suspelnded our former slaves are practically firee ad so- f,r froim being Lunder the control of their former masters are hadily subject to the control of the law; and yet, with these fct starin1ig US in the face gentlemen talk of the digmity of the State-and introduce propositions dictating terms to the Governm,ent, which we resisted four years withli arms —and so defyilng it, give color to the clamor raised against the Presldent, of acting with too much haste in his efforts to relieve us. It does seem to me, that there can be no doubt in the mind of any one, that thle substitutte should be rejected. But gentlemen talk atbout compensation for the slave. Who is to get compensation? How is compensation to be had?We cannot siue the U)nited Stattes in any Court; we can bring no action ag,ainst it, for any lost property, or other claim; all that can be done, if a manai is loyal, and has a claim of any kind against the Governmient-is to petition Congress to allow it. or bring it before what is called the Court of Claims, and if art adjudication is made in its favor. lie can then ask Congress for an appropriation. And this it may refuse, or not, as it pleases. We have no right that caa be executed by force, or process of law. If we have any right to compensation at all, that fact now exists as a fixed, distinct, positive right at this time, and the. proposition introduced by the committee, in no wy, shlape oI form, afiects it. The proposed amendment simply declares, that ill tlhe future, the institution of slavery shall not exist. But if it be destroyed ss the gentlemen say it has been, by the act of the United States-if the emancipation proclaminatioc has takanl it awayif the armies rubbed it out-if it has been taken by force, froni the people of the State, and they have a right to compensation, that right now exists, in full force. A man to-day, can urge his claim, and make it with equ-al success, after as before the amendment is adopted, because the right is a present existing one, and no aci.on -we can take, can impair it. I deem it proper to say however, that so far as the questioli of compensation is concerned, I do not believe the Govern 162

MiISSISSIPPI CONSTITUTIONAL CONVENTION. Irent of the United States will entertain it. I would not delude the people with the idea, that I believe that the Government will make general compensation for the slaves which have been taken or emancipated. Mr. Lincoln, in his proclamationi of December, 1863, deelared to the people of the Southern States, if they would return to their allegiance, and lay down their arms, he would ask Congress to make compensation. It is also said that when the Commissioners fromn the Confederate Government met him and Mlr. Seward, at Ilaraptoi Roads, he was then willing that compensation should be made. Pput these oflers were rejected, and the war was carried on, at a cost of two thousand millions of dollars, and tlhe lives of 250,000 or 300,000 soldiers. Does any man suppose that those who thus carried on this war, regar(lless of the offer of aumnesty, who refused to accept payment when it was tendered, will meet with any favor in preferring a claim to compensation. There is a class, who proba-,bly in the future, may receive ,ome compensation. The orphan, whose slave was takeli from hii, without any hostile action on his part —the widow, whose property was destroyed, without any participation oi. her part in the war-lthe lunatic, who was ignorant of what was being done; and those persons whom the United States miay deem loyal, if thliere be any such there is a possibility. that in the fitufree somne compensation may be made to these. Rut when will that comnpensation be made? It will not b( until the asperities of the war h-rve been smoothed downuntil the passions, whiclh foibur years of contest produced hav(, been quieted unnti. the malignant feelings, excited by it have been subdued -utntil an "era of good feeling" shiall return, ii which the Northernm and Southern gentlemen can stand together in the halls of Congress, legislating for a common country, a:nd a common destiny; and then an appeal may be made. "Now that this wvar is past-.now that we are again united — now that we are iii union, moving forward, and shoulder t(o shoulder, battling for the same Constitutional rights, ruited against the world, we appeal in the nanie of hiumanity-we appeal in the name of brotherly love —we appeal in the name of our commion aneestors, to make some comi)ensation to these innocenit parties for losses sustained in a war which they had no agency in biingiing on; losses entailed upon them, by tihe misguided zeal of brothers and friends, who have paid a terrible penalty, for their action; and who claim no compensation at our hands, for losses irising froa,n their deliberate but misguided conduct." I have thus attempted to present my views, in support of the amendment, offered by the Committee. I have wearied th.e Convenltion longer than I ought, and have iiot presented tUem. in thae lea a:,.': pi r i.:,',,.n that thev )ppear to I C) 3

Lt ~ ~ ~ ~ ~ ~ tt ~ --

_M ISSI:'> I (' C0'N'T' I( T f 10 A ( (CN V ENT I'()N (Con1ll)to1ll, Coo}eI' ofJ tla,:i1., Coo()er, (of lPanola, C(rawfor(dC, .Cr1lun), (Cmtnmnings, I)avis D)ocri's, Dow(, t)D1ei1'm. l'arley, (Taither, (,)owan, (Goo(1(. (TGrif i G y Il, Hlvar e. Ha!arr-oin, lai(l), lIeiingw:vy. [Till, lorne. o, I IIoston. urst, Jarfna;-'in, Johatnson, of CioCtaw, Jolinsol, of SmIith, Jones, Kennetv, KiL)g, LalTi)din, Lewers, Lewis, Linidsey, Loper, Martin, of Adlams, Martin, of Sunflowver, Matthews, Montgoi6mery, aL.ysoii, McBride, Milorphis, Niles, Owen, of Tunica, Owens, of Scott, Peyton, Phipps, Pressley, Quin, Rives, Rushing, Sanders, of Attala, Simonton, Slover, Sparkmain, Stanley, Stone, Stricklii), Tate, Trotter, Wade, Wallace, Wall, Watsoa, Webb, White, Wier, Wooley, Woodward, Wylie, and Yerger, Johnston, of Hindcls, Johnson, of Marshlall.-87. N,x,s. —Iessrs. Franklin, Hudson, Malone, Marshall, Ma — Ty, Potter, Reid, Reynolds, Sandei's, of DeSoto, Swett, and Wilson- 11. The following, is the section as adopted: The institution of slavery having been degtroyed in the State of Mississippi, neither slavery nor involuntary servitude, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted, shall hereafter exist in this State; and the Legislature, at its next session, and thereafter, as the public welfare may require, shall provide by law for the protection and security of the person and property of the freedmen of the State, and guard them and the State against any evils that may arise friom thleir sudden emancipation. on motion of Ar. McBride, The Convention adcjoiurned until 4 o'clock. P M. COUPR O0 CLOCK, IP. M1. The Convention met ptursiant to adjournient and piro(ceeded to the consideration of the regular order, to-wit: The third section of the majority report of the committe on State Constitution, which is as follows: Third-That the twelfthi section of the Declaration of Rights, be amenided by the insertion of the following proviso, to-wit: Provided(, That the Legislature in cases not capital, and of misdemeanors, may dispense with an inquest by a grand jury, a.tnd may authorize proceedings by information or otherwise, aind the proceedings, in such cases, shall be regulated by law, and be had in such courts as the Legislature may direct. Mr. Harrison, of LownIdes, offered the following( suibstitute for the proviso): t-65

i'L,)CE,EDING(S ANl) i)EB3A'ES IN TIE Provi(ded, That the Legislature, in cases of petit larceny, assault, assault and battery, affray, riot, unlawful assembly, drunkeness, vagrancy, and other misdemeanors of like charactar, may dispease with an inquest of a grand jury, and may authorize prosecutions before justices of -the peace, or such other inferior court, or courts, as may be established by the Legislature; and the proceeeings, in such cases shall b( regulated by law. On motion of MIr. Yerger, of Hinds, The substitute wvas adopted. On mnotion of Mr. Harrison, of Lowndes, The fourtA section of the repo-et of the committee was stricken out. The Convention then iroecce)ed to tihe consideration of the ordinance reported by said Commiittee, providing for an election for State officers, representatives in Congress, members of the Legislature, and all couny, district, judicial and ministerial officers, according to tie Constitution and election laws of the State as they existed cin tie first day of January, 1:861. The ordinance having been ied,a ir. Hudson, of Yazoo, cailk(1d up a amendmen-t to tlhe same, which was submitted by hin on Thursday last, providing that certain judicial and otier officers b)e reinstated and restored to their several offices and positions for the unexpired termis for which they were elected, as follows, to-wit Be it ordacred by the loyal people of the State of AMississlppi in Coivention asseni)led. 1st. 1That the High Cou-rt -lof Errors atid Appeals of this State, the several Circuit anld Chancery Courts of this State, the Criminal Court of Warren county, thie office of Attorney General of this State, the office of District Attorney of the several judicial districts and criminal courts of this State, the office of clerk of the several Circuit and Crimninal Courts of this State, and all count;y oficers known to the Conlstitutioll and laws of this State on and before the 6thl day of January, 1861, be, and the sam-re atre hereby revived, re-established and declared to be in existence, full force and operation, and that the several I)ers,)ns elected to said offies by the people at the last election th(refo, ii this State, alnd holdiing said offices at the time of,he suspeinsioni of their functions and powers, in Amy, 186S-1 be, a nd they are hereby reinstated, restored and elected to their saitd sevdral offices and positions, upon their respeetively taking the amiunesty oathl, if not already taken, and the proper oathi of office, and giving liew bond and security, to be taken. conditioned and approved accordingo to law, in the ease of bonided officers, for and until the end of the unexpired term,in for which thevy were severally 1 6

MISSISSIPPI CONSrTITUTIONAL C )NVENTION. elected: Provided, That any such office now filled andli held by any oppointee of Governor W. L. Sharkey, shall be held and filled by such appointee for the unexpired term of said office; and in case any of said offices are or may become vacant by the death, removal, resignation, refusal to qualify or act, or other legal cause, such vacancy shall be filled, in cases of district and State offices, by executive appointment, and in case o)f county officers, by election according to existing laws in such cases, for the unexpired term thereof. MR. HunsoN, of Yazoo-A{r. President:-The condition of the country demands that the officers specified should bo restored to their offices. In order that the ground I take in this matter, may not be considered improper on my pait, I desire to say, that in the event of the passage of this act, I shall certainlyresign the position which I have heretofore held. The condition of the country is such that the exercise of Judicial power, is now indispensably necessary, at the earliest moment that it can be brought into operation. An election is proposed to be held, on the first Monday inll October next, ated that is but a short time, it is true but I think it is amenable and objectionable in another sense. It nwill be almost impossible for the action of this Convention, as gentlemen know, owing to the wvant of mail facilities, and other things, to reach them, so they may know, what has actually been (lone; and place it before the people, and the various oandidates, who may aspire to stuch positions; as to enable them to act judiciously and wisely, inthe selection of their officers. T'his is more particularly true with reference to the district officers. They cannot canvass, or make themselves known to the people, before the election will transpire; and in many cases the people will be obliged to select, without having any very intelligent means of determining. It would be impossible, in some instances, to hold elections. There are many parties now confied in the jails of the counties, and the military authorities are taking cognizaneae of these cases, on the express ground, that there is no civil authority that can take cognizance and jurisdiction in the State. I have a letter fr-om Gen. Slocum, Commander of the Department, proposing to intervene, in a case, where a party is confined in the jail of Yazoo coulnty, on the ground that there is no civil anthoritv. There are many complints against 4he action of the mi ita.r authorities, for intervening in questions of this sort, that properly belong to the civil an th6rities, when in fact, they place their action in many of the cases, on the ground that there is no other tribunal; and as an act of humanity and mercy, they assume power, whether legally or constitutionally, it belongs to them or not. I pro pose to reinstate the officers, who can take cognizance of 167

tihes(e i.toi,Is,. Tths-e (o)fi(e's wNho r kiiowN-ni to ()ur Coll stitutioitl;ad lirms, whletler inl t State of rebellion o' not, have b(een e lected I) our o peopl(e ho w ill pass -{'-aili Ol this quetesti, wien ev it- is I)preseiitedl. Thle hold positions wholly juit(il::iltld mliiisteriatl ii tll( h teil r chae'ter, lnd have been selected for- their on fitn(ess, i11 as11 s, (td s) f,'S as I know, I 1t1e(r-e has b)eeln n1) tdiSlposition o0 tlite paltt (-)f tlie people to matke any (:hallges in1 tihese things. I would reinark further, that it has been iitiuiiate(1 to iiie, that the old oflicers being elect(ti duiring. state of rel)ellioln, and that it mright be imnpropei to re -instate them; ol in othei words, notwitbhstanding their fitness..inotwvithstandiing, that in all. probability they will l)e immnediatel r eturned to their respective offices that going fiom this Convention, it might oper ate unfavo tbly upon us, in regard to our relations with the Federal Government. Gov. Sharkey has set a pre ttdent, on this subject, with the a.pproval —at least therecog nition —and to the satisfaction of the Federal Government; for I have heard no coinplaint and so fat as he has thloug,ht it his duty, or proper to the State, or the Federal Govern mnent, to make changes —-it has been done. I propose bv this amendment, to recognize whathas been done on tlhatsubject; conflrm thle,ppointments lie has made, t od coltinue his ap pointments until the expiration of the unexpired teria of the officers. L. YLP(:i, of 1iiEdS.3Ir. President -— I object to the substitute offered by the gentleman from Yazo(o, (Mil. Hud son,) and to my mind, my objections are of such a serious character, that I am constrained to present them to the Con -ention. In the firstplace, the anmenidmeni t starts out with the idea that the present incumbents, have unexpired termrns to fill.According to the theory, 01on which this Convention is proGeding-according to the theory on which the Government of the United States is proceeding, the parties who fill these offices, though elected by the people, were merely officers, de facto; elected under a Constitution established by insurrectionary parties —not under the Constitution of the State of Mississippi, as an organized State, and part of the United States; therefor there is no unexpired terms to be filled by Aie gentlemen, who were incumbents at the time the State of Mississippi yielded to the forces of the United States. Again, it is true, that Gov. Sharkey, filled minor placessuch as, Justices of the Peace, and as high as the office of Probate Judge; and he did it with the approval of thePresident of the United States, for he stated to him, that for the purpose of speedy organization, and in order to obtai-n a OonventionT at an early day, we would have to take that course 1 6 I-s .xi) 1)1-1'1,'.,T,-, IN'I'Ill-,

MISSISSIPP C-.' XS-TIT['ITONAI L CONVE NTIO N.1 with t;he minoir offieers; but lie did not fill, t i( (oild iot fill -t'he higher grade of offices, with incunii-beits who had filled them, and oily the minior offices were attempted, until the Convention should mieet. He only did( it, in ordier to hlave an irammedia.te organization. Altio uh ov. Sharkey, thus filled tliese minor offices, for that purpose; yet his course has been subjected to severe criticismr onl the part of the Northern press, who hold tht the idea was to w-vhitewasli wlat has been done under the Ordinance of Secession. But a still more satisfactory objection to it, in iny ninid, is this: the offices were filled,at a period of time, -hlien a large and very importaut portion of the citizens of this State, were absent from home, and they had 11o voice, no word, in filling the offices, or in choosin the iLncumbenlts. They have conme bae,k after years of absence spent ilil privation and toil, and I think theil views, and their wishes, should be consulted, if these offices are vacant now, for they have a right to choose the parties who wvillfill them. For these objections, I shall be constrained to vote against the gentleman from Yazoo, believing as I do, that it will militate seriously against the action of this Convention, and also exclude from a fair chance to express their wishes and opinions, those whlo were absent; and deprive them also, -as it will,lof tlhe opportunity of calling on their felow-citizens, to place them in these same positions, should they be entitled to fill them. 31. Cr,vl.OI.o), of Jones-Mr. President: The people of one of the counties, beilng dissatisfied with the officers, who hleld the officees, at the time the Provisional Government was established, petitioned Gov. Sharkey for their removal. Upon that petition, hle removed two of the officers of the county, in which the petition originated, which created disturbance and ill-feeling there. I only bring this to show4hedifficulties which mav arise from the adoption of the substitute, in lieu of the original amendment; consequently I oppose it. MR. IARTIN, of Adams-iMr. President:-I think we will sve very little by attempting to continue, or put into office, those who have held these offices, under the State Government, while in rebellion, because a large proportion of the judicial officers will resign, if restored to office. MR. H,UDSON.-Mr. President:-I simply desire to suggest this; so far as the objection of the gentleman from Hinds is concerned, that the action of Gov. Sharkey, in the restoration pf a few unimportant officers to their positions, has been the subject matter of severe criticism in the North, it does not for one moment, affect my action as adelegate in this House It is not a political question; it is one t. hat certainly does aot rightfully concern the North. Are weto submit everytling from A to Z, for their approbattion, before we are per I C) #

iPROCEEDIN(GS AND' DEBATES IN THE m-itted to act upon it? If so, I say, let us sit here and await orders. If, in these matters, which affect us alone-which affect mere communities, and of a mere judicial characterwhich affect the regulation of right and wrong, as between us, and not as between us and them-is to be subject matter of criticism, and we are appalled by that criticisni from discharging our duty to ourselves, I say, let us sit down, and await orders. I do aot understand that the Government of the United States criticises this subject. Itf criticism from any other source is to deter us from discharging whlat we concede to be our duty, we shall do nothing. The only question it seems to me is this: whether or not, the exigencies of the country require that this should be done-whether or not public good and private interest would be best subserved, by re-instating or putting into position, oilfficers, who can take cognizance of these things, and relieve the military authorities from intervening, as they do from necessity-a necessity which will exist, until these civil officials are placed in their proper positions. So far as the question of unexpired term is concerned, the amendment to the ordinance proposed, does not mean to say, they have been legally or constitutionally in office; but it means, by law as existing inthis State, prior to 1861, and prior to the passage of the Ordinance of Secession; that there is now-an unexpired term, so far as the tenure of office is concerned, aud that this Convention may place the present incumbents in position, for that unexpired tenure of office. That is all that it means to assert-all it means to accomplish. Int case of the resignations spoken of by the gentleman from Adams, (Mr.'Martin-,) that can be promptly remedied by the provision here. MR. HARRISON, of Lowndes —Mr. President:-I would suggest another diiculty to the gentleman from Yazoo. The ordinance of the Committee is general in its character; it provides for the eleetion of officers of the State generolly, and members of Congress. That is, a general election is to be held. It also provides for a special election of all county and ministerial officers. This ordinance, offered as a sutbstitute, touches none of the offices in the first section of: the original bill, but the Attorney General, and unless it is mlodLfied'in some way, it is not an amendment. In order to testthe sense of the house, I propose to lay the amendmenit OIL the table. The motion to lay on the table prevailed. Mr. Potter, of Hinds, offered the following, as an additional clause to the ordinance unmder consideration: First. That the High Court of Errors and Appeals: of this State, the several Circuit and Chancery Courts of this State, Into

MISSIS:IPPI CONSTITUTIONAL CONVENTION. the Criminal Court of Warren county, the office of Attorney General of this State, the office of District Attorney of the several Judicial Districts and Criminal Courts of this State, the offices of clerk of the several Circuit and Criminal Courts of this State, and all county offices known to the Constitution and laws of this State on and before the 9th day of January, 1861, be, and the same are hereby revived, re-established and declared to be in existence, full force and operation, and that the several persons elected to said offices by, the people at the last election therefor, in this State, and holding said offices at the time of the suspension of their functions and powers in May, 1865, be, and they are hereby reinstated, restored and elected to their said several offices and positions, upon their respectively taking the amnesty oath, if not already taken, and the proper oath of office, and giving new bonds and security, to be taken, conditioned and approved according to law in the case of bonded officers, to hold said offices until the first Monday in November, A. D. 1865: Provided, that any such office now filled and held by any appointee of Governor W. L. Sharkey, shall be held and filled by such appointee until said first Monday in November, and in case any of said officers are or may become vacant by the death, removal, resignationl, refusal to qualify or act, or other legal cause; such vacancy shall be filled in cases of District and State officers, by Executive appointment; and in case of county officers, by election, according to existing laws in such cases; and the terms of office of all such officers shall expire on said first Monday in November, 1865. 3IR. PoTTrn, of Hinds —Mr. President: —The object of the amendment is simply to secure judicial and other officers, to perform these duties until the officers to be appointed under the ordinance reported by the Committee, shall assume their ,ffices. If this be adopted, we will have reestablished civil law, so far as it can be reached by the appointment of State and county officers. It seems to me the objection can be regarded of very little force, seeing that the purpose of their re-appointment is merely to meet a present emergency. It is it matter of great necessity, and the time of their continuance in office very short, as they will go out on the first Monday in November. 3IR. HARISON.- I had proposed to move to alter the report in relation to the time of the assembling of the Legislature, to the second MIonday in October; also the term of the ministerial officers to commence on the second Monday in October. In moving to lay this amendment on the table, I think it is due to say that I propose so to amend, at the request of several gentlemen, as to bring the meeting of the Legislature, on the second Monday in October. 12 171

PROCEEDINGS AND) DEBATES IN TIIE On motioni of MIr. Harrison, The amendment was laid Uponl the table. Mr. Cooper, of Rankin, offered the following amendment: Amend first section by inserting after the words "shall be held," in the first line, the words, "on the first Moniday of October next." Which was adopted. Mr. Simonton, of Itawainba, offered the following amendment to the first section: Strike out all after the word "same," in' the fourth line, to the word "as," in the fifth line. On motion of Mr. Cooper, of Rankiin, The amendment was laid upon the table. Mr. Harrison moved to amend the first section 1)y striking out the word "first," in the sixth line, and insert the word "third," in lieu thereof, and by striking out in the same line, the word "November," and inserting in lieu thereof the word "October." Which amendments were adopted. The first section, as amended, was then adopted, and is as follows, to-wit: "That a general election shall be held on the first Monday of October next, according to the Constitution, and the election laws of t:he State as'hey existed on the first day of Januiary, 1861, for Representatives in Congress, and all State officerc and members of the Legislature. The several Congressional Districts shall be the same, and the time of holding the election for Representatives in Congress the same, as fixed and established by the Legislature in the year A. D., 1857. The Legislature shall convene on the third Monday in October, 1865, and be organized and classified as the Constituitioa directs. The second section was then taken up. Mr. Johnison, of Smith, offered the following amendment, which was adopted: Strike out the words "until the next regular election thereafter," in the third line, and insert after the words "successors," in the fourth line, and before the words "qualified," the words "elected and." Mr. Harrison moved to amend by striking out from seventh line the word "first," and insert in lieu thereof the word "third," and by striking out in same line the word "November," and insert in lieu thereof the word "October." Which was adopted. The second section as amended was then adopted, and is as follows: A special election shall also be held at the time of said general election, the first Mlonday in October, A. D., 1865, for all 172

I ISIS,IPPI CONSTITUTIONAL C()NVENTION. county, district, judicial and ministerial officers, and the officers so elected shall hold their offices until their successors are elected and qualified, and enter upon the duties of their respective offices, according to the Constitution and lawsand the term of office of all such State, commty, district; judicial and ministerial officers so elected, shall commence on the third Monday in October, A. D., 1865. The third section was then taken up. Mr. Harrison offered the following amendment, which was adopted: Strike out the word "take," ill third line, and insert the words "have taken" in lieu thereof. No other amendment being offered to the third section, it was adopted, as follows: "No person shall be qualified as an elector, or be eligible to any office at said elections, unless in addition to the qualifications required by the Constitution and election laws aforesaid, he shall have taken the amnesty oath prescribed in the proclamation of the President of the United States, on the 29th day of May, A. D. 1865. The fourth section being taken upl, Mr. Maury, of Claiborne, offered the following amendment: Amend fourth section of the ordinance by striking out the whole thereof, and inserting as follows, viz: "No person shall be qualified as an elector at said election, unless, in addition to other qualifications required by law, he shall take an oath to support the Constitution of the United States, and the State of Mississippi." On motion of Mr. Harrison, The amendment was laid upon the table. The fourth section was then adopted as follows: "Alnd immediately after the adjournment ef the Convention, the President thereof shall issue writs of election directed to the Sheriffs of thile several.counties in the State, requiring them to cause said elections to be held according to the election laws in force, and existing on said first day of January, A. D., 1861." The question was then taken on the ordinance as amended, and decided in the affirmative. On motion of Mr. Yerger, of Hinds, The Convention adjoured, until to-morrow morning, nine o'clock. EIGHTH DAY. TUESDAY, AUGUST, 22D., 1865. The Convention met pursuant to adjournment. 173

PROCEEDINGS AND DEBATES IX THE Prayer by the Rev. C. Johnson. Journal of yesterday read and approved. lMr. Reynolds, of Tishomingo, asked leave of absence for Nr. Wade, of Issaquena, Which was granted. Mr. Sessions, of Holmes, who was absent yesterday on account of illness, asked leave to have his name placed in the affirmative on the final vote adopting the second section of the report of the majority of the Committee on State Constitttion. Which was granted. fMr. Wier offered the following resolution Which was adopted: Resolved, That the Committee on State Constitution be instructed to take into consideration the propriety and expedieucy of submitting the amendments of the Constitution, tog,ether with the ordinances adopted by this Convention, to the qualified electors of this State for their ratification or rejection, and report to this Convention as early as practicable, what action they recommend this Convention to take thereon. On motion of Mr. IIhudson, of Yazoo 'Uhe Convention proceeded to the consideration of an ordinmnce to be entitled "An ordinance in relation to the Ordinance of Secession, and other ordinances and resolutions adopted by a former Convention of Mississippi, held at Jackson on 7th Jnitary, 1861, and on the 25th March, 1861," said ordinance having been reported by a majority of the Committee on Ordinances and Laws. Mr. Jolhnson, of Marshall, moved that said ordinance be considered section by section, which being agreed to 1l. JoisonI further moved that the ordinance reported by thei minority committee, and submitted by Mr. Trotter, of Ma rsh ll, b)e substituted for the same, which ordinanee is as follows: Be it oir- (1iJiecl, That the c)rdinance of Secession, adopted )y. Convention of the people of this State, on the 9th day of Jamutari, l(S61, be and the same is hereby repealed and ab) rogoate(l. Mr'. TR'OTTElu, of Marshall, said Mr. President: The question which concerns the proper disposition to be made of the ordinance under consideration, is one which has interested every member of this body. It is the general opinion, that it must be settled in some form by the action of the Convention, andl a majority of the Committee, to whom the subject was referred, have thought it sufficient to declare by the " ordinance" reported by them, that it is simply "null and void." This conclusion is based upon the groundcl that the Convention which ordained it had no 174

MISSISSIPPI CONSTITUTIONAL CONVENTION. athority to do so. A minority of the same Committee, however, believe that, whether the Ordinance of Secession was lawful or unlawfiil, or in other words, whether the State of Mississippi, acting in her soverei(gn capacity, as a State, had a right to dissolve her connection with the other States of the Union, and resume the powers delegated by her by the terms of the compact, that the action condemned was never theless an exertion of power by a sovereign State, which, regarded merely as a revolutionlary measure, was sufficienlt to command the obedience of her citizens, and to excuse and justify them. The ordinance created a govermuent in fact, if not in law, and according to the well settled principles of public law, and the decisions of the courts of every civilized nation, the citizens of that government were'llnot Olfy excus able for obeying its authority, but were bound to do so. They had no option. Possession in this case, as in questions coIncerning the rioht of property, is primia facie evidence of good title. Flhe community at large are not supposed to be capable of deciding grave and complicated questLons of this sort, and are therefore bound, in determining the course of action to be pursued,. to look no further than to the fact of actual possession. This was the rule adopted in England d(luring the civil wars b)etween the rival houses of York and Lancaster, which found one claimant in possessionl this year, and hisi antagonist the next. The people were of course kept in a continued state of alarm and perplexity. They knew not which' to obey. Hence' tlhe importance and absolute necessity of the rule mentioned, which decides the duty of the citizen by the safe criterion of present possession. Any other principle would, in times of civil commotion, place them in a predicament of such peril as cannot be imagined without the most serious alarm. It would place them where they can neither do wrong without ruin, or right without affliction. "Wretched indeed, above all formns of wretchedness, must be their condition, if the rightful governrnent might punish thenm for obedience to the powers in being, as the powers in being certainly would do for disobedience." In view of these conservative doctrilnes, as applicable to the action of the State in the instance under conisideration, this body should, in my humble opinioln, be very calltious and considerate in their final disposition of this question. It has been decidedly the arbitrament of arms against the -validity of the ordinance. The State has been compelled to yield her pretensions and recede from the stand she( assumed. The forces of the Union have triumphed over those of the State as well as of the C(onfederacy. The "1 odinance" can no longer be maintained, and the people ot the State desire to see it formally repea'ed and at?ittled( by 175

1ROCEEDI!NGS A'NI) DEBXTES IN TIlE the action of this body. This call be done witlhout the use of such phraseology as will iuunecessaril- place the seal of censure and condemnnation upon our )proceedinogs. The "ordinance" has been crushed by the physical power of the United States,'and I am of opinion that they will give themselves no concern about the reasoninig of this body or its action in reference thereto. IlHence I do insist, tl-hat lwhatever may be the differences of opinion here as to the power cc,f the Convention of 1861, we should not so shape our action as to reflect discredit u1pon0 the intelligence and patriotism of that body. For thlough- they may lave erred, they acted in the discharge of what they conceived to be a conceientious duty; and their error was shared by a large lmajority- of the people of this State, ars well as by those of eleven of their sister States. To adopt thle lainguage of the ordiinance, reported by the Committee, wo0ld not on1ly tend to discredit the Convention of 1861, )by a reflection upon their intelligence and patriotism, but would have the effect of imputing to every member of that body, as well as ev-ery- citizen of the State who yielded obedience to its authlority- thIe grave crime of treason. For that which is siipl 1.'- i (1)(d void can julstify the obedience of 11no one. iAnid whilst we 1may acquiesce in the decision of the United States, and yield a ready and cheerful obedience to their authiority, as our duty requires, yet it is certainly not necessary 1nor proper that we should go further, and by our voluntary resolution, cast any odium upon our predecessors. We all no0w reoret thie step that was taken, anid sincerely desire to retrace it, iid a,s soon as possible repair the mischief which have flowecd fromn it. This it is believed cai be best accomplished b- a simple repeal of the original " ordinance," which puts it at rest, in a manner which iiiets the general vishl, and will wound 11no sensibilities ancd comapromit 110o riohts. In this slhape it can unite the conflicting' views of thiose who b)elieve it to have been void ab initio, as well as of those who believe otherwise, since it is a common practice with legislative b1)odies to repeal an act, whose constitutionality has beecn seriously questioned, or ascertained by a determination of the proper judicial tribunal. By the course recommended by the minority report, the end desired by all can be accomplished in a manner which will secure general acquiescence and that harmony of feeling which should be cultivated by every means in our power, and which is so essential to our welfare. iM'r. Harrison, of Lowlides, offered the following amendmeit: "Strike out the word'abrogated' in the second line, and insert in lieu thereof the words: declared to be of no force and effect." 17(),

MISSISSIPPI CONSIT'ITUTIONAL CONVENTION. IMr. Martin, of Adams, offered the following, as a substitute for the ordinance reported by the MinorityN, with thle amendment thereto, offered by Mr. Harrisoni, of Lowdllcles: That the Ordinance of Secession, passed by a Conienltion of the people of the State of Mississippi, on the 9th day of January 1861: not having been passed in the exercise of Constitutional right, or of a right reserved to the State; and being in violation of the Constitution of the iUnited States, is hereby declared to be null void, and of no effect. Pending which, 3Ir. Morphis, of Pontotoc, moved to acldjourn until 4 o'clock, P. M. Which was lost. On motion of Mr. Houston, of Monroe, the Convention adjourned until 3 o'clock, P. M. TIREEl O'CLOCK, P. If. The Convention met pursuant to acldjournmenit. On motion of Mr. Compton, of MIarshall, the regular order of business was suspended, to enable him to introduce the following resolution: Resolved, That a Committee of three b)e appointed to take into consideration thle pay of the officers and membiers of this Convention, and report thereoin. On motion of Mr. Comptoin, The resolution was adopted. The Presidclent announced as the Commi"ttee, provided for ill said resolution: Messrs. Compto, of Marshlall; MIatthews, of Panola; Horne of Wayne.s The regular order of business was resumied, to-wit: The substitute offered by Mr. Martin, of Adams, for the ordinance, reported by the Minorityv Committee, with the mnendment thereto, b)y Mr. I-Harrison; of Lowudes. Mr. Martin, of Adams. moved the previous question, Which was not sustained. On motion, of Mr. Yerger, of Hinds, the substitute offered b)y Mr. Martin, was laid upon the table, by yeas and nays, called for by Messrs. Martin, of Adamis; Wier and Morphis, as follows, to-wit: YEAS. —Mr. Presideiit, Messrs. Bart, Bailey, BinforCd, Blackwell, Bond, Brown, Byars, Carter, Cason, Compton, Cooper, of Panola, Crum, Crnmnings, Davis, Franlklin, Gaither, Goode, Griffin, Gully, Hamin, Harrison, Heard, Hill, IHorne, Hurst, Jarnagin, Johnson, of iIarsl-all, Jones, Kennedy, King, Lewers, Lindsey, Loper, Marshall, Martin, of Sunflower, Matthews, Maury-, Montgomery, Mayson, Owens, of Tunica, Owen, of Scott, Phipps, Potter, Reid, Reynols, Rives, Rushing, Ses 177

PRO Y()CEELDINGS AND I)EBATES IN Till sions, Simonton, Slover, Stai).ey, Stone, Stricklin, Swett, Tate, Trotter, Wallace, Wall, Watsoni, White, Wilson, Woodward, Yerger. —4. NAYS. —Messrs. Cooper, of Ranin, Crawif)rd, I)owd, Gowai, Eall, Houston, JolLuston, of Ilinds, Jolison, of Smith, Lamb c{in, Lewis, MTartin, of Adams, M(Bride, Morplius, Niles, Pey tJoi, Pressley, Qui-i, Sanders, of Attala, Sparkmana, WVebb, Wier, Wylie.-22. The qtuest, ein reurin, I tthe ()i(iinanlce of the Mlillority C)rlmittee, M-r, Yerger of -It s, (Ierred thle tollowilo', is a substitute for said ordinance: Be it ordaiened by t/e ])cl(e.yatea q/ th(e people of Miss[iss-ipi ift Conveto as.seeted, That an act entitled "An ordinance to dissolve the Union between the State of MAississippi, and other States, united with hler under the compact, entitled, the 'Constitution of the United States of America," passed and adopted on the 9th day of January, 1861, by a Convention of delegates of thle people of M:ississippi, assembledat Jackson, and all other acts, resoluttions and ordinances, and all altera tions, amendments and changes, and proposed amendments, atterations and changes of the Constitution of the State ot Mississippi, adopted by said Convention, at said session, and the adjournedi anfd called session thereof, in the year 1861, were without Constitutional validity or force, a:d the same a-re hereby repealed, and declared of iio effect. Mr. Matthews, of Paiola, moved to lay tihe.sul)stitute upoii the table, Which was decided in the aftiriative, b)y yeas and nays, called for by Messrs.Bond, of Pontotoc MAlatthews, of Paniol0a; aqd Yerger, of Hinds; as follows, to-wit YEAs. —Messrs. Banr' Bailey, Binford, Blackwell, Brown, Byars,Caiter, Compton, Cooper. of Rankin, Cooper, of Panola, Crawford, Davis, Dorris, Duncan, Franklin, Gaither, Goode, Gully, lHarm, Harrison, Heard, Hill, Hudson, IHIurst, Johnson, of Marshlall, Johnson, of Smith, Lewers, Malone, Maarshall, Mlatthlews, Maayson, AMcBride, Moriphis, ~iles, Phliipps, Potter, Reid, Reynolds, Sanders, of DeSoto, Sessions, Stoine, Stricklin, Swett, Tate, Trotter, Wall, Watsoni, Wilson, Woodward and Wylie.-50. NAYS.-AMr. President, Mlessrs. iBoId, Cason, Crumi, Cuammings, Dowd, Gowan, Griffin, H1all, -leminigway, Horne, Houston, Jamiagin, Johnston, of I1ind,s, Johnson, of Choctaw, Jones, Kennedy, King, Lain)din, Lewers, Lindsey, Loper, Martin, of Adams, Martin, of Sunflower, Maury, Montgomery, Owens, of Tunica, Owen, of Scott, Peyton, Pressley, Quin, Rives, Rushi;ng, Sanders, of Attala, Simonton, Slover, Spaxkman, Stanlev, Walc, Webb, Wies, W(ooley, White, Yergelr. -45. 17S

MIISSISSIPPI CONSTITUTXIONAL CONVENTION. The question recurring on the ordinaine, reported by MIr. Trotter, of Miinoritn y Committee, Mr. Yerger, of Hinds. mnovedl to lay the samie upon the table Which was decided in the aftirmative, by yeas and nays, ca.lled for by Messrs. Johnson, of i Marshall; Trotter an(d Compton, as follows, to-wit: YLAS.-M3Ir. President, Messrs. Blackwell, Boiid, yyas, Cas'on, Crawford, Cummings, Dorris, Dunc an, G -owai, Goode, GCrifin, Hall, Hiemingway,,Hill, Houston, Jarnag'nil, Johnston, of Hinds, Johnson, of Choctaw, Johnson, of Smitlh, Jones, Kennedly, Lamnbdin, Lewis, Lindsey, Loper, Martin, of Adams, Martin, of Sunflowei, Manry, MLontgomery, McBride, MAlorphis, Owens, of Tunica, Peyton, Pressley, Quinn,'Rey nos, Rives, Sanders, of Attala, Simonton, Sparknman, Wallace, Webl), White, Wiei, Wo)oley, Wylie, Yerger.-48. NA~s.-3{els~s.,Bart, Bailey, Biliford, Brown, Carter, Comptoni, (Cooper, of Rankin, Cooper, of Panola, Crum, Davis, Dowd, Franklin, Gaither, Gully, Hamm, Harrison, IHeard, Horne, Hudson, T-iurst, Johnson, of Marshall, King, Lewers, Malone, Marishall, Matthews, I,ayson, Niles, Owen of Scott, Phipps, Potter, Reid, Rushing, Sanders, of DeSoto, Sessions, Slover, Stanley, Stone, Stricklin, Swet, ate, Trotter, Wall, Watson, W ilso n, Woodward.-46. Mr. Goode ote.red a s a substitute, the followiig Miniority report: Wn:ERIAS, A C(onvention of'the people of the State of Mlississippi, assembled at the Capitol, on the 9th day of January, 1861, adopted an Ordinance of Secession, of the State, froni the United States Government, and declared that the State resumed her sovereignty- aid in a war resulting therefrom with the United States Government, which refused to recognize the legality or validity of that ordinance, the State failed to maintain her asserted sovereiglty, and is now willing an,d ready to resume her status in the Union, as before the passage of that ordinance; Theretore, Be it ordained by t/is Conyen,ebi., That said Ordinance of Secession be, and the same is, (declared to be henceforwar(d xLall, and of no binding force. Mr. Brown, of Yalobuslia, offered the ftollowinig amendmenct, which was accepted by Mr. Goode: Strike out of the last line, the words': heiceforward null and"'OGn niotion of lir. Jari:nagin, The substitute, as amended, was laid upon the table. The question theii recurred on the first section of the Ol'dinance, as reported by the majority of Committee. 3f lotti, offcered thie Tfollowinig':endment: 1.79

PIR(EiO(lEt)INGS ANI) E)BfATIJS IN TIIE Strike out all after tle word''hereby,"i tlie tlh line, and insert the words, I"vacated and annulled." Which was lost. Mr. Johnston, of iids., mo-ved the adoptioi of the first section; and uponl that motion, called the )previous (tluestion Which being sustained The question was taken upon the first section, and decided in the affirmative, by yeas and nays, called for byv Messrs. Barr, Slover and Crnm, as follows, to-wit: YLAS.-Mr. President, Messrs, Baile, Billups, Binford, Blackwell, Bond, Brown, Byars, Carter, Cason, Cooper, of Rankin, Colmpton, Cooper, of Panola, Crawford, Cummings, Dorris, Dowd, Duncan, Gaithier, Gowan, Gliffin, Gully, Hall, Harrison, Heard, Hemingway, Hill, Horne, Houston, Hudson, Jarnagin, Johnston, of Hinds, Johnson, of Choctaw, Johnson, of Smith, Jones, Kennedy, King, Lambdin, Lewis, Lindsey, Loper, Malone, Marshall, Maritin, of Adams, Martin, of Sunflower, Maury, Montgomery, McBride, VMorlphlis, iles, Owens, of Tunica, Owen, of Scott, Peyton, Potter; Pressley, Quinn, Reynolds, Rives, Rushimg, Sanders, of Attal SandeSaders, of DeSoto, Sessions, Simonton SloTer, Sparkman, Stainley, Stricklin, Swett, Tate, Wallace, Wall, Watson, We)lb), White, Wier, Wilson, Woodward, Woolev, Wylie, Y erger. -81. NAYS.-Messrs. Barr, Crum, Davis, Franklin, Goodle, Hamm, Hurst: Johnson, of Marishall, Mavso, Phipps, Reid, Stone, Trotter. —14. The first section, as adopted, is as follows: SECTION 1. Be it ordainied b6f tl/e people of tlIe,S't(te of Mis,iss,ippi i)nt CUoventioi assem,bled(, lThat an ordinance passed by ,t former Convention of the State of Mississippi, on the 9th day of Januari, A. D. 1861, entitled "An ordinance to dissolve the Union between the State of Mississippi and other States, united with her, under the compact entitled the "Constitution of the United States of Amrerica," is herelbv declared to be null and voidl. The second section beiing taken up, Mr. Wier, of Yalobusha, offered thle followilng amendment: Amend the second section by strikinu out the 4th line, and inserting in lieu thereof, the words,. are hereby dela"ied nul l and void." On motion of Mr. Franklin, of Neshoba, The amendment -was laid upon the table. Mr. McBride, of Madison, offered the following as a slbstitute, for the second section: Be it furtIe) ordained, That all ordinances and resolutions amending, altering or changing, or proposing to amend, alter or change the Constitution and laws of thle State, passed by said Convention of the State of MIississippi, which asembled 18()

MISSI SIPI'I CONSTITUTI(ONAI-CN, C-)NV'\ENTIO-N. at Jackson, the 7tlh day of Jauiiary, A. D. 1861, and onl the 2th Marclhl 1861, )eC and the same are lierel)v declaied ntll and void. Oll lmotion of IMr. Potter, of Hinds, The sul.)stitute was laid upon thle table. Milr. Johnston, of Hinds, offered the following amelndment: Amend by striking out, after the 4th line, thle words, "to raise means for the defense of the State;" and also, )by striking out at the end of the section, the words: "supplemenltal to an ordinance, entitled an ordinance, to raise means for the defense of the State, passed March 29th, 1861. Mr. Sanders, of Attala, moved to lay the amendment upon tlle table, Which was decided in the negative, by yeas fnd nays, called for by Messrs. Sanders, of Attala, Bond and Potter, as follows, to-wit: YrAS. —Messrs. Bailey, Crium, Dorris, Hall, Hemingway, Hurst, Johnson, of Marshall, Johnson, of Choctaw, Kennedy, Rives, Sanders, of Attala, Webb, Wooley.-13. NAYS. —MIr. President, Messrs. Baar, Billups, Binford, Blackwell, Bond, Brown, Carter, Cason, Compton, Cooper, of Panola, Crawford, Cummings, Dowd, Duncan, Gaither, Gowan, Griffin, Gulley, Harrison, Heard, Hill, Horne, Houston, Hudson, Jarnigan, Johnlston, of Hinds, Johnson, of Smith, Jones, King, Lambdclin, Lewers, Lewis, Lindsey, Loper, Malone, Marshall, Martin, of Adams, Miartin, of Sunflower, Matthews, Maury, Montgomery, Mayson, McBride, Morphlis, Niles, Owen, of Tunica, Owens, of Scott, Peyton, Phipps, Potter, Pressley, Quin, Reid, Reynolds, Rushing, Sanders, of DeSoto, Sessions, Simonton, Slover, Sparkman, Stanley, Stone,.Stricklin, Swett, Tate, Trotter, Wallace, Wall, Watson, White, Wier, Wilson, Woodward, Wylie, Yerger.-76. Mr. Yerger, of Hinds, offered the following as a proviso to the amendment, offered biy IMr. Johnson, whiclh was accepted by the latter: Amend by proviso to second section: Provided, That an ordinance, (bearing no date,) entitled '-An ordinance to raise means for the defense of the State," and an ordinance passed March, 29thl, 1861, entitle an ordinance, supplemental to an ordinance, entitled an ordinance, to raise means for the defense of the State, are intended to be left by this Convention, for such action on the same, as the people-of the State, by their Legislature, may deem it right and properto take-lhaving in view the honor and prosperity of the State. lMr.Marshall, of Warren, moved to strike out the proviso — Which was decided in the negative by yeas and nays, called for by Messrs. Potter, Marshall and Crumn, as follows, to-wit: 181

PROCEEDIN(GS AND DEBATES IN THE YEAS.-!Mssrs. Crum, Fr aiiklin, Lambdin, Lewers, IaIrshlall, M4artin, of Adams, Potter, Swett, Woodward.-9. NAYs.-,Mr. President, Messrs. Barr, Bailey, Bllups, Biii ford, Blackwell, Bond, Brown Byars, Cartelr, Cason, Coinptol, Cooper, of Rankin, Cooper, of Panola, Crawford, Cummings, Dorris,'Dewd, Gaither, Gowan, Goode, Griffini, Gully, Hall, Id-amm, Haarrison, Heard, Heningway Hill, Horne, Houston, Hudson, Hirst, JTrnati, Johnston of Hillds, JohnsonI, o M1arshall, Johnson, of Clioetaw, Johnsonl, of Smith, Jones, Kennedy, King, Lewis, Lindsey, Loper, Malalone, Martin, of Sunflower, MAatthews,:[faury, Montgomeiy, INMayson, McBride,' Morphis, Niles. Owens, of TIunies, Owe), of Scott, Peyton, Phipps, Pressley, Qiin, Reynolds, Pives, Rusling, Sanders, of Attala, Sanders, of DeSoto Sessions, Simonton, Slover. Sparkman, Stanley, Stone, Stricklin, Tate, Trotter, Wallace, Wall, Watsoni, WeTb, Wthite, Wier, Wilsonl, Wooley, Wylie, Yerger. —. The question wans tleii taeii oi the aleindment, with proviso,'ld adojpte(l. 0tl nmotion) (o1 It. folms)on ()' Itil,s tlic sc('oln(d sectioif,] as amncnded, was adlopted: (On motion of Mr. Cooper, of Paiola, The third seetion -was adopted. M. BAtln, of Lafayette. lMri. PresideIt: I desire, before the vote is taken ojl this sublject, to say one word. It seems to e, sii, that in 1o senise is the lan,guage trueI mean thle Tanguage in which the ordinance passed by the Convention of 1861 is (deelared "iiull and void."' There have )eeii, aii'- tiere are vet-so ftr tas 1my inifoinration goes -but two piarties in the State oni that subject. There has been, anid I douibt uot there is to-day, a large and respectable party in this State, wlho hold tlhat the right of secessioi is a reserved right. There is also a party who hold that there is no such- reserved rilght as that of secession, hut that the right of revolutioni exists. Now, sir, these being the two doctrines hield by tlice people of tlhis State. (and so far as my i,.ormation g()es, the oIly two positions held by them,) I submit that, ii-i tlite (-piioii )f )otlI these parties, the language of the (or dinne reporited tvi thie (ommiinittee is incorreect. If the right of secessioii is a reserived rigoht, theleii the ordirLance passed )on the 9tlh d(ay of Jaiiu.UT, 1861, is not ainulled, bfor thle rigYlit of revoltio:) exists. T-heni, the ordinance passed in. tie C-oiiventioii on the 8thi of Jaiu-ary, 1861, is but a solemn declaration of the people of thiis State, whereby a revolution was ilnaugurated, red it is not null and void, unless the rtght of revolution is null and void; but I do not s,3ppose the Coimmittee who reported this ordinance, under I.82

MISSISSIPPI CONSTITUTIO(NAL CCNViEKTION. take to say that the right of revolution is annulled. Again, sir: This body is representative in its character. We pass ordinances, we adopt amendments to the laws: we may make a Constitution; and what are these ordinances and amendments but law? We are here as a legislative body, en-. acting laws which become the highest law-the controlling law of the State of Mississippi. Well, now sir, I ask what is the language of legislative bodies? What is the peculiar, the proper, the technical word to be used by a legislative body, when it desires to set aside or abrogate all obnoxious or unconstitutional law? Who ever heard that the legislature usedl the words "null and void" in repealing an obnoxious and unconstitutional amendment? The words ""null and void," are peculiar to courts. Courts can declare laws and ordinances "null and void," because the words are peculiar to them and proper to be used by them but it is and has been customary-time out of mind -or a Legislature in repealing, setting aside and abrogating unconstitutional enactments, to use the word "repeal." It by no means follows that because we say that the ordinance passed on the 9th dlay of January, 1861, is "repealed," we mean by the use of the word "repeal" to declare that the State of IMtssissippi exercised a reserved right not inconsistent with the Constitu — tion of the United States. No such inference. can arise from that use of the word, becalluse it is a word peculiar to legislative bodies, and the only proper word to be used by them in. setting aside and abrogating an unconstitutional law or ordinance. I submit, then, whether it would not be most respectiful to that large body of our citizens who did believe-imless the question has been finally settled by the late war-that the right of secession was a reserved right not inconsistent with the Constitution of the united States, to reject the form of words used in the majority report of the Conm-nittee? I submit whether it would not be treating that large body of our citizeus who believe in that right, with disrespect, and whether it would not be an attempt to set the seal of condemnation upon them, to come here now and use a word not peculiar to legislative bodies, and attempt, instead, to use words peculiar to courts-the words "null and void?" Here, in the first section of this report the ordinance pass ed on the 9th day of January, 1861, is declared by the Comnittee to be "null and void." Well, sir, they then proceed to say further: "Be it further ordained, That the following ordinances and resolutions passed by said former Convention of the State ef Mississippi, which assembled in the city of Jackson on Monday, the 7th day of January, A. D. 1861, and on the 25th day of March, 1861, be and the same are 183 I

PROCEEDINGS ANI) DEBATES IN THE hereby repealed." Now, what are those enactments that are declared to be "repealed?" "To raise means for the defence of the State," is one of the ordinances referred to, passed manifestly against the Government of the United States, andll in anticipation that war might follow upon the adoptioni of that ordinance passed on the 9thl of JanLuary, 1861. Then follows: "To regulate the military system of the State of Mississippi;" "Concerning the jurisdiction and property of the United States of America, in the State of Mississippi," and other ordinances. Now, sir, these things are all consisteit with the idea of that ordinance of secession passed bvy that Convention-breathe the same spirit-emaniate from the same supposedright —and if the one is "null anid void," why are not all the rest? Why have not the Committee, after pronouncing the ordinance of the 9thl of January a nullity, gone on and pronounced everything in support of that ordinance, and to carry it into effect, "hereby repealed?" It does seem to me, IMr. President, and gentlemen, that the Committee set out with a determination to declare the ordinalnce of the 9th of January a nullity, and then, upon sober, second thought, have come back and made use of the proper word, "repeal" -to the use of the word that would give 10 offence to any portion of our citizens-to the use of the word that would not set the seal of condemnation upon a large portion of our citizens. I submit, then, to the Committee, that the word "repeal," as used by them in regard to all the ordinances subsequent to that of January 9th, 1861, is the proper word to be applied to the ordinance of secession. MR. JOHNSON, of Hinds.-Mr. President: Not intending to consume much of the time of this Conveution, knoing we ought to expedite our business as fast as possible. I would, nevertheless, submit a few remarks in re)ly to the gentleman from Lafayette, explanatory of the views and sentiments of the Committee, of which I had the honor to be Chairman, and that reported this ordinance. The words "null and void," as applied to the ordinance of secession, were not words employed without due deliberation on the part of the Committee. They have a meaning, a significance, and an object. It -is proper to remark, that in that Committee this point was the subject matter of extended discussion, which finally resulted in instructions to myselt as Chairman, to report the ordinance in the words in which it is now before the House. I admit that with myself, (and 1 believe with the rest of the Committee,) the motive in employing the words "null and void," sprung out of our peculiar notions as to the right of secession. As I remarked the other day, in connection with another subject, I never have admnit 184

MISSISSIPPI CONSTITUTIONAL CONVENTION. ted the right, on the part of a sovereiigni State, to secede frtom tle Union; but if we had used the word "repeal,'" in reference to the ordinance undcler discussion, it wvotild have been a confession upon our part that the ordinance of secession had some original validity-that the right existed, and that it was exercised under the Constitution. Repealing" it wouldl have given this construction by irresistible implication, if not by particular terms; and believing, as we did, the majority of the comminttee, at least, that the right of secession nowhere existed under the Constitution of the United.States we necessarily took the view, that the ordinance was'mull and void," ab initio, and never had any binding effect and legal force.My view of it then is now and always will be-other gentlemen of course, can think as they please-that no such right, I say, ever existed. I admit, that this ordinance, as reported, brings up the direct question as between us of the right of secession; and I do not suppose of course, that those gentlemen of this Convention, who were secessionists, and recognized the right of secession and I have no doubt they did, so very honestly-would support the ordinance, with the words, "null and void" in it; because, being inconsistent with their principles, they would be constrained to oppose it-while for me, and the majority of the Convention, to be consistent in our principles, we were bound to report it in that shape. Now I do not intend to enter in a discussion as to the right of secession, as I remarked heretofore; the argument has been exhausted upon that slubject, and I should not be guiiilty of reviing it. The gentleman himself has not attempted to revive it, but has yet taken a position, I think he is very much mistaken in -that by insisting onl the words, "null and void," we are acting disrepectful to those members of the Convention, whe recognize the right of secession. Such was not the intention of the committee, and it was certainly very far from my intention; for with regard to those gentlemen, who have advocated that doctrine sincerely and honestly-as I believe almost all of them have-I yield the same right to them, to, exercise their opinions on that, subject, as I certainly have to exercise mine in opposition to them. There is nothing disrespectful in it; but if the gentleman's argument be good, and the opposite side insists upon the word "repeal," in opposition to our sentiments, it is acting disrespectfully towards us, I think; the truth is. there, is no disrespect in it, one way or the other-opinions being different, and each one entitled to his own. "I would not vote," says a member of the committee, for the repeal of the ordinance of secession, because thereby I would stultify my past political life and pinciples, and yield the point that I believed the right existed. I don't care 1915

PROCEEDI)NGS AN'D DEBATES IN TiIE particularly, how the members of this Convention may choose to settle the verbage of the report; but I want the report and record to show that I, and the rest of the Committee, have not been guilty of inconsistency in our sentiments. But there was no design to offer the slightest disrepect to the gentleman who addressed the Chair this morning, or to any other membIer of the Convention; or to arraign their principles, or hold them responsible-but it was a mere assertion of the views and sentiments of a majority of the Convention, which they had a right to assert —which, if this Convenltion carries out, it is well and good; but in regard to which, if it chooses to ignore it, we have no right to say a word. This is not a mere verbal criticism, but an important matter, having a direct bearing upon our great object here; because when it is sees that we acknowledge the original validity of the ordinance of secession, by simply repealing it, and that we concede its original validity, it will be said that we are holding on to the right of secession, in ouul Convention, and that the majority believe in the existence of a right, to be exercised hereafter, if occasion requires. Therefore, I think the adoption of the remarks of the gentleman, by the Convention, will prove a serious obstacle to the representation of MIississippi in the National Council. I accordingly believe it important to adhere to the phraseology of the report. Those gentlemen who differ from us in sentiment, of course can record their votes in favor of the substitute, which has been offered; whilst I claim for myself the right of thinking upon these great questions, and freely recognize the right of other (gentlemen, to differ from the view which I take. I have no feeling of disrepect for any man who differs from me, on any question; but .I sincere respect for the opinions of any one's political, religious, and other views, where they are entertained in good faith. Having fought ultra States Rights opinions so many long years, I yet can but have a sincere repect for those holding the political views involved in that doctrine, and concede the same honesty to the'advocates thereof, as I claim for mrayself and those associated with me. The gentleman seems to think, Mr. President, that we are denying the great right of revolution-not at all. The committee have not been guilty of that-for every gentleman knows that whatever may be the right in regard to secession, the right of revolution exists here and everywhere, the world over. There is not a'people so oppressed and down-trodden, that have not within themselves, the glorious right of revolution. It is a right over and above all written Constitutions. It can be asserted by tbe down-trodden serfs of Russia; and any people on the globe, can revolt against their Government -raise up the standard of revolution and rally around it. If 1 8 6'

MISSISSIPPI CONSTITUTIONAL CONVENTION. theysucceed, they become founders of great empires-but otherwise, the consequences fall upon themselves. We are not denying the right of revolution, but acknowledge it; and the very terms employed in the ordinance, tend to recognize that we were engaged in a revolution-because we say that the ordinance of secession was "null and void." It certainly was so when the war terminated disastrously, and in my view, it was ab iniitio. Lastly: the gentleman has said that the terms, "null and void" are unusual in legislative bodies-that we are traveling out of the ordinary verbage, to bring in these'words. I admit, that when a mere legislative body attempts to do away with a Jaw, they do use the word "repeal;" but I do not look upon this Convention, in the attitude of a mere legislature. We aye dealing with fundamental principles; and this body is infinitely above a mere legislative body for, in fact, we have the power to sweep away every vestige of the Constitltion, and establish a new one, different in all its features. While' I admit, that whereas legislatures use the word "repeal," when destroying a law they wish to do away with-yet we may unquestionably use the words, "null and void." I am no great stickler for for mere words, except when those words are the representatives of substantial things, and I conceive this language rises above the dignity of any verbal criticism, and raises the question between ultra States Rights men, and those of opposing doctrines, who must settle that question according to their different opinions. I hope the substitute will not prevail, but the ordinance reported by the Committee will be adopted. - MR. JOHNSON, of Marshall-Mr. President:-All wise legislation must proceed on principles of mutual concession and forbearance. The highest statesmanship is distingtshed by a spirit of compromise. The adoption of this particular language is lioved upon such a principle. That this may be mo-re inanifest, I will call the attention of the Conveintion, to the fact, that they have three reports iromn this Committee before them. The Majority Report, which uses the language "-deelared null and void"-a Minority Report, by Goode and Cooper, which says, "declared to be henceforth null and of no binding force," and this, by my colleague, Judge Trotter, which simply "repeals and abrogates" the ordinance of secesion. Here all can meet. If the ordinance was really null and void, so much the greater reason to repeal and abrogate it. If there are any here, who consider that it was originally valid and binding-then there exists a necessity now to repeal and abrogate it. All concur, it seems, in the opinion that: it i now dead. For the strongest of reasons, it is now inoperative. In this respect, it is something like the discussion on a former lday, on the subject of slavery-all agreed that it was dead. 13 187

PROCEIEDINGS A.ND DEBATES IN THE Some gentlemen were very vehement iii their asseverations, that it was dead, dead, dead-a-id the only question seemed to be-who had kille(l Cock Ro bin? Sooe iusisting, as in the old rhyme, that it was thle sparrow, witlh his bow and arrow otllers, that it was the fly, because he saw himdie a nd others, again, that it was the imute aind harlmless fish, witli his little dish. A plan was hit upon then, and I hope will be now, to give or permit due weight to all these important means, so that all may be satisfied-so that those influenced by the ar guments of the nighty spairow, the (liscerni'g fly, anicl even of the loaves and fislhes, imay all concur in their vote. A great dleal has been said, Mr. President on the old ques tion of the right of secession, which I cannot but consider mis-timed, entirdely irrelevalant. No one, sir, ever contended, that. I am awaie, that secession was provided for in the Con stitution of the Uinited States. That would have been to pro vide for its.own destruction. And as to the language used by others-that it was a revolutionary right, this surely is a contradiction inl terms. To say that it was a violation-viola tion, matk you, of the Constitution, and yet a revolutionary right, is like co-ntending for the rightto commit treason, arson and murder. If it was not a right reserved to States, or to the people thereof, outside of, and above all Constitutions and compatS, whether leading to revoluton or not, it was no right at a,l, a;nd ought never to be spoken of as such, either to ffirm or deny. But as I said, this is all irrelevant to ttle question before us. Whether a revoltutionaLiy right or a right leading to revolution —lmatters little now. There never will be a: attempt to exercise it; we only now want to get the ordinance off the statute boors, and give it a decent burial. Decency, aye, sir, respect, in this proceeding, is due or State-due the distinguished citizens, who, whether right or wrong, believed they were right, and are elntitled to the meed of sincerity-is due our devoted people —duLe the gallant dead, and:dule to ourselves. Give us a little breathing timel gentlemen! -"some mollification for yotur giant,, over the waythere!" In the late proposition, (the Constitu-tional amendment,) passed onl yesterday, it was manifest, what unanimity a little concession could produice. Aneient:Pistoe never devoured his "leek" with more gusto, than we were prepared to swallow that measure. We only wanted youl to "silence the cudgel" awhile, and give reasonable time for mastication. So now, we ask you to yield a little to the prejutlices and feelings of this people. I respectfully submit, the words here used, "repealed and abrogated," are the most conmprehensive and conciliatory that could be employed. I. bjeect'to t-he langutage of the majority on another ground:.it does not' repeat 0r destroy tle ordinance,' but is merely de iss

MISSI55SIP1i C()NSTITUrIONAL CCNv'1'TION. claratory of opinion not that I think it incompetent, or entirely irregular for a bo(dy of this kind to use such a form; and in this, I differ slightly with the gentlemani fromn Lafayette, (with whose general vic+ws upon this subject, I most fully concur,) that such a style is peculiar to the Courts, and that this body has no judical powers. If I understand it, sir, this is a Convention of the people of Mississippi, and containsiii embryo, in idea, all the powers of Government, Legislative, Judicial and Executive; yet it is lneither, and is above them all. It is the State. Still, it is a Conventioni of limited powers, because it consists not of the people actually, but of their delegates, called together for specific purposes. The majority of the Committee, have also been inconsistent with themselvesfor in the same report, they reccommend the repeal of other ordinances, passed by the Convention of 1861-which were corollary to the ordinance of secession, and dependent upoi it for validity anld vitality. Yet, I have not risen to celnsure or criticise, but to endeavor to promote harmolny. The gentleman from Hinds, (Mr. Johnston,) deprecated the idea of Unkindness, or disrepect to any delegate of this Convention. I -did not so receive anything hlie said nor do I consider there is any unkindness couched in the words of his ordinance to us. It is not for ourselves, but for thie people, I am askingconsideration; foi? t}he 1,eopno f Qtl;;i ~t -,,,,~), 1!+h,,~1),~,ity, rarely equalled, ratifie(l and unheld bfor fouir years, this ordinance, which is now sought to be declared a nullity. Sir,. these remarks might be extended to any length, were I disposed to trespass upon the precious time of the Conveenition. I will only conclude as I began, with entreating them to harmony, and not to forget the dignity of the State of Mississippi, or their own; and that for these purposes, lno words are more suitable, thanii repealed and abl)rogatecld. MIR. BROWN, of Yalobuslia Mr. President:-I nev-er have believed that a State has the peaceable or reserved right t~ secede; and I am prepared on all proper occasions so to declare; and if, in disposing of the ordinance, now iunder consideration, I have to meet the direct proposition, whether a State has or has not the right to secede, I shall give lmy vote in the negative. But I hope we will not be required in Convention form, to expiress an opinion on the subject, because we are not required to do so fromn a sense of duty to the counntry. It will only be our collective opinion as individuals. It will not settle the matter, and can do no possible good. If this right does exist, or if it has been surrendered, it was. done long years before Mississippi had an existence as a State, done by' the people in the formation of the Union; and it is only for the highest tribunal of the people to decide whether that right was reserved or surrendered. I hope we may dis 1 8 "4

PROCEEDINGS AND DI)EBATES IN THE pose of this ordinance, without expressing any opinion ill re gard to what we conceive its validity to have been at the time of its passage. I think we should forbear this, in consideration of circumstances that have so lately tranlspired. In consideration of our conduct for the past four years, I should forbear in respect to the feelings and opinions of a respectable number of our fellow citizens, who honestly differ with the majority of the Convention on this subject. The distinguished gentleinan from Adams, thinks we should pass severe condemnlation upon this ordinance. He said, "yesterday we burried slavery, to-day, let us burry its twin brother, secession." Mr. President, I too, was at the burial of slavery, and participated in the imposing ceremonies of that occasion, and I there demanaded that the authors and perpetrators of that outrage and crime should be inscribed upon the tombstone. But "no!" said distinguished gentlemen, and the majority of this Coiivention. They were unwilling to wound the feelings unwilling to reflect upon the tender sensibilities of those who are our enemies and have never beeln our friends! Mr. President, secession is no more. To-day, we lay it in the grave-and here at the funeral, I only ask that forbearance for our friends that was manifested oil yesterday, for our enemies. I was there taught a lession of forbearance and charity towards my enemies; may I not observe it now that I am dealing with our friends? Secession is dead-let it sleep in peace-and let our opinions unexpressed, sleep in the grave with the dead. Five years ago, Mississippi called a Convention-in this hlall it assembled-its authority was as potent as ours it declared the allegiance of Mississippi absolved from the Federal Union the Government scorned its validity, and demanded back the allegiance., ississippi'as boldly denied that she owed it and pointing at the dome of Montgomery said: "Yonlder is my allegiance, and here, (haand on Mzs breast,) is my sovereignty!"' The clash of arms, and the din of war was te seqitel! For four years, aln astonished v-orld, ia brieatiless anliety, watched the doubtful struggle! It is over now, and fallen are the fortunes of Mississippi. But I, who have followed helr flag so long who was her companion in her majesty, and in the honors of her triumph-am unwilling to stultify Mississippi, now that she has fallen, and is in chains! Let secession sleep in peace, in the grave where we lay it. It was a child of our section-born perhaps in error-but reared, I have no doubt, with hitegrity of purpose. Let it sleep in pieace and let us cast no reflections upon the opinions of those who cherish its memory. It has been so lately, that we treated with feigned and slavish difference, the sensibilities of our enemies; let us have some little respect now, for the feelings of our friends. While we are attempting to conciliate 190

MISSISSIPPI CONSTITUTIONAL CONVENTION. Federal favor-let us also try and conciliate the feelings of our people at homne. Let us seek now for unity of purpose, and unity of effort in the great work of reconstruction and recuperation. MR. JOHNSON, of Smith-I-Mr..Resident:-I thought that if any one question had been settled by the war of the foul years past, that of the reserved and Constitutional right of the secession had been. It appears, however, that other gentlemen do not so regard it, but desire to leave it as an open question for the consideration of the Supreme Court of the United States; but how it is to get before it, I am not able to determinle, and do not believe it will come up there. One gentleman insists that if the Ordinance of Secession is a nullity, and not binding, because the State had no right to secede, it yet had some vitality, as a revolutionary measure. But it was not passed as such; but as a measure which the State of MIississippi had a right to pass it being insisted that the State of Mississippi had a Constitutional, reserved right to pass the ordinance, dissolving her relations and connections with the United States Governm-ent-and it is in this sense we have to treat this Ordinlance of Secession. and not as a revolutionary mieasure. I take the position that the Ordinance of Secession is a nullity, and if it is, there is no reason why this Convention should'not treat it as such. There is nothing undisguised in our adopting an ordinlance, declaring the fact; nor is it any discourtesy to any gentleman, who formerly entertained, or mav now entertain different views onl this subject from those who occupy seats in this Convention. Is the Ordinance of Secession a nfllity'? I do not understand that the report declares it a nullity ab' initio-though I believe such was the fact but simply declares that it is'null and void." According to the amendments adopted by the Convention, to the Constitution, which passed the Ordinance of Secession, certain officers in the State of Mississippi, were bound to take an oath to support the Constitution of the Confederate States and of the State of Mississippi. Is there ant vitality in that provision? If this ordinance,'abrogating and nullifying the Ordinance of Secession, should not be adopted by this Convention, would the officers specified be required to take this oath?- I say not, because this was done in support of the Ordinance of Secession, and therefore this ordinance has no binding force. Suppose this Convention should not nullify or repeal this Ordinance of Secession-what effect would that have -upon our future-would it at all change our relations to the United States Government? If this body should dissolve without having taken any action of this character, and our delegates be elected -woutld this want of action be any objection to their 191.

1PROCEEDINGS AND DEBATES IN TIIE beiing admittecld I say "io,"-because the Orcdinance of Se cession is a nulllity, with no binding force whatever. And I see no reason to declare that which is certainly the fact, that it has no binding force or effect. Mn. YrRGER, of Hinds —3ir. President -A sense of duty impels Ime to object to the report of the Miilority. If I could so, consistently witlh priuciples whichl I alway-s enlteitailn, and consistent with the oath whicl I have taken to supl)pot thle Constitution of thle United States, by so doingo, I couldc save the feelings of any minemeni)r, wIi(,t the same time-, doing no hlarm to thle State oF',ouiintry, of w-hich I am a citizen, It would afford Inme pIr tre; Pbut havinug fixed and dellned opin ions on the subject- -)pinions lon( entertained, and Nwhichl the events of the past fotl years hlave graven indellibl) upon my mnind, I cannot, without self-sttiltificatiion, adliere to the propo sition contained ijl the Minority Report. The repeal and albro gationl of a law, by necessary implication, admits its prior validity; otherwise there would be no occasion 101 repealing anda.brogatitg a law; whlen therefore. I should undertake to vote for,q. pro)osition to repeal and a-)rooate tIle Ordinance of Secession, I wetfl( necessarily ilalply, ccord,ino to all legal eon1strLuctioi, that there had(l been a i )eio(I of tinie, at which, il my judgement there was validity and force in the o<rdiinance, which we seek to repeal and abrogate I cannot, sir, consistently with the principles which I have long entertained aud which have been established beyQolnd question-it seems, to me, by the past four years of war-suplport the MIinority Report. How do we sit liere —under wlhat circumstanc,,s are we conveined? The President of the United States, acting in the iaime of the people of thle UiLnited States, and under the Constitution of the United( States, las declared that all the official acts of all the offlicers, appointed b)y the State of LMississippi, nideri the Ordinance of Secession, were null and void, and tiey laire all been set aside and treated as mullities, by the ('overminent of the United States. So treatiln(- them, the ?resiident of the United States, for tLhe purpose of restoring the relations which have formerly existed between the State of MIississiplpi, and the Federal Government, appointed a Prorisional Governor, foi the purpose of convening an assemblage of the leople of the State of MIississippi; and in doing so, lihe iroeedeLed upon the idea, that the acts which had taken place iider the Ordinance of Secession, were nullities-and, if they were uliot, we have no business here. When we came here, we took an oath, to support and maintain the Constitution of the United States. Under that vote, I am constrained to vote, according to the opinlions which I entertain, in reference to it -that the Ordinance of Secession was null and void. I can 192

MIISSISSIPPI CONSTITUTIONAL CON\-ENTION. not d(o otherwise, aid not violte the oathl which I hav-e taken — because I ai satisfied that there was no power existing iii the State of Mlississippi. i:i the vear 1861, or at.any other period of time after slhe was a membeil of the Federal Union, to secede and( withdraw fiioi that compact, and that the act, being done, was under the C(onstitutioii and Laws of the United States, "null and void." It is said I)y gentlemen, that there is -a rilit of revolution; that there is a revolutionary right; and that when we speak of the rights of revolution, we do not speak of Constitutional rights. VWhen we speak of' "revolutionary rights" we speak of the natural right, which a people retain, outside anid above the Constitution, to relieve themselves fromn an oppressive Government, whether it is a Government operating under Constitutional fobrms or not; and that the party who undertakes to exercise thlat natural right, exercises it at his peril. If successful, the Goverinment which is established by revolution, becomnes a. mnembier of the States of the world; if unsuccessfil, the parties who attempt it, are rebels, according to the Constitution and laws of the country, froni which they sought to separate themselves. When, therefore. men say there is a right of revolution, thiev don't iiiean to say by that, that there is a right recognized by the laws of the country to secede from it, and witlhdiri from it; but there is an inherent righit, whliclhl vou can exercise in withdrawing fromn any Government. I hav e now, as a citizen of the State of Mississippi, if I believe her 1laws are oppressive, injurious and tyrannical, and that I am uLnable to withstand them, and mainaitain my -dignity, self-respect, character and liberty, under those laws, I have now a natural right, md if I had the power, I coufid assert that righlt, and establish a revolutionary Government here; but I do not derive it -uinder the ConstituLtion and laws of the State- and if I was to persist, and set ulp a revolution, it would simply be "null and void,' so -ar is tlie Constitutioi and laws of this State were concerned. We do inot, in the slightest degree, impeach the integrity of the (entlemen who -voted for the Ordinance of Secession; fobr they took their action, I believe, upon their conscience, holding themseTh-es responsible to God and the country, for the act they did, I accord to) them, siicere purposes that sincerity of purpose, and integrity of conduct, which I cairn ior myself, :in the opinions and acts which I express and entertain. I do not seek, in the 4lightest degree, to cast imputations upon the mnotives of men, foi their conduct and practice, I know that many, if not all of them, were sincere in the opinions which they entertained. I differed from them then; I differ froma them now; but in that difference, I reflect upon the motives of no man. I do not evenii reflect upon the conduct of any man, 193

PROCEEDINGS AND DEBATES IN THE believing that the last four years, have shown that those geIn-. tlemenl were earnest and sincere-that their opilniolns were the honest opinions of their hearts; and that as far as they have been enabled to so, by arms, they have carried out thieir coln victions. I do not reproach them-no man should, The suf feriugs and privations though -which this country has passed, in the last four years, should serve the purpose of wiping oout forever, all past differences, and past animosities, upon this question of secession. Let us begin anew! Let us start anew! If any of us were wrong, in the past, let there be thrown over that the same amnesty, the same act of oblivion, which the President of the United States professes and gives for acts done against the Goverinment of the Unlitedc States. But while we do not hold them responsible in a political character, for the past, nor load them with the results of their conduct, and the consequences which have followed from their acts let us not at the same time, go forward and stultify our own opinions, by yielding on a question of courtesy, a matter of Constitutionlal law-a matter of absolute principle, without an assertion of which, we have no business here to-day, and should retire home. On yesterday, we voted that the Ordinancee of Secession was a nullity, so far as the effect was colncerned, when we ordered an election, for the purpose of filling offices in the State of Mississippi; for if it had not been "null and void," the officers elected under it, were officers of this State; but their offices have been vacated. Now, there is no reason for any sensibility upon the part of gentlemen on this floor. There is no reason for sensibility on the part of any citizen of this State. After the act of secession took place, almost with one accord, the people of the State acceded to the act, which was done; and if the gentlemen, who passed the Ordinuance of Secession, were wroing in passing it, all the citizens of the State who upheld or sustained them in their action, have been guilty of an equal crime; and if there is any man here, who is not guilty, let him throw the first stone at the gentlemen who passe(d that Ordinance of Secession. We do not blame them now for what they did in the past, acting under their oaths and consciences; although we believe that act without Constitutional law, and voict; we accord to them, a belief of sincerity and truth, in the opinions they expressed, and the act undertook to perform So believing, let that not, for an instant, be imputed to the gentlemen who fought against them, or to any portion of the people of the State, a desire to reproach them for their acts, in the past. The President has offered amnesty-an act of oblivion, for that which has been done; and we, as fellow-citizenls, although we may have differed from them-can do no less than in our political, private and social conduct, to give the same amnesty, 194

MISSISSIPPI CONSTITUTIONAL CONVENTION. the same forgetfiiess of the past; but, as J said before, unite with them; and as good citizens, determhie ill future, disregardg the errors, heart-buruhigs and animosities of the past, to work together with one accord, to restore civil Government; to restore peace and order; to restore permanent prospenty and happiness to the people of the State. iMn. Browx, of Yallobusha —ir. President -I merely wislt to state, that if the direct proposition before the House waswhether the State has a right to secede, I should be compelled people. Ma. HUDSON, of Yazoo-MIr. President:-I amn free to say, that, in my opinion, there never was more huinmbuggery cointained in two words, than in those of "peaceable secession;" and in so saying, I represent merely my individual convictions upon the question. It has been said, that secession, like slavery, is dead-very dead. That mnay be true, and it may be the disposition of this House, to go further, and bury it like slavery, with its face downward; with the inscription on its back:-"no resurrection " —lut, the question presents itself to my mind, whethler it is judicious or politic to do thlat. In the county which I have the honor to represent, this question was not discussed at all, and while I, as an individual, shrink not fionm an assertion of my opinions, or the maintenance of those opinions, when called upon to do so. I do not feel that I have been sent here, as a representative to assert whether the Constitutional right of secession, did or did not exist. As has b)een said of Billy Pringle's pig-so it maybe of secession -when it lived, it lived in clover, and when it died, it died all over-or rather, I would say-when it lived, it lived, and when it died, it d(ied a bubble. We have been sent here to harmonize our relations with the Federal Government-would it not also be politic to harmonize our own people, when we have an opportunity? The action advocated by some gentlemen, is, as has been said-putting the seal of condemnlation on the action'of honest and respectable men, declaring that they were revollutionists, transcending their power. I do not see the necessity of doing this; nor do I believe that we have been convened here for the purpose of passing upon that question. This Ordinance of Secessionl, is regarded in the eye of all, as mere rubbish upon the statute book, and the only question is-in what manner shall we dispose of it-shall we notice it at all? I want it distinctly understood, that, although I believe there nlever did, andl does not exist, a Constitutional right of secession-any vote, I may cast here on this subject, will be s mere expression of individual opinion. If, however, 195

1IPR-O(EE)IN(;H \NIl) i)EATL IN TIlE we aire to dispo)se of this -ordinance, let 11s do it ill Such a m,'caiher, as to cause the greatest good feeliua', and harimuony- among ourselves. Ill 1851, a Con-veutioni of thle daeleaautes of thle people of Mississippl)i, deelared that nlo sieh righlt existed; l'riile in 1861, anothler Convention of delegates, chosen 1)by the people, and with expressed reference to this one point, declared the opposite doctrine to be the true principle. It is then the right of the people, through their delegates, sent to assert at various times, the opinion of the people; )ilL now there is no necessity of this Convention, announcing an opinion, one way or the other. That beingo ti-.P ease, can we not harmonize pl.ur own people, and bring ourselves into one common brotherhood, by pronouncing the Ordinanee of Secessioni, repealed and abrogated. I beg that in the name of common brotherhood and humnanity, nothing shall be done by this Convention, to reflect, even infeirentially, )ain upon the honesty, wisdom and integrity of those who lhave preceded its, in action ol this question. ~-Ir. IHARILISON, of Lowndes, —Ir. President: I move to strike outt the world a'arogated' and insert instead the words, declared to b)e of no force and effect.' I hold the word repeal," to be proper, for it is unquestionabl)l the word ihlwavs used by the law books inI questions of this kind. tand( is used iln -)othl the 3NIinority and Iajority Iteports. I do not agoiee entirely with the report of the majority of that committee.'The ( doln't propose to repeal the Ordinance of Recession at all, /T,t simply express the opinioni that it was null and void. As I understand, the CGovernment is divided into tliree orand depa,rtinents -tle legislative, execetive and judicial. It is the part of the legislative branch whethei asseimbled i convl uentionl or mere legTislature to pass laws; it is thie pait of the courts to pronounce upon the legality of those laws; but what is done helre? In the report of the Mlajority of the Committee, they siinplv, in relation to tile great question of Seeession, (declare that ia their opinion it is -?"?'/l??, f, oi," and then recite tweenty-six different articles passed by that Convention, anvd iCccd them every one, except the Ordinanee of Secessioni. It is stated in the proclamation of Governor Sharkey, our Provisional Governor, that the Proclamation of the Presidenit of the United States and the laws of Congress passed upon the subject of emancipation atid slaveriy are assumed to be legal —a.nd or why? Until they are adjudicated and proved to be otherwisec; and so every enactment standing upon your statute book is pre8?smedl to be the laws of the land. In what a dlilema do we place! ourselves! We leave this Ordinance to stand, merely declaring that, in our opinion, the matter is' l);

311S HISSI I1qI (:O)N$ITiTUT;(LNA I CN ( V -N ) ION. 1 ) ii tll alndl oi(l. Ie wll Aot uindeirtaie o repeal it. I hold( that of all the lasis i1n tte -o1(.1 l re otlto-lt to repeal this unconstitltiona1l oirdi,le. anl ot 11llow- it to stand u (pon1 orl' statutttc t)o( as, l- e:l /b/ tli( law of the lland H)lt insist tihat the lanig'g'c w-ieli- I I-ia-e just used, is the al)prpo. priate lmodcle of expression. I hold. ther efore, that it is iiecessal-, and 1)ecomiingo, and proper in us to repeal this Ordinance, and not allow it longer to remain, for good or evil; and I think that gentlemen who cannot stand by the language which I have suggested for the disposition of the Ordinance, must l)e exceedingly technical upon the words iiull and void." This language does not import that that was the case, but the expression is so general as to offendd no oiie -o'iving 11o definite opinion at all. I do not hold that because we say the Ordinance is repealed, and then say it is of no legal force and effect, that it is Constitutional and has legal force as such; but I hold that the word " repeal" is the proper one for the abrogation of both constitutional and unconstititional enactments. I think, then, that we could all fairly stand upon that. In the case of the proposed amendment " to amend the Constitution of the State of 3iississippi, ill certain particulars," the Committee proposes merely to repeal it, and ino' consider it inull and void. Several other amendments are then proposed, to be effected through the use of the same language. I ask, then, why these distinctions are drawn, and why the Ordinance of Secession is declared "n ull and void," when the word " repeal," is used in connection with the abrogation of other acts? Most unquestionably these last were intended to carry out the end, object and aimi the parties passing the Ordinance of the ninth'day ot January, had in view; and so in regard to certain other ordinances which follow those I have referred to. I hold it to be clear that if these ordinances are bad in part, they are so as a whole, and(l that they must all stand or fll to(gethlier. I shall, therefore move, at the proper time instead of adopting either of these reports, to repeal all these Ordinances, and state in general terms, that not only is the Ordinance of Secession repealed, but to include all the rest, because, if the original Ordinance is void, I cannot see how the others are to be sutistained, and I am not willing to declare the principal one'"null and void," while repealing the others: when we say they are repealed, we do not commit ourselves as to whether they were constitutional or unconstitutional, but say that reasons exist to satisfy this Convention of the propriety of striking them from the statute book. To avoid any difficulty, I propose to insert words declaring all these Ordinances to be of no force or effect. I desire l)7

PROCEEDINGS AND DEBATES IN THE harmony, and that in relatioln to everv subject coming before this Convention, we may act together. ,TR. JoHNSON, of Marshall: So far as I am concerned, Nfr. President, I accept the proposed amenidnent.with a great! deal of pleasure, and thank the'genltleman for his suggestion. MR. MARTIN, of Adamns -Mr. Presidentt: If anything has been settled by the war, fiom which we have just emerged, it seems to nme, that the doctrine of secession certailly has been. I opposed it, with all my energy, in 8518; aindin 1860, opposed it withll such pertinacity, that I was accused of being unfaithful to the South, and not fit to be trusted. I was sincere, for I believedl, that a Government of States, held together only by such a "rople of sand," as many of our politicians represented the Constitution of the United States to be, would not be worth preserving. The right of secession is antagonistic to the true theory of our Govermjnent. It does not it ought not to exist. It was disputed in arguiment- and if it ever had an existence, it perislie-d in the clash of arms. There is, however, a remedy left us, against oppression and wrong in thlose who hold the reins of power. It rests in the exercise of that right which Constituttions do not give, and cannLot take away-the right of Revolutions. I would have nothing to do with that kilnd of revolution, called secession. Sir: in the future, if secession should again )e proposed, as a peaceable and Constitutionat remedy, as it was in 1860, let no sad mistake be made, but let us all understand that it means revolution, war, exposure, discase anld death; that it means destitution and want; half rations, anid no rations at all; that it means long, weary marches, by day anid b)y niglht; allthe hazards and privations of the campl) and fiecld; that it means the risk of property and health, and the exposure of all that we hold dear, to the chances of war. Such risks have no terrors to appal the man, who is dleterlmined to be free. Never again, may it happen, that any of our people, shall rise in armed resistance to the Government, till, as olne man —knowing all, daring all they sternly resolve, that war, withl all its dread concomitants, is better than submission to the wrongs they suffer! Then, when all who engage ini the struggle, offer upon the altar of patriotism, ease, comfort, wealth and life itself-resistance will be crowned with success, and tyrannylv be rebuked. The Ordinance of Secession, was an act of revolution. As such alone, I was willing to fight, to sustain it. When the war of sections began, all my sympathies were with the South. HIere I was born, of parents of Southern birth. There is no blood in my v-iens derived from a Northern source. Four generations of my fathlers lived and died slaveholders. I believed the, nee.go was intendecd to ble a slave. I did not hesitate 198

MISSISSIPPI CONSTITUTIONAL CONVENTION. to join my people in arms; but I did it, knowing that I was aiding an attempted revolution; and was risking all I had, and making.me and mine liable to all the evils that war could inflict. I trust that the Government may be so administered that Xebellion may never again be necessary. But if its exactions, its insults or tyranny, should demand of us, to take our lives in our hands, and risk them, and all else besides, rather than submit to wrongs that freemen cannot bear, I do earnestly hope, that none of those who would persuade me to resistance, may fail me in the hour of need; or may attack me in rear, by discord, by dissention, by unmanly complaints, by speculation, and by acts and words of selfishness and discouragement, while I am fighting the enemy in front. It is dangerous to entertain the idea, that in one Governmenlt, there can be such a thing as peaceable secession. It is as dangerous in Government, as inl marriage relations. It would invite dissolution, and cherish discord. It is daigerous, because men were deceived by it, in the fearful ordeal though which we have passed. If I had ever entertained it, this war would have eradicated it. When, after four years of active service, in the field; after our depleted armies, had performed prodigies of valor; and call after call was made iln vain, for men to fill the thinned and exhausted ranks; in the saddest hour of my life, I, with others, was called to surrender. That which stung me most, was the reflection, that I had risked and lost all, save honor, in a contest, not inaugurated by my assistance, from which so many thousands were absent, who had recommended the peaceable right of secession. If we had been wise, we might have forseen the consequences of representing that any dissolution could be peaceful. When the war actually began, and the stern reality was felt, it was seen, thlat the pleople were not prepared for it. Thlen we heard it said: "we were told that secession was at )e,ece(eble remedy, and that all would be well, if we would but assert one of o,,ir rieserved riyh(ts." Let us, sir, look to it, that no such mistake be made in future; mistakes to be atoned for in want, humiliation and sorrow. In the midst of our late conflicts; even when victory perched upon the Confederate banner-for we had our days of triumph -there were many among the most sanguine, to whom these questions presented themselves: "what is it at last, that we fight for?" If, after so much sacrifice of treasure and of life, we are successful in maintaining our independence, will our Government be one to protect us permanently in the enjoyment of life, liberty and property? Or will it soon be wrecked, since its Constitution, by affirming the right of secession, provides for its dissolution?" We can now only speculate upon 199 ;4k.

I'fO(;EE)l)IN(;,I ANI) II),IA'1'ITI IN Tll what would( Ihve h be(ied tihe restlt. As ifol- Intself, I never could reflect tponf th-at clluse in the C onfeleaite (Colistittitiol witholt (is(qlietll(lte. I (lid not intell(I to cllnt(i ilito -ti argJllnleint til)0o the qtlues tion. If recent (events lave not arnguced and settie(d it. I may well be silelnt The q(estiolls,oTllowi' c()t of slavery, are iiow l)assecld b)e yond discussion inthis:.asseml)ly. In iny estimation, the miat ter now h)efore us, fair transcends in importance, ap othlers we may properly consider. If we sincerely desire to restore, filfly and comp)letely, our r'elations with the~IFederal (Govern menlt, and to nmake our Unioii peaceful and p)ermanenit, there is no act by which we can so well manifest that sincerity-or that will go so fitr in coinvuicing all men that we are in earnest in what we are doing alid that there is no lurking intention, to violate our pledges, as by solemnly declaring our convyic tion, that there is no such Constitutional iright nIo such re seirved right, as that of Secession. -MR. BARR, of Lafayette, -Ir. President:-I desire to offer a word of explanation. I did not state that I, myself, believed secession to be aI reserved right undler the Constitution of the Uniiiteld States, or that I did -ot believe it to be. As I made I10 sneh qtles tion, I do not now deem it important that this body should kinow myi views upon thlat sublject. I nmerely sl)oke to the propriety of llsilng the words "n iull and void," in this Ordi niance, i-under all the circumstances: I intended, Sir, to say, that by the use of those words in that document, thl-e direct question was raised as to whether it was a reserved rlight or not. I nmeant to say, that in no sense did I believe the Ordi nancee to be a nullity." Manaifestly, if it is a reserved right, the Ordinance is not a nullity; if it it is not a reserved right wihy, thien, what is the Ordinance of Secession? What was the object and tlurpose of that Ordinance? It was to divorce the State of Mississippi from the Governmenit of the United States, andl assume her indepledent, sovereign posi tion-the same as she occupied-and the same as the old States occupied, before they entered into the compact called the Constitution of the United States. It was, to all intents and purposes, the same, in effect as the Declaration of Inde pendence declared by our ancestors, when they proposed to cut loose from the Government of Great Britain; and I insist that whether Secession be regarded as a reserved right or not-whether it be a truth or not-that Ordinance stands here as a solenm declaration on the part of Mississippi, to divorce herself from the Government of the United States, and assert her independence. Then, what does it amount to? It amounts to nothing more or less than a simple declaration 200

M1S ISSIPPI CONSTITUTIONA,L CONVENTION. on the part of M1ississippi, where1)y a le'volutioli was inaligu rated. How could the revolution have commenciied, without some action onI the part of the State? Can it be supposed, Sir, that we would have spontaneously g'ot togoethier and taken up arms against the Government of the United States, with out any Convention, without any consultation, or without any solemn declaration, like that contained ill the Ordinance of the ninth of January, 1861? No such thing ever didi occur in the history of a civilized people. There must have beei some form of proceeding by which the revolution was inau gurated; and if gentlemen deny the right of Secession, here stands a Convention of the people of MIississippi —a consul tation of the people together —the result of which is a solemn declaration by which they undertook to divorce them selves from the Government of the United States, and set up their independence. What is that but a Declaration of Inde pendence? and what is that but a revolutionary act? and what is that but a solemn act by which the State undertook to inau gurate a revolution? Thsis Ordinance does raise the direct question as to whether the right of Secession exists, which I desire to avoid. Themre are irreconcilable differences of opinion among our people, but I believe no man will endeavor to strive for that right -or. b tri ter(:,, ten q.s+'1 Iis. been decided against us. All parties know what those who believe in the right of Secession must expect, if they undertake to exercise that right, and I do not have anlly idea that any party will attempt to again exercise that right. While I declare that the language used by the Committee does raise the direct question as to the right of Secession, I, . at the same time, contend that the use of the word repeal," does not do so, because that is the appropriate and peculiar phraseology of legislative bodies, for I insist that this is a body —legislative in its character, (though not a legislature,) and that it is not to occupy any other'character. It is not a judiciary bodyv —but those words, "mnll and void," are peculiar to Courts. If this Minority Ordinance is passed, no questions will arise as to whether that Ordinance of Secession ix a nullity or a right, because in the history of legislation, in every country, the word "repeal" has been invariably applied to abrogating an enactment confessedly unconstitutional. It was applied to the M3lissouri Compromise Act, which. the Supreme Court decided to be unconstitutional, and that was the reason why it was so applied. Therefore I say that no inference can arise that, by using this word, we mean to say that the Ordinance of the ninth of January, 1861, was legal and valid. The adoption of this word " repeal," commends itself, 201

PROCEEDINGS AND DEBATES IN THE it seems to me, to this bQdy, because we thereby escape all controversy between those who believe in the right of secession and those who deny that such a right exists. We should strive to avoid the raising of any asperity in the minds of the people of this State, because in our present condition we have no strength to expend and we should act in such a manner as to ensure harmonoy of action in our efforts to restore ourselves to our civil privileges. It seems to me that the Ordinance reported by the minority of the committee does not raise any question, and tliat the adoption thereof, will have the desired effect to which I have just alluded, as being so essentially necessary in the present condition of this State. AIR. STONE, of Copiah,-Mr. President: I regret exceedingly that the report of the Committee should not have been couched in such terms as this Convention could have unanimously accepted, and as would have avoided the possibility of the spread of criminiation and recrimination throughout the land. I was in hopes that some plan might be adopted by which the Ordinance of Secession might be repealed, or stricken from the statute book, so that every man mnight be left to enjoy his own opinion in regard to the constitutionality' or miconstitutionality of that enactment. I believe that a State can never be guilty of rebellion, and that rebellion exists in a different form of government from that of a republican one; but the fact is that a Secession took place, which I think might probably be possible. I can well anticipate what will be the result of this debate here, and the regult of the adoption of that report of the Committee which purports to be the Majority Report; for I. under**nd the vote stood seven to seven, and that the chairman had the casting vote, so that there was but little diff,erence of opinion. iNow, I agree with the gentleman trom Yazoo, [,Mr. Hudson] that we should do nothing here which would have a tendency to keep alive anything of rancor in the community among which differences of opinion prevail in regard to the right of Secession; but that in regard to this matter the Convention should Hand to by its action, and ensure harmony among the people of this State. I wish to say a word upon another subject which I deem very important. Gentlemen talk about rebellion and secession. What is the difference? Whichever term we may choose to adopt, the action was inaugurated by one piece of paper first, and results in the same thing. The document was harmless up to the point that the clash of arms took place. War was the, result, and the people of this State, almost unanimously, (so far as I know) went into that rebellion, secession, or war, and fought it out bravely. 20-2

]IISlI',IPPI CO'3TIr U'i IONATL CONVENTION. I Xregret to hear so muceh said about rebellion. If I understand anything to be a principle of law, it is this: That a -rebellion, although at first it may not be greater in force than 5s a elopd in appearance as large as one's hand, if it rises to Ithat magnitude and becomes such in its dimensions that it requires the opposing party to acknowledge the rights and civilities of war, if that pseudo rebellion arises among one [people, then it is called a civil war, and all those engaged are b)elligerents. Was ourI late struggle a civil war? I call it so, and one of gigantic magnitude. Holding this principle, I wish to call the attention of gentlemen to the fact that there s,ire thousands of Mississippians now absent from this State, vwho have been driven from their homes into exile. Now, if we were in rebellion, wheniiever these put their feet uIpon the soil of Mississippi, or of the United States, they are to be treated as traitors and liable to the penalty of treason, which is death. I wish to avoid this dreadful consequence by de.laring our late contest a civil war, and viewing it as carried on between two independent nations. According to all law writers, it was not a rebellion, but a war, conducted as if )etween foreign nationalities, on account of the exchange of prisoners, the cartel, -and the flag of truice were acknowledged, tad as can only be the case in such a war, and which, upon tthe establishnient of this principle depends the life of Jefferson Davis, and the lives of hundreds and hundreds of Mississippians who were forced to abandon all in the State of their birth, and are now absent from it. Shall we, at home, who have had mercy extended to us, who have taken the amnesty oath, and who are assembled here to-day, adopt a I)roposition which will ihang every one of our former citizens at present sojourniing in other countries'. I do not think we ought so to do. Let rebellion, secession, and everything of that kind go to tlie (dogs,', as,:me the )os;.ton wh-Tch the Federal Governlment has atlieady virtually assumed, —-that we were engaged ill a civil war, and it ecamot assume this position for one purpose, and deny it for another; and although it does so, I suppose, in order to bring about the very thing we are here assembled to do, I do not believe that when the question comes up for trial, that even Chase himself will dare to assert that right. When MIr: Davis, and those other individuals now in prison, are tried under the laws of the land, I desire no better opportunity for the salvation of their lives, than that they be tried in the civil courts of the country. The Court will then instruct the jury that they are to be governed by the law that insists we were engaged in a civil war, and are now entitled to all the amenities and privileges of those thus engaged. I therefore hope this idea -of secession and rebellion will be thrown aside, for this 14 0 S03

PRP,OCE,EDIN(-aS AND D1)EBATES IN TIIE Convention has nothing to do with it, and that we will take such measures as will protect our citizens in future, wherever they may be. In New Orleans, a few weeks ago, an individual was brought before a civil magistrate, charged with murder, in having shot several deserters from the Confederate service. It was proved that he had a commission from the Confederate Government, to arrest and punish the men in question, and therefore the Judge, deciding that we had established a government de facto, permitted the man to go scot free. When the Courts have, according to the law, thus decided the principle, shall we, by our action, consign hundreds of our fellow citizens to felon's graves? I wish to hear no such doctrine talked here! Let us thenr not do any act which will again enkindle feelings of animosity and hatred among this people. Whatever action we may take in regard to this question, will not affect our relations with the Federal Government, for we have already accomplished the object for the performance of which we were assembled. I therefore hope that the amendment offered by the gentleman from Lowndes, [MIr. Harrison] will prevail, as I see nothing in it casting any imputation upon any one, while it leaves every individual, whether secessiist or anti-secessionist, to form his own opinion upon the whole matter, MAl. I'PLYTON, of Copiali,-Il'. President:-I did not intend to enter into the debate upon this matter, but the remarks which fell from the lips of my colleague, [Mr. Stone] make it proper that I should express my views on this subject. One would infer from the remarks of the gentleman, that the action of this Convention would affect the condition of persons now il duress, under the authority of tle United States. Thie question of our! lawiug had. (Ce factc Government, is not that now before the Convention, but it is, whether the act of Secession was a valid, constitutional act, or whether it was void, without ay reference to the result of the war. Now I have long since concluded to follow my own views of right and wrong, without reference to anything my constituents may think, and I take the responsibility of saying that I do not belie-e that act was valid, and that there was no authority under the laws of the United States recognizing the right of the secession of a State from the Union. I shall, therefore, cast my vote against recognizing, in any shape or form, the validity of that Ordinance. If the principle of Secession was incorporated in the Constitution of the Confederate States, it would have been a misfortune for us to have succeeded, for then the Constitution contained within itself he 20.1

lISST' SItIn cO)N T'ITtUI()N',~ i,'3N'. X \'TION. gem of its own destruction. I,j:ot, therefore, but believe that in endleavoriig(r to secure: recognition of our formner political and civil rilhts hiere,,e should say that that political heresy has not aIn(l never ha:y validity in the State of Mississipl. I wish the record of this Convention to show that we entertain the opinion that t: Ordinance of Secession was void —not on a;count of t -, resutlt of the war or revolution, b)ut al initio. I believ e t';,a; the word " repeal," wouldcl intimate that it had, at some Ferio(, v alidity, and I thili: that the fact of our ent.ertaniti- t.}at idea would prejudice our cause at Washington, fAorir:7 s it would a pretence onl the part of the Republlicaii I.y o our exclusion from Congfress. In regard to a rebellion b:i::' vitil war,-thlat word "peaceable" Secession, was what 1:::k with the masses of the people, and if they ihad st)ppO'e(". tat our separation was to have been followel b-y war, t'l(r would not have been a corporal's guard to have voted it; but they were made to believe that it was a legal, constitutional right, and were delighted at being fieed from'Yakees." But immediately afterwards, came the conscript ti.iw u antd(en I dare saythere was not a corp)oral's g)'uard.i..,; the county where I reside,-woiuld lavc l ote'l aielC,SeCessio?. Tliougolh believing' at all ties t,laa t,her:.9,:i:-..'t of revolution whenever a,-oveinurn ent becomese I b(esoinably oppressive -- whether the Constitution o. r-ed that doctrine or not, I have, therefore, no doubt t' mt vmy ote will represent their sentiments as well as my ownD altlonl I have had 1IV gen.eral discussion with my conistitu th 1et I Jbelie e that the people elected tei, i, te o tiliS Coli ention, witn retie ene to ieir i:,r j;2meiit, intelligence and ny n i~ i. 7 i i'.; Z, t. i ) eli bilg tha. ". they wouldl standt upt for I titeir rYli-ts far as possible. I apprehend t iat. situents will not coinplain therefore of any -ote r': iii- o may east in this CoaTention. AIR. HALL, Of Covington, —,3IJ.. -'resident:-I only wish to state that I shall vote agaiiLt t)i,e report of the Miinority. I believe, and do now believe, ihi Seeession as a nullity, unconstitutional. I look upon; s a grievous sore whichl has afflicted, incalculably, the iaeole, and I am not nlow it favor of applying any emollie.ts~ I shall therefore vote for the Report of the Committee of Fifteen, and in so doing I feel that I assume no respon-iility, but am willing to answer to my constituents for w- hat I do in the premises. Inl 1861, they were all Secessionists- -nade so by politicians, who told them that Secessiol' w:' -.. be peaceable, and that it was a constitutional remedct;.. the results of this war 205

PRIOCEEDINGS AND DEBATES IN THE hlavec convincecd them of thle error of thleir iews, and I have no doubt that they will sustain me in my action. NIiP. HOUSTON, of 3Ionroe, —Ir. President:-Thei'e is a discussionI, it seems, iii regard to what all parties might corle together on. I do iiot understand that the Ordinance, as proposed by the Committee, unl(ertakes to say that the Ordi iiance of Secession of the ninth of January, 1861, was null and void, at that time, but only that at tthi' time, it is so. Now, sir, if a statute passed by the Legislature was regarded as being illegal andcl unconstitutional, and we should apply to the courts for the purpose of establishing the fact that it was unconstitutional, and the courts should determine that such was the fact, then that would be null and( void, because of that decision. In ancient timies there were two modes of appeal: one was by appeal to the law of the couiitry,-whil; the other was by an appeal to arms. One was by wager of law; the otlher was by wagera of battle. Now we agree that if this ()Oriinance of Secession lhlad gone before the courts, tand they had declared( it to htav-e )een null and void, it would $so stand lre to-(la-. ln this case, however, we did not alI!)eal to t:te law b)utt to a (lifclireiit arl)itrator-to a different I)atry —to a(juldiccate this questioll, anid that party was the bayonet alill tle -s01ord. A\-hiat has beeii the result? What was thte (testioiI at issue It we had a legal and constituti'oial right to secele, thein the other party, the Government of the n State s lited o1 power iand iio ri(hlit.-1o cor:stitulti()ol'la powe:r, —to bi(e its back. But we appealed to a dlifferent arbitirator, as I hItiave said, and the question was d4eci(led against us. Tlherefore, I contend that that Ordinance ,of Secessioi —ttle (fuestion at issue —has })een declared, b.y Itie hgli'est atrlitratoi kiinoit to iman, to )c null and void hie Comm0nittee~.says that tiis Ordinance' is hereby declared to be null and o(id.' Not thlat it was null and v-oid fro,i the tine it, ias passed1 or -attenipted to l)e passed, })Tit that now, ant t histi, it is "uc' adid void.l" It has iJe ri cndered so 1)y the ela sli of riis, )s y thle disastrous war we have just i)asse(I thii()-tI'}, Ald whatev-ei we mav say to the contrary, thlis is the t!It:d t we mal as well so declare it. Gentlieiint +ij,k wie are attempting to stultify the Convention that met iii 1861, i)v the action we are about to take in deelaring that this Ordiancie is now inull and void." There are one of two thin's I ha,ve to do'l here to-day, as a delegate to this Convention. I shall have to stultify myself and the former course which I have pursued in reference to this question, or I have to say that the action taken by the Conventioni of 1861, was wrong, and that its action is " null and void." The large majority of this House stand in the same position I do. From the votes heretofore given, I come to 206

MISSISSIPPI CONSTITUTIONAL CONV-E.NTION. the conclusion that nearly hal of this ieuse agree, with me, that the right of Secessio wi s ]not a -right t at could be or casn be exercised under the Constitution. Suppose we pass from the substitute offered by the gentlenan from Lafayette, [Mr. Barr] to the substitute offered by the gentleman fritom Lowndes, [Ar. ITarrison] which recognizes the fact that the Ordinance of Secession had some binding force and efficacy. What do we mean by repealing a law or act'? lTo set aside that which had some existence, force, validity and efficacy, and not somnething a nullity ill itseltf In 1851, I withdrew from my then party, because of its views and feelings upon this subject, although I occa sionallvy voted i,erihaps, for its candidates, believing them to be the best mene! For ten, long years, I suffered before this Secession took place. I fought the question, which I believedl to be a political heresy, and after these five years of disastrous war, shall I say that Secession was t conistitutioial remecdy, or that the Ordinance had] force and validity at the timne it wxas passed, and afterwarcds? I- se( no sufficient ground on which to change my course. But it said that we must seek to mollify and save the feelings, of gentlemen who happened to he in that Conventioii. But, let mne ask, where is the necessity, b-ecause I entertaini differenit political views fronm gentlemen who might have een in tha,t Convention,-wlhei e is the necessity for any illfeling to exist between us on that question? I should regret thre existence of such ill-feeling as much as any man, but my dcity is to the Constitution of the United States, and the State of Mfississippi, first, and then to myself, my constituency and ray own heart; and if I regard either of these consideratioens, I shall vote for the Report of the.Aajority. The gentleman from Copiah says that if wve pass this Ordirnanee, swying that the Ordinance of Secession is " null and void," we place those who may not wish to comne under the Amnesty Proclamation of the President, in a condition of sffering. I do not so-understand it-for two reasons. The 1iirst is one which I presume the gentleman himself will recoguize, and he has in fact given it himself,-thliat when a revoltition assumes such a proportion as this did, it is regarded as being a territorial wvar, rather than as a mere revolution, anl men are not then iregarded as traitors,-Wwhel the parties are compelled to recognize the rights of minei as due to each other, (as the excha-ng e of prisoners, and all those other courtesies which are extended by the belligerent parties of one rnation to those of the opposing nation.) Wheniever a revoltution becomes so majestic as that, the parties engaged thereiii cease to be traitors to the country with which thlev are engaged in war. 207

I'PROCEEDL)INGS'-A DEEBAT,ES IN TiEl; What is the other reasoi? Is it to l)e supposed thlat-after the United States Go,;ernment (certainly ill its executive and its legislative, if not ill its judicial department), has, during the whole of this war, recognized this as nothing else than a rebellion, and the Act of Secession -s a mnere nullity,that they did not reflect tie sentimen-t of tleir whole people, and that they will not,-wlhei the-re is so mIcthl di(i-ision among ourselves, unite on this sul)ject Do not the courts ot the country enterta.in the same views that the politicians and statesieni do? If they do, they are not going to regard the mlere fact that we recoogoize this as having validity and iLblrce, or that it ever,a,2- they- will not be governed by this at all, tut by thei views o)f law, prejudiced though they m'-,vy be on the one id e e other.Therefore the passage of this Ordinailce ill' c...t so far as those wloi may b)e prosecuted lor to.;:' iteested, and I regard that as one of the a.zst,: ]. r1gmrnents for the purpose of tryingo' to enforc' th i-:a.e of the ameiclments whii-li have beeni offerer. As I said before, theree are but t o co:'i.c5J:' 0i, pursue, and I mlLst vote consc(ienltiouslv onl tite,'3:, a: u stultify myself after so many long ya s:i,'.- c 0 i8 on this question,- simply for the purpose 0 izcv i'Spe ities and feeling wliere there is no neess.: cau b tLhem on the part of tlhose gentlemen who do - iot rete ith the vote I may cast. AIn.. WATsoNN T, f Marshall-3I)r. P ii0' -;ioewhat regret the debate that has occurireid (-', — a.'o'y to discover that there were so man3 matteis %-:.: Lh there seemed to be different opinions oji t'he l:.' ce ers of this bodly. I htope tha)t the mAnenc::;)-osed ias a substitute for bothl tht Iajoritv ad Mji-[tivtv iL-p,,.Lay meet with general app)riobatioi. It asserts that the Ordincctee (f Sc-;s',.... )-, I_ other ordinances and acts of the Corycti; 1: t e Ordinance of Secession was passed, wcrc 5.i},r! cositutional authiority. NoN-, SI,? this was q e ]i1io L:I netained, and it is now entcrtained by ad ll (:0o iJ70t r:cogndize the right of secession as a constitit-t'o'c.!'": io s a right pt.ar-ioittoit to +ti Co(stitution — if you )llltse. T his cendment declares that opinion iin the l de s tlt...uld be adopted, aind in a forml which, I h1on', wil cte o:-zid biy no one as mtended io be offensive and m{1il cea —if }e lffnsive to the sensibilitics of any gentleman. It is coieeded, onl all hands, that no oe 1o believes that the right of Secession is an existing, vital, liviing right. Tihe decision has bee niadle by the bayonet, and our people are acquiescing in that decision. I shall suppor-t this amend 208

MIISSISSI'I'I CONS'TTT'TIO-NAL CONAVENT, IN. ment, because I never did entertain the opinion that Secession was otherwise than in conflict withl the Constitution of the United States. I am willing-, therefore, to declare that it was in conflict with the Constitution of the United States, and without constitutional validity; andc that, therefore, I am in favor of its repeal. That leaves, untouched, the Government, de facto, that was the consequence of that Ordinance of Secession, and all the various acts of that Government, so far as they may have validity or effect upon any ground or principle whatever-let themn renain untouched. I think, Sir, that there is a disposition upon the )art of the people at large, to exercise towards each other everypossible degree of consideration andt kindness. We all desire tranquility and repose, and it is to be deprecated if anything like evil grows out of the discussion of this body, or if the members of this body act otherwise than under the influence of mutual kindness and good wVill. We all desire that mere party feeling' may not a,aigh rear its headl within the limnits of this State. I hope, therefore, that the aimendmenit may prevail. Mn. TATTnHLWS, of Panola —MAIr. President: I will only trespass uponl'the attention of this body for a few minutes: It seems to me that the amrnendcment of the gentleman from Marshall, [Mr. Trotter] expresses an opinion, if anything does, as to the constitutional power or right of tlhe Convention here assembled, that passed t1he Ordininice of Secession. I see no real propriety in asserting that it bhad, or hadl not, the right. It did pass it, and passed it witli a unanimity rarely expressed in the history of our country. Of the gentlemen of the Convention, here before -e, I notice somne delegates who voted for that Ordinance; a little further on, and I see the name of every solitary delegate signed to it, except one. It does, then, look to mle, as if they were honest, entertaining anr opinion that they had to do thi thllill; and there was not a man in the whole lengtti and oIreadt oft this country who raised a dissenting voice. It wa-s lot u usual to find a secessionist then. You could mneet tlhem onl t!e coorners of the street, on the higliway, a(d, in shlioort, e-iery mail one did meet, was a secessionist and revolutitoniist, and 1o0 oe doulbtedI thie right or policy of the 1movenient. I speak in general terms. It was a general anifestatiol of public sentiment; whereas, one would judge from w —hat we lIeal to-day, that there was only a secessionist here and there,-that the influ ential men were leading the youn,g mene of the country astray, to shoulder their arims, and g'o into the strife of battle. Why, Sir, it was not so. I sav that four out of everv five of the delegates here to-day, it not in arms themselves, were stimulating their friends, and sons, and neighbors' sons to 209

'RO(EI,Ei)INGS AN) i)EB)ATES N Tf'IJ; arm and go) to thie field! Ai n(o, wheni eveirythiling ltlns failed, why does ally olie shlould(er off the responsibility.V In looking over the names of the'(entleinen who passed tlie Ordinance of Secession, I see ai-nong them many of the brightest minds in the State-louioi ord anii( trusted by tl:lhe people of the State -andi when, a,fet-e matuie deli-)eration, the acts of that Convention were placee I before the people, scarcely a d(issentiing voice was rai.set agaip.ist their adoptioln. I speak to mene who know, an ii reember what took pla(,c five years ago, on this subject t Henee. I regarded the whole action a;s that takein by the enltiir S tate, by the people of tlhe State, and I am now unwilling t(' come and east t slur upoii themn by saying t:hey had no eonistitLl'oi:onal right to d(lo so, uinless there is some necessity for so doing. -1 aim satisfied with the amendaelnt proposed, and believe that it would help to harmonize the opinions of nearly ill gentlemen. I shall vote for it, withl a great deal of pleasure. and, I trust, that hereafter, all cisicussion may be short, and, confined to the point equitably milder consideration. -IR. WATSON, of Marshaill iMr. Plresident: I am prepare( to vote, cordially and l}eartily foir the amendment proposed by the gentleiman from IHinds, [Mr. Yeifreri but had fearecl that perhaps there couIld not be fcullnd a majority who woulh take that ground. It would best accordl witli my feelings to do so, should a majority sustaiin me. MiP. REY-fcLxs, of Tishoinigo-M.,. President: The majority of the Committee would have reported iii favor of annexing to the amendment before u lhe words, "ab initio." but it was thoughlt hardly expedient, onl tlhe whole. Whatever may Aa(ve been the opinionL of some in regard to the right of a State to secede, they must, it seems to me, have been forced to the cenclusion by the result of the airbitratioi of arms, that the Ordinance of Secessioii was void. Hence there is nio necessity for sensibility on the subject, for we may all agree in regard to the fact that, whethler by the force of arms or on account of the want of constitutionll sanction, it is absolutely void. The Committee have compronmised, but did not express the views of the majority of it, because, I believe, the majority agreed that the Ordinance was void from the commencement, so far as the Constitution is concerned. 'But, to express the viewvs of all, without offelding the sensibilities of any, thiley agreed to insert the comipromising words, "null and void." I shall, hence, vote for the original ordinance, b)elieving those words to l}e the best possible to be ised. It was very properly insisted that, even unconstitutional laws are repealed, aid that legislative bodies use the word "repeal." frequently. in a.tbrogatibig -' law whlich the members 210

a nullity of i tsf. n all it — ac,(ts weer intll and void. It seems to a) thist isis Ygoig too( farthllougli Iot havinig' examin7ed. I caljot say how far those ordinances lmay b)e void. It, ppears to nie that the Convention was legally called and constituted, and that so fai as tlheir action was not repugnant to the Constitution of thle Uitel States, it ought not to bye pronoince iull a(l voi( It. s eems t o ]me that some of their acts vi'4't very tropierWy }e rearreiei. s valid. Tfhe gentlean from i Andsl l-l. A'e(, eI] prop)oses to ineludl( ,.ea,ly ail o(f tlhe ordinanees il )ne fe(il swoop, and( I merelv call attention to the fact. For instance, here is an act "to riegulate the righlts of citizensh}ip in the State of Mississippi," nid several others, whiich it seems to me there is no ncessity or cr propriety in treatin, in this summary mainner. G3l. G )o, of Lawreniee —0re. Ptresident: I have been lCstening i aixiotusly to hear some gentleman advocate the repori't of the 3aL;ority of thle Committee, and the amendmeint of the substitute offered by the gentlemlnan from Hinds, [Mr. Mrerger] anid to state, why it is necessary for this Conventioin t, declare tlhe Ordinance of Secession " uill and void." We (cfertainly were not convened for that purpose, and I do not t.hink it is necessary, in order to resume our status in the Uniiio. that we should take that step. I wish to ask what good is to result from declariing it "null and void." I cannot conceive any. If " null and void," it must be so declared, es I believe it has been in the Proelamation of the President of the United States, arnd as we have indirectly so declared, Iy providing for the election of State and County offtlicers. Why ad.opt an Ordinrance declaring it so? It has struck me e,s being rather undignified for a Coivention representiifgthe people of the State of Mississippi, to declare tlhe actioin of a. lreviou, Convention also rre'lf.entinl thle )eople of Missssipp55 i, tc, *{'e n,l,! and voidl."'

P C! En()(!i)IXC; AN > i) |)TH - TN Ti i' I was very much struck ith t ie iemark tlht. w h ether it was a revolutionary moverneat, or limed as a constitutional movement, it did not mnatter. The O -rdi nafe simp)l asserts the fact that she did secede, a1d re ue hr soe reignty as a State. This might bIe onidered le mere i as suchl action as the State of iIexico would e — as a sort of pronunciamento of a revolutionary )osition that the State assumeda declaration of an intention not loni(er to submit to the Constitution and laws of the United States. The Ordinance of Secession was the first step in that revolution. It is not claimned in that ordinance that a constitutional rightl was exercised, but mnerely that the power of resuiuing State sovereig'nty was exercised. No assertion that it was, or was not unconstitutional, appears on the face of the Ordhinaance. The United States Government, time anid a'ain recognized the State of Mississippi as a de fecto Government,'nl so in regard to the Confederate States. I will give one 1inta1C MIr. Commnissioner Browning, in an early stage o f 3 te!a revolution, announced, by,iauthority, that in regard to the confiscation of property of people in the re)el State — in the States then in a state of rebellion or revolution —tliat the law of nations authorized the United States Governen +O treat them territorially-that the States hi,-4.: (d tthe right, and hadc the power to enIforce the people witi h i' respective limits; that they were treated as St,ti, atnc d the confiscation laws would b)e enforced against the people who inhabited those States, not as ivdi?i(t('~als, but as i.lei'flit8ts of certai?,' territo)ies cr fo((fl)ties —and a jLustiitio(n was clainmed by public law. Mir. Lincoln, in his two Plroclamations of en i,:ton declared that from and after a certain date, all the slaves in certain States should be iee -iiaking certain exe(ptions. The slaves in Mississippi were included and were.eeared to )be free; not the slaves Cof persols or individuals in th1e St-ates inl rebellion, that were disloyal, but all the slaves in the t,'..?.Why was it that slaves of loyal persons who lbd 1:vr comnuitted an act of treason werei declared free b,1 i oam,anitioii declared to be simply a war measure? It wvs Ie cmse he recognized the authoritv of the State of Miississiplpi o-xer its citizenls, when the State asserted its sovereiginty ly te action of the majority, the minority were bound to be,!w er, y,e laws of that ma,jority fbr the reason that the Iag.s: had power to enforce, and did eiitoree those laws.q:-with the amnesty proclamation. It does not state that a! t 1c,:e C, ho h ad been disloyal, and want to le members oi th' (Conventitnl should take this amnesty- oath, but all must —welther in the rebellion or not whlether disloyal or not. Thel lived in a disloyal State, declared to b)e so )y the Ordtiance of Seces 212

MIISSISSIPPI (CONSTITIJT'ONAL CONVENTI ON. sioni. That or(hi'mnce tis )t (t o at mj'oritv o tie p)eople of the State, wvho iapoo ver tv e nfr'c(e,',:d ctid eiricelaws. There w-as a oeirlI aqiesc in, soreig'nty- of the State, and ti( t gh O t (St't l. twill wa p(roperly expre.:sed t1iroiugh)i its pro)er a4ioitiolit\l-, t^ r(j'sutatiVesa right of the State to control the miiorit-, whlich-t it did coiYtrol, it iavlIgn all those attribu)tes c(ommoni to a -overinient (de facto. Suppose this ordinance is adlopted as rep,orted b)- the conmmittee. There were )othler matters b)efore this Coiimittee, which will come before the Convention. For instance: an ordinance legalizing legislative, executive and judicial acts. If this Ordinance of Secession was null and void; if the ordiiinance declaring a change in the Constitution, strikiug out "Unitedl States," and inserting' Confederate States," null and void, how is it possible for this Convention to legalize and validlate the acts of judicial officers whlo took the oath to support the Confederate States, a government in armed opposition to the United States; and who did not take the oath prescribed to support the laws of the United States, whichli was necessary to authorize them to discharge the functions of their offices. It has been nmy opinion, as a lawyer, and I am still of that opinion, that its acts are null and void-they cannot be rendered valid if they are voidable, they may 1)e. If tlhis ordinance is declared to be null and void; if it is asserted )y this Conlvention, that the Convention of 1861 i was not legally organized, and did not properly represent the people of Mississippi; if it is said that though it did, its acts were not legal or Constitutional, and had no virtue or force iwhatever-theni all that has been done through the legislative, executive and judicial officers in this State, dturing the past war, is ull nland void, and this Convention cainnot galvanize it into life. This Committee have undertaken to reconmmend an ordinance for the consideration of, and adoption by this bodv; that legalizes all these legislative, executive anli ijidicLial cts. I wish to draw this distinction, and think it proi0er1. The President maintains in his proclamation, and thle people of the Uited States have always declared that the Oirdinance of Seecession was null and void, as to the United States Government. Thley do not de clare that it is null anld oid as to the people of 3Iississippi; and they, by implication, (as I argue,) declare it to be valid and binding upon thIem, acs a de facto Government; and that by the Ordinance of Secession, as an order of thlat Govern ment-whether claimed as a Constitutional right or asserted as a revolutionary right-the people w-vere bound to obey the .Confederate States, and inot the United States. Whether this ordinance is called an Ordinance of Secession, a proinunci amento, or an order of a dce f(cto Government-in either case, 213

0 -~~~~~~~~~~~~7

MISSISSIPPI CONSTITUTIONAL CONV'\ENTION. I was requested bv some members of that Committee to reduce It to writing; a-id present it, which has been done, in connecw-vith the others, anid I wisli to call the attention of the Hlouse to it. It merely states what was the fact, and avoids the responsLI)ility of deciding whether or not, this doctrine of secession was intended to be claimed as a Conistitutional or revolutionary ight —but simply asserts that the State did sever her connectiol witlih the Union, resumed her sovereignty, aid undilertook to order her citizens to obey her laws, -id not those of the United States. Its preamble asserts the further fact, that the United States refiused to recognize the validity or legality of that Ordiniance of Secessioii —w-hether it le insisted upon as a (constitutional rigit or a revolutioiiary right -al-id that we w ent to war upon that issue —the State assertilg —th United States denyig.'lter e wa,s a w agrer of law, as well as of battle -and the preambl)e cdeclares that the questio)ni was decided -g'ainst uis. -Now the Sttte of Mlississippi, is redy anld willing -— after all that has taken place-in view, of all -to iresume status in the Ulioii. Gelntlemien have expresse(d a great dlesire to buiy this tvin brother- or sister of slavery, which wva,s huried o0 yester&d9', a)dc the(v may be gratified, it seems to me, if they vote for this re()ort-t.'I'Iis (declar es tihat th. ssue has bleeni finallly id(eidecl ao-ai1ist ls;- ti,,at the State ix ie of t!ti-t iftilin' seeking( l1o0 fitlmcir reie(ley o) redress, anm :,sertin( l1o iiitention of ever asserting Iithit ri,lit agaiii-is eady to resume her statuis in the Union. Tlis in sists thtla the right of secession is dead- thlat the imovement has finally Iailed, and does iiot exist as a practical measure. What is 1 hle necessity, after asserting this, and yielding this point, and declarlin, ii substance, that it will never again be re-asserted" -forus to go )aeck rlld stultify the people of 3Iississippi, who sat here, in the persons of he(r dlel.gates, inii I 1)4y saiog' that wvhat titey di(d thec, was "e,.! ((,/0,oi&" It oeos 1ot matter wlhetier we believed im the rihlt of seessioun, ot th time, or not. If we say it is dead(1,'11d gooiie itore.er, and that iii view of that fwct, we are ready to come )back into the Unioii -why assert that the actioni of that Convention was "'nt7rtl o There were reasous uirged, as havi,ng a bIearijig uiponi oun action in regard to the emancipation question, as connected with our future National relations, which h-ad their due weight with me. But I am not disposed to be so very anxious "to crook the pregnant hinges of the knee," as to do a needless act, and inflict, as I conceive, a gratuitous insult upon the Convention, that assembled on the 9th day of January, 1861. Is it necessary to enable this State to resume her status in the Union, that we should declare the Ordinance of Secession, 215 r

PRi)CLEIXJN(& ANi) )1EATE8 IN TIIE "'4[?t(7 I (,1 ~,Ji,"'Ti' e Uiiitc(d States Governmeni t (does not require it of us at Til. Tis (Coi1vention wa-s not called to 'inul. this o;'dai'nance;,'c,. it wa lt 4j) wh 3 ere initimatced, thlat it was expected. that we s-,ol, llo i'. T iIed are iTany pers.ons, who voted for tihat (-rdinaIlee of Secessio-lo, ntunder the conviction that it was ttic exercise ()f ( -oistit-itolal anid le~al ri gh t.There may bte m( ers liciee, who lve they hadlc a righlt to adopt that orinaiicaje a-ts ii iliitator stepl) in a revolution, andl what 1o)itioi) wi tll:1 ai(tio if' )roposed on our part, place the se eso1s? lTi any l)e willing to vote that the right of secession -li, beeii dleei(lcie i lialv a,,ainst us, and pledge the people of thirough i tllhis Convention, that it should -ievei )e e-assertc(,l; aid -et they woutld have to vote in the n1egative, aild gainst d(eclariing the Ordinanice of Secession,'liull anud voidJ." It has been boastingiv stated, 21nd I feel a delicacy in saying anything about it myself, bec,ause of the frequency of that )onst-that I was opposed to secession, and denied, and do still (leny the rilght; but I may simply remark that I was opp)osed to the secession of the State, at the time she seceded. I tihought it the woist step that could have been takOlb aind I amn no-w advocating a becoming conduct oi1 thle part of this Convention, towards the Colnvention which met il this hall, on the 9th of Jainuary, 1861, whose action was endorsed almost iunanimously, by the people of the State. All of us did some act-some more, some less-iu the advocacy of its acts; and I no not think that this Convention should now declare its principle act "null and void." It might be inferred fr'om the remarkls of the gentleman from Adams, (Mir. Iartin,) delivered this morning, that those who favored secession, lIad (lonie nothing uponl the T)attjle-field, in support of it, ad thiat those who ol))osed it —after the State liad c ee p plun1ed ia-do war-edd been left to "stand il th-e imuinent, cadly 1ieah," aind figot the battles of those who brought it on. I wisl to sav, iin vindicatioin of those alluded to, that they backed thleir doctrine with a strong arm, and I know many, who believed iii the right of secession who vindicated it onI the battle-field. Although, I give the gentleman full credit for his personal gallantry, I must say, that there were those who opposed seessich, who went as far in th',e battle as he did. I think this is but just and due to the secessionists of the State. I do not understand the meaning of the amendment offered by the gentleman from Adams; or else, I must think that he used language in an ironical senise, when he intimated that the effect of its adoption would be like the pouring of oil on the troubled waters. I thought the report of the Majority of the Committee, likely to produce many heart-burnings; but the gentleman proposed to put the case in a still more unde ~ 21,

MIISSISSIPPI? (1C)NSTITU'TI)NA L CON\rENTI1ON. sirable and itnpalatable y nc ntaer yet-and hence my opinion. I am opposed to thi Y4ioriot,y Report, of the gentleman from MParshall, (Mlr. Triotteo,) beeause, firom it, it mighlt appear hereafter, and now perhaps, to some, that this Conveintion silniply repealed the Or(dinance oi Secession, because it was not thought proper, that it shlou ld be attempted to be enforced further-and because, I see, no evidence in a simple repeal of that ordinance that this C(onvenction does not still insist on the riTght to re-ecact suich a,, ()rdim'niee should occasion require. I am in favor of ado)tingi (something which will show that we abandon now and forever, -!I.e righllt of secession. It is gone -it is a thingo of thle))ast..ai.a for one, wish it buried out of sight-ne i-eer to l)e raisei agaili. If repealedl, it may be brought up again,'ad re-e.eted. Therefore, althoughi o )p- sed to the iaeIdmenit of the gentleman fromn Hinds, (Mlr, (erger,) I would vote for it, rather than be forced to vote for tire Majority Report of the Coinmittee, or have my vote rec)rde(l against it, as though I was in favor of secession. SIR. 1ARTIxA -, of Adams —I. ]iresident — So far as I am concerned my fieling-:s are ( over lhurt, if my friends vote against me, and I propose to V-ote,r the strongest possible ordinance that declares thecri(:-.: o sees(sion "void," and not to vote in support of the ia w! ii- e which the gentleman has suggested, and which i'may po(jsl)?y iiiort as much. I propose to use lang,ae that caim(, be mistaken, and to so wipe out this ordinance that no one ctn understand anything else, than that there never was sucl a right as that ot secession, that not one of us voted for si th miserable doctrine as that. The gentleman fro-l Yz)o, (MIir. Hudson,) indicates that we are here to iest:re,'t: relations with the Federal Governent, and at the samrl — t i ne, x'oposes to hold on, anCt not give i-tp at once, this (:m 1:.oghl I believe it fa' more import,iit for ius to set at:st foreveyr, this question of secesraon, than for us to do air v other act, we could do as a Covenion. Of course, I shou'i e much gratiied, if I could vote tr- the ordinance of secession, if somebody would call it by some other nlame, and pers.uade me that I was doing something else! I never coulOd bring myself to say, that "the constituency I have the ho'ior to represent" &c., &c., "desired" &C., &C. If my constituents think that what I believe to be right and proper is so, wei4 and good —but I never have been, or will be the mouth-piece of those who hold different opinions from myself on great Constitutional questions; but have exercised, and always wil mny judgment, and decide for my constituents, what I hold best for their interests. I think, and kave thought for years, th~'~t we have grown too democratic as regacrds this matter-ajidi t1hat men should be selected, not as 217

PR,(JcEEDIN 1G N,,) N I_ 1AT1I IX TIIE niere speaking trumpets. luit raithier witlh reference to tie:r owln thinking qualities, and manliness; their earnest feeling and proper exercise of judgment. I think that the gentlemaint, (Mr. Hudson,) will do niothingo bllt lit when lie votes ac cording to what lie individuall- belie-es to be' right, andl that ini case hlie does, llis constittteriey will not consider him to have done anythiing wron(. MIn. Jon:STSTO5 ofC Hinuds Mr. I1(esideuit I do iot propose to enter into an argument at all but simplv to define my posi tionl, that my action ii'y -1e subject to no misconstruction. It is Inot necessary to go into a detailed statement of what oceured( in the Coiinmittee room- su.ftie it to say, that there wi-as not a unIaniinity of opinion amo the Committee, ini reference to the report which was presenited here. That is mnanifest ini the Minority I eports which I re before the house, in addition to the Majority Report to say, noting of the Hiistory of our deliberation int the Committee rIoom. But finally the propolsition was made,,s it is embodied in tlhe ordinance reported simpl- d(eelari],g tie ()rditiaiee of Secession, a Jitillit y anid 0oi(1 itlot oitrther exp lression whatever. That was certainiy satisfaeto,ryto e,I as ( haIirmn f the Con. iitt ee, and was to the Taijoritty o-f its 1memnb)ers' and in that shape it was repl(ortel. It might )e sutipposed. therefore, that i, as Chairman of tliat (Ccmittee. would stand up in defense oL' tat re)ort whTlict ias bleen madle; I-lut I consider that there ]is no schi ohoalilti'on irestinog uipoin mre.and that it is enatirely )arliamentaivy and ilropier tfor tie Clihairiiian to say anythlling in opposition to a report which lie niakes Ty) the i'striuetioin of that Committee, and althougihI the report. as I lhave said-is satisfactory to me, I wish to make no fulrther declaration int rega,rdl to thie Or(1iniiee of Seeession, than is contained ini the ieport itsel;.tit a siibstitutte having been offered by my co!]enqgne, (Mi. Yerzeic,i) in lie, of,ll e and tac oriinal ordiina,-ce, ts rcL),(ytedC, the Comnittee, I arise simply for the iurpose of ainnonuncineg that I fa or thlat propositionI, anid shall vo+e for it. That slubstitute early enunciates the great facts and prineiples, to w hiel: I liav e always subscribed, and I feel bound to ftvort it. Much has been said in regard to the action of the Secessioii Convention. I have only this to sar, in regard to that matter -that the sentiment and actioion of M'ississippi is not lmiformn on the.right of secession-very far from it. Gentlenmen certainly remenmber the celebrated contest in reference to the coalpromise measures in 1850 and 1851. Surely they have lot forgotten that a Convention of the people of the State of 3Iississippi, assembled in this very hall, in 1851-ten years before the Secession Ordinance was passed-anid although, I have not the records before me, I remember very distinctly, 218

-VISISIPPI CONSTITUTIONAL CCNvEkTION. its action, flavig thie lhonor of heing o n membler of that Coiiventioni, as w ell as of this. There was adopted thlere-and gentlen'ein cau examinie foir theilselesa l)road denial of the Colistitutional iioht of Secession, on the part of any Statepassing' 1)b a oi-eelr mienino' majority o- that enlighltened acnd patriotic bjody. Now, if -a course, opposite to the one proposed, lIe!)ursued hlere —what could thle nmembers of that Convelntion say in regard to their action? Geltleinel talk it great deal about hard feelihar', and bring. up unpleasant matters to others, whose action has been different; but I cainnot see that the action of this Convention, is an aslpersion or disrepect to ainy- genitleman wh-o voted for the Ordiinance of Secession in 1861; and if it be so, iost unquLestionably it would be as great an insult or aspersion to the members of the Convention of 1851, who solemnily voted that no1) such right of secession existed under the Constitution. I desire, Mir. President, to place myself fully upon the record, for the sake of consistency. Hlaving, in 1861, voted in solemni Convention, that the right of secession did not exist under the Federal Government. I consider it but righlt and proper, and consistent again to avow tho e principles, by voting for the proposition whick my colleaogue has offeired. I would not lav-e insisted 11l)o0) it mvsel:, as a ]proposi - efoire this C ccnvena,, an tih,( 110 aid leetillngo mv -iews, andi enuneia,tiiio, what: I coneeive to be a great trLuth, springing out of the Federal Constitutionl, I am bound to support it, to lbe consistent w ithl the action I have always maintained. -1n. IATTHEWS, of Pao1nol —AIr. Pr esideint: Iu ord(er to test the question, I move to lay tle substitute on the talble. The nmotion was carried by the followine v-ote: YEAs. —Mlessrs. Bavir, Baile,, mo( BllL kwellt I, tOWi, By-ars,Carter, Compton, C)op)e1r, o' Raiiiin, Cooper, (W I'a1)ola, Crawford, Davis, Dorris, Dteuncan, FrianklIi, Gaitheri.'(oode, Gully, Hamin, Ha rrison, -1( Ia d, Iid, ltcsl soInt,i Johinson, af Marshall, Johnson, of Smith, Lewers, Maloine, Marshall, MIatthews, ilM'yson, iMcBride, Iorpihis, Niles, Phipps, Potter, Reid, Reynolds, Sanders, of DeSoto, Sessions, Stone, Stricklin, Swett, Tate, Trotter, Wall, Watson, Wilson, Woodward.-49. NAYS.-Mr. President, Mlessrs. Bond, Cason, Cruin, Cummings, Dowd, Gowan, Griffin, Hall, Hemingway, Horne, Houston, Jarnagin, Johnston, of Hinds, Johnson, of Choctaw, Jones, Kennedy, King, Lambdin, Lewrers, Lindsey, Loper, Martin, of Adams, Martin, of Sunflower, Miaury, Montgomery, Owens, of Tunica, Owen, of Scott, Peyton, Pressley, Quin, Rives, Rushing, Sanders, of Attala, Simonton, Slover, Sparkman, Stanley, Wallace, Webb, Wier, Wooley, White, Yerger. -45. 219 15

2PRO(CEEDIEiNS AND DEBATES IN THEli' M Ys. Y,L2ER, of Hinds,-I now mlove, Mr. President, to hy o)i the table, the amendment of the gentlemian from Marsha-, (ir. Trotter.) T'he motion was carried by the followinig votWe: YEs. —Mr. President, Messrs. Blackwell, Bord, BEy-rs, C,,.son, Crawford, Cummings, Dorris, Duncan, Gowan, Goode, Griffln, Hall, Hemingway, Hill, Houston, Jarnagin, Johnston, ,f Hinds, Johnson, of Choctaw, Johnson, of Smith, Jones, K1ennedy, Lambdin, Lewis, Lindsey, Loper, Martin, of Adams, Martin, of Suinflower, Maury, Montgomery, IMcBride, Morphis, ()'Owen, of Tunica, Peyton, Pressley, Quin, Reynolds, Rives, Sanders, of Attala, Simonton, Sparkman, Wallace, Webb, AVhite, Wier, Wooley, Wylie, Yerger.-48. NAws. —3Messrs. Barr, Bailey, Binford, Brown, Carter, (Compt(o)l, (ooper, of Rankin, Cooper, of Panola, Crum, Davis, I)owdl, Franldin, Gaither, Gully, IHamm, I-Harrison, Hearcd, fllorne, HIudson, lurst, Johnson, of M,arshall, King, Lewers, Adalone, Mrshal, 3latthews, Mayson, Niles, Owens of Scott, Phipps, Potter, Reid], Rushing, Sanders, of DeSoto, Sessions, Slover, S,,tnley. Stonre, Stricklin, Swett, Tt'.te. Trotter, Wall, A atson, Wilsoni, Woolwar(lI. —4i. M (00):t. o, oft LItwrenieelfr. President:-. iow offerthl Miinority R1ep)ort, as L sulbstitute for thi Maqjoritv TReport of the (,mrnmittee, r:reding',s follows: reTrIe sI, A (Con ventionl of the o)eolei of the State of Misissip)i (sselbled t the (xpitol on the 9th day of January, 18;1,:i(lol)te:: (I. ) dinafine(( of Secession of the State from tle lUnite( Stai4tes Coveriniment, and( declared{ that the Sta* -(:relrned her sovereig(nty; and in -t war reslllting( thlerefrora with t(e [Tnited Sta.tes Government, which refizs((,d tO rocoIl/i( the( le (r,ilittv () validity of that O(rdi-na.ince, the State failed [o Ii~aiit' tiin hrast'e' td s(hivereignt.y a: d is now willing and ro' it)'est1e hTr st'~tus ill tke U'ion)J', as b)eore t~he i)assagt — *i' ~, ()rli ltlUt( (ue' T1Ilteteftc t. It3 it,, ~ tS((/ /)/ C' (o? t h,t/o)t Tm;t sami(I ()r(inacee of sec~'+ssion }e,;1( td tl(e siltlne is'lielel,: ((eto t( be hanice1,tttrwt(1 nitl1l:red t'f n{t btindiiny foret. \ft'.'r 1i::ud seeal'1 othelr u- i q nents ha't(l teet ofltre4 :~ ret'5jec(t~ed(1 ()I imlotiol t)'t ti.. ()h t stoll, (it flil tlis t(, ii'st seectiorl of tle( M.'t~jolrity Repor)it, )f' thle (;olnnTitte(" -wtas a,tdopte(d, b)y tihe 1'U(lwi n J v -ote: :.5:::.~f.. U<...' uent, i;fts.~. -taio r, Biiit-i..:. Bi for", .I,) ekw e1l, BT)1ondl Jbrown By 3z i rs, ( Cater, (,so:., (.,)oo))er, of RnuSkin, (Compto)n. Cooper, oi PI)anola, Crawford ("ummings, I)orris, DI)owd, Duncan, Gaither, Gowan, Griffin, Gully, Hal., H-arrison, Heard, Hemiingway, Hill, Home, Houston, Hudson, .Ir'nagin, Johnstoni, of Hinds, Johnson, of Choetaw, Jolhnson, 220

MTlTSEiiPPI CONSTITUTUIOAL CO14~ET){ cf Smith, Jones, Kennedy, King', Lambdin, Lewis, Lindsey, ULoper, Malone, Marshall, Martin, of Adams, Martin, of Sun:.ower, Mlaury, Montgomery,McBride, Morphis, Niles, Owe. cf Tunica., Owens, of Scott, Peyton, Potter; Pressley, Quin, Reynolds, PRives, Rushing, Sanders, ocf Attala, Sanders, of DeSoto, Sessions, Simonton, Slover, Sparkman, Stanley, StrickiL, Swett, Tate, Wallace, Wall, Wa.tson, Webb, White, Wier, Wilson, Woodward, Wooley, Wylie, Yerger.-81. NAYS.- Messr.- Bart, Crum, Davis, Franklin, Goode, Hamh, Hturst, Johnson, of Marehall Mayson, Iewers, Phipps, Reid, Stone, Trotter.-14. 3tI. WiLsro, of Yaz0oo —Llr. Pres'dien t: — I merely wish to y, that I dr niot intend, by may vote tr) declare that I coit:l.4der the Ordinance of Secession, of f, y legality or binding ,r' but I voted a, I did, becaIs e I vJJ:<oly ocjeted to thl verbag(e The Conl-ventioni ihenu proceeded to) tle consideration of s.ection two, of.the.fMajorily Report ( 0itf reading ;sfollows CSc. *2...Be,,i /./.ztAc" ('&~d(,Ji]'r Tht. thI e following ordin a,~e ne us ad risolutiCTns, pass(-ed saI,) d fortmer Conven t't tni otte Ot 8t Mi ssiiS,l:t, ofwlclh assemblecd in tihe .Ctv {"f' oti,[ -ckkol.. M.orld;, Iic t' l tI (lay 0'f,Ja,'uary, .O1 ad onl tlle 25)tI (la c f'a,:-h ti, b-Le and the 'samer-ie a Ircbly rejecc(led v iX ,"To raise me. nsti ts e (oeiYt,;, f' ith St ate." (sai(id o,aance lhaving i no date.) "To regulate the Milittrfy syste.i of ths State ot Mis.'ssippi passed g3d. Januairvy 185'. 'Lo amen dl thle (Colstitition ot-f tlhe State of 3,Iississippi iA certa }in 1 tJtiT(las," pased Ja.,': tar)y ~;th, 1S86. 'iConcer',A~g1 thle judris dictLia prl -) opIertv or)' th3 ITnited ~t~tc (4 \Ii1Ic Ittc te t ~ passed,Jan:graItes of Ainerie ie tette of',- i......[ssippi' passed Jan'air 16th, 18()1. ';Suppleii,ientl.l to aii-i ordiin-anice coIIeriiingi, the jurisiictio0n and property of the Uite dtt1 States (-)f America, in &hoe State ot' isissi ppipasse d J anuary 6th, 1862. To p-rovide lo plostal'",rai-gelnents iit thle State of :3ifisssippi," l)atsse(t,Itiaary 12t, 18)I. 'IFartl-ier to) provide i' postia. a rrlaeients il Miissis si~~~~~~~~i):,'~e~ c' "' 'ro provide or ti'le tfornatiot ot. Southern (:onfdiraoy." (No date thereto.) '"To regulate thle ritht of citizenship, ia the State of kfississippi," passed 2thl January, 1861. "To provide fCr the representaticTon of tlie State of Mi 221

'ROCEEDIN(S; AND D;EBATES IN THE sissiplpii i tlIe Congress of tlhe Soutlherni Confederacy,' passed Ja1uar yv 26tli, 1i86S1. "To. prOvicde foi surve vs a)d fortifications ot lmititary sites within thle State of l Mississippli,"' p)assed 20'tli of Jailnary, 1S61I. "To autlioi izc e tle Governor to )orrow:t sufficient amounio t of moiney to defiay tle expenses of tlle troops niow in tlhe field.' (No date tihereto.) "To gdopt and ratify the Coiistitutioi adopted by the Coinveitiolln t, onitery, Alabama, passed Maarlch 29tl1, 1861." "In relation to lands in the State of Mississippi belonging to Indian oirphans, passed Marcli 29thl, 186. 'To define the p)owe of the Legislatnre of this State in relation to ordinances and resolutions, adopted )y this Co-nvention, passed Alarclh 30thl, 1861." "To provide a coat of arms and flag for tlhe State of MNississippi, passed Marlch')8thl, 1861." '"To revise aind am-end the law in relation to foreign insurance comnpanies." Passed Marcli 27thl, 1S861. "To provide for the appointment of Electors of President and Vice-Presideit of the Confederate States of Ameica.c I-i:'ase(i i2iareili (Otl, S1861. "To alter anld modify the ordinance eintitled'An ordinaince concerning the jurisdiction antdp roperty of thle United States iln the State of Mississippi." Passed March 30th, 1861. "Suppleinenal to an ordinance entitled'an ordinance to raise means fbr the defense of the State,"' passed Mlarch 29th, 1ls61. MR. WIER, of Yalobusha —Mr. President:-I move to strike out the words "'be and the same are repealed" and insert "m' hereby declared null and void." M3. JOHNSrON, of Hinds-Mr. President:-I shall have to vote against that proposition. There is one of these ordinances which it is proposed to repeal, under which certain paper money was issued, by authority of the State of Mississippi-a large amount of which is yet out in circulation. I did not wish that ordinance repealed by the Committee at all, and opposed that action; but a majority of the Committee insisted on its repeal. Now, if the amendment prevails, deelaring the ordinance null and void-what is the effect upon the notes and bills, issued under that ordinance? It would undoubtedly be, to destroy the value. It seems to me, that without intending it, that act would be one of repudiation, 222

MISSISSIPPI CO-NSTITUTIONAL CONVENTION. .and therefore, I was opposedc to the repeal, because I feared ~such would be the effect, and because I amn opposed to repudiating anything. I was partly convinced, however, that the mnere repeal of the law would not invalidate the issue of -the money though I had my doubts, and would yet prefer to Iave that ordinance left standing and untouched. MIR. WEIR, oT Yallobusha-MAr. Presicldent; It seems to mne that the Convention miight dispose of these Ordinances as it did of the Ordinance of Secession, buLt in order to test the (iuestion as to the iform in whi'Cil that section sliolcd stand, I mnove the tado-tion of the amendment. The amendmentet, on mtioi of Ir. FralPr'tliln, was ta)le(Tl. A s!)ubstitute, offered 1Iy Mi. I eBri(l. allino' 1)eeu lai(t 1Il)on thetal)ie, Ir. Johston, (f -inds 1ii'41 ( 1, a uen tlenient "Aimend-I)y striking o,,L. tthe wior r - ('to ilealls for the lefensile of the State;j aa a ls o, 91",,*i (rii1 at the end of the section, the words:'s,E l)plemtai to an,oriianc e, entitled an) or(inaincce, to rais us for the d4efenise of thile State, f)as~'e) Mqarel oc)t-i AS) A imion Oil to fJl)e t'' -ost, wherieup)oni MInr. Yerger, of HinU s, otsred t:. olo1ov iso 1)y wav of ::nmuCendmerit, iwhich1 r was ac'(.tdi i1v.I V,iolhso,. "JPr)o(vide,(( TatiR an or-,i-naho, ('I n date, ) entitled ~'Ai-~,,_rin'u~.ce to t;:it.e. n'~c~_~ fb'd ae <'[ci'ene,: t1le State," ('1i'~i~t(1;l (']bti'i.... ]4 Tr -Si l eititted Sut)lpleXmen~ltll to (j o i-.t. e;t:.,:,,i to1 raise means for the ( de f 4.... It Iy t i is CLonven fon, ib-,~: s t[,.,~,:_,,,.~:,~e,:is t~I,c!eople of the Stuate. ]3 te' -' s,;-,L,.a ua,. i't ad purop)er to ~-o;-7 ~:t vi:...5 3i —6 view t1I,c (o:o )t,,l;i')lity) of the State." },It.,}i)rxit; r; t;:. \;; < 3 -. ~i'c Lesi t'eiit I mov e to ,strikte o - tXCtt:, thet }I }::-x-a,o ~' [:l:,::,,] b cn f3t' l.:'~la f \t 3[i' Hinds4. ( ThXK1l e?ae 'State of 31 t,- z7...I. t'- o:C'.-0 1(41 T')'(f I (1 4 ~~~~~~~~~~~ts 1 InJii It)1emeilt 0o tat'ei(.':!,.':<:, if..: i-'~.~_, C!o(leave no I ';Vt el s:,,- t:(ittti ot t. i-; -;':, * _:t::3,I,3 ir.:oS'tv,. t, t7he |t' l.]Ol7e ;t{3e)lsiotlt F_( t7{[{- ('t}tt l>tgs <X tj,'.x't3(8 3~t,i0g,<,,l(I!!Icet e1l (4) { at s a 4 ) f~~~~~~~44 p~~~~roviso. i~rovidi~.~g f,;''C-.,'~,i.x.:' ~:'. hitei-ded to be ,se[ In 1 y,':,o i t!is.State ;aS at taIol lt ti( _ / a view ll those o0dinanc11:~.;'.4 a4'.-,.>) t~O ): a.:.- -:, ]' knIiow tlat many 223

P24t, OC24UXIG-S AND 1)?ATr] IN'rDE of the people o- this Stafe -vested their money as has been sated, and I for one, a,s a citizen, am willing to pay muy share of the taxes necessa, to pay this indebtedness; but I know the fact, and I suppose tnatm ny of the members-of this Convention. do als-t-ha these 04 i; were at o great discount i) the market,,and were pIhs y )brokers for the purpose o~i some day or o,thier.m. (, a!eeu.tion and profit, on them. So far as tihe mee ob)Igt.on iS concerned towards these par-tes, we are under no mor'e obc,atffon no pay them than to pa7' the holders of Con,edo.% bos,r e'ny other security whiche they allowed diuring,he progress of the war. But I do not wish this St? 0 repd i ate what was etered into by that Convention.-. Ien crenc h wev er, —-theough I believe the Conventiou had no power to'take',:be action wheich it did, i would have the matter left entirely with the Legislature in the future, which, regarding the amount of actual investent made by parties, can give them such remuneration s they :aj deem them entitled to; but I do not wish, by our ile, to give credit and value to these ordinances at a-1. If we strike out and refuse to pass the prov;so, we simply counteniace the view that the ordinances, in the opinion of this Convytion, are valid,-thus pledging the State to pay the holders the ectire amount of these not:es. I wish the matter to be left to the Legislature, whieh crn take into consideration the condition of the people in reference to financial affairs and the amount paid therelor by the holders of the obligations I do not wish, in any way, to tie the hands of the Legislature, and make it obligatory upon them to provide fer the payment of these noes whether or not thjey are rightfully and validl r eeceivsed The motion to strke out the provi;~o wt.s lost, by the fi.)llowing vote' YsA. —Messrs. /Crum, Franklin, Lai27 d in, lwei3, -It Martin, of Adams, Potter, Swett-8. NAYs.-Mr'. President, Messrs. B Bs-=, BIley, Billups, Binford, Blackw-ell, Bond, Brown, Byars, Carter, Cason, Compton, Cooper, of Pskin, Coop)er of Panola,, Cmraford, Cummings, I)orris, D)owd, Gaither, Gswan, Goode, Griffin, Guiley, Hall, Hamm, Harrison, HIeard, HeIm.;igway, Hill, Horne, Houston Hludson, Hiirst, Jonhginstxon, of Hinds, Johnlsoni, of Marshall, Johnson, of Choctaw, Johron, of Smith, Jones, Kennedy, King, Lewis, Lindsey, Loper, Malone, Martin, of Sunflower, Matthews, Maury Montgomery, Mayson, AIMcBride, Morphis, Niles, Owen, of T.iea, (Owens, of Scott, Peyton, Phipps, Pressley, Quin, Reynolds, Rives, Rushing, Sanders, of Attala, Sanders, of DeSoto, Sessions, Simonton, Slover. Sparkhn:. Stanley. Stone, Strickiin. Tate, Trotter, Walae, 2911

MISSISSIPPI CONSTIT'U'TI(')NAL CONVENTIOS. Wall, Watson, Webb, White, Wier. Wilson, Woodward(, Wooley, Wylie and Yerger.-83. 'rhe question was then taken on the amendment with pro,i'so and adopted. On motion of Mr. Johnston, of HiiL,s the second sectioln ..s amended was adopted. On motion o)f Mr. (Cooper. of Panola, the third section was a'dopted. On motion of- Mr. Jonnston, o)f IHinds, the ordinance s amended, was3 then adopted. Mr. Ilarrison, of Lowndes, n'qde the following report: M[r. PmrSIDYTT: The Commttiee on the State Coistitutioin to whoin was itfe,' ed the resolution to enquire into the propriety and expediency of submitting the amendments of the Constitution, together with the ordinances adopted by this Convention, to the quolfled electors of this State for their ratificationor rejection, rereport that they have duly considered said resolution, and they are of the opinion thatit is not practical or e.xpedient:to submit said severa'am'nendmcnts and ordinances, to the'pe6ople'. under existin circuinstances, and accordilngly they reconlincnd that the said resolIution do not pass. IMr. Jon.soN, of Smnith,-Mr. President: —I hope that report will not be agreed to, at least asfar as the submission to the people of the free clause of the Constitutionii is concerned. The shortness of time intervening bctwcen na-ow and the general election cannot be urged afraimnst such a step, for that ~ tdcle might be submitted separately. It has been said that if the Ordinance of Secession ha( been fairly submitted to the people, they would have refused to ratify it. I do not wish to have it said in future thlat the abolition of slavery was forced upon the p)eopyCe of this Siate, through not allowing them the opportunity of expressing' their opinions in regard to it at the ballot box. With the purpose of making an amendmelnt'to this report by which that amendment may be passed upon by our coiituenlts (which I will priesent myself and vote for, if no ou,. else will) I move that thils Coniventoni row a djourn untii (. o'clock to-morrow morninfg. On motion. e-f Mtr. HarrisonL the report was received. Pending the question of agtree.g o thle report Mr. Barr, of Lafayette, moved that the Co-)nverntioni ajoni 'tm -til to-morrow morninr,, 9 o' eloel-. Mr'. Jolhis.on, of Sith moved to. amend (- ri kig out te word "nine and inserting ihe word eight. "' The quesston be-ing taken onl the nlotion *. Bat, of T..ay7ette. it. was eideied in tihe negative. 225

,vil-TieC. As q ~gr,,,a rule, I clo -i~ot al1l)oio-eo (,iti.-:It iiio(l of ~llti-sT't clyc'at,-se I -)refei tl-,, forni-iceportecl 1)1- tiic (o~ite J,,oiJ(T iltcQ fcpi,-'i( av the1} )eol)lc ofti' (oity~o 't~er'k''~L~I)elc,ivc-,'tliat otir actioi-i is' ~~ — \o1llltal'y ~iT'WOLtiaC'L,."V uotJi ifi'Q to),,e,t~ st, c (-(1iic o —r Fec(l cral J)owe'i. We -v~is ~~i to attain ii.,',VII de-'i.~ J to seek the soldT',Iiy T'('oiiO i'.t tio,)l i( t least, ot(4cr i'c toi''1 t1~e't ool'3)"01) as i t c —i' -)i d e i~ t oc 1 i oI 1( -e, e c~ C"e }) I'~ aiid quiet a -,, LcQ a1q i 0 ~'L tig if Iposs~iT)!.e t}lQ e- iiest,,rc T',tU'( I'T Ci Qi lowT are weQ to accoj-i).IT~i tIlTs ~s,tet,~'' i'Soii'~ ~ itis I:)"( s o iAQ that ive li,~v i,,o disci'ietio-,,i Ie't i's'tS (4at ive,3ire liotti.CJ)y tti oath ~'e Ii~~ Qt~3t~c 30 S 1,)}ort this aineii-dmiiici di t Ltiis tell vis the Presi('Liic (1Qeiii,.tCis it as,t c'oii(4litoi — lj(Qi3itto t iii(1issi~oii 0-, oi,, —3t:, —i~rsc-tai Q5i-e(ss' ( ~)' -vlIile a) 1,,O-C i L'iq o( Q il,SJo1v5 3 to)' L' i-t as afI'orcliT()' 1)' o)''3' C't t!'i '13,,Ict of "hT1''' o~~t' T~~Q 3~IA i~~. A'A3 c'~f ~ (1(1 1 AT 0 ~"A'1 ('id th3 c I ~~~~~to -,eloe'i)t(i'' o"iO the AVAi e,' c3 oi- (ite, it( - oS - O! ii: ld,u I3~Ti ("i e(10 C~istii~chi' i3~~Q~ JiCoath-, or tiry.TIi 3 i~T'Tl~ is stp,,jve.':No. ottici' iterilue,iiative -was left i1~ -;D"'(tlTyIreiI-ly or vol,,iiitai'y.- I heavi takeni thoi oath9-l I, a-,,, n~ill gooT~(0' fa,ithi, to keep it'. AJy iiegr'oes, whlo elaiA IT iii, are,

iilcter existii(i L preQssure upoi its, ve,,y ~feiv or iio,e o it~l Ibo fouiicl ill -JinisisSi)P to -,(voe,-tt suLchi a iiicas-Lir as tlis. Tiuc olnly apology ,)r excuse for it is, that ouir fori-iiei -,,-l,tioiis to the Ullitecl ~St,,ttes cai-i-ot 1)0 resto1'c1, 1101' our riiemllers ofL Coingre'ss be ii-,iAitte(I to their. sealts, 1101' civil -"Lw ailll order revivecl aiid 1)er~ilallei-itly estab~i,,,!,,(f.1, aii,o-I,) iv,ithiott it. If -I -ould !)elieve, that, I i-igi-it, aii(i A-'~~1 4 ri~ ote dlifferenitly. I-)1ut it is very cle'ar t o tlial- ioestr.e:tti'-t01 of' our '0'10'relations ivitlil tje Federi L i~loicr~o' rio)ltftllly be llla(}c (101)~~~~~,,1doi t, il,11)1 01 cti('I onl th-is sttbjeet. A~ceor('n.-ii,'c i) c L,, -lte~(- States, ~,llssissiplpilias never, becin o-[t of oft 0s, —cessi011 1V,-t void, andi( 1),r pleople ]1ell ~e,)ialice to the Fe,~i' ()~enilcL Co-ti(,Pes. l~roelainationi (If t'he iP 1 A e.it, ~i n l Sttt t Ci~lt(~ or, i ssue O', fr 0II thlle ]-)egil-iiii' 0," tll(, 0 ti)'',,alit u of Governior Sharjicey, Plld 1),ovic!,,il Lr, t 1" clel1 ol' delec,ates,to thislbody, i-6co-iie,-I fZ Mi s.s,~ 1) oc t 1.) oHa tC e,i (f tle U,,iion-. It is oiilv ii- L0t at'o!' (! tW-r i,s aiiiiestv, or ,-):roseciite a1v otfCI1011( to ut to ouir State. L,v i-io 10 otl I v i's I o,6tfie or ]lot, i o ota t -'ix tj-e 5ti~ I, e~i iitjQ of ti Oii1' i-i,,) c Uily -11Y'd,', 1i' C~1 -\11ose ilayc~~~~~~~~~~~~- fofete 110110 el I' )II.,ii5 tl~t seii'~.~ie sissi1pi- i-, to-dan',-,lt1e%( ({~ Ie''u~ sli( is'!)v iiiil,'t.iry

-rC.J.C I,ANI) 1,JATIX I.N T!,] power, the cq, under the C,onstitution, of' any State in the [Inion. No matter, then, whether we adopt this amendment or not, the representatives we may secd to Congress cannot, without a palpable,olatio f the Co.~stt.ution of the United States, be denied their seats. And Uttfi I urnderstand to be the Presi dent's view. Iet advises the Sttes in which he has appointed i'rovisional C-fov-emoso to amnend their Constitutions, by stri king out the a rtiles which receognize slavery, and thinlks it would be bette? for them todo so. Not that they are bound -to do so, or bero he would, witout that, oppose the admis sion of their re)precsentatives it) at i Congress. But he says he has no power over thwa su,bject, and Congress may not admit them. The inference is fair, if not entirely clear, that, if left to) him, they would bIe -dmitted. "'Each Ilouse," however, }eini-g'the judge of the elections, returns and quali fications of its own members," their admision or rejection is beyond his control, is all lie says. No one, I suppose, would contend that either House of Congress has the right, under the C(onstitution, to reject a member duly elected and legally qualified, arbitrarily and without cause. They could not refuse to admit him, because he was a Whig, Democrat or Republican, or because he came from a Slave or free State. They lhave the rio.ht to enqtire and determine whether he was elect ed at the tiie and place, in tle man,mner prescribed by law, and -wihether those who voted for him were qualified electors, a.ccording to the law of the State in which he was elected, a.nd whether he had been nine ye:rs;r citizen of the United States, if a- Seiiator, or seven year, if s member of the House ()f Rleresentat;ves,. —rd an inhal.bitant of the State in whichl hii was chcsem, at thle timne of his election. It is not at all pirobable that a,ny objection cau be justly made.to any persoii sent by Mlississippi to represent her in the next Congress. 'They will, no doubt, all be elected at the time, place, and ii). the mane prescribed by law, a,ad by electors duly qualified, ~3ording to the law o thi S State prior to the 9th day of January-, I1861, d who have taken the amnesty oath, under the proclanmation of the President of tbhe 29th day of May, 1865, and thevy wil ll I take foi granted, hlave the qualificatioil of Senators and Representatives, respectievely, required by the Constitstito: of the United Stc,es. Upon what ground, thaii, can they be refused admittance? Assuming Mississippi to be a State in the Union, the right of her delegation to Coingress to all the privileges o(f ecnbei.s irom any other State follows irresista,bly. Suppose, howiever, they should be rejected, whether rightfully or not, what tlhen wou ld be our condition? All of our St.ate, district iand county offclees will be filled, by officers duly ,2.1), -S

MISSISSIPPI C")NS$ITUTIONAL CON~Y:NTI()N. elected, in strict accordance with the President's proclamstion and the ordinance of this Convention, passed pursuant thereto, and their official character would unquestionably be floly recognized by the President. Our State Government, therefore, being regularly orgsaized, aeccording to his owr. views, there would be no good reason why the civil law should rot be enforced here, in the same manner, and to the same extent, as in any other State. And I am not willing to believe the President would attempt, by mere despotic power or fwbitrary act, to prevent or interrupt the administration ot' our State Government; and, without his sanction, certainlynieither the military nor amy other branch of the Federal G(overnment could do it. Civil law would, consequently, T} revived and enforced in the State, while we would be tenpo rarily without representation in Congress. It would then remain for the people of thie Northern Statc, to say whether they would sustain their representatives in a. plain, palpable violation of the Constitution, and their solemn oath to support it. I know many believe, and I admit, not without very strong brounds for that opinion, that the Con stitution has not been, for several years past, very sacredly regarded by the people of the North, and that public officials have almost ceased to consider it their gfide or rule of ac tion. It is certainly true that it has, in many instances, been very uiceremoniously trampled upon. But that was during the existence of a gigantic war, that feaxItily threatened the life of the nation; and it is probable the people thought it better to submit to even gross violations of the Constitution than, by forcible resistance, increase the danger of, and, may be, insure a permanent severance of the Uni.on. With the return of peace, however, I trust different views will prevail. and I Itope to see the people of the North, as well as the people of the South, once more return to their allegiance to the Constitution, and viilantly and carefully guard and pro tect it against any and every assault oIr encroachment of Fei cral or any other power. The people of the North have as much interest in uphold — img tle Constitution as we have; and I am not prepared t<> believe they would sustain their representatives in so shame less a disregard Of its plain provisions. Justice to us, their duty to the Coistitution, and sound policy, would alike for bid it. If we a-re not bounid by the oath we have teen to vote fior this amendment, and its adoption is not necessary to entitle our delegates to Congress to all the rights and privileges of members from other States, would it be likely to relieve us ~~~~~~~~~~ ef military rule? Some gentlemen seem to believe that the sa's.eu.ion of thie writ of lbes corp's the denial of trial by 229

State. Genitlemieni ailso iry, in my opiniion,, whleni thiey sai- the army is keipt here to for a b Ti to ai~olishi slavery. If t hat is th ob ject of keepiing troops Jier, as s hleeli already worked by other States, why aro they conitilii-ued iii Tieessee, whein slavery was abolished by State action, a year ago or in Kenitucky ancid Marylanid,. h4ich were ieverecousidered ins-lre tionary Stat.es? But why should o he.Iresiocaut, or Congre-ss, wa- t.i, or anly o)tIer S ~ate, () aoobsa;c slavery'? 7inai; ]s..... aii-v~~~~~~~~~~,o2dt'!~x)' ODl done by a J)1esidential L:,:oc.ama'io.~L -:Jit,:~-i:...*:; is certainly uninlecssary for us t'o:::) have done. We have struck out e las'titution, in relation to slavery. A ifurtiiet aOtil- oil our iart would be purely s?),errogatory l-h7 ther sla v ery is legally abolished bly 12.e proclaiiaLtoii, (or not, is not To- us to determine. That a (<uestion, as,r Linicolin tol us, and our own distinguisdovernor, in his proclatnlmation, says, f)r the Courts. o one here, so'tar as! o dis.posed to raise thra quest ion. But if it e-e should cometiJp, it would be the du(t o t l' e o,rt, to determini-e i. An ]iL <i be, -the hlioleo. If an y man b[i h'(' - - I ten away fnrohim':i -,- t-:- - is legally Ciititled to _I, i' - my opinion, to -y, before -.Aoi, e ti;'.. l-v:,-at right be deniedch ti. The status of then.Jo howv-erer, is - v-.- - niatter, in my judgeiieut, -. colmylpari]soii -,-.... - it -innciple of liberty involved here. IL t is not wt a.!c the negro shall be freedbut wheither we shall be I)-'?o'''

IIssISSIP'I CONSTITUTI ONAL CONVENTION. the proclamation of the President is Constitutional; but whether we shall be permitted to live under whatever form of State Government, Republican in its character, and not inconsistent with the Constitution of the IJlnited States, and the laws passed pursuant thereto, we may think proper to adopt. The right of a State, to adopt such Constitution, as its citizens consider most advantageousto themselves, subject only to the limitation above stated, has never been questioned. And, I am not yet prepared, upon douLbtful grounds of temporary expediency, to yield a principle of suchvital importance. Believing the Federal Government has no right whatever to dictate to us, any amendment of our State Constitution; and that the S! ates have exclusive jurisdiction of' all questions like this; and not willing to yield a principle so essential to freedom, and the dignity and honor of the States I feel compelled to vote against the amendment now proposed.. NINTH DAY. WEDNrESDAY, AUGIUT 23, 1865. The Convention met pursuaint to adjourimneut. Prayer by the Rev. Mir. Pressley-, (member of the Convention.) Journal of yesterday read and approved. Mr. Simonton, from Commiittee on Enrolled Ordinances and constitutional amendments, siubmittedc the followingreport: MIR. PRESIDr\T: The Committee on Fk-rolled Ordinuaces and. constitutional amendments, respectfully report, that they have examined the following ordinances and constitutional amendments, and find the same correctly enrolled. An Ordinance adopted by the Convention 21st day of August, 1865, in regard to Elections. Amendments to the Constitution of the State of Mississippi, adopted by the Conenltion on the 21st day of August, 1865, in regard to slaves, and conferring power on the Legislature in cases thereihi. On motion of 3hr. Simonton, the report of the committee was received and agreed to. Mr. Sanders, of Attala, offered the following resolution, which was referred under the rule, to the Committee on State Constituttion-: 231

~PROEEliDIh'CS AND I) 1'ATiES I TIfttI< An Ordinance to amend the Constitution of the State of Mississippi, fixing the seat of government at the city of fackson, in the county of Hinds: Be it ordained by the people of the State of -msssippit, in (convention assembled, That the 3d article, 30th section of the Constitution of Mississippi, fixing the seat of government at t.-le citv of Jackson, in the county of Hindc, be and the same is hereby r epealed. Mr. Watson, of Marshall, offered the following resolution: Resol,ed, That a Committee of three be appointed by the t'resident, whose duty it shall be to prepare and report to the iext Legislature, for its consideration and waction, suchlt laws and changes in existing laws of this State, as to said (ommittee may seem expedient, in view of the amendments t.) the Constitution made by this ('onvention. On motion of Mr. Watson, 'i'he resolution w-as adopted. {r. Yerger, of Hinds, offered the following resoluti)o,, wiech was adopted: Resolsved, That the Committee on Enrolled Ordinances and Amendments to the Constitution be. instructed to have the (onstitution of this State, a-s amended, correctly enrolled, which shall thlen be signed and attested by the President of th,e Convention, andl- e by him deposited in tihe office of tle Secretary of State. Ar. Hudson, of Yazoo, offered the fbllowing Ordiinanlce: Be it ordaiv,ed,'That the special Courts of kquity heretofore, and that mav hereafter be established in this State y tie Provisional Governor thereof, be and the same are herey recognized to be ni existence, but that in all cases, the rig *sad benefit of exceptions, bills of exceptionw, writs of error a.pd appeals fiom saiidcl court, or courts to the High Court of :11i'rrors A.t i) Apti, j, ti; -evisiot -and jid lint of t'ie latter cour0t, shalll be and are hIereby secuired to any para,r itigant iR said court or courts, who may desire thle ame, ap i* now prosvided for anmd regulated by the laws of this State, in 4se of exceptions, writs of eSor, and appeals faom the Circuit and'Chancery Courts of this State, to the said Court of Errors and Appeals; and the said Court of Errors and Appetds shall take cogoniza-1e(, and Jurisdiction of slich cases, as in the case of -ppeal and Writ of Err(or from the Ciricuit anld C-iainieery Courts of this Statte: PIro?i(ded, that sucli stpeeial courts aml theo:'1,} h:.. 1tS)e:'.:i:, 4.;t, r'~Jae courts known to the Constitutioii and laws of this State are established, shall not be recognized beyond the thei infinished ~d instituted business of the same, and the records and papers of said special courts shall, upon their expiration, be d4eposited in the office of the several courts of this State, ia SI 8 .,

4c, ~ -t I — l.() "f ;e5 g o cr,. - .I;. P-. F C, 0 0 A 41 0 0 :z PI 0 0 s

1PROCELDINGS AI) 1)E,'ATi,S ]N TIlE On motioln of. Il.arrison, th.e Coniventioin procee(ecd to the consi(lderation of the ordinan.ce t,o )e entitled, "an ordinance to legalize and support thle legislative enactm'eits of Mlississi)pp)i, passed since the 9th day of JammraVi-, 61, anl( foi other 1)uiposes. The orcdinanice -Ieicig rieceive(d, MlIr. Marshall, of Warren, offeredl the followingo as a suibstitute for the salme: 7'te t)eol)le Of' the Stc(te o'f:1is.si' iii Uon~,et(io (.s'e~,ble(, Il ordcieri to quiet the public mind, (and remolloe any doubt that may exist on the subject, do herelebl ordain and (-declare that the official acts of all public oficers, wlethetici leoislative, executive, judici al o1 ministerial, passed o0 performed since the 9th dcl of Januairy, 1861; wlhether iightfully exercising the funcetions of tlheir lespective offices ol not, b)e aiid the same are hereby legalized to the same extent, as if tlis State had never dissolved, ol attempted( to dissolve, its (colnnection with the United States. MI. MIARSHALL, of Warren —Mr. President:-According to the v-iew I Qntertain, there is 110no action of this b)ody necessary oln that subject at all. We have a public statute that covers all the ground that was intended t)y the Coummittee, we could J< l'~[d lt i (ll i 7 I Ws r s l s'l-II"It lt t t, It) 1 stlJ ii (I.l0l4 in substance, what isl declared 1!ty my sul)stitute(. I think there can l,e little doubt, that the acts of all our off-licers, whether Mississippi be regarded one of the Confederate, or one of tho Uniited States, would be legal and binding, without anyi legislation on the sublject by us. Such I hold to be thle (lecision of all the Courts of Great Britain, on similar subjects; andCI such, I have no doubt, would be the decision of the courts of this country; but inasmnuch as there may be some doubt on the subject, and inasmuch a some incdividuals may feel uneasy in regard to transactions that occured during tle existence of the war; and to allay anlixety that may arise on the subject, I have proposed this amendment. Some mnembers have inquired, whether it would legalize legislative acts. I do not thilnk there ought to be any doubt in the mind of any one on that subject. Memnbers of the Legislature, as well as Judges, Justices of the Peace, and all other parties, actingo by authority, would be regarded as public officers. This act embraces akl public officers; no matter whether they be State, District or County; executive, legislative, judicial or ministerial. They are all embraced in the phraseology employed here, and it reaches, in a few words, the end intended to be accomplishe(d by the whole bill, with the exception, that it does not legalize or validate contracts, that may have beeln entered into during thewar; and that subject, I submit, the Convention has no power to control. If the contracts entered into by citizens-of 2'. 4

-MISSISIPPI CONSTITUTIONAL C )NVENTION. M'issippi, are valid now, they cannot be invalidated; cannot be destroyed by any action of this Convention. If they are void- now; no action of ours, can make them valid; and I do not think it necessary, to say anything by ordinance, on the subject. MR. MARTIN, of Adams-Mr. President -I think it is far preferable to the report of the Committee, for some doubt would certainly arise, if the Convention undertook to make contr cts valid; and more confusion would result from it,'! by leaving the matter as it stands at present, without interfering with it at all. I think there ought to be gn amendment to te substitute, so as to include legislative acts. MR. MARSHALL, of Warren.-It was designed to reach the end suggested by the amendment I offered. If a legislator is :noPa Cublic officer, I would like to know in what light he should be viewed. If he be a public officer, then there can be no question, but that this covers all legislative acts. MR. HA RRISON, of Loamdes-Mr. President -I am opposed to legalizing every act of the Legislature, and if that is the intention of the substitute, I shall be constrained to vote against it. I think in would be a very proper substitute for the secnd section of the bill. I have a substitutein my hand for the first section, andI think this: would be proper for. the second; but I shall vote against it as a substitute for the whole bill. MR. MARSHALL, of Warren: The object was'to be brief, and use no more words than was necessary to convey the ide, but, if gentlemen prefer, the substitute may state all public officers,-gslative, executive, judicial, or ministerial, or use the words,' State, district, or county." The amendment is not intended, anddoes not purport to legalize any act that would not be legal, if the State had never dissolved its connetion with -the United States. MR. BaR, of Lafayette: For the purpose of taking the sense of the House on this subject, I move to lay the substitute on the table; Which motion prevailed. t The first section of the Ordinance, as reported by the Committee, being under consideration, ,...L Harrison, of Lowades, offered the following as a sub:stitute for the same: 2.' d Be it ordained by the people of the State of ii:ippi, in Convention asembled, That all laws and parts of laws enacted by the LeIslatu re of the State of Mijsippi, since the'th day of January, A. D. 1861, so far a.the same are no, t conffict with, or repugnant to the Constitution of -the United States, and the laws made m pursuance thereof, or of the Constitution of this State, as it existed on the 1st 16 235

PROCEEDINGS AND DEBATES IN T day of January, 1861, or in aid of the late rebellion, except the laws in relation to crimes and misdemeanors, and except an act entitled an act to enable the railroad companies of this State, to pay the mnonies borrowed by them, "approved December 7thl, 1863," be and the same are hereby ratified and confirmed, and declared to be valid and binding from their respective dates; and the same shall remain in full force and effect, until altered or repealed according to law. MR. HIARRISON, of Lowndes-Mr:. President: This substitute proposes not to ratify the criminal laws of the land, at least those adopted since the first of January, 1861, for the reason that it would be an ex post facto law, in my opinions and unconstitutional. If the law is valid, there is no use in iatifying it, and I do not wish to commit myself, or the Convention, by doing what I consider purely unconstitutional. I therefore insert, "except the law in relation:-t-crimes and misdemeanors." Mr. Jarnagin, of Noxubee, offered the following amendmient: Strike out the words, "in aid of the late rebellion." Mr.. JARIAGIN, of Noxubee: In offering this amendment I would'simnply remark, that the substitute leaves to the decision'of every individual the question, whether these particular laws were in aid of the rebellion, or not. Now I think there are a great many laws passed by the Legislature since. the 9th January, 1861, in regard to which it would be very difficult to discriminate whether they were in aid of the rebellion, or not. For instance, in regard to the issuance of the cotton money, it might be difficult to determine whether it was in aid of the rebellion, or not. The necessity certainly arose from the rebellion. A large amount of money was issued, to be expended for the benefit of the indigent of the State of Mississippi. The question would arise whether the act was passed in aid of the rebellion. It clearly grew out of the rebellion, and there would havebeen no necessity of legislating upon that subject, and divers other subjects, if we had not been in a state of rebellion. If we can possiby make it more plain, and designate in a general way what statutes are intended to be valid, or what not, it will be muoh better. It leaves the whole question open for the courts to decide, and for every individual to form his own judgmentwhether any particular law was in aid of the late rebellion, or not. I wish to make it as definite as possible, and move to, strike out the words, "in aid of the late rebellion." MR. HIOUSTON, of Monroe-Mr. President: I shall vote against the amendment offered, for-it seems to me that these, like all other laws, will be for the consideration of the courts' of the country. There is nothing more indefinite in that part 23

MISSISSIPPI CON STITUTIONAL CONVENT'ION. of the ordinance, than there is in the portion of it which speaks of the validity of the laws which are not unconstitutional with the Court of the United States, or the State of Mississippi. Who is to decide what laws are in contravention of the Court of the United States, and the State of Mississippi? It is as much a question for the Conrts to decide what was. On motion of Mr. Cooper, of Ranlun, The amendment was laid on the table. The question recurring onl the substitute offered by Mr Harrison, Mr. Potter, of Hinds, offered the following amendment: Strike out the words, " so far as the same are not in conflict, &c., to the words, " late rebellion," inclusive, and insert in lieu thereof, the words, "which would have been valid if enacted in time of peace." Mir. Yerger: For the purpose of testing the sense of the Convention, I move to lay the amendment on the table. Carried. Mr. Hudson, of Yazoo, offered the following amelndpent to the first section, which was adopted: Provided, That the acts of the Legislature of this State, passed in April, 1864, for the suppression of distilleries, and the sale of spirituous liquors, and declaring the same to be a public and common nuisance, and all acts and laws authorizing the payment of dues to the State in Confederate money, or notes, shall no longer be in force, but are hereby declared henceforth inoperative. MR. WATSON, of Marshall: I cannot vote for the substitute in the form which it now stands. I regard every distillery that has been established in the State, as an unmitigated evil and nuisance. I cannot, by my vote, even under the circumstances in which we are now placed, legalize the distilleries that have been erected, and have been pouring forth their poisonous streams upon our population. MIR. BARR, of Lafayette: I move to reconsider the vote adopting the proviso. On motion of Mr. Morphis, of Pontotoc, the proviso was laid on the table. Mr. Yerger offered the following amendment to the substitute offered by Mr. Harrison. Provided, That all acts and laws authorizing the payment of dues to the State in Confederate money, or notes, shall no longer be in force, but are hereby declared henceforth inoperative. MR. HUDSON, of Yazoo: The object of the Proviso was to accomplish that which the gentleman from Marshall, [Mr. Watson] upholds. It was to suppress the distilleries of -the 23.7

PROCEEDINGS AND DEBATES IN THE State-the monopolists on that subject-and I propose to silence them at once. At this time, especially, I think they are an element of the greatest danger in our country. As to my amendment to suppress these things, I agree to go so far as any one else on that subject, and it was with a view to that end-not only of suppressing other distilleries, but those authorized to distil, that I offered the proviso. MR. WATSON, of Marshall-Mr. President:-The gentleman from Yazoo, I dare say, is correct in his understanding of this whole subject. I was in error to some extent. Now, sir, I do desire to suppress the two State distilleries, and I do not wish to abrogate the law passed for suppressing the many distilleries which had been established in the State. If the proviso offered by the gentlemen from Yazoo, (Mr. Hudson,) had been adopted, all the laws prohibiting distilleries would have been repealed; and any one would have been at liberty to have established a distillery. That would have opened the very flood-gates of evil. It is true, that was done, without perceiving what the proviso of the gentleman from Yazoo intendedl to do, under these circumstances, I shall move to amend the substitute before the house. Mr. Whtson, then offered the following as an amendment to the amendment offered by Mr. Yerger, which was accepted by the latter: And provided, That all laws authorizing the distillation of spirits, on State account, etc. Mr, Jarnagin offered the following amendment, which was also accepted by Mr. Yerger, Providedfurther, That this ordinance shall not make valid any act passed by said Legislature, which mav conflict with any ordinance passed by the Convention. IMr. Watson offered the following additional proviso: Providedfurther, That all laws for the suppression of distilleries and intemperance, passed in the year 1863 and 1864, are hereby revived as valid acts of the Legislature. MR. HARRISON, of Lowudes-Mr. President: I have read the laws rt,yself, and can state that they were intended as war measures, aund did not profess to be for the suppression of intemperance; but were passed to prevent the distillation of spirits, from peaches, apples, and any kind of fruit or vegetables. They were war measures to prevent our soldiers from being demoralized. There are a great many provisions in tht laws, it would be competent for the Legislature to repass. I profess to be a friend of temperance myself; at the same time, I do not see any reason why a man may not be allowed to distil a few peaches or apples, when the State has been thrown open for the introduction of foreign spirits. The laws are of no practical effect, and the Legislature meets in 0 238

;- tISSISSIPPI CONSTITUTIONAL CONVENTION. time to pass proper laws on that subject. The only effict of the law is to run from this time to the meeting of the Legislature, and I see no reason why we should press the question on this Convention, at this time. MR. WATSON, of MIarshall-Ir. President:-I am aware t+hat unless these laws are of such a character as to be valid, and operate under the circumstances in which they have heretofore existed: in other words, if in violation of the Constitution of the United States, or the State of Mississippi, or if intended to aid the rebellion, then they would be held void; but, in my judgment we shall accomplish much, if we put them in force from this time, until the Legislature mets. In the town of Holly Springs, we have some half dozen retail establishments, for the sale. of liquor, and several of them are kept by negroes. Intemperance there, has became a very great evil. Nowv, I desire to suppress this intemperance. We have a distillery or two, in the county there, doing much mischief. I desire these evils to be suppressed, and I never knew a law that was intended to suppress intemperance, that did not advance the public good. On the day of our election, by an order from the military authorities, the groceries and drinking establishments were closed; and, sir, the order, propriety andsobriety'that characterized every man in town, on that day, was most remarkable; and I asked myself how it was possible, when that good effect resulted from the suppression of intemperance, was so manifest and incalculable, that the people having the subject under their own control, would suffer themselves to be inflicted by this great evil. I want something done to-day, to arrest it for the present, until proper legislation can be had. DMr. Miorphis, of' Pontotoc, moved to lay the amendment upon the table, Which motion was lost. The question recuring on the adoption of the amendment, it was decided in the negative. The question wasthen taken on the amendment offered by Mr. Yerger, and decided'in the affirmative. On motion of Mr. Harrison, the first section, as amended, was then adopted, and is as follows, to-wit: SEC. I. Be it ordained- by thepeople of the State of'isst8ss,pi in Convention assembled, l'hat all laws sand parts of laws, enacted by the Legislature of the State of Mississippi, since the 9thl day of January, 1861, so far as the same are not in conflict with, or repugnant to, the Constitution of the United States, and the laws made in pursuance thereof, or of the Constitution of this State as it existed on the 1st day of J3inuary, 1861, or in aid of the 239

PROCEEDINGS AND DEBATES IN TtIt late rebellion, except the laws in relation to crimes and misdemeanors, and except an act entitled "An act to ena ble the railroad companies of this State to pay thie monies borrowed by them," approved Decernbei 7th, 1863, be and the same are hereby ratified and confirmed, and de clared to be valid and 1)indin firom their respective dates; anid the same shiall remain in fuill force and effect until altered or repoaled according to law: Piovided, That allacts and laws autholrizing the payment of dues to the State in Confederate money or notes; and all laws authorizing the distillation of spirits on State account, shall no longer be in force, but are declared henceforth inoperative: Provided flurther, That this ordirance shall not mlake valid any act passed by said Legislatture, which may conflict with any ordinance passed bv this Con.vention. The second section being taken up, * Mr. Harrison, of YLowndes, offered the following as a substituLe for the same:' SEc. 2. Be'i/t-u}Ae" ocrda;nec7, That the official acts of all acting public officers of the State of Mississippi, in possession of any office, and exercising the functions thereof, since the 9th iday of Jainuarys A. D. 1861, and done and performed under color of the laws of said State, and in pursuance thereof, and not inconsistent with the ConstituLtioa of the United States, and the laws made in pursuance thereof, or in aid of thie late rebellion, be hereby legalized, ratified and confirmed, and declared to be law fil acts in regard to the persons interested therein, or affected thereby, whether such person be lawfully entitled to hold such office or not, and whether suck persons be lawfilly qualified or not. Mr. Houston, of Monroe, moved to amend the substitute by inserting after the words, "the Constitution of.the United States," the words: "or the Constitution of the State of Mississippi." The amendment being accepted by Mfr. Harrison, Mr. Cooper, of Rankin, moved to lay the substitute on the table, Which motion was lost. - The third section was then taken up, when Mr. Harrison, of Lowndes, offered the following substitute for the same SEc. 3. Be itfurther ordained, That all official acts, proceedings, judgments, decrees and orders. of the several courts of the State, including the boards of county police, 240

MISSISSIPPI CONSTITUTIONAL CONVENTION. regular upon their face and rendered under color, and in the ordinary course of law, together with all sales made by judicial officers, executors, administrators, guardians, and all other persons acting in a fidicuary or ministerial capacity, in regular and due formrn, and whelre the same have been executed by the payment of the purchase money, are hereby legalized, ratificd', and confirmed: subject, nevertheless, to the right of appeal, writs of error and supersedeas, accord ing to the ordinary rules and forms of law. Mr. Barr, of Lafayette, 6ffered the following amendment, which was accepted by MIr. Harrison; Pr6vided, That in all cases in Which judgments have been rendered in the Circuit Courts in this State since the 9th day of January, 1861, and prior to this date, the party against whom such judgment has been rendered shall be entitled to a new trial, upon his filing an affidavit that he was unavoid ably absent from the court where tlihe judgment was rendered, at the time of its rendition, and that he had no attorney present in the court and that he believes that the judgment is unjust. MR. BARR, of Lafayette-Mr. President:-I desire simply to state, that this is intended to cover caseswhere judgements were rendered by the Circuit Courts, and the parties were absent at the time. It has come to my knowledge, that in two instances, judgments have been rendered in the Circuit Courts, in which great injury has been done to the parties, who were not there. It is but just, that these parties, who were necessarily absent, when the jndgemlts were rendered; who were not represented, and had no hearing, personally or by attorney, shall, upon making the. affidavit, have a new trial. MR. HARRISON, of Lowndesl accept the amendment. I think the word is broad enough to cover all official acts of every description. MfL HOUSTON, of MonroeFor that very reason, I shall feel myself constrained to vote against the substitutes. It leaves the question open for litigation,. and great hardship might be done to parties, who had made purchases. It may be determined by the Courts, that the sales are legal; and in many cases, property was sold for ten times its real value, in coin. Payment was made in Confederate notes, while the only money known to the Constitution is gold and silver. It would be a very great hardship, to leave that an open question; perhaps to be decided by the Courts, that the parties were paid for the property purchased in good money, at Confeder ate prices. For that reason, I desire something should be said in reference to that, and that it shall' not be left an opeR 241 1 -4t

PROCEEDINGS AND DEBATES IN THE question, so that the value of the property, at the time of the sale, may be investigated by the Courts of the country; and the party may not be compelled to pay more than what was the real value in Constitutional money. "Dollars" in notes, means dollars in gold and silver. I shall have to vote against this proposition, unless there can be some amendment inserted to allow these questions to be investigated, and inquiry made as to the real value of the property. MR. HARRISON, of Lowndes.- I would suggest to the dele gate, that in my judgment, he is doing what he does not intend -running on the evil he desires to avoid. Weleave tle ques tion whlere the party has purchased with Confederate money, to be litigated. If the gentleman can devise'any proviso, by which the desired end can be reached, I have no objection, and should be glad to have it done; but I have not been able to frame one. AMy idea is to leave it to stand where the law places it. If the sale was made by an officer who was not authorized to do it, let the party plead that fact. If he agreed to pay five times the value, ill Confederate money, he must plead that; but I know of no10 amendment by which that car be reached. I do not think the gentleman ought to vote against the whole proposition for this reason. MTR. HOUSTON, of Monroe. —I understand the substitute to be this: That all the action, not only of the Courts, but of ad ministrators, executors, and all persons acting in a fidiciary capacity, shall be ratified by this ordinance. If you ratify these acts; if the administrator or executor has gone on under the order of the Court, and sold the property; we ratify his act in the sale, as well'as the act of the Court, in making the order. We have ratified the whole transaction, and thereby made the parties purchasing the property, liable to pay for the property, under that purchase. The difficulty which I have, is where the party lias given his note for so many dollars. HIow can the party get testimony before a Court, to say it did not mean gold and silver? For the purpose of avoiding ,:his difficulty, I propose this amendment Provided, That in cases of sales made as aforesaid, and in . l other cases in which parties have executed notes or obligations for the payment of money, parol testimony shall: be admitted to show the real yaluie of the property at the time of sale, and that shall be the measure of indebtedness of the parties. MR. YFRG]E, of Hinds.-I shall -not support the proviso offered by the gentleman from Monroe, (Mir.'Houston.) In the first place, I do not think we ought to legislate at all, in reference to private sales; but leave them to stand where they stood, under the laws, at the time. In regard to judicial sales, I think it is right and proper, where the contracts have not. 242 0,

MISSISSIPPI CONSTITUTIO NAL CONVENTION. been executed, that the parties should be relieved, unless they agree to a fair value of the property, at the time of the sale. If the proviso is not adopted, T shall offer one that will pro bably cover the ground. Mr. Simonton, of Itawamnba, offered the following amend ment, which was aceepted by Mi.. Houston: Provided furgther, That executors, administrators and other officers acting in a fidicuary capacity, shall have power to compromise and agree with persons against whom they hold notes, bonds, judgmeneits, or other evidences of debt, as to the real value of the property for which such evidences of debt were given, subject to the approval of the judge of probate of their respective counties M Af. HITUDSON, of Yazoo. -The substitute does not give any reason for the absence of the party. I think lie ought to be required to state that he was unavoidably absent; or not able to be present, ai consequLence of which injustice was done. As it now stallnds, he may ha-ve been able to be present, and was -unintentionallay absent. I insist that he should be required to say that hle was unavoidably absent. Mn. JARNAGIx, of Noxubce. If I understand it from' the reading, it is to ratify the acts of the executors and adminis trators, in a sale where the. money has been paid, so far as the administrator or executor is concerned. Almost all the sales which took place after January 9th, 1861, were sold, not on time, but for cash. If the order of the Probate Court is ratified making the acts valid, it will do great injustice to the minor children. For instance, an administrator sells to the amount of $30,000 or $40,000, which was received in Confederate money, which is now in the hands of the administrators. Shall we look alone to the relief of the administrator? In other words, does this go so far as to legalize the acts of the administrator, and authorize his setttleinent with the Probate Court, by bringing in this Confederate money? If you do this, you bankrupt all these estates. If he has acted in good faith, and kept the money in hand, of course the children will not get a dollar. I wish to leave the administrator or executor without any ratifications whatever of his acts by us. The amendment was then adopted. MAIR. WATSON, of MAarshall -Mr. President:-I beg to sub mit a proposition in lieu of the amendment of the delegate from Monroe, (MIr. Houston.) I think that gentleman goes a little too far. If a party sees fit to pay a thousand dollars in specie, for property worth five hundred, we cannot help it, or interfere with such a contract, or impair its force or obliga tion. But we can do this: The parties generally contempla ted notbin b)ut Confederate monev. I know instances in ,43

PROCEEDINGS AND DEBATES IN THE which't party agreedl to give two thousand dollars for a house, which bothil parties understood was worth $150 or $20()0, in specie, -redl they contemplated payment in paper money; yet the note was written for two thousand dollars, without specifying Confederate money; and by the laws there is no relief; it is a writing, and there is no fraud, surprise or mistake. The parties wrote down one thing and meant another. It is admissable by law, to say parol testimony shall be heard to establish the true intent and meaning, and say what in specie is the proper amount to be recovered to do justice, and to meet that case, I propose this amendment as a substitute for the original proviso, which I hope the gentleman will accept: Pro$vicled, That in cases of sales made as aforesaid, and iu all other cases in which a party has executed a note or agreement in wrting for the payment of money, parol testimony shall be admtissable to prove whether or not such contract contemplated specie or currency, and to'show what amount in specie.the payee or obligee has a right equitably and justly to demand or recover. MR. IOUSTONx, of MIonroe-I cannot accept the substitute for this reason: It can conceive of no mode by which we can get at the true intent and meaning Qt parties in all casses. Very often, Probate Courts have made orders for the sale of property, for Confederate money,'Again, they have made orders for the sale of property, for gold and silver; and again, on credit, without specifying in what it should be paid. Suppose in a case of that character, parties go and make a purchase at that sale; how are we, by parol testimony, to ascertain what was the true intent and meaning of the parties. There was no agreement between them. The property was offered for sale, by order of the Court. which we render valid, by our action, and the other party goes up, and purchases it at a price, greatly beyond its real vahlue, in the legal currency of the country, and we have Vo means of arriving at the fact of what was the agreement between them. One party may have intended to pay in Confederate money, and there was no agreement between them. But, in the proviso I have proposed, amending it, we can arrive at substantial justice to all parties. MR. JONHSON, of Smith.-There have been so many amendments and provisos offered, thatis a difficult matter for me to tell what is before the Convention. There are still other amendments proposed, and.I move that this section and amenclment be re-committed to the Committee, with instructions to report as soon as possible. The motion to refer was lost.' MR. WATSON, of Marshall-Mr. President:-I think it ought 2 I

M\fISSJS )iP.,P CON;~'?TUTJ(>NAL C'2vJ.;NTI(:5N. to be competent to oe what wras the intention and meaning .6f the parties. A sale is.dvertised; parties assemble, and a horse is broughtl out, and tiy l-iegin to bid, $500, 81000, 81,500 or $2000; wheni every clfe knows, if specie was in contemplation it the parties, tti-ey would bid, 850, 860, $70.or $80. Persons present could determine, whether or not7 the sale contemplated specie or currency; and so in transactions between other parties. The time at which the transaction was made; the circumstances concerning it; the fact, that everything was contracted with reference to Confederate money; are facts, which would abundantly satisfy any jury, as to whether the contract contemplated specie or currency; and while we have a right to reduce the recovery to what is justice and equity, we have not a right to go back and determine what the purchaser agreed to give more than the object was worth. It is impairing the obligation of contract. The note has been given for $2000; and it obviously contemplated Confederate money. The trute plan is: what was the $2000, worth in specie; and not what the horse was worth; which would be attempting at once to impair the obligations of a contract. Take the other view, and ascertain what the parties really intended to get on the one hand, and to receive on' the other, and reduce that to the specie standard, and we are just enforcing contracts which we have a right to do. Mn. JARNAGIN, Of NoLxubee.-There are a great many contracts, where the debt is not due, in which Confederate money was specified. I seems to me, the amendment does not go far enough; and I shall be compelled to vote against it, unless it goes farther than is contemplated. The amendment was adopted. Mr. Jarnagin, of Noxubee, offered the following amendment: And provided further, That any executor, administrator, guardian or other fiduciary agent, who shall have been guilty of any neglect of legal duty, ia his or her fiduciary capacity, shall not be legally hereby protected against the legal consequences of such neglect or failure in his or her legal duty. Mr. Harrison, of Lowndes, moved to lay it on the table, which was carried. The third section, as amended, was then adopted, and is a,. follows: Src. 3. Be itfurther ordained, That all official acts, proceed ings, judgments, decrees and orders of the several Courts of this State, including the.Boards of County Police, regular upon their face, and rendered under color, and in the ordinary course of law, together with all sales made by judicial officers, executors, administrators, guardians, and all other persons acting in a fiduciary or ministerial capacity, in regular and due 245

PROCEEDINGS 4ND DEBATES IN THE' form, and where the same have been executed, by payment of the purchase money, are hereby legalized, ratified and confirmed; subject, nevertheless, to the right of appeal, writs of error and supercedeas, according to the ordinary rules and forms of -law: Provided, That in all cases, inll which judgments have been renderedin the Circuit Courts, in this State, since the 9th January 1861, and prior to this date, the party against whor such judgement'has been rendered shall be entitled to a new trial, upon his filing an affidavit that he was unavoidably absent from the Court when the judgement was rendered, at the time of its rendition, and that he had no attorney present in the Court, and that he believes that the judgment is unjust Provided, further, That in cases of sales made as aforesaid, and in all other cases in which a party has executed a'note.or agreement in writing, for the payment of the money, parol testimony shall be adinissable to prove whether or not, suchi contract contemplated specie or currency, and to show what amount in specie the payee or obligee has a right equitably and justly to demaid or recover: And providedfurtheri That executors, administrators and other officers acting in a fiduciary capacity, shall have power to compromise and agree with persons, against whom they hold notes, bonds, judgments or other evidences of debt, as to the real value of the property, for which such evidences of debt were given; subject to_the approval of the Judge of Probate of their respective counties On mrotion of Mr. Harrison, The 4th, 5tih, 6th, 7th, and 8th sections of the ordinanlce as reported by the Committee, were stricken out. Mr. HaTrrison, offered the following as a substitute for the 9th section: SEC. 9. Be it fuitther ordained, That all marriages entered int-din this State since tbe9th day of Janiuary, 1861,by persons capable of contracting, are vaSlid and binding, and are hereby ratified and confir-med, and -declared to be legal andI alid from their respective dates, whether celebrated with the usual forms and ceremonies or ot. Mr. Simontonl, of Itawamba, offered the following -am-eidment, which was adopted: SEC. 5. P])ovided, That it is not intended by this ordinance to validate or invalidate the act of any officer or person acting as an officer, in receiving any monies payable-to the State fromn the railroad companioes, but to leave the same subject to adjudication by the courts in the future. The question was then taken on the adoption of the ordinanee as amended, and decided in the hffirmative. Mr. Simonton, of Itawamba, offered the following resolution, 246.

MISSISSIPPI CONSTITUTIONAL CONVENTIN. Which was addpted: Resolved, That the President be authorized and directed to order the printing of a sufficient number of blank writs of election, with the ordinance in regard to elections, passed by this Convention attached, to be filled up by him, and directed to the Sheriffs of the several counties in the State. On motion of Mr. Peyton, of Copiah. The Convention adjourned until 4 o'clock, P. M. FOUR O'CLOCK, P. M. The Convention met pursuant to adjournment, The President appointed as the Committee to prepare and report to the next Legislatue, for its consideration and action, such laws and changes in existing laws of this State, as to said Committee may seem expediont, in view of the amendments to the Constitution, made by this Convention: Messrs. A. H, Handy, of Madison; E. J. Goode, of Lawrence; and W. Hemingway, of Carroll. Mr. Simonton, from the Committee on Enrolled Ordinances and Constitutional Amendments, submitted the following report: MR. PRESIDENT: The Committee on Enrolled Ordinances and Constitutional Amendments respectfully report: That they have examined an ordinance adopted by the Convention, on the 22d day of August, 1865, entitled an ordinance in relation to the Ordinance of Secession, and the other ordinances and resolutions, adopted by a former Convention, held in the City of Jackson, on the 7th day of January 1861, and on the 25th day of March, 1861, and find the same correctly enrolled. On motion of Mr. Simonton, The report was received and agreed to. Mr. Johnson, of Marshall, offered the following resolution: Resolved, That in the opinion of this Convention, the accumulation of a redundant population of Freedmen, in particular localities; and thereby the fearful prevalence of pauperism, should be guarded against if possible; and this end, that a judicious system of colonization should be adopted; and the Senators and Representatives, who shall be elected from this State, be requested to promote the same. On motion of Mr. Barr, ot Lafayette, Thle resolution was indefinitely postponed. Mr. Harrison, from the Committee on State Constitutioa, submitted the following report MR. PRESIDENT: .247

',. (:, "f) ~ A,'"' ) I -'' i TI'' i * The Commnitee m oa the Con$stituti-on, to whom was referred "an ordinance t.t am-end thei Coist;-/ttion of the State, fixing the seat of G ~vern en.t, -a t the Ci+ty ofi ackson, in thle County of IHinds,"' bJeg leave t) report: Tha-t tiey adhere to the opinion expressed i~n thei "-,irst report, s,ubmitted on a former diay, "that it is iot necessary or proper at teli presenttime to enter into other or firthe alte(rations or amlendirents of the Constirution upon its general provisions," id -accorcliuly the,y recommend thab the proposed orditieiie doO Io~ pa9ss. On motion of Mr. Iarriso, The report was received and agreed to. Mr. Peytou, of Copiah, offcerd thle foliowinr ordi- nance: SECTION I. Be i ordairC( c d(it (ela'e,37 and i s iereby ordainerd a;e(I, Ti ie a t, ti a e tI e 1" S-,(c stioni of tcie 4eh artiale of thle Co'listitutioi of th,e State of Mississip)i be so amiended asto read as ollows-, to-xit: A Court of Pirobates slall be. established in eaclh county in this Stte, with jurisdiction in all matters testamniJtary. a f adnistati, inr minors' businss, atd4 alot len t (of joe', i ca es o idioc arid lunacy, and of p)ersons no eornrosmei flet1s. Tlhe Juid e of said GCourt shall e elected by the qualified elec cors oi the respective counties for the term (ii tivo veirs. - On motion of Mr. W.atson, of Marshall, the above ordinance was refered to the Committee on State Constitution, with instructions to report favorably thereupon. -Mr. Cooper, of Rankin, offered the following ordinance: An Ordinance to be entitled an ordinance, to enable the Sheriff and Clerk of HIancock cotmty, to exncute olfiecial bonds. Be it ordained, That the penalty of the official bond of the Sheriff of Hancock country be reduced to five thousand dollars; and the penaltvy of the offieial bond of the Circuit antdProbate Clerks of said county be reduced to twenty.five hundred dollars, each, until the Legislature of the State of Mississippi, shall by law, increase or otherwise change them or either of them. Mr. Watson, of Marshall, presented a comumunication from Gen. A. M. West, which was read for information. Mr. Johnson, of'Smith, called up the following ordinance, submitted by him this morning: An ordinance to submit Article eight, of the Conistitution, pro posed and adopted by this Convention, to the qualified voters of the State, for their adoption or rejection. SXoTIoN 1. Be it ordained by tire Convention, That article eight of the Constitution, adopted by this Conventiom, the 21st day of August, A. D. 1865, be submitted to the qualified voters of the State, at the general election, to be held the first Monday of October next, for their adoption or rejection. 24 —S

MISSISSIPPI CONSTITUTIONAL (.ONVENTrlo-V. Src. 2. -The returning officers of the -several election pre cincts of each county shall propound to each voter, ashe pre sents his ballot: "AMENDMENT, or No AMFiNDMENT; and the voters who may be in favor of adopting said Article eight, -as a part of the Constitution of the State, shall answer: "Amend ment;" and those who may be opposed to it, shall answer': ino Amendment." - SFo. 3. The Clerks of election of each counity shall keep a correct account of the number of votes cast, for and against said Article eight, and the returning officer of;each county shall make due return thereof to the Secretary f State; and if it appears from the full returns that of those wha voted on said proposition, a majortty voted in favor of said Article eight; then the Governor of the State, shall issue his procla* mation, declaring that fact, and that said article is a.part of the Constitution of the State; but if it appears tlaat a majority n-oted against said article, then the Secretary of State shall make report thereof to the nextLegislature,:and it shall be the duty of the Le'slature to strike out sad article from the Constitution. Src. 4. It shall'be the duty of the President of this Con vention, to call the attention of the Sheriffs to this Ordinance, in the writs df election, which this Convention has directed l him to issue. Mir. Yerger, of Hinds, moved to lay the ordinance ipon the: table, Which was, decided in the affirmative, by yeas and nays, called for by iiessrs, Johnson, of Smith; Johnson, of Marshall; and Brown, as follows, to'wit:: , li;; 0," 0 z''''''0::: i:....~ 0 W.'...:: YEAs-Mr. President, Messrs. Billups,: Binford, Brandon Byars, Cason, Cooper, of Rankin, Cooper, of Panola, Crum, Goode, Gully, Hall, Hamm, Harrison, Hemingway, Horne, Houston, Hurst,. Hudgon, Jarnagin, Johnston, of Hinds, Johnson, of Choctaw, Jones, King, Lewis, Loper, Marshall, Martin, of Adams, Martin, of Sunflower, Matthews, Montgomery, McBride, Niles, Owen, of Tunica, Peyton, Pressley-, Quin, Rushing, Sanders, of Attala, Sessions, Simonton, Slover, Maury, Stricklin, Tate, Webb, Wilson, Wooley, Wylie, Yerger. — 50. /':i NAYs.-Messrs. Barr, Bailey, Blackwell, Bond, Brown, Car ter, Compton, Crawford, Cummings, Dorris, -Dowd, Dunce;s Franklin, Gaither, Gowan, Griffin, Heard, Hill, Johnson, of of Marshall, Kennedy, Lambmdin, Lewers, Lindsey, Malone, Morphis, Owens, of Scott, Phlpps, Potter, Reid, EReynolds, Rives, Sanders, of DeSoto, Sparkman, stanteyStone, Swett.,. Trotter, Wallace, Wall, Watson, White, Wier; Woodward.-"' 44. 2.49.

PROCEEDINGS AND DEBATES IN THE Mr. Harrison, of Lowndes, from the Committee on State Constitution, submitted the following report: Mn. PIRESIDENT: The Committee to whom was referred an ordinance, in relation to changing the 18th section of the 4th article of the Constitution, report: That they recommend that the same do pass. On motion of Mr. Yerger, of Hinds, The report was received and agreed to. On his further motion, the ordinance was adopted. The ordinance offered by Mr. Hudson, in relation to Special Courts of Equity, was then taken up. On motion of Mfr Hudson, The ordinance was adopted, Mr. Reynolds, of Tishomingo, called up the resolution instructing the Committee on State Constitution, to report aa ordinance, extending the jurisdiction of Justices of Peace. Mr. Johnson, of Smith, moved to reconsider the vote, by which the report of said Committee on this subject was agreed to onl a former day. Mi. HARRIsoN, of Lowiides. I am utterly opposed to taking away the right of trial by jury, where it is conferred by the Constitution of the LInited States, and the State of Mississippi, and'giving it to the Justices of the Peace. So far as I am iudividually concerned, I have never had any great admiration for these judicial tribunals; though they are very necessary and proper, and very respectable. It is proposed to change the jurisdiction of Justices of the Peace, in cases of promissory notes and obligations, from $50 to 8150. It will be a peculiar hardship on the poor man. They serve their process, in from five to ten days; and can give judgment in, ten or fifteen days. MtR. DUNCAN, of Tishomingo.-A man goes into the Courts of the country, on a note of $50, and will have to pay an Attorney from $5 to $10; so that it would cost from $15 to $20, in the Court. It is to save cost that the amendment is proposed. A little money goes a long ways now, with alarge majority of the citizens of the State. A Convention may not be assembled again for twenty years; and I hope this act of justice to the people will be extended to them by this body. MnR. HAI'RION, Of Lowndes.-The idea that because a man has a note, there is no litigation, I do not think at all conclusive. It is merely evidence of indebtedness, and that is all, and if the object is to decrease the cost, the Legislature can:make the cost less in the Circuit Court; but the mere idea that if it is brought into th Cir euit Court, it will save:cost, would not be sufficient, I think to justify us in taking this step. -250

MISSISSIPPI OO0N,ITUTIONAL CONVENTION. Before a Justice of the Peace, th.ese tlhings will be expedited ia favor of the creditor. Af.. Br,,owi, of Yallobusha.-I think the juisdiction of a Justice of thle!Peace should be extended. If an officer is capable of giving a correct decision upon an account of $50, he can do it where $500 is involved; but limiting it to $,0, the reimuneration is so small, that it is impossible to get a nman who is qualified, to discharge the duties of the office, and to accept it.'It is a farce as it stands, and yet, we cannot well dispense with it. If the right of appeal is allowed, the party can take it to another Court, and employ counsel, and I think it is right te jurisdiction should be extended. Mn JOhNSTON, Of Hinds.-The right of appeal exists from the Magistrate's Court very properly, and it seems to me that this would be tuinjust to the debtor, in this: that it would inorease the cost. If a mri was sued for a debt of one or two hundred dollars, and judgment rendered, an appeal would be taken to the Circuit Court, and there is a double til oi costs. If an Attorney could he dispensed with at the Magistrates, it etainly cotld not be dispensed with at the other Court. MR. R~YNOLDS, of Tishoming0o.-I think we had better extend the jurisdiction of I)agistratel. I was ten years in the Legislature, and I d(o riot think that there was a year in which there was not a bill introduced to c-tetnd this jurisdiction. If tle people desire i;, let them have it. I do not think the Convention should refuse to complly with the dcmand; for if the Magistrate has the right to try cases without the interposition of a jury, the right of appeal exists. I am satisfied whether it will diminish cost or not; whether it will be in fi.vor of the debtor or creditor, the people all demand and want it. It will require but little trouble for iA to s done by tis'.s C-i,nvenrtion, and I think it should be done. No harm cf resut, and protection t,) the debtor rtd C:i edt r, plc?intl, and defieiant would be given by seecuring the right (if appeal. Mn. JOhNSON, of Smit1e. Pret sidcnt: There slre two Gong objections to this am ent at this time-admitting that it would be proper at ordinary times. In the first place, it opens the question of general amnendments to the Constitution-for I suppose there are vely few members here, but what might wish to introduce an ordinance proposing some change therein. Another objection is this: Some persons apprehend that suits will be prosecuted as soon as the courts are restored, on account of notes held, and that there is, consequently, great danger of a sacrifice of property. I think this very probable, for persons can prosecute suit to judgment in the course of eight or nine days, and have execution issued in ten or fifteen. I was jreformed by a member of this Convention, that he had 17at el 251

PRO'iNGS AND DBATES YN placed in his hands, a short time ago, one hundred and twenty-five thousand dollars, in notes, &c., for collection. Now, if people holding these large claims, proceed, forthwith, to sue upon them before Justices of the Peace, they get judgment and execution in so short a time that there is unquetionably danger of a great sacrifice of propery. MR. MARTIN, of Adams:'From my experience at the bar, my business and that of other members of the legal profession, would be increased by sustaining the proposition; but, as a member of the Committee, I have committed myself oa the subject. I shall vote against it, so that we cannot be accused of voting otherwise than disinterestedly in regard to this mratter. I think the jurisdiction now given to magistrates is about as extended as it ought to be, and if we open these subjects for legislation, there is no telling when we can get through. I am opposed to going into general amendmnelts to the Constitution. Mir. TMonRpis, of Pontotoc-Mr. President: Not being a lawyer,! do not look pon t,his subject from the same stand point ais the last gentleman. My experi nce has been, that men ~tro apt'; to act from a ittle selfish interest; ald lawyers bein' interested in litigation, it is my opinion, t-a!'I would bring about more litigation,-these gentlemen wou',ld be likely to favor it,-. rom which reason I believe that this project does not commend itself to them in a pecuniary point of view. I kaow that my constituents would be much pleased to li,,tve thle proposed step taken, and therefore I shall vote for a reconsideration. JI. JomnsTON, of Hinds-Mr. President: The remarks of the gerntleman impugning the motives of those who take a different view of the question from himself, are entirely tun3caild br (ertaiuny we should all be actuated by a desire of doing tha w-i h i s for the good of the people, but the gentlemzA:a secops 0o a,ssuime that the legal profession seeks only its own agfrad; zmct, and that he is the peculiar guardian of tof.c:~hts ~> the people-which I deny- considering m/r:cfi? ~; i m the friend of the people as he possibly carn So fr i am coqncerned, the practice in the magistrates' cou-t;; i~.~ of no im ediate importance; butt I believe, with the g4Lfcin f~ Ada,nums, [Mr. Martin] that an extension of thei jurAias;cton wouldi increase oar practice. Where magisirate ac inrested witl extraordi,ary power, the parties may lundcertak to manag-e their own cases, and so certainly as they do, thfy must employ an attorney, and pay him a large fee to unLiravl the case, when it is appealed to the Circuit Court. I am:ot in favor of an extension of this jurisdiction, for this simple reason-that I think it would be a great injury to 252

MSSISSIPPI CONTrITUTIONAL CONVENTiON. the people, if done. If they have been trying to do so, for the last fifteen or twenty years, the legislation taken thereon, goes to show that the people have opposed it. In conclusion, I would suggest to the gentleman from Pontotoc, [Mr. Morphis] that some thirty-six members of this Convention are lawyers, who have been trusted by the people of the State, and that in face of that fact, the gentleman should not attribute to us such narrow and selfish views. Mn. CooPER, of Rankin —Mr. President: I am opposed to the reconsideration of this matter, because I think that if there ever was a time when the people of the country should receive indulgence from creditors, now is the time. If the legislature should give the extended jurisdiction proposed, to these magistrates, it would enable those persons holding large -amounts of notes to force collection from the people.For that reason, if for no other, I am opposed to meddling with the law as it now stands. The question was then taken on the motion to reconsider, anud decided in the negative, by the following vote-the yeas and nays being called for by Messrs. Duncan, S!over, and Morphis: YFAs.-Messrs. Blackwood, Bond, Brown, Byars, Caso, Cooper, of Panola, Crawford, Crum, Cummings, Duncan, flill, Johnson, of Marshall, Kennedy, Lewers, Lindsey, Mialonie, Matthews, Morphis, Pressley, Reynolds, Sanders, of DeSoto, Simonton, Slover, Sparkman, Stanley, Tate, Wallace., White, Wier, and Wylie-31. NAYS.-Mr. President, Messrs. Barr, Bailey, Billups, Binford, Brandon, Carter, Compton, Cooper, of Rankin, Davis, Dorris, Dowd, Franklin, Gaither, Gowan, Goode, Griffin, Gulley, Hall, HFamm, Hiarrison, Heard, Hemingway, Horne, Houston, FHudson, Hurst, Jarnagin, Johnston, of Hinds, Johnson, of Choctaw, Johnson, of Smith, Jones, King, Lambdin, Lewis, TIoper, Marshall, Martin, of Adams,a Martin, of Sunflower, Maury, Montgomery, Mayson, McBride, riles, Owen, of Tunics, Owens, of Scott, Peyton, Plipps, Potter, Quin, Reid, Sanders of Attala, Sessions, Stone, Stricklin, Swett, Trotter, Wall, Webb, Wilson, Woodward, Wooley, and Yerger.-64. Mr. Watson, of Marshall, offered the following ordinance: Be it ordained by the people of the State of Mississipi in Convention assembled, That the 25th section of article 3, of the State Constitution, so far as it prohibits an increase of the compensation of members of the Legislature from taking effect during the session at which it is made, be and the same is hereby suspended, until after the close of the next session of that body. On motion of Mr. Watson, the rule requiring constitutiona amendments to be referred to the select committee on tha subject, was suspended. 263

PFICEIT >y)IN-(:G AND I)]2 11ATLE8 I'N TI'F, Mr. tudson moved to refer the Ordinance to said Committee, Which motion was lose. The question was then taken (o1 tte't(-optiotl of the Ordi nance offered by Mfr. Watson, And decided in the affirmative. Mr. Barr, of Lafayette, offered thel following: "Amend the 7th section of the 4tlh article of the Consti tation of the State, so as to read thus: The I-High Court of Errors and Appeals will be lield'at least once in each year, at the seat of government; and at sueh other place or places in the State, as the Leg(islature may direct. MR. WATSO0N, of M.arshall —Mr. President: As the Constitution now stands, it is not competent for the Legislature to order a session of the Hligh Court of Errors and Appeals to be held at any place but at the seat of government. This inconvenience was felt to be so great, that some years ago, te legislature passed a law requiring that Court to meet at Oxford, to hear arguments, &c., but they could render no decision there, under the Constitution, and therefore had to return here in order to do so. It worked so badly that the law was repealed. I believe that Mississippi is nowthe only State in the Union whose High Court of Errors is held at but one point. One great objection against holding the Court at more than one place, is the usual want of a library. At Oxford, the TUniversity has a very good library, and that was constantly on the increase before the war. There are also two very good buildings which the trustees could convert into a court room, and accommodations for the members of the bar and bench. The High Court would be a matter of interest in connection with the law class of the University, and the arrangement would, besides all this, accommodate a large number of the citizens of the State. I therefore wish to have the prohibition removed, so that the Legislature can at least exercise its discretion onl that subject. On motion of Mr. Barr, the rule requiring amendments to -e Constitution to be referred to the select committee on that abject, was suspended. n his further motion, the Ordinance was adopted. Mr. Hudson offered the following resolution, Which was referred, under the rule, to the Committee on Sate Constitution: Resolved, That the Committee on Constitution be instructed to inquire into and report to this Convention, whether it is expedient or necessary to increase the salary of any or all 254

MIbSIJS7-IP['0t (I'I C TI 2TUTIO5NAl5, C'ONVEN I25O'. officers in this State, and if it is deemed expedient or neesary, to report sich increase as they may deem proper. On motion of Mr. ComTpton, thle Convention adjourned ,mtil 9 o'clock tomorrow m iorringi.A TENTH- 1)AY. THiURSDAY, A.UGUST, 24Tfi., 1865. The Convention met pursuant to adjournment. Prayer by the Rev. John Hunter. Journal of yesterday read and approved. Mr. Simonton, from thie Committee on Enrolled Ordinaies and Constitutional Aimendments, submitted the following report: MR. PRlsI T: —' The Committee oni Enrolled Ordinances and Constitutional Aniendments respectfully report: That they have examined the following Ordinances, Constitutional Amendments and Resolutions, and find the same correctly enrolled: Report of Committee in regard to the pay of officers and mew bers of this Convention, adopted August 23d, 1865. Resolution appointing a Committee of three, to recommend changes in the laws of this State, to the - next Legislature, adopted 23d August, 1865. An Ordinance in regard to the Special Courts of Equity, adop ted 23d August, 1865. An Ordinance to legalize and support the legislative enact ments of the State of Mississippi, passed since the 9th day of January, 1861, and for other purposes, adopted 23d A" gust, 1865. .An Ordinance to enable the Sheriff and Clerks of Hancock county to execute official bonds, adopted 23d August 1865. An Ordinance to amend the seventh section of the fourth artiele of the Constitution, adopted 23d August, 1865. An Ordinance to amend the eighteenth section of the fourth article of the Constitution, adopted 23d August, 1865. Report concerning Short-Hand Reporters, adopted Anugust 17th, 1865. An Ordinance suspending the twenty-fifth section of article three'of the Constitution, in regard to the compensation of members of the Legislature, adopted 23d August, 1865,. On motion of MAr. Simonton, The report of the Committee was received and agreed to. Mr. Potter, of Hinds, presented a memorial, signed by fou thousand six hundred ind thirty-three ladies of the State of 1)19 K .v -1

PRO(I0ELEIGS AN)D DEBATI IN TriH Mississippi, in behalf of Jefferson Davis aPnd Charles Clark of this State. The memaorial havingr been read, Mr. Wilson, of Yazoo, offered the following resolution: Resolved, That the memorial just read, be respectfuilly referred to the President of the United States, to be considered of by him; aid to that end, that the President of this Con — vention do transmit the same. MR. POTTER, of Hinds.- Mr. President -:I desire to say: word in relation to this matter, The business of the preparation of this memorial was begun on Friday last, and it now contains more than forty-six hundred signatures of the mothers and daughters of this State. It comes commended to a most respectful consideration on our part, by the great worth of these memorialists. I have do doubt, but that if more time had been allowed, these signatures might have been multiplied, by thousands and tens of thousands. Aye, sir, 1 may say, that no lady would have refused to appenid her name to that petition, for mercy to those of its citizens, in their now silent and desolate condition. The memorialists are not unaware of the position assumed by members of tbrs Convention, in regard to that matter They know that on consiltation, previously, among ourselves, it has been deemed appropriate that a private memorial, containing this same prayer, should be signed by the several members of this body. I am proud to say, sir, that the memorial thus prepared for our signatures, contains the name of every Yremlber of this Convention, with the exception of perhaps some teni, and of those a portion were absent before the memorial was prepared So far as regards the expression of our views-so far as the present President can gather any idea of our sympathy with this movement, it is contained in the memorial which most ot us have signed. I, Mr. President, have not been able to bring my mind to see the distinction which some suaggest to exis,; between official action on a memorial prepared for our signatures, and private action as individuals. If we had adopted that as a memorial of this Convention, it would have expressed our feelings, our wishes, our sympathies, to the same extent -in precisely the same degree. I would state that this memorial had been prepared before the views of the Convention had been known upon the matter-before this course of policy, which I have mentioned, was adopted by us as individuals, and comes here addressed to the Convention, as the official body of the State; and the question now is-what is the most appropriate disposition that can be made of it? The ladies do not ask that this Convention should act upon it, iunder the circumstances. It is ecessary, however, that some 256

ISSISSIPPI OONSTITUTIONAL OCNVEION. proper and respectfll dispositon should be made of it, and it seems t o s;r tm' the course suggtested by the delegate from Ya -o, (MiYr. Wilsoi,) is the exact course to be taken in reference to itn ie,w of all existing circumTstances. I could bc.aie -w'il~ to bavTe gone a step further, and to have inserted in t.bat resEtO an- expression of the hearty wish of thel i.n.... of this Convention, that the prayer of the mbe r b n, td I hop_., vc:r.t, discussion, without opposition, with this brief~ ~=^at-X onf the condition of things, memnbers will,agree to tol' -o,h otioni, made by the gentleman from Yazoo. MR.',):-oD, Of TJcx.s. —Mr. President:-This matter was brc,,c'i up a fe c1(ys ago, and I theught the action of t,C, i his ( i e then settled tie question f)rever, so far as the Cnnti on s t body, was concerned; but, under other cirecurmtances it is int-roduced again, to-day, as a memorial of the Iades of -Mi s1issippi With all due re,gard to the soiurce ~o' ohc it comes, I beg leave to express my opinion, as t,o tae ptrroe,-ty of any action being taken uponl this matter by us, s a Convention of the State of Mississippiand that is, with thle hi(,:hest feeling of respect for those who have presented it 5O-e and my heartfelt syrnmpathy for the cause —lthatC we,9~o>.: ~ tak e no official 3action in regard to it, for the re,, J I to not believe thtt suec action would be in iohef.e' ~he objec. I shall theremore, as a member of -tis CGnvena, oppose the motion of the gentleman from Yazoo, while I am willing, as an individual, and in any private csaacitr, t do all thing(s in fartherance of the release of t!,se genlemen, who stand high in tihe opinion of the people of Mississippi. M, SIMONToN, of Itawiamba.-Mr. President:-I desire to offer a resolb:tion as a substuitte for that offered by thle genitleman from Yazo,. (7, Hudson.) It reads as follows: Resolved, That the me-rno:c.al! o the ladies of Aississippi to this Convention, in regard to Ir. Davis and tr. Clark, be respeetfully referred to his bxcell ncy, Andrew Johnston, President of the United Sta;es, wIth a request that a copy may be transmitted to each of the gentlemen raentioned therein. I know soniething of the feelings that these gentlemen munsf have. I know something of the feeling that'will be awakened in their breasts, by knowing that the people of the State of Mississippi-although they did not effiiliate, or perhaps sympathise with the movement of whlich President Davis and Clark were the leuaders-yet, s citizens of Missisi)pi, a.nd what was once a rebel State-that they do symp,athise with them; and I desire, that not only may this memorial go 257

P'ROCEEDINGS AN:) DEBATES IN TITlF before his Excellency, the President of the United States, but; that those worthy gentlemen may know that we all sympathise with them in their present position. MR. WATsON, of Marshall-Mr. President: -I prefer thle original resolution to the substitutes presented by the gentleman from Itawamba, (Mr. Simonton,) and for this reason. The substitute imposes upon the President of the United States, a duty which might not be acceptable to him. We can ourselves, in some other way, have a copy of this memorial sent to these gentlemen. The request, as presented by the substitute, is rather an extraordinary one, under the circumstance. And for that reason, we shouldsot prefer it, if for no other. MnIR. SIMONTON, of Itawa.mba. —— Mr President -I meant to simply suggest, that we might be permitted to forward a copy. I will therefore, change the phraseology, to make the resolution conform to my intentions. The proposed change being made the resolution was adopted. Mr. Johnston, of Ilinds, from the Committee on oidinance and laws, submitted the following report: Mr. PRsIDr,NT: 7 The Committee of fifteen, appointed to consider what action should be had in reference to the Ordinance of Secession, and the legislative and judicial action of the State, since the 9th day of January, 1861, and to whom was referred a resolution, proposing to punish the crimes of grand larceny, robery, rape, arson and burglary, with the penalty of death, by hanging, beg leave, respectfully to report: That they have considered theaforesaid resolution, and are of the opinion, that it would be improper to extend the death penalty to those offence The Legislature of the State, hias full power to prescribe the punishment for crimes, and the Committee consider that the subject matter of the resolution referred to them should be left to the action of the Legislature The Committee therefore rccommend that the said resolution do not pass. Your Committee have disposed of all the business before them; and they pray that this report be received and agreed to, and that they be discharged from further service. MR. HIOUSTON, of Monroe-Mr. President:-I am satisfied that the report is not in accordance with the best interests of the country, as it is at present situated. 1 do believe that there are some of those crimes, at least, which should be punished with the death penalty. I thought, on yesterday, that this Convention would take no action on this subjectL I believe it more properly comes before the Legislature, and I am unwilling, by any action of this body-by receiving and agreeing to this reporto indicate to th e Legislature tha 258 et

AM l'~i~-11X,-' I.$?Ilt'l, TT r O sAl ('ISNV I;;.N TJ. ;:;:,;; hel1Sreaf-ter consvene-that the vi~ewXsi of. "";T ~f(3sv~to , ty(i -~ t i ns~j (1()rivcntio~, -v?,ere to j;Zt( rT~lIt of tie d_I >enalty to certain of these r(imnes. UQ der t1hj Cons ittio of th( conutry, as it 5')f tl-ese,tF-}B'+. t hleI Oll t( lt:..}>tK>; )301 YT ~gi was before(,, wr, t w oud be reg(u1ded: bloodv legislation —tto a,tt a the d,tth penal ty to ay of these offen;es but we iiiist look to what woudd be for the greatest good and protection to the (oInitry-leaving the Legislature to act witiout any seeming dictation from us, or even suggestion. Taking this view of the matter, I beg leave to Submit the following resolution: Resolved, That the subject matter of the report of the Comreittee of fifteen, on the subject of the punishment of crime, be re-submitted to that Committee, with instructions to take no action in the premnises, but leave the matter for the action of the Legislature when convened. MR. IIUJ)SON, of Yazoo- Mr. President:-I must confess that I am opposed to this report. As the law now exists, we muay he plundered by thieves-our houses may be burned down at mid-niglht, over the heads of ourselves and our slumbering families-and what is the penalty attached by law, to the coinmision of such offences? Our wives, our sisters and daughters may be subjected to violence; and what is the penalty? Simply, in either of these cases-imprisonment in the State Penitentiary! But no such institution now exists, and how then, if the Courts convict these wretches now roaming over the country, are they to be punished? They must be committed to the county jails, which are wholly insufficient, and too insecure to present any barrier to the escape of these villains. Is then the punishment which must now be inflicted commensurate with that deserved? No! No! I do not believe that at any time, has the punishment been what it, as prescribed by law, should be. What reformations have ever occured in the State Penitentiary? None-but those incarcerated come forth as monuments of their own infamy-again, to carry on their depredations, and repeat their previous offences. They are simply held in such condition, that they cannot for the time being commit crime. The Proclamation of Gov. Sharkey,. shows that there are bands of desperadoes, thronging the community, and the object of the ordinance proposed-and it may be repealed by the Legislature, as soon as that body meets-is that this penalty may operate now, upon offences committed now; and from this time until the law is repealed. Ouir wives and daughter dare not go from home, without an escort to protect them from being deprived of. all that is precious to women. Our citizens cannot go to market with one or two bales of cotton, without being deprived of it-their own teams being used to carry away the staple, which is the only support of their 6,11)

PP.O)iEr,DINGS AND DEIATE, [N TfIlE needy families. But there is nio punisihmente afxed to the oommission of these deeds, that can have the slightest possible effect in preventing them, or diminishing their frequency! 31R. JoRNSTON, of Hinds-Mr. President: —I know the de sire of this Convention to adjourn, and shall consume, but a very few moments, in presenting sonice views which governed the Committee in submitting the rcport under consideration. The picture of depredation and crime prevailing in the State, alluded to by the gentleman from Yazoo, (MIr. i-udson,) has not been over-wrought. I am painfully aware of the fact that the extraordinary times through which we hlave passed, have resulted in the prevalence of crime througffhout the country, and that the laws are, have been, and will be, for some time, violated with impunity. But, i~r. President, how can the resolution offered by the honorable gentlemran from Yazoo, affect thiS matter? What good or beneficial effect could its aedoption Lave at the present time? It is not the degree of punishment, but its certainty, which ternds to dimin ish the crime of tbhe country and whien you afix the death penalty to the conmmision if small ote ns, he jurdis of the country will t convict the ofindern at a1, wlhen p-at on trial, if they hliow the death penalty3 is to follow. For example — that resolution re1)orted aga,iist by the Comniittee, makes grand larceny p4nis1)ablo by death. If a ci,,izen, therefore. should steal groods of'Fie value of twenty dollars andl upwards, i is made grand n anid. he is convicted of the thef by that jury 0he 3 }eected for that offence. T is too ) loody an act for me to sanction at any time; aid the uri Qe of the country will say: "altholieh our minds are well nigh satisfied of the guilt of th's ii.vidlual, we will not bring inr a verdict of guilty; because by that, he must suffer death; ard we cannot consent that a tin beilug should be executed, simply for that." TIe history of criminal jurisprudence will show that those who. re constituted by nature and habit to be great public offenders, are not to be deterred from te commission of crime, by any punishmlent that can be named. Even the f, o+-ot wvold not deter them from the committal of the deeds to wiLct toey are imipelled l)y t1leir constitution and nature. A great number off ofences were, in ftorme.r days, visited with the death penalty, iu jl.n,land, such as counterfeiting the coin of the realm, -heft, lareeny, &c., all of which were punished in this mnanner. Yet in this enlightened age of the world, there has been, d still is, a constant tendency to diminish the offenlees iiupon whiec the extreme penalty of the law is visited. Besides, there are a great many of the most enlightenel and philanthropiel meni of the age, who believe that it is not in the justly exercised power of man to take 260

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"Pfvgj8 AD DEI~3XATS A wi These were the views that actuated the committee to report adversely to this petition, and I am free to say that, if by voting for the adoption oil the resolution, I could remedy the great evils of which the gentleman complains, I would sup port it; but, I feel certain, in my own mind, that the adoption of the resolution could have no such effect. I know that the intentions of the gentleman are good-that he offered this in a proper spirit-but still I think he is very much mistaken in the effect which would result firom his doc trine. I therefore hope that the Convention will sustain the report of the Committee, which I had the honor to submit this morning. AtR. ARTIN, of Adams —Mr. President: I shall feel my self obliged to vote against the adoption of the report of the Committee. All of us know that the sensibilities of our people have led us to let loose upon society, criminals, who ought to have suffered the death penalty. We know there is a spirit of repugnance on the part of the people, to the infliction of the extreme penalty-at least there was efore the war-but now that we have come out of that, we find that it has changed the opinions of our citizens, in many respects. I, for one, think that this Convention should act upon this question-to give to the people of this State who are disposed to be orderly, and return to their peaceable occupations, an assurance that we intend that peace, and law and order, shall prevail. This is the first opportunitythat has been presented for the people of this State to say what they mean to do on this subject of lawlessness within our borders; and let the gentlemen who are stealing and robbing throughout the country, understand that it is our intention to inflict upon them the certain extreme penalty, and that speedily.. It has become more necessary that we should do this now, because of the effects of this struggle through which we have passed; for any man who has been in the army, has seen how the moral restraints that usually control are thrown off,-how mnen have forgotten the lessons learned when they were pursuing their peaceable occupations, and have been guilty of crimes that, in ordinary times, would have consigned them to the penitentiary. I think that if ever the time did exist, for inflicting severe punishment, it does now, and I believe that our jurors will act up to their duty, and the necessity of the times. I trust that the best men will be selected to fil the public offices of the State, who will understand that their duty requires that they should punish-and that, severely. As has been remarked, it is perfectly useless to attempt to confine these desperadoes in the county jails of the Statefor they present no difficulty to these men enlarging them 262

MISSIFSSIPPI CONSTITUTIONAL CONVENTION. selves. In nine out of ten counties in this State, the jails are not of sufficient strength to keep any one of ordinaiy ingenuity in them for twenty-four hours. If, then, we wait until the penitentiary is completed, thety vwill inevitably escape their just deserts. I tliink, therefore, that we shall be conlmpelled for the present, and until we find that we are extirpating these genitry, to resort to extrerme measures, and I shall therefore vote against adopting the report of the committee. MR. Y.Gr:, of UHinds-MAr. President: I should feel my self obliged to vote against the adoption of the resolution offered by the gentleman from M,onroe, [Mr. HIouston] if I entertained views of policy different from those expressed by the committee-which I do not. I think a mistake, and, to some extent,:a mischievous and dangerous idea prevails, with regard to the power and jurisdiction of this Convention. It is not, as it is sometimes styled, a Convention of the State of Mississippi, but it is a Convention of the delegates of the people of Mississippi. It is not a Convention of the delegates of the people of MAissisippi, for purposes of general alteration or change in the organic law of the State; but it is a Convention for a specified and definite purpose, and for that purpose alone have we been sent here. That purpose is indicated in the Proclamation of the President of the United States, authorizing the calling of this Convention, which is, that the Convention shall he held for the purpose of altering or amending the Constitution of the State, and with authority to exercise, within the limits of the State, all necessary and proper power to enable the loyal people of the State of Mississippi, to restore the State to her constitutional relations with the Federal Government, and to present such a republican form of government as will entitle the State to th.e guarantee of the United States therefor, and its people to the protection of the United States against invasion and domestic violence. This is the power of attorney, which the people of the State of Mississippi have granted to us, under the Proclamation of the President. We are sent here by them to do a specified act, and that part of their sovereign power, and no more, has been delegated to this Convention. I therefore protest against an attempt on the part of this Convention, to undertake an alteration generally, which was not a power entrusted to it by the people, or to change and alter the organic law generally, which was not a part of the purpose for which it was assembled, or of the power delegated to it, by thepeople-because, in my opinion, all acts going beyond the legitimate purpose and scope specified in. the President's Proclamation, would be mere acts of usurpa 2 6,'j>

PPROOC,,INGS AND DJ,YBAT]B IN Tflo, tion, and not obligatory upon the people, unless ratifed by them-for they have sent us here for no such purpose. We are not a Legislature, or sent here to legislate with regard to the general laws and policy of the State. MR. HUDSON, of Yazoo-Mr. President: I am much op posed to leaving this subject to the Legislature, and will remark, in addition to what I have already stated-that until the Legislature meets, the penalty remains the same as ever; and although the Courts will not be revived until after the general election, still, the parties committing the offences enumerated, will incur the penalty of this proposed Ordinance, and the Courts will be enabled to disperse these organized bands of desperadoes. I do not believe that honest and intelligent jurors will hesitate to pronounce a just verdict, without regard to the penalty which will follow th e announcement of it, for they will see that the salvation of the country depends upon a manly discharge of their duties. But it is said that this is a Convention with special and limited powers —that the grant comes from the President of the United 8at.cs that this is not a Convention of the State, and therefore we should not meddle with these matters. The very last words of the Proclamation are-" to protect this State against domestic violence." One of the special grants conferred upon us, and one of the grand objects for which we are assembled, is to protect the State from domestic violence; and in adopting this resolution, and destroying these bands of robbers, we are carrying out that very object I insist thiat we should take this view of the subject, and not refer this matter to the uncertinty of the futullre. This will be done by voting down this proposition of the gentleman from Monroe, when I sha recall this ordinance for further action. Min. SToNrl, of Copiah -Mr. President: It has occurred to me, that gentlemen hbave riot taken the right view of this matter. T''he argument is, tihere is no jail, and no opportunity of coufi~,:n5 or punishieg these individuals-but wo should first get them. I ask why-while these crimes are so prevalent —-te peple of I'ississippi do not now rise in the majjesty of their strengh,l, aid attempt to arrest these desperadoes? Does the proposition of the honorable gentleman affect that matter? Wthy is it necessary to pass this law while the country is sitting down so quietly under these robberies and larcenies? If the people will take this in hand, they can confine these men, the same as if this law was passed, until the courts are organized, and they are brought before the tribunals of the country. If the gentlemen will introduce an ordinance forming -a )61

MISSSSSlPI CoNSPITTIONAL cCONEN'rTIOTN.I armed force for the purpose of arresting these desperadoes I will join it, but, until then-until the people are aroused and take this matter in hand-there is no necessity to paw this Ordinance, for it would sleep until the countiy is aroused, and proper steps taken. On motion of MIr. Johnson, of Smith, The report of the Committee was laid upon the table. The following communications from his Excellency, WiD. LI,. Sharkey, Provisional Governor, were read, and ordered i be spread upon the Journals: XECUTIYV OFFICE, Jackson, Miss., Aug. 24, 1865. Btzn. J. S. Yeryer, Pre8identof Ithe Convention: SIR: I most respectfully request of the Convenition, that I may be furnished with a perfect copy of the Constitution, as amended, together with a copy of the Ordinances, to be forwarded under the Seal of the State'to the Department of State, at Washington. I have the honor to be, Your obed.ient Servanxt, W. L. SHARKEY, Provislo:.l GoC-vernor of Mise. EFXcuTiv] OFFICE, Jackson, 3iiss., Aug. 24, 1865.. Hon. J. S. Yerger, President of the Convention.' SiR: I enclose a dispatch just received firom the President which you can have read to the Convenrtion, if you think pa per. There is, however, a deficiency in the dispatch, fore words being missing. Your obedient Serv,ant, W. L. SHIARKEY, Provisional Governor of Miss. Mr. Iludson, of Yazoo, offered the following Ordinance: Be it Ordained, That the Legislatiure of this State shall have full and complete, ample and plenary power and right to ascertain, adjust, ar settle any and all pecuniary; liabilities and indebtedness of this State, or the citizrens thereof, to the Government of the United States of America, under and by reason of the revenue laws of the latter, either past, present or future; and to provide by law, or otherwise, in such way and manner, and on such terms as the Legislature may, ix its opinion, deem, or declare to be most wise, judicious and expedient for the ascertainment, adjustment, and present or ultimate settlement and payment of the same: hereby intend 2"

ing to conlier and1( *'ua.y (()y1fC-. iLrri g upo)n the LegiSlature of this State, full end Ibsolte power nudl right, topledge and use tc f/ith al-, redit (of th,e State, aIld to do and perform whatever is o Ii:ay o1:e(,essaryr o( xp)edient in tke premises areSaid Mr. Yerg(,e o' ig}S, *ovl t,) la the (()J'di-fn.e on the table, Which was lost. On motion o)f itr. HIisoi.sn' The Ortdinauce was adopted. The followin comunic1 a+trio fromn Ion.. 1II. Haidy was read: , ACISON, 2 4. Augst'24, 865. i.on. J S. Yeryer,'rede*!ate Con?vention Sm: I deem it proper, without delay, to inform you, that my private engagements are suchl that I will be unablle to perform the trust contemplated by the resolution of your honEorable body, for the appointment of a Committee of three, " to prepare and report to the next Legislature for its consideration and action, such laws and changes in existing laws of tlhis State, as to said committee shall seem expedient in view of the amendments to the Constitution mnade 1)y said Convention." I must, therefore, most respeetfilly decline the appointment tendered to me as a member of that committee by you. With my atcknowledgaments for the honor done me in the tder of the appointment, and with the exItression of myregret at my inability to accept it, I have the honor to be, with high resp)e(t, Your obedient Servanlt, A. 11. HANDY. The P'resident appointed the Heon. Robert S. Hudson, of Yazoo county, to fill the vacancy occasioned by the nonaeceptance of Mir. -landy. Mr. Simonton, of Itawamba, moved to reconsider the vote on yesterday, by which the Committee on Enrolled Ordinanoes and Constitutional Amendments were instructed to have the Constitution of the State and Amendments thereto, enrolled, and filed in the office of Secretary of State. The motion being agreed to, M3r. Cooper, of Rankin, ofiered the following resolution, which was adopted: Resolved, That the Hon. William Yerger, Hon. Amos R,. Johnston, and Hon. George L. Potter, be appointed a special Committee, who shall, as soon after the adjournment of this Convention as practicable, see that the Constitution of the State of Mississippi, as amended and adopted by this Coavention, is properly enrolled in duplicate, and signed and .;C-; 1""W(,,I+'''T7' ) A " 7 -.}>vt1t'k ir rSi a

Mf~S[ST!I'II C(;)X STIT ULTIONAL C( )N V1i;NqlOx. attested b)v the Presicident of thle (Conlenlltion to present one copy thereofi' to the PIovisi(onal (Governor, and lequest hin to forward the samine to the P'resident of the Unitetl States, alid tflle tlle other copy thereof, in thle office of the Secretary of State; and said Commnittee shal also see that all the Ordinaice.s adopted b1y this Convention are prop)eiy enrolled iand attested in duplicate —oe copy thereof, to l)be presented to the Provisional -overnoio, and the other to 1)c del)osited( in the office of Secretary of State. fr. Sanicders, of Attala, offered the fQllowiigi resolution: Re.sl,ed, Thati this Convention adjourn to-day, at two o'clock, i-. if., to be called toogeti ther by t Presidenit of the Coinecntion, if the exigeneies of the coii)trvy require it; and if nl) such nellcessity arise within six m-onitlis fron tlhis date, thlen this Convention shall stand adjourned, sie d'ie. MIr. tIudson mnioved to amei(nd the alovc resolution, by strikiing out two o'clock, and insert three o'clock, Wihice wvas lost. Mr. JoihnsoI, of Smith, moved to anmenll by strikiig' out two o'clock," and insert one o'clock," Which was lost. On'notion of Mif. tuldson, thle resolutioin was adolpted. - Ir. MIalone, of I)eSoto, called u) a resolution (of thanks to the Pr ien s(1t of tihe Conivenition, offiere(i b him oi a fr()ier da. Oii motion of 3lr. MIalone, the resolutioni wais lnanimollously adopted 1r. Yergei., of Hinds, offered the fo)llowino resolutionl: Resolved,'That the President ^of this Conventioii 1Ipl)Olllt four Conimissionlers, to confer with the authorities of tlhe Uniitetd States at Washingtoni, relative to the utility and iiecessity of rebltlild isg the lees o n the MIississilppi river, and that they ei(ldeat-or to obtain, I)y loan, or otherwise, St(-Ii ftiiimds as may (be necessary fobr that purplose, and also inake in iarraioemenlt, if possible, to procure a competent force of lalorers to fitish the worl during the present year. But, in the event of aniy loan or debt being created for the purposes aforesaid, the taxes'niecessary to reimburse, or pay the same, sllall only b)e levied, by) the Legislature, upo)011 such counties or diqticts as may be protected by the levees from inundation. st:. Y~GEn, ot Hllinds —ir.: President: I presine, there will be 1no objection on the part of any ineinber of this Convention, to the resolution, as it contemplates a matter affecting so importantly the welfare of the whole State. The counties onl the Mississippi river, have had the ir levees entirely destroyed by the action of the authorities of tlie United States Government, for military purloses, or byv the recedilng of the balks by the action of the river during tlie 18S 267'

]2OiP tEt)tN(GS AN) 1)DEBATES IN TIM last five years, during which time there has been no repair. It is certainly impossible that that section of the State can be cultivated, unless the levees are repaired, and it is equally impossible, at the present time, that citizens residing and owning property there, can repair them, unless they can obtain means from the General Government. The whole State cannot be taxed for this loan, and if there has been any idea of that kind entertained by any member of this Convention, I Will simply state that, if the loan is paid, the tax to be paid at any time shall be laid alone on-the levee district, which was heretofore taxed by this State for the building of the levee on the Mississippi river. MR. MIARTIN, of Adams —Mr. President: I have lately b)een in the levee country, referred to, and have found that the state of affairs is as has been first described. I find that the negroes on the plantations in that section of the countiy svill not undertake to work places next year, or make any contracts to do so, unless those levees are repaired, because they are not willing to run the risk of receiving pay from planters who probably own nothing, or to work on shares, when the crop is subject to so many contingencies. Unless some action is taken, and aid ffurnished from some quarter, these' plantations mnust be aTl)andoned. MAIP. POTTEp, of Hinds —-Mr. President: I confirm heartily the oijects of this resolution. I am not, personally, interested in a single foot of lanid whose value will be affected by the action proposed; but I conceive that I have the slightest possible interest in the object sought to be accomplished. I thi-nc that every citizen of the State is interested, in like manner. It eertainly,- Sir, is for the interest of all portions Lhat thistt oncte rich and productive territoiT, known as he sw1ap (distric(t, shonld be restorecd, iii some degree, at leas.L -o its 0orne pro'sperity. AoNow we ate all interested in seetinc' i..a res-ult; beeaiise, if we retorec these lands to their f1vm~ i;, i.e andt productiv e Xo nd o, Ve reate an })u,-'rje S -,a revcue. Therefore, we are a i"nterestedt1 i tis vie w, in the progress of im pr~~~~~~~~ ~~~~ e cemt'.... Dei-a H 4s~.ouh ld bear a,i minrl tha.t we have not oily Stat taxjation to egrd- hre er(, ut taxation on the part of tile Fedeial Ci ote n t ofts oLr policy, and should be the earnest (oerC of every dle2,ste to crea e, in avy part of the State whe:c it has beec created, the largest possible taxable capital! and II know of no iceasure that will benefit the people more in recgard to State taxation and Federal taxation-no measure that will so greatly relieve us from the burdens of heavy taxation, as the one proposed by the delegate from Hinds, [Mr. Yezger.] 268

M[SSISSIP['f ('O-N SI'T'.Tri —()NAL (,ON VENTI()N. Aga'n, it is but a measure of justice to the parties more directly interested in those lands. That country has been desolated, not only by deluges of water, but by deluges of war. It is the purpose to do, by this measure, something for its relief, and to do it in such a way, that the balance of people of the State shall not be taxed one dollar, and yet, so that our fellow citizens in that district shall be greatly benefitted. For other reasons which I might give, I hope the members of this Convention will adopt this resolution. MR. MIAUPRY, of Claiborne-Mlr. President: It cannot be doubted, that the region of country contemplated by the resolution, will be vastly benefitted by its adoption, but neither can it be doubted that every other portion of the State would be equally benefitted by the expenditure of money thereon. This is not the first time that I have listened to arguments such as have been delivered here to-day, for I heard them many years ago, and that too, in Mississippi, and money has been borrowed for the purpose of furthering the prosperity of the State, increasing the facilities of the people, and the fertility of the land. This is not the time to enter upon measures of this description. What is now the indebtedness of the State of Missis sippi? Who can conjecture? Can any one mention it.? HIas the debt of the Planters' Bank been paid-that was borrowed by virtue of a provision passed by a Convention of the State? Hlas the debt incurred by the people of 2is sissippi, for the purpose of establishing the Union Bank, been paid? This money was to be used to develop the hidden resources of the country. What has become of it? Where has it gone? Since the passage of those laws, the prosperity of the country has suffered much more than it would if the people had been left to their individual resources, industry, .and ente-p)r;.se! I object to any such measure, nttil w redeec-[L ougr credit, and I hope the proposition will find no favor in the Conven tion, fbr we have not been sent here to borrow money. Every portion of this State has been desolated. You, and you, sirs, and every member of this Convention, would like to have our former prosperity reestablished. But, that re establishmTent should not be attempted by borrowing money -at any rate, at the present time-for the people can send their representatives here to do that, if they wish really to have it done; but it is not proper for this Convention to saddle -upon them this debt, without their concurrence, either express or implied. MR. BROWN, of Yalobusha-Mr. President: I wish to give my reasons for voting against this proposition. I would like to see the levee repaired) and that fertile region of country 269

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fSSIStP1{ ()Nvv.\TI().N 71 a, b)etween 6S anl8 70 years of ag- a(l wishes, driInc tlhe -'etnainder of his -ears, to li)e a citizen of the State. Mi. B)An.R, of lta~yetteI h ave no doiil)t, Mr. President, that tlle o)ject of the resolution is a worthy one' l)ut I am opposed to specil legislation. I mtove to lay it oII tlhe table. Trhe motion was carried. fr. Johnston, of Iinds, ofi( red the followii,-? resolution: Resolved, That Leo. Phillips, Loiis Fite, George Donnell and Charles E. Tolbert, the pages of this CoIvention, be eacl allowed the sum of two d(Iollars per (ay, as extra compensation, in consideration of their faithful services. Mr. Crawford, of Joues, moved to lay the resoluttion on'tlie table, Which motion was lost. ()n motionI of MAr. Johnston, The resolution was adopted. AIr. Compton, of Marshall, offlere( ail ordiinance, whioh was adopted, mllt'king certain aptprol)riations, in the ag,gregate, as follows: li. M. Yegret, pilblisher Daily News.........81,119 00 A. N. Kimball, " MIississippian........ 200 00 ,I. J. Shannon' & Co" Clarion.............. 200 00 T, C. AMeMakin, for siiiidrie s................175 0(f J. K. Yerger, postnmaster.................... 24 82 A. Iteed, (freedranit{)....................... 50 00 A. MIoore........................ 50 00 81.818 82 Mri. AVatson, of Marshall, offered the fbllowinug resolution R&e.soled(, That the official Reporters of the debates of this Convention, be allowed five davs after to-day, for the purpose of' extendirng. and revising their notes; and that they also bec allowed a compensation each of ten dollars per day, in addition to the allowance leretofore made them, and that the time of their services be computed from the organi zation of the (Convenition. 3In. WATSON, of?tfarshall-iMr. President: —The Reporters of this body, were employed on the fourthl day of its sessions; butt were present from nearly the first day of the session, and ready to perform aiiy duty that might be assigned to them. They have on haIItd, an amount of notes, the volume of which is such, that a numbter of days must necessarily T)e consumed in transcribing them properly. I also think, sir, that in view of the character of their labors, and the per diem of others connected with this body, that too little was allowed them originally; and as a member of the Commnittee, I shall now vote for an additional allowance to be granted them. 271

PROCEEDINGS AND DEBATES IN TIIE Mr. YRRG. R, of Hinds,-I second that resolution, Mr. Presiident, and move its adoption. I will state to the Convention, what I suppose, however, alrmost every member has observed for himself, that a more laborious, dilligent and faithful work, was never performed in the same time, and in the same efficient manner, than that accomplished by our RPeporters, MAessrs. Burnham & Bartlett. I will state in addition, that I do not think I ever have been connected with.a legislative body in which half the( amount of business was required to be reported in the same length ot time, that this Convention has thrown upon the Reporters here. Our sittings have been continuous during almost the entire long summer days. and in consequence of' it, they have done a great dealn more work, and double what is usually done before legislative bodies. I therefore hop( that the Convention will pass the resolution. Mn. MARTIN, of Adamns-Mr. President:-I feel in some degree responsible, as a member of the Committee, for having seured the appointment of our Rleporters, and I am glad to say that our course has been vindicated, by the promptness with which they have fulfilled their duties, and by the excellent reports they have furnished us, so far as we have gone. I hadi io idea at the outset, that their labor would be so arduous as it has been; but have been convinced that their compensation, as fixed by the original contract, has been wholly inadequate. Believing that the skill they have displayed merits a reward in proportion to their labor, I heartily concur in the propriety of adopting the resolution. 'The question was then taken onl the a.dol)tion of the resolution, and decided in the affirmative, Mir. Hudson, of Yazoo, offered the followilng as a proviso to resolution, relative to the adjournment of the'Convention. Provided, That in case of tihe death of the President, the Convention may be called by the Governor of the State. On motion of Mr. Hudson, the proviso was adopted. Mr. Simonton, of Itawamba, offered the following resolutiobl, which, on his motion, was adopted: Resolved, That a Special Committee of three be appointed to take into consideration, the printing of the journals and(l debates of this Convention, with directions to report an ordinance or resolution at an early moment. Mr. Brown, of Yalobusha, offered the following resolution, which, on his motion was adopted: Resolved, That J. L. Power, Secretary of the Convention, be allowed five extra days, after adjournment, to complete the duties assigned him, and that hlie be allowed for such services, the same rate'of compensation agreed to Iby the Convention yesterday. 2 -T2

M-MISISSIPPI CONSTITUTIONAL C )iN VENiTIO.N Mr. Compton, of Marshall, offered the following resolution: Resolved, That the thanks of this Convention be tendered Mr. J. L. Power, Secretary, and Mr. R. C. Miller, his Assistant, for the prompt, efficient and courteous manner in which they have discharged their duties. On motion of Mr. Hudson, The resolution was unanimously adopted. The President announced as the Committee on printing the journal, ordinances and debates of the Convntion, Messrs. Simonton, Cooper of Rankiln, and Hudson. Mr. Matthews, of Panola, offered the following resolution: Resolvead, Tihat the thanks of this Convention are due, and are hereby extended to Gen. T. C. MeMakin, SergeantatArms, for the efFicient and satisfactory manner in which he has discharged his duties. Mr. Johnson, of Smith, mioved to insert the iiame of Wini. J. Brown, Doorkeeper Which being agreed to, The question was taken on the resolution, as amended, and unanimously adopted. Mr. Htudson, of Yazoo, offered the following resolutiotn, which was unanimously adopted;. Resolved(, That th'e thanks of this Convention are due, and are hereby tendered to the Chaplain-s of this Convention, who have so kindly, ably and acceptably discharged the duties fthiereof. On motion of -Mr. Watson, the Conventioii took a recess for twenty minutes. The recess having expired, the Convention then resumed business. Mr. Simonton, from Special Committee on Printing, malde( the following report: MRs. PRESIDENT: The Committee to whom was referred the matter of printing -he journals, debates and ordinances of this Convention, have hadthe same under consideration, and respectfully'reV,-,rt the accompanying resolutions, and recommend that they d,x pass: Resolved, That twenty-five hundred colpies of the Consti tution, as amended, ordinances, proceedings and debates of this Convention, are hereby authorized to be publishled in pamphlet form, in the style and manner of the pamphlet laws of the State, excepting mnarginal notes. Said proceedings, debates, ordinances anld Constitution, when so publisshed, shall be delivered to the Secretary of State, wliOse duty it shall be to distribute the same. in the samne manner that the pamphlet laws and journal- of the State are required to be 4) 3 -,i

1,iOCE2I')IN4 ANI) DE BTEi IN TilE distributed, except that one copy sihall be sent to cle]i inein ber of this Convention. The public plinuter s]iall eceiv e for h1is services the necessary cost of issuing said repots, andcl thirty-five pel cenrt added thereto; and the Auditor of l'iblic Accounts is hereby autllorized and iequired to issueIlis war rant on the proper officer for tile amountr of thie iccouInt for said printing; the same Ieing first approved )y thle Secre tary of State. ]?~eslo(?ed. t/(I~eT, T,.t. said printe' bce allowed t4e saie length of time ro complete tle pamphle(t )rocCediIi(,s and debates, as allow7ed I)y lawv foi printing the laws an(d joutrn als of thle State, in thle year 1861, ancd hlis duties and rs1 CpOl sibilities as printer of tlhe Conventioli sllal not ceae until the work aforesaid is accomplished. ]tesot,:ecdfl/ theti, That a committee off tlree, to coIusist of Afesssrs. Johinstoi, Yerger and Potter, of thle county of Hinds, are hlerel)y appoinled to read tlje proof shleets. and see that the printed copy corresponds -'itlh thle actionI of' this Convention. ()ii inotioii of Mlr. Simnotoii, Tle report was ag,reed to; and ()n his fiurther motion, the resolutions wAere aldopte(d. The JPresident announced as the Colnmittee, to confei withthle United Sthtes, relative to the rebuilding of the levees on the iMississipt,i River, Mtessrs. Alcorn, of Coahoma, F. A. Oweii, of' ici, Wi-in. Hunt, of Washing(7tol, Wn. S. LJ,ang,ley, of Issaquena. 'fr. Johlson, of Marsihaill, from the Cornmittee oln Eni-rolled Ordinances -eid Constitutional Aitmeudients, submlitted the followinig report, whiclh w-as received and agIre( d to Mull. })ES1)ENTr: 'I'llc Commaittee on Elnrolled ()rdiinaices and Resolutions, &c., be leave to report: That they have examined, and( found ,oirectlv enrolled the following resolutions, to-wit: I. -A tesoliition, allowing official Reporters extra compensa tion adopted to-day. '.) A Res()lution, allowing J. L. Power, Secretary of this Convlention, five days extra time, to complete the duties assigned himn, adopted to-day. ..-A Resolution, to appoint Comnimissioners to confer with the authorities of the United States, in relation to levees oni the Alississippi River; adopted to-day. 4.''A Resolution, that this Conventionll adjoulrin to-dlay, at 2 o'clock, P. M.; adopted to-day. 5.-A Resolution, to authorize the Legislatutre to pay Corn * nittee on revison of the statutes of the State. adoptIed to-day. 274

l thank you,. gentlemen, that actiing uln(er ue imilpulsec ot that gelterosity and forbearance wliich has marked your interco)urse with each other, on. this floor, you have spread tihe manitle of your charity over the manya faults and inistakes, that my inexperience caused inme to commit. That I have T).een im-partial'andi fair to all, I believe to be true —at least, such I intended to be; and I amn gratified that you express the conviction of your minds, that such was the result of my conduct,"as presidling officer. Should it be my lot, in the fitlure, to again be called to preside over the deliberations of a public assembly; sustained by your expressed eucouragement, I will struggle to merit the high estination, whicle your partiality hlas placed uponii me. There has been no assemlblage iil the State of Miississippi, moire distinguished for its urbanity, for its intelligence; for its p)at;iotism. andcl for its singleness of i) purpose, to act for the publie good, and prosperity of the State. than this Convention. No heated partizan feeliing has been exhibited; no iunbecoming recurrence to past differences of opinion, has been permnitted to enter into the discussions and deliberations of this body; but we have met together in a spirit of harmony and forblearance —as I believe and trust in God, this great people will again come together, and all together, as brothers of a coimmon landcl, and children of our common inheritance; with a determined purpose to cherish to the last day of our generation, and hand down to our children, to protect and chlerish, forever and forever, this great form of public liherty — the Constitution and Union of these States. It has been my fortune, gentlemen, to occupy a seat on this door, in strange times, and during startling history i Mississippi. I was here when Mississippi was covered with desolatory consequences of commercial disaster, and of comnmer 0.

PPROCELEDING(,S AID DFA''iS IN TIHE cial ruin; such as this country had not before, and his iot since witnessed. I beheld the people of Mkississippi, -with manly courage, and upright fortitude, bear themselves firmly and erect against the losses and destruction ofthat great com mercial disaster. Inl the whole history of it; in the midst of the wreck of their fortunes and thleir hopes-in the view of those horrors, and the destitution to which many of their families were brought, I have seen that spirit of acquiescence to the supremacy of thie law; that spirit, which every nmaii competent to perform the duties of a freeman, always feels, t( bow in submission to the jtudgments and mandates of the law, exhibited by a whole people, that no instance of resistance in the whole history of that desolated, pecuniary scourge, ever marked or stained the page of Mississippi history. I feel and believe from the tone andi )earing of the dele ga.tes in this Convention, coming as they do directly represeli ting and reflecting the feelings and views of their constituency, that the people of Mississippi; with the same manly courage; with the sa-me fortitude that enaibled them, with becoming pa tience to meet the pe(cuniary disaster of that day, will meet and repair the ruins and desolation that has swept over tlieii land in the track of wr, blighting their hone.s, an(l devasta ting their fields. It is by the encouragement of this feelinl, -aid upon your return home, by stinulatinig your people to emulate the feel ing of kindness, courtesy aind harmnony, that have been exhib ited here, towards their brethrei-i of the other States of this IUnion; aind })y the persuasive argiument that it is a mnanly duty to bow to the necessity of the situation, and to meet every fall of otir fortun(es with cou,rage and confidence; that the restoration of this State to its rightfuil position in the Union; to its former prosperity; and oiur homnes to the con — forts and enjoyments, we have lost in the past, nima be hoped for in the future. I was here, gentleimen, to witness the State of Mississippi, in the hour of delusion of her people, lay her hand to the destruction of the fal)ric of the Conistitutioii and the Union of these States. I was a member of that Convention; I raised my voice agfailist w-lat I believoQ to be sacnligioiis wrong. It was in vain; I bowed my head in sorrow; in anguish I beheld: the purpose declared by my State, to destroy tlie inlheritance that I had received from my father; and that I had endeavored to chlerish, and transmit to the hands of my children. I could but bow my head and weep over the apl)paling ruini that was spread before mne, threatening to overwhelm the State. I have again met the representatives of the sovereignty of , the people of MIississippi, in this Convention; come together, that thbey nmayv, if possible, restore Miissssippi to her proper 91 .01

MISSISS-IlXPI CO. STITUTIONAL'(CONTEN-TT)N. and constitutional relations with the United States, and aid in the restoration of that beautifuil form of government that they had imperilled-that great government, whose protecting influence was as a shield over this whole land, and under whose kindly rule we had been protected in peace, prosperity, and happiness. God grant, gentlemen, that your deliberations and example may aid in the consummation of this result. In my conscience, I do believe that such will be their influ ence, and thiat you may return to your constituency with the comforting conviction and consciousness, that you have done much, to restore not only peace, but peace with harmony and prosperity, as extended as this republic. Again, gentlemen, allow me to thank you for your kindness and forbearance, and assure you, that when we separate, if we should not meet again, my spirit will always go forth in anxious interest to meet every one of you in your desire, and exertion everywhere, in every place, that you may be upholding the Union of these States, and maintaining our rights, under the Constitution, founded on, and secured by that Union. I thank you. I may forget your faces-I may not meet you again-but go where I may, there will always be with me the recollection of this day. We now stand adjourned, to meet again under the order of the President of the Convention, if, in his opinion, a necessity should arise for re-convening you. I trust,-that it may never become necessary that I should issue that order. This Convention stands adjourned. (Signed) J. S. YFER(GER, President. J. L. Powru, Secretary. [NoTe. — Wherever in the foregoing proceedings the ames ef Messrs. Owens and Owen occur, it should be Owen of Tunica, and Owens of Scott. ] 277

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RECATITULATIOXN:-The Convention consist of one hundred delelegates —nlinety-eight of whom were duly qualified. Green county not represented-no election having taken place in that county. Of the ninety-seven em bers, 51 are old linc Whigs; 9 Whig and Unioon; I inveterate Whig 2 Co-operation Whig,s; 3 "r and opposed to ~Secession; 1 steadfast Whig; 2 Clay Whigs; I "WWhig, aind death against the wart'." Total Whigs, 70 There are eighteen Democrats, of tvarious shades, as fIollows: ULnqualifi(el, 9; Douglas, 2 Jacksoii, 1; State Rights, 1; Scessloi 1; Union, 2; Co-operation, 1; Jeffersioni in.. CWe find 5 Coiise rvatives:1 C(:-ioperationist; 1 opposecdto Un iversal Suffrage; 1 Union, and 1 opposed to the war. I hlie Coniveit.ion of 1861 w ats composed of 84 I)emocrats, a nd 25'higs. PItOYESSio\.-Tlere are in the Convenitioli 3) lawyers; 38 plallte id nla e wyers; 9 phliciains 6 Inerchats 6 ministers; 1 student; 1 banker aind clerk of CoIlrt. N,XATIVITY.-21 are natives of Tennessee; 14 of SoultI Ci:,olint; t 12 o iii t 11 of Missisfsippi; 10 of Noithl Cal'oliiia; 9 of Georgia; KIentucky, 8; Alab aa, i Pns ih'aia, 2; \ew York. 1; Vermont,: (onuecticut, l; MIaine, 1; District of Columbian, I1 IrelIand, 1. REL,IGIOUS lEFERENcr-,. —Medodists, 25 Btaptist, 15- PresbyteriS;I, 14; E1)iscol).llitiI 4; (hristil.i~uu'cl:' Christian Religion. 1; Catholic, 2; Bible, 1; 5 n.o choice; 28 fiiendly- to -ill deniominiaitions. M!IARIED OR SINGLL. —82 miarried; 8 widowers; 9 single. AGE.-The oldest delegates are Jas. IH. Mauir' of Claborne, who (69; 9ii 1red1?ytoii 1ling, of LItdedle who is 7t). The younigest are J. Prentiss Carter, of Periry nll(1 W,,ltei LT. Stricklin, o)f Conblioin-each being 25. The averng'e atge of 98 delegates is 45. Seven memblers of this Convention were efbeis o the.( CouvellUtion of 186l, viz: -, I. Cul ( mnings, I). W. Ii{rst Tr. A. Marshall, M.Iamlilton fMayson, Arthur E.' Reynolds, E. II. Sanders, and J. S. Yeiger. They nre innrked thu.s Sik of the"se gentlemein voted against the ordi.a.ne of secessioni and oe for it.

C, I . -.1,

INDEX, ABSENC-leave of,t; granted Mr. Stricklini........ 24 ~~" " " Mr. McBride......71 *e" "; " tMr. Sessions............ 108 "; " "~ ~Mr. Reynolds...........174 ADAMS, GEN. WIRT —invited to a seat..............28 APPROPRIATIONS Ordinance making certain.......271 BARR, H. A.-Stbstitute by for second section of M-a jority Report on State Constitution........ 44 Remarks on same............. 46 " " "1Ortdinance cf Secession....182, 260 Motion to lay Ordinance on taboe for re-in st,atement of Tho3. Palmer to citizenship... 271 Amendments by to Constitution............ 254 M Motion to lay on table substitute for Ordi nance legalizing certain enact eits........ 235 Motion to.econsider vote nccoptini, proviso to said Ordinance.....................237 Amenldment to iarrison's substitute for sec. 3, of said ordinanlce..................... 241 Remarks on same....................... 2I1 BRANDON, WM'i. L.-Qualified as Delegate. 22 BROWN, WM. J.-Elected Door-keeper................13 c" ~ ('Resoltion of thanks to...........273 BROWN, R.. iL.-R arks oi sec. 2, of -Ltttjority report on State Constitutiion....................102 Anim.nidinen' to (-oodte s,t stintute for Major ity repoirt on Ordinance of Seession......179 Remarks on Ordirneance of Secession........ 195 " rebuilding MsIississippi river levees.269 " ~ " ~jurisdiction'of Jttstices of the Peace.................................251 Resolution to grant Secretary extra time to complete his duties....................272 IURNHAM & BARTLETT.-Resolution to employ as short-hand reporters.....;........... 16, 25 " Resolution to grant extra compensation to.. 271 CHAPLAINS-Resolution of thanks to................273 CRKE, Ex. Gov. Chas.-Resolution to memorialize in behalf of...... tG.... 37

IND)EX. COMMITTEE —-on ordinances and law................... 21 on State Constitution.................20 resolution to employ sh-ort-hand re porters............................28 report of on Probate (Courts................ 2 o on FEnrolled Ordinances and Constitutional amendments........................ 1 27 on pay of officers and members.............177 ' on Printing............................. 273 on AMemorializing relative to 1ee........ 273 ] on Revision of Statutes....................247 C:OMPrON, W. TM.-Resolution by...............177 - Ordinance by making appropriations........271 Resolution bv............................273 COOPER,- RICHARD-Mi nlorit,y Rel)ort Ol Ord(inance. of Secession....................... Motionr to lay Barr's stubstitutte on table.......53 -"'-' amend- section 2 of Majority report,164 Amendment to Election Ordinance..........172 - Resolution by....................... 266 Ordinance to reinstate Tho.s. Palmer to citi-. zenship, and remarks on.................270 " Motion to table Ilarrison's aiuendmeiit to le gaizing ordinance......................237 M" otion to table ltalrrLson's substitute for sec................................ 240 OONSTITUTION -Resolutioni to print................16 oCommnittee appointed to inquire what changes necessary in........1........ 16, 20 Report of Committee on...................29 " Amyendment to strike out certain sections....43 ,,; - - i suspend sec. 25, art. 3.........253 ,,4 "; relative to High Court........254 ()-rdinanc to amend in reference to Probate Courts................................ 24K OQVENTION-Resolution in reference'to adjournment.372 tRTS OF EQUITY-Ordinance in relation to.. 122, 250 CMAWFORD, T. G.-Remrarks of on Hudson's substi tute........................... 122 Renmarks of on Election Ordinance...........16, " Memorial in behalf of Jeffer son Davis and Chas. Clark.. 257 CRUM, W. A. —Qualified as member...................22 CU-MMINGS, M. C.-Qualified as member..............22 D1VIS, L. L.-Qualified as member................... 16 DAVIS -JEFFERSON-Memorial in behalf of..........37 .DELEGATES-List of...............................9 T','i Tbular View~ of,:.............78. 286

DECLARATION ()OF PRIGiTS -ieport proposing to amend....................... 30, 165 DISABILITY-Ordinance to prohibit in certain cases. -..28 DOORKEEPER-Election of.......................13 ~" Resolution of thamiks to............273 DUNCAN, WM. I. Resolution bIy.................22 ,''. Remarks on extending jurisdic tion of Justices of the Peace...250 ELECTION-Ordinance in relation to............30, 166 FISHER, HION. E. S -Invited to a seat...............28 (:OODE, E. J. —Minority Repoil by on Ordinance of Secession.................. 38, 179, 220 Remarks on same.................. 211, 212 4-OWAN, T. R.-Qualified as member.................15 " Remarks on Hudson's Substitute.....12 GRIFVIIN,'wM. Qualified as member.............16 GULLY, H J' " ".................15 HALL, A. H. —Amendment by to Barr's Substitute.....53 Remarks on Secession..................205 HANDY, A. H.-Invited to a seat..................39 Declines appointment on Committee to revise the Statutes........................ 266 HARRJISON, J. T R. eport by on Constitution.........29 ..;; iS 4*proposing to amend De claration of Rights...165 iAmendmenits by to Election Ordinance.. 172, 173 ' Remarks on''..170, 171 "4 "s Secession Ordinance............ 196 Amendment to Trotter's Substitute... 176 " Raarks on Ordinance legalizing legislative enactments.235, 236 Substitute therefor............... 236 Remarks in reference tf) distilleries.......238 Substitute by for 3d section of legalizing Ordinance'.......................240 Substitute by for 2d section.. " Remarks on same.........24............ 242 Motion to table Jainagin's amendment.. 246 Substitute for 9th section.................. 246 Remarks in reference to jurisdiction of Jus tices of the Peace............ 250 HEARD, JAS. A -Qualified as member.............15 HIGH COURT-Constitution to be ra-nended in refer ence to.............................254 HOUSTON, L. E.-Remarks in reference to short-hand reporters...........................27 Remarks on ordinance relative to secession..206 Remarks on report of Committee on Ordi tanees and laws........................ 28 28#7 r-DEX.

IN)EX. HOUSTON,- E. —-Resolution by.................... 259 Remarks on and amendment to Harrison's substitute for sec. 3, of legalizing Ordi nance............. 2 44 iQDEtR, HON. W. D.-lnvitedto aseat.............. 21 tlDSON R. S.-Ordinance by for punishment of certain "crimes........................23 Ordinance by to ratify certain proceedings in Probate Cours........................24 Ordiinance by to prohibit Legislature from imposing 4sability in certain cases........28 Resolution to declare certain Courts revived..33 ~" "i roemoralize President in behalf ... -- of Jeffelson Davis and Chas. Clark........39 -" Remarks on same......................41 *~ "' second section of MAlajority re......~ ~pot on State Constitution...... 72 " Substitute for second section.......71 " Amendment to Election Ordinance..........166 " Remnarks in relation to same...............167 ~~" ";'L ordinance of secession.19r, Appointed to fill vacancy in committee to re -.....vise the statutes.............266 Amendment to adjournment resolution.....272 " Resolution of thanks to Chaplains.........273 Remarks on ordinance for punishment of cer tain crimes........................ 259, 264 " Remarks in relation to indebtedness of State. 265 ....Resolution in reference to salaries of Public Officers............. 254 Ordinance by............................232 Amendment to first section legalizing ordin ance.............. 237 " Remarks on proviso in reference to distilleries. 237 = " -- " Harrison's substitute for sec. 3..243 JARNAGIN, H. L.-Resolution by instructing Sergeant at-Arms to furnish.....................32 " Resolution by in reference to negro garrisons. 23 Remarks on I-udson's substitute...........109 -" ";' Barr's substitute....45 Amendment to Harrison's substitute, and re marks onsamne................ 236 " Amendment to Yerger's proviso............238 Remarks on Harrison's substitute for section three......................243, 245 '-' Amendment to same........24 Substitute for section two, Majority report on State Constitution...... 54 288

JOHNSTON, OF HINDS.-Report as Chairman of Com mittee on Ordinances and Laws........33 Remarks on resolution to memorialize President ill behalf of Jefferson Davis and Charles Clark......................40 Remarks on second section of Report on State Constitution...................85 Amendment for second section of Report on Ordinance of Secession.................181. Remarks on same................182 Report on ordinance for punishment of cer tian crines................ 258 " Remarks on same....................260 Appointed on special enrollment committee.. 266 Remarks on extending jurisdiction of Justi ces of Peace............251 " Resolution to allow pages extra compensation.271 Remarks on Secession................. 218 "i~ " -~Wier's amendment........222, 223 JOHNSON, OF SMITH-Substitute for second section Majority report.......................53 Notice to reconsider a vote............109 " Amenduent to election ordinance............172 " Remnarks on second section of ordinance re lative to secession 191 " Remarlks on extending jurisdiction of Justi ces of Peace...........................251 Remarks on ratification of amended Consti tutionl.........................225 " Remarks of on amendment legalizing ordin ance..2~4 anc.............................24 JOHNSON, OF MARSHALL-Ordinance in relation to secession..........................33 R" esolution to provide for colonization......247 " Remarks of on ordinances relative to secesion.198 JONES, L.-Qualified as member..................21 JUSTICES OF PEACE-Resolution to extend jurisdic tion of................... 22 " Report adverse to extending ju risdiction...... 42 LEGISLATURE —May dispense with inquest by grand ju y..................................16 6 Compensation of members may be increased. 253 Ordinance to legalize enactments of...... 536 " Consideration of sanme resumlled...... 2.......34 .MAIADNE, J. F. —Resolution by of thanks to President of Convention.:............. 232 ~MARSHALL, T. A.-Qualified as member............ 21 Amendment to section two of FMajority re port on Constitution...............164 2" INDIM. 4

2;6;~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~il 1, - - ~ ~ ~ -~~.~.f?I' o ,C.~~~ ~~~~, m-.._Q~~c.'' ~''' " ~:::~ ~ z. 4- CIID

-(':RI)I-NAN(.iF —To t.prohibit legisl1ature, fro impo ins' isnbiit certain cases............... 28 '- Tro)3I dvide for genera and special elee-tio.-.. 30 ' ro decCa: ertain Courts revived............ 32 " If relatiot' to secessioni................. 33 To legalize legisltive enactments...... 36, 239 n I relation to elections....................166 -Suspending sec. 25 art. 3 of Constitution....253 -M aking certain appropriations.............271 ' In relation to indebtedness of the State....265 44'; " 1 Special courts of equity........250 To reduce penalty- of official bond of certain officers in HIancock county..........248 In reference to seat of government.........232 ORD)INAN(CES AND LAWS-Committee apltinted to consider..........................21 Report of committee on enrollment........33 ORR, HON. J. A-Invited to a seat................. 21 OSTERHAUS, GEN. P. J.-Invited to a seat......... 25 " 1 Commtunication fro...................... 43 PAGES —Appointment of.........................13 " Extra comp)onsation to......................271 PAY-Of officers and members................177, 233 Report of committee on........................271 PEYTON, E. G.-Remarks of on secession............24 " Ordinance by in reference toprobate courts..248 POTTER, GEO. L. —Suibstitute for second section of Ma jority report on Sta.te Constitution......... 55 Remarks on same.........................56 " -" " ~Hudson's substitute............ 128 Amendment to election ordinance..........170 Remarks on same.........................171 Amendment to sec. 1, of ordinance of seces'n. 180 M Aemorial presented by................255 Remarks on same....................257 .Appointed on special committee of enrol ment...............................266 Remarks on rebuilding levees..............268 Amendment to substitute by Harrison...... 237 P-tOWER, J. L.-Elected Secretary................11 Resolution of thanks to................272 Granted additional time to complete his duties.272 'ROCLAMATION-Of Gov. Sharkey calling Convention.3 PROBATE COURTS-Report of Committee in relation to.29 ~" "~ Resolution in reference to..-. 21,248 PRINTEP —Election of................18 to 20 IPRINTING -Report of committee on..............273 - Of jounms, constitution a. ordiiantes.272 I -N 1' i E, Y' _

IDI X. RESOLUTION-Inviting Clergy to open sessions with prayer.......................... 13 Adopting rules for Convention............... 13 To appoint Committee to draft Constitution al. Amendments.........................14 To notify Gov. Sharkey of organization.....15 To declare valid rights acquired or obliga incurred siince seces sion..................17 To refer proposed Constitutional amend inents and ordinances to appropriate com mittees..............................17 Inviting Messrs. Orr and Holder to seats.....21 " In reference to probate court law............21 To memoralize President concerning negro garrisons...........................23 Inviting Gov. Sharkey to a seat in Convention.24 " -" Geen. Humphreys to a seat..........25 "''~ Gen. Osterhals to a seat............ 25 " To enmploy short-hand reporters..........25, 32 Inviting ]lessrs. Fisher, Adams and Watts to seats..................28 4 To print ordinances.....................29 To ascertain number of legal votes cast...-.-.. 31 Instructing Sergeant-at-Arms to furnish ice... 32 -Inviting Hlon. A. Ii Handly to a seat.... 37 — " To memoralize President in behalf of Jeffer son Davis and Charles Clark..37 Of instruction to Sergeant-at-Arms relative to mails............................109 To appoint committee on enrollmnent....... 109 Appointing committee to consider pay of officers and members.................. 177 " Of thanks to President of Convention.... 273 - " ";' Sergeant-at-Armis...........273 "' "'Secretarv.................... 27 " In reference to ladies memorial............257 " In reference -to salaries of public officers...254 .-4' "To re-submit ordinance for punishment of *~- ~ certain crimes to committee.............. 259 " In-reference to revision of statutes..........232 In reference to compensation of committee to revise the statutes.................270 -" Granting extra compensation to pages......271 " In reference to printing......................i272 " Of thanks to Chaplains........ 273 " Granting Seciltary-additional time.......22 -.. " Of thanks to President.......................- i 33 " In reference to enrollment of Constitution. 232 202

INDE,X. PE6LUTION-Authorizing President to have wlits of election printed4..................... 246 In reference to colonization..247 RATIFICATION-Resolution to submit Constitution and ordinances to people for.............174 Report of Committee adversely to..........225 Consideration of ordinance in reference to resumed....................... 233, 248 REtD, A-Qualified as member........................16 REYNOLDS, A. E.- Qualified as member................ 16 " Remarks on secession.................. 210 Calls up resolution in reference to Justices Peace....................... 250 " Leave of absence granted to.............251 REPORT —Of committee on Probate Courts.............29 ~" " " ~ on Constitutional Amendments..29 *"~ " " ion Short-hand reporters......31 *".... on Ordinances andlaws.......3 " Of minority committee, (Trotter)......... 36 " Of committee on jurisdiction of Justices of Peace................................ 42 " Of committee on enrolled ordinances, 231, 247, 255, 258,274 Of committee on Printing................. 273 ~" -" " on State Constitution.....225 "4 "; " ~ 0on pay of officers and members.233 ".... on State Conistitutionin refer ence to scat of government. 24$) ~" -. "~on State Constitution recom mending change of section 18 article 4........... 250 SANDERS, E. 1H. —Resolution by..................108 " " Ordinance by...............231 SESSIONS, J. F.-Granted leave of absence............108 Granted leave to have his name re corded in affirmative on vote abol ishing slavery................... 174 SECESSION —Ordinance to repeal by Trotter...........16 Consideration of resumed............174 " Ordinance in relation to............... 33 SHARKEY, WM L —Proclamation by.............3 "'~ " Invited to a seat.............24 -" "; -Communication from............265 'SLAVERY Report of committee proposing to abolish.. 29 Vote abolishing....................164 SLOYVER, A.- Qualified as.member.......22 S-RGREANT-AT-ARMS-Instructions to... 32 10 " " 4 ICommLmication from.... 127 29X

) 9- 4 SIM()NTON, J. M. —RecsoIl'.tion y.................... 1)09 " Vmendnent to election ordinance.......... 172 " Z.esolution in refe.rence t, lad ies mnemorial and remarks on saIme.................... 257 ~ lMotion to re-consider vote................266 Amendment to Houston's amendment........ 243 Resolution in reference to writs of election..247 ST()NE,. A. —Remarks on ord(linance relative to secession.................... 202 Remarks on Hudson's ordinallence for puinishment of certain- crimes..... - 21 SUBS"T,ITUTE-IBy JTohson of Smitli for second section Ma,jority report...................53 By Jaimagiii for sae......................54 "By Potter,'....................... 55 B' By Hudsont...................71 By Harrison for report to amend declaration of rights............................ 165 By Martin fior mitnority re)ort oni ordinance of secession...........................174 "By Yerger for minnority (or(linanceee..178 By Goode...17 9 By McnBride for second section............180 For ordinatne legalizing legislative enact merits...............................234 ' I-'y HIarrison...............................'535 TROYWEItB, J. M. —OrdinatiCee to repeal secession ordin ance and remarks on same............. 16, 174 Declaring valid certain rights and. obligations. 17 Minority report on ordinance of secession...38 VAGRANCY Reliort ol Committee to suppress.......30 AVATSON, J. W. C.-Qalified as memer..............22 Resolution, remarks and report conceea ing short-hand reporters.....22, 25, 31, 271 ;' RPemarks on resolution to memorialize Pre sident in lehalf of Jefferson Davis and Chas. (Clarke...................... 39, 258 Remarks on Secoind section................96 Ordinance concerning compenisation of mein bers of Legislature...................271 -. Remarks in reference to High Couirt.......254 "; "8 on secession..................208, 210 Resolution lb..........................232 Benimarks on substitute for ordinaince legal izing legislative enactments.............27 Remarks on and amendment t-o Yerger's, p3roviso 0..............................8 RPemarks in rtereinee to distilleries........ 2, 9 I 1T) ti IX.

IFN ]LYNj. WA TSN. J. ~V. C. —-.Sul})stitutc I(rf Ifouiston' s ame~d uieJt atjd; ratm arks'on- am.e........ 243, 24 4 W'ATTS; HON. JOHN-'.lnvited to seat.............28 WEST, ItON. A.. CI. (ommuntlication l)resellted fromII...248 WT'If ON, J. i. r em o'i,: on-.odinan(ce relative to secession............................. 221. WIER,.JAS.-Iesolution to rIcfer C(O-)'-stituttiol and ()rdi iiaitscc foir ratifieatioi.................174 ''r o Jviso to Y e- ges re (solution relative to levees..............................270 ' A.uendument to section 2, of ordinlmice,)l secessionI............................1 8(; " A-mendment t4) ordinaineii oin secessionll, tand remarks on samie.................222, 223 WOODWARI), J.. —-ulified as iember............. 1 WYLIE, J. M.-....... 1.) Y] S ANI) NAYS.-)n Barr's su)bstitute fobr section 2 - of Mfu,jority repoit oil State Constitution... O - (n substitute of Jolnson, of Smnith, for same section........................ )4 '- ( mnotioin to table Potlter's substitute foibr second section........................ 70 On adoption of second section.............164 Onl substitute-by MAfartini, of Ad(amis, for Mli nority rceport by Trotter, on Ordinance of Seession............................. 177 ()ni Yerger's substitute for Ordiancee by Trotter............................... 178 "On Trotter's Ordinance....................17. On adoption of first section of. Majoritv Re port oni Ordiiance of Secession..........180 On amnendment by Johnston, of Hinds, for second section-.........................181 Oni Yerger's proviso t) Jolihnston's amiiend iment............................... 181 On motioni to reconsider vote extending. jurisdiction of J'ustices of the Peace..... 253 OIn laying on table Yerger's substitute for Minority Ordinaiice on Secession.........220 " On inotion to strike out Johnston's proviso.. 224 Oi Ordin1aice to ratify:Constitution and Or dinaneces............................249 YXERGER, E. 3f. —Elected Printer.....................20 'YERGER, WMi.-Remarks on resolution to mIemorial ize President in behlalf of Jefferson Davis and Chas. Clarke...................... 38 Remarks on Barr's substitute for second sec.. 44 C" " onstitutional amendments to abolish slavery.......... 1......40 to 164 295,

, WM -— Motion to lay Cooper's aendment on tab................................... 164 Remarks in relation to election ordinance... 168 Substitute for Minority Report on Ordinance of Secession........................ 178 Proviso to Johnston's amendment to sec. 2.. 181 Remarks on same........................ 223 Remarks on Ordinance relative to Secession..192 Appointed on special enrolling com-. mittee............................... 23 Remarks in reference to shorthandreporters.271 Resolution in refeience to enrollment of Constitution........................... 232 Motion to lay Potter's amendment on table.. 237 Amendment to HIarrison's substitute for legalizing certain acts.............2....37 Remarks on amendment to Harrison's sub stitute for sec. 3........................242 J. S.- Elected President of Convention.......10 Resolution of thanks to................. 233 Remaraiks at adjournment................. 275 1296 YER,G i Y/ORGER, cc

A:P P E N DI)l X. HiON. J. S. Y-ERGER, of Washington.... President. J. L. PoWiER, of Hinds..................Secretary. T. C. McMAKIN............. Sergeant-at-Arms. WM. J. BRowN.................Doorkeeper. HON. J. M{. SIMONTON, of Ita,wa-tba.,President of Senate. D. P. PoRTEiR, of Hinds................ Secretary. D A. WILKINSON, ot HhI,ds............Doorkeeper. HON. S. J. GHOLSO)N of Monroe.....Speaker of Hlouse. ROBT. C. MILLL,, of Clarke......... Clerk.' UI.NRY MooD........................ Doorkeeper. T. C. ICMaiAKI.............Sergean-at-Arms. BENJ. G. IHUMPHREYS, of Sunflower... Governor. C. A. BROUGIILR, of Tippah............Secretary of State. T. T. SWANN, of Hinds............ An.... Adi'r of Pub. Ac's. JOHN IH. EcuOLs, of'Hfinds............ St&ate Treasurer. C. E. IOOKKR, of HIlinds...............Attorney GCeneral. JA3sIs M. KENNARID, of Claiborne.....Aqjutant General. JAM:S F. MAAUY, of Claiborne..........Private Secretary. MAIHION IT of Hinds...............Keeper of Capitol. WM. L. SHARKEY, of Hinds........Senator, (shortterm.) JAS. L. ALCORIN, of Coahoma,....... " (long term.) t,, 9 "taI,v " -First istrict................... A. E. PYNOLDi. Second Ds.tc..................R. A. PINSON. Third District...................... J. T. HARRLSON. Fo%trth District................... A. M. WEST. Pifth District.......................E.G. P osN. ;,ffi'f' pp e~z8XeatGntto -'X. "I"It, 1865 f-s JtXt~

HliG>H COIURT O}F ERRORIS A ND APPEALS. Firset District.. I. T. IL ~e l'F.,... Second IDistric......... A Ii. HAND). Third DtstriCt........................ W. I-L. IlAR,1mls.. DISTRICT JUDGES AND ATTORNEYS. First District.............. J. B. P)A'on...... Seco'nd Distric t............ G. S. MCMILLAN... Third Dist rict........ F. VALLIANT'r..... Fourth District.......... A. Y. ArE..... Fifthi District................ S.S. CALIIOUN..... Sixth District............... T. HI. Wool)s...... Sevenrth District............ G E. HArIs...... Eig9Iie JDistrict...-.......... C A. SMrrIa....... Nintlh District............. J. A. BLATr......... .Tth D)ttrict.............. W.. B&KsDALE. .J u mD;i- J. MNl-. SStiLLk:. ........ AttornI(ey. ......I J)Gr, J. E. MiNTcNAIr,. . Attorney. .......:It,TmFz fJ. S. Yruot,:,. ...... -.Attorney^. ........ jUDCmV Jo01i WUrs'T. ........ Atoiey. ~Ju'rm: J. A. P. Cm. .......... Attorney. .......} T'GE H. W. FooT'E. ....... At-torney. .. J -UD J. F'. TiOT:TI.,:. -.... Attorney. ... JUIrl, W. -I. HAl.COCK, ........ Attorney. JUDGF. W. H. KIrx'ATtiCi~. ~.. i Attorney. ... JUDI. WM. CO't:RAXN. .... Atttoney. i )%k