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Johnson County, Missouri - Chapter 15, 1881

From The History of Johnson County, Missouri : Including a Reliable History of the Townships, Cities, and Towns, Together with a Map of the County; a Condensed History of Missouri; the State Constitution; an Abstract of the Most Important Laws; the Physical Features of the County; the Early Settlers and Pioneers; the Political and War History; the Religious and Educational History...statistics and Miscellaneous Matters, Etc., Etc, published 1881. 6,332 words, reproduced complete and unedited. Source changes inside the text are labelled in place.

Contents

2 sections

The section headings the book prints inside this chapter. Each one jumps to where it begins.

The text

6,332 words

Machine-read from scans of The History of Johnson County, Missouri : Including a Reliable History of the Townships, Cities, and Towns, Together with a Map of the County; a Condensed History of Missouri; the State Constitution; an Abstract of the Most Important Laws; the Physical Features of the County; the Early Settlers and Pioneers; the Political and War History; the Religious and Educational History...statistics and Miscellaneous Matters, Etc., Etc, published 1881. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.

Chapter 15

Civil History, 1860, 1870 - Successive Governors - National Conventions - Creation of a State Convention by Act of the General Assembly - Its Action With Reference to Secession - Extra'Session of Assembly - Resolutions of Mr. Yest - Abandonment of the Capital - Gamble Declared Governor - Various Sessions of Convention and Legis¬ lature - Act of Secession.

Historical Sketch Of Missouri

crat); 1864 to 1868, Thomas C. Fletcher, (republican); 1868, Joseph W. McClurg, (republican). Jackson was elected over Sample Orr, (Ameri¬ can), Hancock Jackson, (Breckinridge democrat), James B. Gardenhire, (republican). Thomas C. Reynolds was elected lieutenant-governor cratic nominee, Thos. L. Price, by about forty thousand majority. In 1868, Joseph McClurg was elected over the democratic nominee, John S. Phelps, by about nineteen thousand majority. The whole number of votes cast in 1868, was 144,887. It is well to preface the narration of events with this succinct statement of facts showing by sharply distinct lines the ultimate results.

As the principles of the various parties, enunciated in their national platforms, shaped in an eminent degree the state issues, we must first examine in our history of the memorable campaign of 1860, the workings of the conventions which placed such presidential aspirants as Stephen A. Douglas, John Bell, John C. Breckinridge and Abraham Lincoln, before the people.

As has elsewhere been mentioned, it is only desired to present an impar¬ tial picture, free from predilection and from sympathy. The patriotism of to-day deprecates the fact that it is necessary to invoke the sacred pen of history in such a cause.

Some idea has been given of the great questions which had agitated congress during the preceding years. The repeal of the Missouri Com¬ promise, the controversy over the admission of Kansas and Nebraska, being a part of Missouri's own history, have been laid before the reader. But there were other potent causes to ruffle the deep of public feeling. From time to time northern states had passed what is known as " personal liberty laws." Southern states claimed these to be an infringement upon their rights. The " personal liberty laws " protected fugitive slaves, in that the burden of proof was thrown upon the claimant. So closely allied to the prosperity of the south was the possession of its slave prop¬ erty at that time, so deep lay the conviction of " states-rights," sovereign and indisputable as thev were believed to be, that the statements of her bold leaders were brave and fearless, and seemingly to the north bellig¬ erent. *

The democratic nominating convention met on April 23d, in Charleston. Thirty-two states were represented. Caleb Cushing was chosen presi¬ dent. In the construction of a platform, an agreement could not be reached on the subject of slavery. Three reports came before the body from the committee on resolutions. A majority report presented by Wm. W. Avery, of North Carolina; a minority report, presented by H. B.

Payne, of Ohio, and still another by B. F. Butler, of Massachusetts. The minority report (Douglas platform) was adopted, whereupon the ultra-pro¬ slavery delegates withdrew, elected James A. Bayard, president, and adopted the Avery resolutions. Both conventions adjourned without making nominations.

On June 18, the convention assembled at Baltimore, with Caleb Cush¬ ing in the chair. A bitter controversy arose as to whether the pro-slavery delegates should again be admitted to their seats, or the new (Douglas) delegates sent from their respective states. The latter were finally admitted. The delegates of Virginia, North Carolina, Tennessee, Mary¬ land, California, Delaware and Missouri then withdrew, followed by those from Massachusetts, headed by Mr. Cushing. After tljc retirement of Mr. Cushing, David Tod, of Ohio, presided, and Stephen A. Douglas, of Illinois, was nominated for president, and James Fitzpatrick, of Alabama, for vice-president. Fitzpatrick resigning, Herschel V. Johnson, of Geor¬ gia, was put in his place.

On June 23, those who had withdrawn (the ultra-pro-slavery dele¬ gates) met, placed Mr. Cushing in the chair, nominated John C. Breckin¬ ridge for president, and Joseph Lane, of Oregon, for vice-president; then adjourned.

On June the 18th, another convention, composed of the whig and American parties, met in Baltimore. After passing resolutions upholding " the constitution of the country, the union of the states, the enforce¬ ment of the laws, 55 the convention nominated John Bell, of Tennessee, and Edward Everett, of Massachusetts, president and vice-president.

On June 25, the republican party, through its representatives, who had met in Chicago, passed resolutions, almost wholly devoted to declara¬ tions upon the slavery question, and nominated Abraham Lincoln for pres¬ ident, and Hannibal Hamlin for vice-president.

In Missouri the republican party cut but little figure in the campaign, though a state ticket was placed in the field, and the nominee for gov¬ ernor received 6,135 votes.

The fight between the two democratic wings was bitter, and the dis¬ cord was fomented by the friends of Bell and Everett. The opposing factions, however, united in supporting and thereby electing Claiborne F. Jackson governor of the state. The presidential canvass was prosecuted with vigor and resulted in the election of the Douglas electors.

It is readily seen that there was an extreme lack of harmony in the state. Her position in being the only slave-holding state west of the Mis¬ sissippi, and her participation in the Kansas troubles made the dissensions fierce. Still there was a strong element of conservatism in the state, and the feeling of this party was expressed by Gov. Stewart in his retiring message to the legislature in the words : " Missouri will hold to the union so long as it is worth the effort to preserve it. She cannot be frightened by the past unfriendly legislation of the north, or dragooned into secession by the restrictive legislation of the extreme south."

'Governor Jackson, in his inaugural address, boldly stood with the pro¬ slavery party and declared that the duty of Missouri was " to stand by the south," for her destiny must be the destiny of her kindred states hav¬ ing a like social organization ; in a word, that Missouri must secede.

The student of history knows that the initial step of secession was taken by South Carolina, December 20, 1860. He also remembers that the terrible "fancy-shot" upon Fort Sumter was fired the 12th of April, and that amidst the chaos of events which followed thick and fast upon the attempt to establish " independence " in the south, came the proclamation of President Lincoln on April 15, 1861, calling for "the militia of the several states of the union, to the aggregate number of seventy-five thousand, to suppress combinations in South Carolina, Georgia, Alabama Florida, Mississippi, Louisiana and Texas, too powerful to be suppressed by the ordinary course of judicial proceedings."

When, then, on the 4th of January, Gov. Jackson delivered his inaugu¬ ral address, there were only horrible portents of war in the land. The position of Missouri was not yet defined, and while as we have said, the message of Jackson promulgated the idea of secession, it also called for the enactment of a law convening representatives of the people from whom might come the ultimate decision.

It will now be necessary for us in narrating the various events of 1861, to divide the civil and military history of the state. Proceeding with the "civil," we find that in response to the recommendation of Gov. Jackson, the legislature passed a law by which a convention was required to assem¬ ble on the 28th day of February. The powers of the convention were, however, limited by the following amendment to the original bill: " No act, ordinance, or resolution shall be valid to change or dissolve the politi¬ cal relations of this state to the government of the United States, or any other state, until a majority of the qualified voters of this state voting upon the question shall ratify the same." The decision, then, of the con¬ vention was not to be final. The people themselves, each man for him¬ self, must make the choice as to the position which the state was to hold.

During the passage of this bill through the two houses of the twentyfirst general assembly, many important questions of vital interest to the people came up. The scenes were stormy and turbulent. Long discus¬ sions were held as to the province of conventions. It was finally agreed (as the amendment of Charles H. Hardin, which we have just recited shows) that the convention would be a collection of delegates appointed by the people, through the agency and by the adoption of an act of the

The object of the convention was thereafter stated to be "to consider the relations between the government of the United States, the people and the governments of the different states, and the government and people of the state of Missouri, and to adopt such measures for vindicating the sov¬ ereignty of the state and the protection of its institutions as shall appear to them to be demanded."

The policy of the state's seceding was freely discussed along the various stages of the passage of the bill which was to create a body whose sole duty was to determine as nearly as possible the issue.

On January 18, the day of the passage of the bill, a mess'age was received from Gov. Jackson, stating that an envo}Trom the state of Mississippi, Hon. Daniel R. Russell, was in Jefferson City, and would embrace the earliest opportunity to address the assembly. The hall of the house of repre¬ sentatives was accorded to Mr. Russell the same evening, and a large audience listened attentively to his speech.

Mississippi had at that time formally seceded from the union, and the mission of Mr. Russell was to ask in the name of his state that the peo¬ ple of Missouri confer through empowered delegates with the people of Mississippi in a convention of representatives assembled as to " the pres¬ ent threatening relations of the northern and southern sections of the United States, aggravated by the recent election of a president upon principles of hostility to the states of the south," expressing the hope that " Missouri would co-operate with her in the adoption of efficient measures for the common defense and safety of the slave-holding states." But the question had been settled as far as the assembly then deemed necessary.

The celebrated " Peace Congress " from which so much was hoped? was now about to convene. The non-partisan element throughout the union trusted that the black tide of war which threatened to engulf the country could be driven back by an amicable adjustment of conflicting affairs. The plan was embraced by the conservative element of Missouri, and the general assembly appointed as commissioners Messrs. Nat. C. Claiborne, Waldo P. Johnson, John D. Coalter, A. W. Doniphan, Harri¬ son Hough and A. H. Buckner, who immediately proceeded to Wash¬ ington.

On Wednesday, March 13, the joint session of the twenty-first gen¬ eral assembly was held for the purpose of electing a United States senator to succeed James S. Green, whose term of office was about to expire. There were many candidates in the field, and none of the three parties represented in the joint session held numerical power enough to elect their nominee. Among the candidates were James S. Green, (incumbent) a Beckinridge democrat; A. W. Doniphan, Union-Bell-Everett; John S.

Phelps, Douglas democrat; Thomas B. English, Douglas democrat; Robert Wilson, Union-Bell-Everett, with scattering votes for other distin¬ guished citizens. On the 15th ballot, Hon. Waldo P. Johnson was elected* the vote standing Johnson, 87; Doniphan, 36; English, 28.

After passing a " Relief Law " designed to alleviate the " financial stringency " that the approach of the dark ill-defined national evil was beginning to be made felt, which law, however, by a decision of the supreme court soon became a dead letter, the twenty-first general assem¬ bly adjourned sine die on March 28, 1861.

It was soon after convened by proclamation of Gov. Jackson, in extra session, but before we relate its doings it will be proper to review the state convention provided for by the bill which passed the regular session in January.

In conformity with the requirements of the bill, Gov. Jackson notified the sheriffs of the various counties to give notice that the election of dele¬ gates would be held on Monday, February 18, 1861.

The issue between candidates at once became sharp and distinct, for or against secession. While the contest was animated, and in some cases bitter and repulsive, there ran through the populace a tremor of uncer¬ tainty begetting a disposition of neutrality. Grave discussions mingled with fiery partisan speeches were heard. Various questions which sprang up, touching the main issue, were exhaustively discussed by both the candidates and press.

Speaking of the times one narrator says: "At the time when this elec¬ tion for delegates was held, the public sentiment of the state had unques¬ tionably settled in favor of a continuance of Missouri within the union, and in hostility to secession, except to resist coercion, Mr. Seward and Mr. Cameron had made their conciliatory speeches in the senate; a loud voice was heard all over the central states calling for the immediate adop¬ tion of measures for the salvation of the union, and the adjustment of all questions of difference between the contending sections; assurances of Crittenden and Douglas were made that an adjustment would take place; and the general belief out of congress was that in less than ninety days all the difficulties would be honorably settled, unless the extreme republi¬ cans should defeat all concessions, or unless South Carolina should deter¬ mine to bring about a war by making an attack upon the forts or forces of the United States."

A large number of union men were elected. The convention assembled at Jefferson City, February 28. A rule was adopted requiring the mem¬ bers to take an oath to support the constitution of the United States and of the state of Missouri. Nothing of importance was transacted, and the convention adjourned to meet at St. Louis, March 4. Assembling there at the appointed time, the convention was immediately addressed by Mr. Glenn, a commissioner from Georgia, who urged upon Missouri the wisdom of following the action of his own state in withdrawing from the union. On the day after the address, resolutions were adopted dissenting to the views expressed, and declining to secede. Following this action various resolutions, mostly of a conciliatory nature, were read and referred.

One was " that the southern states had no excuse for seceding, and asking the northern states to repeal all acts making the rendition of fugi¬ tive slaves difficult or impossible." Another was "that the general gov¬ ernment be requested to yield up the custom-houses and other offices in the seceded states to the people, and withdraw the federal officers occu¬ pying them."

Without giving farther the resolutions which were introduced, it will be sufficient here to give a copy of the resolutions offered by the majority of the committee on federal relations, of which Mr. Gamble was chairman :

1st. Resolved, That at present there is no adequate cause to impel Missouri to dissolve her connection with the federal union, but on the contrary she will labor for such an adjustment of existing troubles as will secure the peace as well as the rights and equality of all the states.

2d. Resolved, That the people of this state are devotedly attached to the institutions of our country, and earnestly desire that by a fair and amicable adjustment, all the causes of disagreement that at present unfortunately distract us as a people, may be removed, to the end that our union may be preserved and perpetuated, and peace and harmony be restored between the north and south.

3d. Resolved, That the people of this state deem the amendments to the constitution of the United States, proposed by the Hon. John J. Crittenden, of Kentucky, with the extension of the same to the territory hereafter to be acquired by treaty, or otherwise, a basis of adjustment which will successfully remove the causes of difference forever from the arena of national politics.

4th. Resolved, That the people of Missouri believe the peace and quiet of the country will be promoted by a convention, to propose amendments to the constitution of the United States, and this convention therefore urges the legis¬ lature of this state to take the proper steps for calling such convention in pur¬ suance of the fifth article of the constitution, and for providing by law for an election of one delegate to such convention from each electoral district in this state.

5th. Resolved, That in the opinion of this convention, the employment of military force by the federal government to coerce the submission of the seced¬ ing states, or the employment of military force by the seceding states to assail the government of the United States, will inevitably plunge this country into civil war, and thereby entirely extinguish all hope of an amicable settlement of the fearful issues now pending before the country; we therefore earnestly entreat, as well the federal government, as the seceding states, to withhold and stay the arm of military power, and on no pretense whatever bring upon the nation the horrors of civil war. * * * * states, in that press and pulpits had, by inflaming the people, created prejudice against slave-holding and hatred of slave-holders; that deliber¬ ate state legislation had thwarted the congressional " Fugitive Slave Law," that the proclamation had been avowed in unmistakable tones, that an irrepressible conflict had arisen between freedom and slavery, and slavery or the union must perish, that a leader antagonistic to the south, endeavor¬ ing then a policy of coercion, had been elevated to the presidential chair. The report concluded by proposing a method of conference between Virginia, North Carolina, Kentucky, Maryland, Tennessee, Arkansas and Delaware, by which a basis of settlement, by constitutional amendments could be agreed upon.

The convention procedeed on the 19th of March, to consider the reso¬ lutions from the majority of the committee, as reported by Mr. Gamble. The first three were adopted without change. For the fourth the follow¬ ing substitute was adopted:

4th. Resolved , That the people of Missouri believe the peace and quiet of the country will be promoted by a convention to propose amendments to the consti¬ tution of the United States; and this convention, therefore, urges the legislature of this state, and the other states, to take the proper steps for calling such a con¬ vention in pursuance of the fifth article of the constitution, and for providing by law for an election by the people of such number of delegates as are to be sent to such convention.

The fifth resolution was adopted with the following amendment: "And in order to the restoration of harmony and fraternal feeling between the different sections, we would recommend the policy of withdrawing the federal troops from the forts within the borders of the seceding states where there is danger of collision between the state and federal troops."

During the process of agreeing to these resolutions, long and earnest debates were held. It may be stated truthfully, that the earnest desire was for peace, and over all was dominant the idea that military action upon either side would plunge the nation in all the horrifying melange of civil war. This much the tenor of the resolutions makes true. A reso¬ lution was passed favoring an election by the convention of seven dele¬ gates, one from each congressional district, to the border state convention proposed to be held at an early day. The following gentlemen composed the delegation: Hamilton R. Gamble, of St. Louis; John B. Henderson, of Pike; William A. Hall, of Randolph; James H. Moss, of Clay; Wil¬ liam Douglas, of Cooper; L. Hendricks, of Greene; William G. Pomeroy, of Crawford. After the manner of convening the body at any given or necessary time was provided for, the convention adjourned.

So limited is our space that we can only name a few of those who, dis¬ tinguished then, and also in later times, were members of this convention: John B. Henderson, Sterling Price, A. W. Doniphan, J. F. Phillips, Sample

The events of 1861, in Missouri, change with kaliedoscopic rapidity* and as the clouds of war thicken, the lurid lightnings reveal scenes thrilling and strange. The position of the state is anomolous. Unlike either the north or the south, no unanimity of purpose prevails. Even as the nation was rent asunder so was the state.

Turning now for a moment to the military history, we find that coupled with the proclamation of Lincoln, there went to the governors of all the states not therein mentioned, a telegram from the secretary of war, detail¬ ing the quota of militia required to be furnished. Missouri was required to furnish four regiments, but to the telegram received governor Jackson responded as follows :

Sir : Your dispatch of the 15th instant, making a call on Missouri for four regi¬ ments of men for immediate service, has been received. There can be, I appre¬ hend, no doubt that these men are intended to form a part of the president's army to make war upon the people of the seceded states. Your requisition, in my judgment, is illegal, unconstitutional, and revolutionary in its objects, inhu¬ man and diabolical, and cannot be complied with. Not one man will the state of Missouri furnish to carry on such an unholy crusade.

On April 22, 1861, Governor Jackson issued a proclamation convening the legislature on May the 2d. On the same day the adjutant-general* Warwick Hough, by order of the governor, issued a general order, from which we extract the following :

I. To attain a greater degree of efficiencytand perfection in organization and discipline, the commanding officers of the several military districts in this state* having four or more legally organized companies therein, whose armories are within fifteen miles of each other, will assemble their respective commands at some place to be by them severally designated, on the 3d of May, and to go into an encampment for the period of six days, as provided by law.

II. The light battery now attached to the southwest battalion and one com¬ pany of mounted riflemen, including all officers and soldiers belonging to the first district, will proceed forthwith to St. Louis, and report to Gen. D. M. Frost for duty.

The military encampment thus created in St. Louis was called Camp Jackson, and was located in the western suburbs of the city. It was organized pursuant to the order, on the 3d of May.

The proceedings of the extra session, which convened on the 2d of May, at Jefferson City, are unparalleled in the history of the state. The acts were like the rapid gusts of some storm sweeping over the earth. Infinite was the excitement of the hour. Brief as was the session, there were deep apprehensions for personal safety of members. Hostilities had commenced along the eastern border, and in the midst of deliberations, the news came of the surrender of Camp Jackson. Among the acts passed was one suspending the apportionment of school moneys, another authorizing the banks to issue one, two and three dollar notes to the amount of one and a half million of dollars; another authorizing the gov¬ ernor to purchase a foundry for the manufacture of arms and munitions of war; another authorizing him to appoint a major-general to command the entire military force in time of insurrection, invasion or war; another placing twenty thousand dollars at his disposal, to maintain the peace and dignity of the state.

The most stringent measures, however, were taken after the news came that the attack on Camp Jackson had been made. There was then pending before the body, a bill providing for the " organization, govern¬ ment and support " of certain military forces called the " Missouri State Guard," created to enable the governor to take such measures as in his judgment he might deem necessary or proper, to repel invasion or put down rebellion, declared to exist in St. Louis. Though there was much opposition to the act, it is said to have been passed within fifteen minutes after the intelligence of the capture of Camp Jackson. The feverish excitement was scarcely allayed, when far more startling news was received. At eleven o'clock on the night following the capture, bells were rung through the streets of Jefferson City, convening the legislature in midnight session ! The following was read before both houses:

The deepest secrecy was maintained over the discussions of the perilous hour. It was half-past three o'clock in the morning when the delibera¬ tions over the eventful crisis came to an end. The anticipated raid was prevented by burning the railroad bridge over the Osage river, forty miles distant. On the next day comparative quiet was restored, 12,000 kegs of powder and the contents of the treasury vaults removed from the capital.

On the day previous to a final adjournment, the following resolutions from the committee on federal relations were reported to the house by George G. Vest, a prominent lawyer of Sedalia, (now United States sen¬ ator). Their unanimous adoption speaks the tone of the legislature in a manner that is unmistakable, and more powerful and suggestive than com¬ ment :

Whereas, We have learned, with astonishment and indignation, that troops in the service of the federal government have surrounded and taken prisoners of war, the encampment of state militia lately assembled near the city of St. Louis, in pursuance of law, and by command of the governor, for the purpose alone of military instruction; and, whereas, the United States troops, aforesaid, assisted by a mob armed under federal authority, have also murdered, with unparalleled atrocity, defenseless men, women, and children, citizens of Missouri, lawfully and peacefully assembled; now, therefore, j Resolved, by the House of Representatives , the Senate concurring therein , That we, the representatives of the people of Missouri, in general assembly con¬ vened, do hereby protest to the civilized world, and especially our sister states, against this illegal, unchristian, and inhuman violation of our rights by the cap¬ ture of our militia, assembled under the constitution of the United States, and the constitution of this state, and the murder of our defenseless people.

Resolved , 2d, That, whilst Missouri has been loyal to the government, strug¬ gling for its reconstruction, and is now sincerely desirous of an honorable adjust¬ ment of existing difficulties, she has received, as reward for her fidelity, from persons assuming to act under federal authority, unparalleled insult and wrong. An armed despotism, under infuriated partisan leaders, has been inaugurated in our midst, controlled by no law but passion, and actuated by deepest hate against the people of Missouri and their institutions. Our railroads are now under military occupation. The steamboat, C. E. Hilman, engaged in transporting goods from the city of St. Louis to the city of Nashville, has been seized by government troops, within the jurisdiction of this state, and the cargo taken out. The capital of the state is openly threatened with capture, and our session is now being held in the midst of armed citizens hastily assembled for defense.

Resolved , 3d, That it is the unquestioned constitutional right of the state to arm, equip, and organize her militia, for defense against aggression from any quarter; and the attempt by Capt. Lyon, acting, as he says, under authority from Washington, to use the exercise of this right as an excuse for his conduct, evinces but too clearly a disposition, upon the part of the authorities at Washington, to disregard and trample upon the sacred rights of the people of Missouri.

Resolved, 4th, That the charge of Capt. Lyon to Gen. Frost, that the proceed¬ ings of the state authorities, or of this general assembly, at any time, furnished a pretext for the course pursued by him is entirsly gratuitous and false.

Resolved, 5th, That the governor of the state be hereby directed to make demand of the president of the United States, whether these outrages have been authorized by the government, and for the immediate return of the arms, camp equipage, and other property belonging to this state, lately taken from our mili¬ tary near St. Louis, and for the unconditional release of our state troops.

Resolved, 6th, That the governor be requested to take instant action, by call¬ ing forth the militia of the state, for the purpose of defense; and that the people of Missouri should rally as one man, to perish, if necessary, in defending their constitutional rights.

Resolved, That the governor be requested to furnish a copy of the foregoing preamble and resolutions to the president of the United States, and to the gov¬ ernor of each of the states.

The governor, under the power vested in him by the recent act of the legislature, appointed as major-general of the "state guard," Sterling Price. Soon after the adjournment of this " extra session," the state capital was abandoned by the governor and other state officers.

The next deliberative body which assembles in Jefferson City is the state convention, whose proceedings in St. Louis have been given in preceding pages. The convention met on July 22. The presidential chair was vacant, Sterling Price, the former incumbent, having accepted the appoint¬ ment tendered him of major-general. Robert Wilson, the vice-president, was made president, and Aikman Welch, of Johnson county, chosen vicepresident. The following committee was elected "for the purpose of reporting what action was necessary to be taken by the convention in the present condition of public affairs in Missouri," viz: James O. Broadhead, of St. Louis; William A. Hall, of Randolph; Willard P. Hall, of Buchanan; William Douglass, of Cooper; L. Hendricks, of Green; and Joseph Bogy, of Ste. Genevieve, being one from each congressional district. The report, after reciting a preamble, in which it was averred that the governor and other officers of the state had deserted the capital and were engaged in forming a conspiracy by which Missouri should become compacted with the southern states in secession, recommended amendments to be ordained by the convention to the constitution. These amendments, which were adopted, declared the offices of governor, lieutenant-governor, secretary of state, and members of the general assembly vacant, and delegated authority to that convention to fill, by election, the first three, the officers thus elected to hold office until the first Monday in November, 1861, when an election by the people might be held. They provided also for repealing "certain odious laws" (the work of the legislature at Jefferson City under Gov. Jackson), viz : the law by which the apportionment of school moneys was suspended and the laws relative to the " state guard" and to the fund for maintaining the same.

On the 31st of July the convention appointed the following officers Hamilton R. Gamble, governor; Willard P. Hall, lieutenant-governor; Mordecai Oliver, secretary of state.

*Gov. Gamble, by a proclamation, called another session of the conven¬ tion at Mercantile Library Hall, St. Louis, October 10, 1861. The first business transacted was the adoption of an ordinance changing the time of the popular election for state officers from November, 1861, to August, 1862, and continuing Gamble, Hall and Oliver in office until that time. Next, an ordinance was adopted, which abolished the board of public works and the office of state superintendent of public schools, state and assistant state geologist, and provided that county clerks should discharge the duties of county school commissioners. But the most important action of this body was the adoption of an ordinance promulgating to the peo¬ ple the famous test oath of loyalty. By this every civil officer in the state, under penalty of having his office declared vacant, was made to take an oath " to support the constitution of the United States and of this state, and that he will not take up arms against the government of the United States, nor the provisional government of this state, nor give aid or com¬ fort to the enemies of either, during the present civil war." An ordin¬ ance was also passed providing exemption " from arrest or punishment for offenses previously committed against the provisional government of this state, or giving aid or comfort to its enemies in the present civil war," to those who should take, subscribe and file said oath within sixty days. After an eight days' session, the convention adjourned. It did not con¬ vene again until June, 1862.

The proclamation of Gov. Jackson convening the state legislature in extra session on the 21st of October, 1861, at Neosho, reads thus: 44 1 have in vain endeavored to secure your constitutional rights by peaceable means, and have only resorted to war when it became necessary to repel the most cruel and long-continued aggressions. War now exists between the state of Missouri and the federal government, and a state of war is incompatible with the continuance of our union with that government. Therefore, for the purpose of giving to the representatives of the people of Missouri an opportunity of determining whether it be proper now to dissolve the constitutional bond which binds us to the government of the United States, when all other bonds between us are broken, I, Claiborne F. Jackson," etc.

The records of the acts passed during this session are incomplete. It is not known how many members responded to the call, but a quorum was finally obtained by compelling the attendance of absent members and the appointment of proxies. On Nov. 2, an act was unanimously passed entitled 44 An act declaring the ties heretofore existing between the state of Missouri and the United States of America dissolved." This act rati¬ fied an agreement which had been previously made by commissioners of the state and confederate government, as follows:

Whereas, It is the common desire of the state of Missouri and the Confed¬ erate States of America, that said state should become a member of the confed¬ eracy; and whereas, the accomplishment of their purpose is now prevented by an armed invasion of the territory of said state by the United States; and whereas, the interests of both demand that they should make common cause in the war waged by the United States against the liberties of both; now, there¬ fore, for these most desirable objects, the executive power of the state of Mis¬ souri has conferred full powers on Edward Carrington Cabell and Thomas L. Snead, and the president of the Confederate States of America on R. M. T. Hunter, their secretary of state, who, after having exchanged their full powers in due and proper form, have agreed to the following articles:

Article 1. The state of Missouri shall be admitted into said confederacy on an equal footing with the other states composing the same, on the fulfillment of the conditions set forth in the second section of the act of the congress of the confederate states, entitled "An act to aid the state of Missouri in repelling invasion by the United States, and to authorize the administration of said state as a member of the Confederate States of America, and for other purposes," approved August 20, 1861.

Art. 2. Until said state of Missouri shall become a member of said confed¬ eracy, the whole military force, material of war, and military operations, offensive and defensive, of said state, shall be under the chief control and direction of the president of the Confederate States, upon the same basis, principles and footing as if the said state were now and during the interval a member of said confed¬ eracy, the said force, together with that of the Confederate States, to be employed for their common defense.

Art. 3. The state of Missouri will, whenever she becomes a member of said confederacy, turn over to said confederate states all the public property, naval stores and munitions of war, of which she may then be in possession, acquired from the United States (excepting the public lands) on the same terms and in the same manner as the other states of said confederacy have done in like cases.

Art. 4. All expenditures for the prosecution of the existing war, incurred by the state of Missouri, from and after the date of the signing of this conven¬ tion, shall be met and provided for by the Confederate States.

Art. 5. The alliance hereby made between the said state of Missouri and the Confederate States, shall be offensive and defensive, and shall be and remain in force during the continuance of the existing war with the United States, or until superseded by the admission of said state to the confederacy, and shall take effect from the date thereof, according to the provisions of the third section of the aforesaid act, approved August 20, 1861.

In faith whereof, we, the commissioners of the state of Missouri and of the Con¬ federate States of America, have signed and sealed these presents.

It is worthy of mention here to state that at the same meeting of the legislature, that body elected as senators to the confederate congress, John B. Clark and R. L. Y. Peyton, and as representatives, Thomas A. Harris, Casper W. Bell, A. H. Conad, Thomas Freeman, George Vest, Dr. Heyer oi Dent, and William M. Cooke, of St. Louis. On November 7, the assembly adjourned to meet at New Madrid, in March, 1862.

This completes the record of the work of the pen during 1861, but we have yet to narrate the work of the unsheathed sword. The civil and military history of Missouri are closely interwoven, the one in many instances, compelling the other. Yet they are far different to look upon.

Provenance

Text from The History of Johnson County, Missouri : Including a Reliable History of the Townships, Cities, and Towns, Together with a Map of the County; a Condensed History of Missouri; the State Constitution; an Abstract of the Most Important Laws; the Physical Features of the County; the Early Settlers and Pioneers; the Political and War History; the Religious and Educational History...statistics and Miscellaneous Matters, Etc., Etc, published 1881, in the public domain in the United States and digitised by the Internet Archive.