St. Louis City (part 4 of 11)

rebel bands, and who are so kindly and " respectfully" - oh, most respectfully - alluded to by the speaker on Saturday, as "refugees." Unfortunately they are refugees, flying from before the army of what our ex-Governor called a " foreign State" - driven from home, threatened with death, unable to return to where their families and all their interests are, for fear of summary execution at the hands of those lawless marauders. I see these gentlemen before me, members of this body - and they are told by my sympathizing colleague, who rests safely at home under the protection of the martial law which he so bitterly denounces, that they have no right to call upon the President of the United States for any protection whatever. And they have the consolation of being informed that they must look to the judiciary for redress. You, sir, (the speaker addressed Judge Orr,) who can not hold your court in Greene county, because of twenty thousand armed men there, are coolly asked - " Why don't you call your grand jury together ?" Why, sir, is such talk as this serious, when the Judge is driven from his home, when neither grand nor petit jury can assemble, nor court be held, nor process be issued, for fear of death itself, speedy and cruel? How bitter the scorn with which these gentlemen are selected - perhaps not intentionally, for it was said "with entire respect" - and taunted with their misfortunes ! And what, my friends, are your feelings - refugees, plundered, driven from home as you are - when you receive the information that you must go before the grand jury, or bring your civil action for damages, to be protected ! How monstrous is such a proposition as this - and it comes from a lawyer! Sir, if this were the law - if this were true of the Constitution of the United States, it would be enough to silence every word that has ever been uttered in its praise. Not so is the plain language of that Constitution, or of the act 01 Congress of 1795, passed in pursuance of its provisions, as interpreted by the Supreme Court. The gentleman, as I happen to know, is familiar with the celebrated case of Martin v. Mott, in which the Supreme Court decided that whenever the President himself believed the fact to be that combinations existed in any State against the United States laws, too powerful to be put down by ordinary legal means, he was bound to call out the militia and suppress the insurrection. Again, there was a very careful distinction made between "fealty to the Constitution" and " fealty to the Government ;" and we were told that the one might destroy the other. Now, sir, the plain and honest truth is that no man can be loyal to the Constitution without being loyal to the Government which is formed under that Constitution. But it is also true, that loyalty to the Government does not always imply or require either admiration or approval of every act of every officer of that Government. Is it possible that any man of common sense needs to be told of this distinction ? There have been acts of high officials in this department which many loyal men do not consider calculated to promote the best interests of the Government, I have never surrendered my right of private judgment. I claim to have that right and to exercise it. But for that reason I do not think it necessary for me to be a traitor to my country.

In short, sir, the spirit and tenor of that whole speech, whatever was the inmost purpose of the speaker, was simply and plainly an attack upon the existing Government of the United States, and an effort to break it down. It is by just such speeches as these, by such unsound arguments, by such perverted facts, such inflammatory appeals to the noblest sentiments of our nature, that - as the gentleman from Clinton justly said - rebels are made all over the State. For that reason, and because the position of the speaker gave it a prominence and circulation to which its merits do not entitle it, I have noticed it thus in detail. Many a generous, high-souled youth, meaning in truth no wrong, but thus cruelly misled, has been seduced into the most enormous crime of which a freeman can be guilty. And I know of at least one case, occurring in this city but a day or two since, where such a youth, on the eve of joining Price's army, was brought by a kind and thoughtful word to pause and reflect - and reflection saved him.

I may be pardoned, I trust, for alluding to a matter in which the gentleman took notice of myself - a very generous and candid notice. I was mentioned as having introduced a resolution looking to confiscation. The gentleman supposed I had been reading Motley's History, and had perhaps obtained there the idea of that resolution from the policy of "one of the greatest bigots and tyrants that ever lived ;" who, it was said, raised a revenue by confiscation, and was the only instance of the kind in history. That was all the notice I had the honor to receive, but it was just enough for a purpose - shall I say the purpose ? Now, the resolution I introduced, as the gentleman knew very well, did not aim at confiscation for any such purpose, nor in any such spirit. I stand on that resolution to-day. It provided that every person in this State, who, after a reasonable time shall have elapsed, shall be found employed in aiding the rebellion, shall lose his property. It did not provide for confiscating any man's property except those who shall disregard a sufficient warning, and shall persist in open rebellion. It touched no man for his opinions, nor for any act in the past. It did strike at acts in the future. And in my opinion the man who claims that this principle is wrong or unjust when applied to open and active and persistent rebellion, is very far gone in sympathy with that rebellion himself. The true and obvious purpose of that resolution was, first of all, to deter men from opposing the Government, by showing them that they could not renounce their duties to it without losing their rights under it. And the highest success of such a measure would be achieved if it prevented, by its own operation, the confiscation of a dollar.

Mr. HITCHCOCK. I thank the Convention for this courtesy, and will tax their patience but little longer. It was said that the case of that " bigot and tyrant" whom Motley has made immortal in infamy, was the only instance in history of the raising of revenue hy confiscation. The expansive historical knowledge of the gentleman leaped at a single bound through all recorded time, and he could find but one single instance, and that was the act of a " bigot and a tyrant." Now if the gentleman will stoop to examine with me the acts of those same old " Fathers of the Revolution," of whom he thinks so much and knows so little, he will find that they resorted to this plan of confiscation as being efficacious, just and right. Nearly every colony passed acts of confiscation. Rhode Island, in November, 1775 - before the Declaration of Independence - through her Legislature, passed acts confiscating by name the property of individual Tories for acts already committed - among them, Governor Hutchinson, of Massachusetts. The same Legislature passed acts decreeing both forfeiture and death to those who should furnish supplies or open correspondence with the enemy. I find also that in 1777 Congress passed a resolution recommending the States to confiscate the property of Tories. In January, 1778, in the Legislature of the gentleman's own native State, Thomas Jefferson drafted, introduced, and passed a bill to sequester British debts. It was a bill liberal in its features, but it was a bill of sequestration. And, not to go into further details, so general had this remedy been, that in the Treaty of Peace and Independence in 1783, between Great Britain and the United States, there are three articles relating to this very subject. Those articles stipulated for the remission of forfeitures against " real British subjects" - that is, those residing in England or in other than our own colonies ; and that Tories should have twelve months allowed them to try and get back their confiscated estates ; and that Congress should recommend to the several States to restore such estates on payment by them of the bona fide price which any purchaser since the confiscation may have paid.

So much for what "the Fathers" thought of this " bigoted and tyrannical" policy. I am not disposed to go southward for examples, or I might allude to that most rigorous and sweeping confiscation act which has already passed the so-called " Confederate Congress," which affects not only all who bear arms against them, but all who reside out of those States, and all who will not take the oath of allegiance. Yet the gentleman had not a word to say 'about that.

I desire to correct some errors and assumptions into which the speaker fell in regard to the Military Bill adopted by this body in' July last, its deficiencies, and what he claimed were its effects. We were kindly lectured on our sad blunder in supposing that freemen would volunteer under any military bill we could pass - and so forth j and it was taken for granted that the amendments now proposed were intended to force enlistments. The simple truth is that the Governor has already many more volunteers than he has arms for as yet. and that no apprehension on that score is felt whatever. Free men volunteered in 1776, under a military dictator. They rallied around Jackson in 1815, in spite of Martial Law. They are rallying now, and that rapidly, in Missouri. The gentleman will find that the defects of the present Military Bill are defects of machinery for organizing men, no matter how numerous, into an effective army. Regulations are needed - articles for discipline - boards of examination, and other details, such as Congress acted on in July last for the United States army. These defects were well known in July last, when the old law of 1859 - a law made for peace - was adopted. They were not remedied then because we earnestly hoped never to need a State army, and desired to do the least that we could help that even looked like preparing for war. Since then the issue has been forced upon us. Our efforts for peace are scorned - an invading army is within our bor.lers - .our proposed election is to be broken up by force. We have no alternative but to meet it as we ought.

Enough of all this. I have already trespassed ^oo long on the kindness of the Convention. If I were to retort the attack thus recklessly made, it were easy to arraign my colleague, and call on him to hold up his right hand and plead guilty or not guilty to the charge of unfaithfulness to his own high trust. He gave us his defense, indeed. We were told that when we could not see clearly what we ought to do, we should do nothing. Why has not the gentle, man done nothing? We should have been glad to receive that much aid. He told us that if he were a physician, and were called upon to prescribe for a patient who had inflammation of the brain, he would not bleed him lest the patient should die ; he would do nothing at all The parallel might be expanded. We might liken the State and the Union to a patient. We might remember how, in February last, the doctors were called together; how one of them at least came forward and declared himself able to give advice; how he exhibited his diploma, and made long quotations from the books, and showed himself profoundly versed in all the principles of the system with which he was to deal 5 how he had no doubt nor hesitation - no, not for a moment - in prescribing for the case j not only for that attack, but for a future constitutional regimen which should prevent them for evermore.

I remember how in March we felt gratified to find that we had in Missouri a man who could go outside of the State, and tell in advance what a National Convention ought to do to remedy the public disorders. But the patient grew worse - and the doctors were called to consult again. Naturally the eyes of the public turned to those who showed themselves so proficient in learning, so able, so skillful, so ready, to know what could be done. They remembered one who especially declared that something must be done for the Union - that talking was no good - that unless a man could give up every prejudice, every association, every preconceived opinion for that sacred cause, he was no Union man. But the patient was now desperately ill. Somehow, the physician began to lose confidence - thought there was no remedy - thought it was but to do nothing at all, but trust to the vis medicatrix natures. Did the physician stop there ? No ! he not only denounced those who thought there was yet a remedy, but he excited the patients against him. Was it kind, was it wise, was it like a good nurse, to conjure up before the delirious and fevered brain new images of horror? Now we are called together again, and what is done? The case is bad, the danger great: his advice is, do nothing ! Is that all ? No ; we find the bandages are torn off, the gaping wounds exposed ; and while the delirious sufferer is held back by the kindness of friends fi om that liberty which would end in suicide, we find this physician, instead of endeavoring to soothe his excitement, addressing to him such language as this : "You are a free man - claim your liberty ! You are not worthy of it if you do not rise from your bed, and take every means to increase the fever and bring on a speedy dissolution !"

Mr. President, I trust, in all truth and kindness, that the day may not come when to any man who has stood in this hall, and taken the solemn oath that we took - I trust the day may not come when the spectre of a ruined and murdered country shall rise before him in the visions of the night, to haunt him with the sense of duties unperformed - of awful responsibilities unmet. I trust that from no lips that have spoken here may be wrung by such a vision, as from the guilty Thane of Cawdor, the passionate, remorseful, unavailing cry -

Mr. BRECKINRIDGE offered an amendment providing that the provision of the ordinance passed by the Convention at its session in July, for the purpose of regulating elections, shall apply not only to the elections which are to be held under that ordinance, but to any other special election which may in the meantime be held. Adopted.

Mr. ALLEN offered an amendment striking out from the third section the words "until the qualified voters of the State shall approve or disapprove the action of the Convention." Mr. A. said he had no doubt that when this election was held, so far as the disloyal portion of the people are concerned, that would be the only question upon which they would vote; and that in the event of their rucceeding, through fraud or otherwise, in obtaining an apparent majority, it would place us in the position where we originally stood, and consequently establish Jackson as Governor of Missouri. He felt willing to shoulder the responsibility, so far as his constituents were concerned, \vhich might attach to this amendment.

Mr. BRECKINRIDGE was opposed to the amendment. The Convention at its last session considered this matter, and agreed to submit the question to the people for aproval or disapproval. The action was thought by many to be unwise j but it was desired by the Committee on Elections, at the present time, to make our action conform to that of last session.

Mr. MCFERRAN offered an amendment to the second section of the ordinance postponing the election, proposing to dispense with the submission of the action of the Convention to the people. He deemed it impracticable to submit their action to the people. If the action of this Convention should be disapproved by the people, through fraud or otherwise, it would result in the complete overthrow of the government of the State.

Mr. GANTT suggested that they could dispatch more business by having but one session a day, commencing at 9 or 10 o'clock A.M., and sitting till 2 or 3 o'clock p. M.

but I am satisfied that the proposition to postpone the election from November until August next, is a confession of judgment. I take it as such, and as an acknowledgment that the people of Missouri are opposed to the Convention, and will vote its action down. We have been told again and again, that those opposed to the action of the Convention would prevent a fair expression of the popular will ; but only one man, it seems, has yet been cited as having made this declaration. Suppose one man in Missouri has said the State shall run with blood - one man or two men may say the same thing, but it would be no excuse for the Convention to further postpone its action. If you have the power to postpone until August, 1862, you have the same power to postpone until November, 1892. Is it any excuse why the Convention should withdraw the election from the people of Missouri in November simply because of the fear the people will not acquiesce in its action, or because one man has said that armed resistance shall be made? The proper way to meet the issue is to go before the people themselves. When the proposition was made to appoint a Governor, it was first proposed to hold him in office but thirty days, and then let the people decide upon it. Then again it was proposed to have the election held within the time allowed by the Constitution. But when the great pulse of the people of Missouri has been felt, and when it is ascertained that they are opposed to the action of the Convention three to one, then it is proposed to postpone it until August, 1862 ; and not only that, but it is also proposed that the people shall not pass upon it all. We have the power in our hands to hold office. We are here a bare majority, scarcely enough to do business, and yet we declare that we have the power to say that 200,000 voters in Missouri are not competent to attend to their own business, or pass upon our action. What is the reason there cannot be a fair vote ? There certainly can be a fair vote upon the north side of the river ; and is there a single county in the State where it cannot be done ? Not a single rebel commander, as the term goes, exists in the northern section of this State, that I know of. In the district I represent, I am satisfied a fair election can beheld, and that the people are ready to vote on the issues ; and I presume it can be done all through the State. Are we to say that the people shall not go to the polls after it has been determined that our action shall be submitted to them? Are we to say that they shall not vote because we think they, as freemen, will not do right at the polls? I am willing, so far as I am concerned, to let them pass upon the acts of the Convention, and allow them to dispose of it as they please. The making of a new Governor was no unimportant matter ; and shall we multiply our difficulties still further by postponing the election till August? I say, let the people vote at once.

Mr. STEWART. I am not surprised that the gentleman from Andrew should admit that he is willing to leave the whole proposition to the people. I very well recollect the part which the gentleman played in his section of the country, at St. Joseph and Savannah, after the Convention at Jefferson city. I remember how he was connected with the notorious Jeff. Thompson, and how he declared on one occasion, in his own Campbellite church, that I ought to be hung ; and how he endeavored to incense the citizens of Savannah against me, and prevent me from tearing down his ragged secession flag, and raising the Union flag in its stead.

Mr. HUDGENS. If the gentleman will allow me, I will state that he is laboring under an entire misapprehension. I never said or did anything of the kind.

Mr. HUDGENS. May I be permitted to explain? The speech to which the gentleman alludes was made in my own city of Savannah, on an occasion when a large company of Germans came from St. Joseph, with the gentleman himself at their head. There was great excitement among our people in regard to it, and as I saw they were likely to organize themselves into a mob, I, with others - some of the principal men of our county, men of high standing, and who wanted peace - thought the best means of preserving peace would be to open the doors of that church, and invite all the States-rights men therein, and make speeches to them, so as to prevent them from mingling and fighting with the crowd from St. Joseph. These men were called off to insure the gent's own protection, and nothing else.

Mr. STEWART. I will ask the gentleman if he did not say that the best way to dispose of the Union cause in that section was to dispose of myself.

Mr. HUDGENS. I said no such thing then, nor at any other time. I did every thing I could to protect you. I never said that you ought to be hung, and the man who asserts it declares a falsehood. I did every thing I could to keep down a riot on the occasion to which you have referred, I called a meeting in the church for the purpose of allowing you to make your speech, arid to prevent any one from interfering with you.

Mr. STEWART. I will inform this Convention that I never at any time labored under the slightest apprehension of being attacked by any secessionist in Andrew county, or anywhere else. It is true I went to Savannah in company with some of my friends from St. Joseph - some Whigs and some Democfats. I went there, because I knew the gentleman, after his return from Jefferson city, made inflammatory speeches against me, denouncing and threatening to hang me if I came to his town.

Mr. STEWART. Well, then, you made a speech denouncing the Convention in the most bitter terms, and its members as traitors to the Government and State, and as worthy a lunatic asylum.

Mr. STEWART. Well, I claim the right to say, most emphatically, that the speech which the gentleman made contained the gall and bitterness of secession itself.

Mr. HUDGENS. I raise a point of order. I wish to know if the gentleman has the right to misrepresent me in this manner. . Mr. STEWART. I am personally responsible for my statements.

The PRESIDENT. The Chair has no means of knowing whether the gentleman's representations are correct or incorrect, but he will require the gentleman hereafter to confine himself more to the question.

Mr. STEWART. Very well, sir. But I wish the gentlemen of this Convention to understand the position which the gentleman from Andrew occupies. I wish them to understand that he has from the first been in sympathy with Jackson. And speaking of Jackson, reminds me of a little incident in connection with this abdicated traitor. I remember last spring I went up to Jefferson city, and stopped at a house opposite the Governor's mansion j and -very morning when I got up, the first thing that met my gaze was a little secession flag, stuck out in a flower-pot which I bought myself, but never designed it for such an infamous purpose as that. The sight of this rattlesnake flag was very annoying, and I felt I should be under the disagreeable necessity of taking it away. Just at that time, however, everybody was scared, as Price and Jackson had ordered all the women and children to leave, and the Knights of the Golden Circle had established a perfect reign of terror. I gave notice, however, that I should speak in the courthouse on a certain night ; and I did speak, although they threatened to bring the guns of the Penitentiary to bear upon me if I made the attempt. I took occasion, during my speech, to allude to this secession flag in no very complimentary terms, and the next morning I saw the flag had disappeared. After that I went to St. Joseph, and there I learned Jeff. Thompson, at the head of a mob, had stolen the guns from the Liberty Arsenal ; and I believe the honorable gentleman from Andrtw sympathized with, if he did not take part in, that movement. At any rate, this armed band of secessionists, numbering some four or five thousand, went to St. Joseph just before I got there, and stuck their secession rag upon the matket-house ; and I think the gentleman from Andrew made a speech on that occasion. The Knights of the Golden Circle - that damnable band of traitors, hatched in iniquity and nurtured by midnight conspiracy - tore down the stars and stripes, and put up theii; secession rag; and on a subsequent occasion I denounced the outrage as it deserved. They told me I would be afraid to go to Andrew county and make use of the same remarks that I had delivered at St. Jo., as Mr. Hudgens would appear against me. I immediate!}' gave notice that in six days from that time I would go to the courthouse at Savannah and make the same speech, in the gentleman's own town. I did go, and delivered my speech, and felt no apprehension as to my personal safety j because I had been arrested. on several previous occasions, and these men with the lurking devil of secession in their hearts had shown that they were afraid to kill me. I told the crowd of secessionists once that they were nothing but a rnob, and that while they thought they were performing a great feat in arresting me, yet they dared not kill me ; " because," I said, " you know the moment that you shed my blood, it will be. like shedding the blood of a heifer on the meadow, as a whole herd of cat- tie on a thousand hills will come to my res cue." Well, I made my speech, and wen home; but, soon after, these cowardly scoun drela undertook to destroy my press and burn the post-office, and all their movements have been characterized by acts of vandalism suffi cient to disgrace savages. Yet they have al ways had the sympathy of the gentleman from Andrew. I am not surprised that the gentle man should denounce the action of this Con vention so bitterly. He has always been opposed to its action, because he is rebellious a heart and in sympathy with the rebels ; and ] believe he is an exchanged prisoner at this present moment. [A voice - "that's a fact."] But, of course, that is a matter of which I do not care to speak.

Mr. Stewart here gave way to Mr. McFERRAN, who presented a report from the Committee on Civil Officers, in the shape of " An Ordi-nance to abolish certain officers and reduce the salaries of others."

Mr. BROADHEAD. As a member of this committee, I do not fully agree with the report, but shall content myself with offering amendments when it comes up, instead of offering a minority report.

Mr. STEWART, being entitled to the floor, resumed his remarks, and spoke at considerable length in denunciation of the Southern Confederacy, and concluded by expressing the hope that the rebels would speedily be cleared from the State. He was not in favor of showing any great leniency to them j he thought the best plan was to fight the devil with fire ; or, in other words, that the counterpart part of guerrilla warfare was guerrilla itself ; and the next thing was extermination - wiping out the rebels, root and branch, from the Slate, of which he was greatly in favor.

Mr. HUDGEN-J. Mr. President, I desire to explain a personal matter. No member in this house regrets more than I do the necessity which compels me, upon the present occasion, in occupying the time of this body, to defend myself from a personal attack. There has never been a period in my life, Mr. President, when I could so far forget my manhood, and the position I occupy, as to avail myself of an opportunity to inflict a wound or offer an insult to any one under such circumstances. If I have an injury against a man, and cannot get satisfaction in the ordinary way, I will not attempt to seek it under circumstances like the present. I desire, inasmuch as I think the occasion demands it, to leave myself upon the record in a proper light to be read by others, and it is upon that principle that I ask the indulgence of the house until I am allowed to defend myself from the attack made upon my honor in the speech of the gentleman from Buchanan (Mr. Stewart). In the first place, he tells you that I was elected in my district as a Union man, and then misrepresented my constituency, and even refused to take the oath to support the constitution. It will be borne in mind that I did not, as a member of this Convention, object to the oath. That question was debated, and I inquired if the oath, when taken, would have a certain effect. I had no idea of making any objections to taking the oath. The journals will show this : that the subject was debated by Union men, and I propounded a question to the Chairman of the Convention, Judge Gamble, as to what would be the effect of taking the oath, and that was all. I doubted the propriety of the oath, yet had no objection to taking it.

Now, the gentleman has alluded to a proclamation, as he is pleased to c,all it, alleging that I showed it to him while on the way to this Convention in March last, and he avers that I have departed from the policy therein laid down. Now, I wish, Mr. President, to present that proclamation to this body, (or, rather, circular I suppose he means,) in order to show that the gentleman's statement is without foundation. 1 desire that that circular letter i)e read and compared with my published speeches.

Judge Hudgens' Letter

appointed and spavined politicians of the different political parties, with the Abolitionists and enemies to the institutions and interests of Missouri, who would sell their dearest interests for power. They cry ' Union/ to deceive the unsuspecting, in order to build up a new party, for the purpose of abolishing slavery in this State, and gaining place and power. This is no time for such men ; the hour is too perilous. We want men whose antecedents show that they have been for the Union, and love it for what it cost, for what it has done, and for what it would do for us, if preserved and carried out with the spirit and the manner intended by our fathers; such men as will mourn if it should be destroyed, like a child at the funeral of its mother, and, long after it is destroyed, hope that it will still live again, having done all that they could to preserve its life. "As important duties will devolve upon the members of the Convention, they should be lovers of the Constitution and the Union ; they should be conservative, compromise men. Missouri should stand with the border States - Kentucky, Tennessee, Virginia, and Maryland - demanding of the North justice to the South, and a permanent settlement, now and forever, of the slavery question, that we may have no more agitation between the North and the South, but each respect the rights of the other. This cannot be done in haste - it will take time. The Convention will not adjourn the first day, as we have heard.

^Missouri should be heard by both the North and the South, demanding what is right, and submitting to nothing wrong. She need not advocate secession or disunion, but should stand between the North and the South, and plead for compromise and peace. She must stand with the slave States in demanding of the North justice to the South. And after all hope of reconciliation and peace has fled, and the remaining sister slave States have formed a separate republic - the Union then, of course, having been dissolved - Missouri, being clear of the sin, will then have to take her position iither with a Northern or Southern republic, or stand alone. At this dreadful crisis, I have no hesitation in declaring that I want Missouri to unite her destiny with the South, if proper terms can be made. I say we will have to take a position ; and taking a position after the dissolution of the Union would not involve us in secession or disunion, for the reason that there would be no Union to dissolve or secede from. "I am neither a secessionist nor submissionist, nor am I for coercion or for war. I want every thing that shall be done, to be done in a spirit of compromise, and with a view to a permanent peace in any event.

I have had this circular read, Mr. President, for the purpose of showing that I have not departed from the principles therein laid down, and also to show the treachery of the man's memory. Now, I have to say to-day - and I am not ashamed nor afraid to do it - that I have no desire to conceal anything from this body, or from any gentleman. Those were my sentiments when I uttered them, and they are now my sentiments, and I for one am willing to avow them. The gentleman mistakes me, and does me injustice, when he insinuates that I am capable of representing my people unfairly. I do not make this reply to his remarks for the purpose of putting myself right at home. Every man who knows me at home, knows that I am no negative man. They know that if I take a position, I will stand by it until convinced of its error ; and the ground that is good enough for me to stand upon, is good enough for me to fall upon. I am a Southerner by birth, education, and principle. Now, in regard to my speech at St. Joseph, the gentleman says he read it, and yet it was never published. He has detailed extract after extract, and yet it was never reported. I wish it had been.

Mr. STEWART. I say it was published. Mr. HUDGENS. I assert, that, so far as my knowledge goes, it never was published, and I appeal to his colleague, Mr. Hall, if that speech ever did appear in print. There was a letter published which alluded to the speech and pretended to give some of the passages. Some man wrote an account of the meeting, and stated that such and such things were done. I do not remember all that was said on that occasion, but know that the speech was not personal j that the only lime the gentleman's name was mentioned by me, was when I was called upon to read the votes of certain parties in this Convention. I regretted to do it, but was called upon and could not refuse. My speech on that occasion embodied nothing more than the sentiments which are contained in my speeches published in the Journal. I did not advocate the whole policy which this Convention saw fit to adopt. I suppose th-»t I had the right of a freeman, and that when I was addressing my constituents I had the right to report to them what we had done in this Convention, and how we had done it. I supposed I had the right to do this, and I had no idea that there would be any criticism, or denial of such right in this body upon it. I will say this : I do not charge the gentleman from Buchanan with having wilfully misrepresented my position on that occasion. He was not present, and the only knowledge he has of what my position was, was obtained from some individuals, or the letter which misrepresented the facts. The statements he has made are entirely untrue in every sense and form, and the speech he alluded to never did embody the sentiments he attributed to it. He charges that the next thing I advised was that he and others should be hung at Savannah. I desire to state here exactly what I did say; and I am responsible for what I say, for I never get in a condition that I do not know what I do.

In reference to that meeting at my town in Savannah, when the gentleman announced his intention of going there and making a speech, I expressed myself in favor of his coming. I said, "let (he people know it, and publish it; and when he comes, let the people honor him with a hearing." I was not afraid of debate. I knew he and I differed on some important points ; but I wanted him to have a respectable hearing* Unfortunately for him, however, it came out three days before the time which had been announced for his coming, that he would bring with him three hundred Germans from St. Joseph to pass his Union resolutions in Andrew county. Our people objected to this : they were unwilling to be insulted, as they considered that they would be by the Governor's bringing in others to sustain his views; and in consequence of this act a large body of excited men collected together to resent it. I did all I could to calm the excited passions of these men ; and yet I am blamed for what I did. From the first, I had been determined to keep the peace in my county. I was unwilling that a drop of blood should be shed in rny district, if I could help it; but when the Governor came there at the head of three hundred Germans, with martial music and banners flying - having paid their passage on the railroad, as was reported - I thought blood would be shed. I went immediately, along with old citizen-1 of the place, and took the men, in the crow.!, one by one, and told them that we must not interfere with the speeches of the Governor and his friends - let the resolutions be passed, and the meeting quietly adjourn.

The Governor says I went to a church and made a speech ; that was true. The plan was to organize and hold a meeting of States-rights men in the church, and to keep them in doors by making speeches to them, while the Governor was passing his resolutions, and thereby prevent the two crowds from mingling together and shedding blood. The man to whom he refers was authorized to take a position where he could be seen, and proclaim that every man on the States-rights side was desired to go to the church for a few moments ; and while- they were thus being quietly drawn away, I have no doubt but that the Governor thought this was for the purpose of preventing him from making his speech to them. This was a mistake. We had collected these men, and I made a speech to them for the purpose of dispersing the crowd and to prevent the shedding of blood ; but, before we got through, the cry was raised in the church that a German had shot a young man, and in spite of all I could do the crowd rushed into the street. As the crowd advanced to the scene of action they met a young man who had been shot, and it was said his wound was mortal. As one crowd advanced the other retreated most rapidly, and I leave the gentleman to say how they all got away, and what sort of time they made on their retreat - whether in good order, or not. To describe the scene would be dealing in personalities, and I pass it. The greatest excitement prevailed, and it was said that the men who brought the Germans to Savannah were responsible for the murder, and Colonel Bruce was at once surrounded, but with my aid and others he was saved out of great danger, and for my kindness he has done me much harm. Having secured his safety, I then did every thing I could to prevent any further injury ; and this was all that was done. I am sorry this thing was brought before the Convention ; but that is the beginning and the end of it.

I stated no such thing as that the gentleman ought to be hung on that occasion, neither did I advise violence; but, on the contrary, I advised the reverse, and did all I could to prevent any disturbance. And, as I before remarked, whatever I did. I am not ashamed of.

But i-tiil the gen< it-man prefers another charge against me, and it is the unkindest cut of all. It is strange that he could look at my emaciated form to-day, and knowing the cause

. that it is the result of the inhumanity of his Union friends and constituents, with their bayonets, yet allude to the fact that I am or have been a prisoner of war. In these days, there is no telling how hardened men's hearts become - how far old acquaintances can forget old associations, and how hard they can strike at old friendships. JN'ow, if it will be any satisfaction to the gentleman, I desire to admit this: At Jefferson city, I feared the new Governor would multiply the difficulties in the State, and I determined to say what I thought the result would be. I hoped it would be one of peace, as my published speeches show. 1 then believed and said that it would make a battle-field in every prairie in the State. You remember what excitement our action at Jefferson city created. After the Convention adjourned, I made a few remarks to the people of my county in order to quiet their minds, and to help in maintaining peace. Some time after, some of Col. Peabody's command came to my premises at a late hour of the night and knocked at the door. My son opened the door, and two bayonets were thrust at him ; one struck or glanced his breast, and one entered the casing of the door. The men supposed it was me, and they came there for the purpose of my destruction. My wife screamed, and the family were terror-stricken ; and the men

I went down the next morning to Col. Peabody's camp and told him what had occurred. He went with me and saw where the bayonet entered the door, and seemed much mortified, stating that the matter should be investigated and the men punished ; charging that it was done without his knowledge. I said to him that I had heard a rumor that he intended to arrest me for something, I knew not what ; he replied that it was not true, that he had no thought of doing it. I then said to him if he should desire to arrest me for any supposed offence, that I would give myself up immediately if he would notify me and not arrest me before my family ; he said he would do so, but had no idea that I would be interrupted. I told him I only feared such men as those that attempted to kill me, as above stated. When on my way to the Convention, last July, I was informed that I would be arrested in St. Louis. While I was stopping a few days, I requested a member of the Convention - a Union man, now present, to let the military authorities know that I was in the city, as he was going to the Arsenal ; I presumed some villian had made a false affidavit against me, and if I had to be arrested, I wanted to be in the hands of1 United States officers, and I would deliver myself up immediately at any place they might direct. I knew my enemies would spare no ; ains to have me arrested and mistreated if falsehoods would enable them to do so.

About five weeks ago, I stepped out of my door about two o'clock at night, and soon heard the report of a gun at a distance of not more than ten or fifteen feet from me, and it is a providential circumstance I was not killed on the spot. Immediately after the gun was discharged, I found myself surrounded by at last one hundred men, who arrested me. I desired to get my clothing and hat before being taken away, as I was in bad health ; but I was instantly hurried from my house, without my family knowing what had become of me, placed upon a horse and run off a distance of twelve or fifteen miles into Gentry county.

When they had carried me about seven miles, they made a short stop. Here I was informed that a company had been sent back for some purpose to my house. I was at this time in great distress. I lost all concern about my own safety, and neither thought nor cared for any thing but my family. I knew my family would be robbed, and, perhaps, abused, by a band of cut-throats and villains. No one but a husband and father can appreciate my feelings at that moment. It was not long, however, before the robbers returned, boasting of their captured prizes. When I arrived at head quarters, a general shout rent the air, and long and loud yells went up from every quarter of the encampment. I was ordered to dismount at Col. Manlove Crayner's headquarters, who admitted that he had ordered my arrest for making a speech in a rebel camp, (as he said he had heard;) pretended he was sorry that he had ordered the arrest until better advised in the premises. But when I remembered that he was a bitter enemy, and had nursed his wrath for several years, I knew it was revenge, and nothing else. He was not an officer, but had, as he said, 2,000 men, and, as I understood, not one of them in the service of the Federal or State authority. They were generally constituents of the gentleman from Buchanan, and, like him, were trying to find out whether we had a Government or not. Sometime after I arrived at camp, I learned that one of my sons was outside of the lines with some clothing for me, and wanted to come in. Col. Crayner sent for him ; he had not heen in the tent but a few moments until the crowd which had heen standing around me, abusing and threatening, commenced increasing rapidly, and appeared to be very much excited. I learned from them and the Colonel in command that they were discussing the propriety of assassinating both of us. David Crayner, a brother of the Colonel - whose kindness and patriotic spirit I can never cease to remember - made a bold speech in the midst of the mob, denouncing every man as a coward and villain who would attempt to assassinate either of us. Judge Edwards, of Iowa, also addressed the crowd, telling them that if they assassinated either of us, Iowa would withdraw her troops from the State ; that they would not help assassinate men ; that the old man, as he said, no doubt was a great rebel, but he was an unarmed prisoner; that my son was admitted in camp, and no charges made against him ; he came as a son should do, to see his father, and carry the news to his distracted mother.

Judge Edwards concluded by saying that the people of his State would help sustain the Constitution and laws, but would not aid or countenance assassination. A third speech was made by a citizen of Iowa, and the crowd dispersed. Had it not been for these speeches, nothing but the terrible right arm of Providence could have saved us from a cruel death. We were saved as Daniel was in the lions' den. It is worthy of remark that all this time an old white-headed man was cursing me, arid saying it would be down upon his dying pillow to shoot a ball through my heart. It is also proper to state that Judge Edwards' regiment had not arrived, the Judge making his appearance a few moments before making his speech. I will not attempt to describe my feelings during this time - language would fail me. Sad, indeed, were those moments. "My son ! Oh my son ! Would to God I could die and save him." His affection for me had involved him in the difficulty. I saw no chance for his life. My thoughts traveled fast from his present condition to the fatal hour when Union bayonets (as they were called), but a few weeks before, were brought aground his affectionate and lovely wife, in the morning of her life, and, owing to her delicate health, was thrown into convulsions and hurried to an untimely grave, with her infant babe ; and now the husband, by the same agency, to be assassinated ! But let a vail for the present be thrown over these wretched moments and inhuman transactions. Better counsel prevailed, and it was determined to release my son, and dispose of me at a more convenient time. He was taken some four miles from camp by two of his Kansas friends to protect him - (Kansas was his home.) I never felt more pleased at any event 4han when I saw him delivered safely from the mob. I was taken, in a few days, from this county to St. Joseph. For the sake of brevity, I pass over many cirumstances that might he of interest to the gentleman from Buchanan. Suffice it to say, soon after our encampment at St. Joseph, the destroying angels of darkness of that city, with many kindred spirits from Savannah, appeared around my tent, and an organization was formed, consisting of three hundred and ten men. Having entered into a covenant to murder me, they then concluded to cast lots to see who should have the honor of doing the deed. This I was told by Col. Crayner and others in command ; that some approved of the measure, whilst others were opposed to it; some in favor of it outside the organized body of three hundred and ten, and that he wrould prevent it if he could, but feared he might be killed himself if he said much, as he was without legal authority to act, neither himself nor men having been sworn into service. I desire to say, in justice to many persons in the command, that I believe they were opposed to my assassination, and did all they could to prevent it, when it seemed evident that the deed was about being done. At a late hour of the night, that portion of the command that was for saving my life, gathered around my tent, and placed me in the centre of some two hundred men, and marched with me to the Buchanan county jail, a distance of about two miles. This I approved of, believing that as the jail was considered very strong, a mob could not enter it. I was not put in the main prison ; I was taken into what is called the reception room, or outer court. I found quite a number of respectable citizens confined for no offence except that their sympathies were with the South. The jail had no terrors for me.

sassins, as there were but few men guarding the door. I remained here several days expecting every moment to be taken out by the mob. It was well understood that I was left or kept in that position so that I could be taken without breaking the jail. I became satisfied my life was endangered, and the only question was how I could be disposed of without involving the officers who claimed to be in command. I was very sick and was denied medical aid ; part of the time had nothing to eat ; my friends excluded from me, not allowed to see me or send me any thing to eat ; but this was not the fault of the jailor, as he did every thing in his power, or that he was allowed to do for me. During my sojourn in this jail, I was marched to the depot and back four different times, for no better reason than to give the mob or an assassin a good opportunity to take my life, as I then and now firmly believe, a small squad of men guarded me, but could not have protected me from violence if it had been attempted.

I was finally put on the car. My wife, who had been endeavoring to see me for several days here, made her appearance, accompanied by a friend. I was only permitted to speak to her in the presence of officers, and but a few moments at that. This was another hard trial that can not be described. She was informed that I was to be taken to Quincy, Illinois. We were then, instead of Quincy, escorted by a small guard to Atohison, twenty miles down the river. After our arrival opposite Atchison, on the Missouri side of the river, our car was detached from the main train and kept on the bank of the river. As it was well understood Dr. Jennison's jayhawkers were at or near this place, it was expected or intended that this car load of rebels, as we were called, should fall to the tender mercies of these men. While we remained here expecting every moment the arrival of these " Home Guards," it seems there was some uneasiness manifested at St. Joseph in regard to the result of such a course. Contrary to our expectations, and before we were disturbed, an engine was sent from St. Joseph to bring us back. This wicked and malignant transaction was covered by saying it was a mistake. I now saw but little hope for my life. I was aware of the anxiety of my family, and the extreme sorrow and grief of my wife, and I determined to have my condition at once changed. I sent for Col. Crayner and immediately demanded a trial, as I had done from the first, before my most bitter foes, if preferred by them. This was declined upon the ground that he had no authority, having not as yet been sworn into service. I then informed him that I demanded a change of his present course at once - that is, if it was his intention that my life should be taken, to have me shot at once, as death was preferable to such a life, and deliver my remains to my family and end our anxieties and struggles at the same time. This he would not consent to do. I then made another request that he would send me to St. Louis, where I would be placed in the hands of the Federal officers, and could be aided by friends, as I was certain such aid would be allowed by Federal officers or soldiers. I was of course in great distress and anxiety concerning the safety of my family, as they had been driven from home and all that was dear, and now a band of outlaws were quartered on my premises, in one of my buildings, having already destroyed my crop, and were now engaged in destroying my property generally - even searching for my bed clothing, which had been concealed, laying in waste every thing that could not be taken away. My property was, doubtless, a great temptation for men who were too respectable to steal, too proud to beg, and too lazy to work. It was not for committing treason that I had been torn from the bosom of my family ; in addition to malice against me, they wanted to rob my family, and throw them upon friends to be protected and supplied with food, as they have been. This vile gang arrested me, and live and destroy my subsistence. I am ashamed to acknowledge that they are generally citizens of my own county, committing these outrages. But to return to my own case. I was started with eight other prisoners on the train to Hannibal and St. Louis ; I was hurried off without any thing to eat, having tasted nothing from the night before we started until ten o'clock the next night. We were taken to Quincy, Illinois ; arrived there at a late hour, with some thirty armed men, as a body guard. We were marched through the streets, some two or three miles to an encampment near the city, where we were kindly treated by both officers and men; (this was somehing new to us.) I presumed we were brought here for the purpose of sending us to Cairo, where I had no acquaintances or friends, but the Illinoians ordered us to St. Louis- We left next morning. As we passed through Quincy, a crowd followed us, saying, shoot them, hang them, &c., &c. When we arrived at St. Louis, I came very near losing my life by an officer in charge of me, for saying to a stranger on the boat if he saw Col. Howard, a friend of mine, in St. Louis, to tell him I was a prisoner on my way to the Arsenal, very sick, and wanted assistance. I was taken to the Arsenal and there I was treated with every kindness that could be afforded me. Some fifteen clays after my arrest, my son went to Gen. Price's camp and got me exchanged for Col. Marshall - not because I was a prisoner of war, or had been arrested for treason, as the gentleman asserts, but because I had been wrongfully arrested. Gen. Fremont had the kindness to say, at the time of my release, that they had determined to release me, as there was no charge against me. From that time until now, I have been cared for by those who were strangers then, but acquaintances now. I am still in feeble health, and hardly yet able to be here. I thought it my duty, however, to come here, and I did not feel that I was disgraced or a prisoner of war. I did not feel when lying in the cold jail, in the darkness of the night, expecting that my execution would take place at any moment, that I was in any manner disgraced. I was not the only one who was persecuted, for I remember that while I was at St. Jo., ladies came weeping to their husbands, the most respectable citizens of Buchanan county, and told them that these guards of the State had taken the last particle of provision, the last ear of corn, the last horse, and last negro - that every thing had been swept away, and that they were still prowling over the country, taking every thing as they went, even bed clothing, provisions and all; yes, there were some of the best citizens of Missouri in that jail, while their families were being robbed, and crying ; ladies were asking their husbands what they should do. I notify the gentleman that these were his own constituents. My family came to me with the information that after I fiad been taken away, the wretches, not satisfied, had gone back and driven them away from their own homes ; and, not content with that, they had taken, or been in search of, the bedding and clothing, and broken the furniture, so that now my family is dependent upon friends, and this mob has possession of my premises and has consumed every particle of my hard earnings for the last year. I am not allowed to go home, and my life is threatened if I make my appearance there. Is this the mercy that the new Governor is meting out ? Are we to be subjugated thus and not allowed to complain. (Applause in the lobby.)

Mr. HUDGENS. I desire to return my thanks to this body. I did not expect to be able to meet with them. I am frail and have done myself injustice ; but I have no personal revenge. I do not think I shall be here again to participate in the proceedings unless something should arise to make it necessary in the course of the discussion. I am satisfied a majority of this Convention differ with me in opinion, but I believe the people are against them, and it is not my duty to set up a factious opposition to the will of the majority here. I am sorry these matters have been brought up, and that this explanation has been demanded.

After the reading of the journal, Mr. BIRCH rose to a privileged question. He said : As the only reparation it is in my power to make for the unintentional injustice into which, it seems, I was led respecting our late Door-keeper, I ask that a note which I have received from him this morning, be read by our Secretary and entered upon our journal.

"Hon. JAMES H> BIRCH - Dear Sir: In the Republican of the 12th inst., you are reported as having asserted that 'it was notorious that I was now serving in the State army,' meaning, I suppose, the army of Gen. Price of this State. Now, sir, I cannot believe that you would intentionally misrepresent me, but I cannot let the assertion pass unnoticed, as there is not a shadow of foundation for the assertion. I never have been connected, in any form, shape or manner, with any army, and have no idea of ever having any connection with any army. I have all the time remained a peaceable and quiet citizen, and expect to remain so. Please to do me the favor and justice to correct your statement in regard to me, and oblige, Yours, respectfully,

Mr. PIPKIN called attention to the subject of mileage of members. The act organizing the Convention authorized the payment of mileage to members from their homes to Jefferson City; and as the Convention was sitting in St. Louis, he thought some action was necessary.

Mr. WELCH offered a resolution to the effect that the Committee on Accounts be instructed to report in favor of allowing members mileage from their homes to the city of St. Louis. Adopted.

Resolved, That the Governor be authorized to issue State revenue notes to the amount of two million dollars, which said notes shall be accepted at par by all State officers, and in all transactions with the State. They shall be of the denomination of $100, $50,$25, and $10, and shall not bear interest, but shall be received at any time the same as gold, for all revenues of the State ; and those notes which do no not thus come back to the State in payment of taxes, or for other revenue, shall, after three years from the date of their issue, be redeemed in gold on demand, on presentation of the same to the State Treasurer, or such agents as the Governor may appoint for this purpose. And every such revenue note coming back to the Government of the State in the shape of revenue shall be cancelled in some manner, and not be issued a second time. Referred.

Mr. HALL of Buchanan. I think this is a subject upon which we have reflected sufficiently; and as I think it is time for the Convention to agree upon something, I move the previous question.

Mr. WELCH. The question before the Convention involves the propriety of postponing the election, which was directed by us at our last session, for Governor and other offices, in lieu of the provisional officers elected by this body, and I propose, Mr. President, briefly to submit the reasons which will actuate me in the vote which I shall give. The journals of this Convention at its last session will show that I voted for this election to come off in November of the present year, and a sense of duty compels me to state why I shall now vote to undo that action and to postpone that election until the period suggested by the committee in the ordinance submitted by them for our action. I trust, sir, that the reasons which shall govern me in postponing the election, are as valid and satisfactory as

No\v, Mr. President, what are the circum stances by which we are at present surround ed, and which are by many of us deemed suffi cent to justify the modification of our formei action, which is now proposed by the commit tee?

During the regular session of the Legisla ture, which met in December last, in view oi the lamentable condition of public affairs throughout the country, a bill was passed calling a State Convention. That body was to be the peculiar guardian of our Federal relations, and to decide what position Missouri should assume in the fearful crisis, then and now upon us. This body was elected by an overwhelming majority of the people of the State, to pronounce the status which this State should occupy. In obedience to that law of the Legislature they met in Convention, and, after a full and candid deliberation and debate, they pronounced, that, in the opinion of the people of the State, no cause existed for interfering with the then existing relations which subsisted between Missouri and the Federal Government. With this declaration, they adjourned. Shortly after our adjournment, the Legislature was couvened in extraordinary session. The measures of that body were well calculated, if not purposely intended, to destroy the status of Missouri, as just declared by the people of the State in Convention. Gov. Jackson, although in his proclamation of May recognized the action and power of this body, yet by his conduct he did every thing to thwart the will of the people, almost unanimously declared in the Convention. I shall not now stop to recount the various steps in this sad drama. So injurious had this legislation of the extra-legislature proved itself upon the peace and welfare of the State, that this body was called together to take such action as it deemed best to vindicate the sovereignty of the State and to protect its institutions from the dangers which so imminently threatened them. They were called upon, if possible, to assuage the storm which had been, so unjustifiably raised by the Governor and Legislature, and, in the discharge of that duty, this Convention deposed the Governor, Legislature, and other officers, and filled the vacancies thus created, except the Legislature, by provisional appointees. They also repealed those acts of the Legislature which were calculated or intended to bring Missouri into a fearful conflict with the authorities of the Federal Government. Thus it was that the people witnessed two antagonistic legislative bodies. The Convention, on the one hand, trying to preserve the peace of the State, by preserving her relations with the Federal Government ; the Legis- Uture, on the other hand, trying to involve Missouri in the fearful civil war then raging in the land, by its efforts to sever the relations which we held to the General Government. This was the aspect of public affairs at that time. The voice of the people was presumed to be expressed by the Convention, for that body was called into existence on these very questions. The Convention, however, in this unfortunate conflict of legal authority, determined to appeal to the only tribunal recognized in this land to decide these momentous issues for themselves. They accordingly with great unanimity adopted an ordinance providing for the submission of their action to a vote of the people, to be held on the first Monday in November. By the terms of that ordinance the people had the right to pass upon our action and approve or condemn it. This was fair and right, besides being in harmony with the genius of our republican government. Here was an opportunity given to decide these issues peacefully ; for if the people should disapprove the action of the Convention, then Governor Jackson became restored to his office and every thing would have been settled, without that utter ruin of all our material interests now visible on every hand, and without those awful scenes of horror which invariably attend a civil war. Upon the verdict of the people this Convention would have stood, and its voice they would have doubtless obeyed. Surely no objection could have been urged to such a settlement of our disputes and difficulties. But such a settlement, to be satisfactory, must be submitted to by all. We have, however, conclusive proof, that Gov. Jackson and those who are engaged with him in precipitating Missouri headlong out of the Union, were determined that these important questions should not be decided by an appeal to the people at the balot-box, and if satisfactory evidence can be produced of this fact, of course it would be worse ;han useless ; it would even be criminal, to incur the dangers and hazard of innumerable tragedies at the polls, which would be certain ;o occur, if the decision, when given, was not o be obeyed.

his remarks the other day, alluded to a proclamation issued by Col. J. T. Hughes, a Col. in the army of Gov. Jackson, in which he declares that the election ordered by this Convention shall not be held, and in which threats of assassination are made against the voters of the State who should dare to exercise the right of suffrage on that occasion. Some geptlemen on this floor have alluded to that statement and have argued that Col. Hughes spoke without authority, and that Governor Jackson should not be held bound by the threats thus made, or responsible for the proclamation issued by this blood-thirsty military gentleman. I never was disposed to attach much importance to anything which might emanate from Col. John T. Hughes, neither do I presume that any one, who is at all acquainted with him, would be inclined to do so. In this instance, however, I must think that considerable importance should be attached to this proclamation, threatening vengeance on the people of the State who would dare to vote at the time designated by this Convention for the election. Evidence, however, of the highest degree is not wanting, to show that such is no idle or unmeaning threat, and I, for one, am willing to throw aside the testimony furnished in this proclamation of Col. Hughes, and appeal to the highest authority to prove the fact that Gov. Jackson and his adherents are not willing to settle these difficulties peaceably, but are persistently determined to settle them in another manner. This decision must be mad9 at the sacrifice of all our best interests, to say nothing of the vast number of valuable lives that must be destroyed in the dreadful war to which Gov. Jackson has appealed. If the authority of Col. Hughes is to be questioned, let us for a moment appeal to Gov. Jackson himself, and out of his own mouth will we gather the evidence, that he is unwilling to let the people decide their differences peaceably at the ballot-box ; but that he will destroy every interest of the State, rather than submit to any other decision than such as shall result from the issue of war.

On the 5th day of August last, Gov. Jackson published at New Madrid, what he terms a " Declaration of Independence of the State of Missouri," in which occurs this passage :

" The acts of President Lincoln have been indorsed by the Congress and people of the Northern States, and the war thus commenced by him has been made the act of the Government and nation over which he rules. They have not only adopted this war, but they have gone to the extreme of inciting portions of our people to revolt against the State authorities; by intimidations they have obtained control of the remnant left of a Convention deriving its powers from those authorities, and using it as a tool, they have, through it, set up an insurrectionary government in open rebellion against the State. No alternative is left us ; we must draw the sword and defend our sacred rights."

Here we find the emphatic declaration of the " Commander-in-Chief" of the Confederate forces in the State, that this question is to be decided only by the sword. It is said, "no other alternative is left us." This declaration, Mr. President, was made with full knowledge on the part of Gov. Jackson, that this Convention had provided for an election by the people, to decide the fearful issues now pending in this State. Gov. Jackson refers, in the proclamation alluded to, to the proceedings of this body, and professes to obtain the justification of his conduct by the official action of this Convention. He knew that we proposed to submit our whole action to a vote of the people ; he knew that we proposed to settle our difficulties peaceably by an appeal to the ballot-box, and yet, possessing this knowledge, he openly declares that he makes no appeal to the people and will not submit to their will in the premises ; but, on the contrary, declares that " no other alternative is left us ; we must draw the sword and defend our sacred rights." Here is enunciated the hateful doctrine of coercion. He refuses to let the people act like freemen in casting their suffrages, but the sword is invoked to decide the issue. Gov. Jackson, who is the Commander-in-Chief of one of the opposing armies in the State, having thus refused to abide the issue of any other tribunal than the sword; having declared his determination not to submit to the verdict of the people at the polls, it follows, that it- would be folly and worse than folly - it would be criminal, to hazard the turmoils of an election, when it will not be submitted to'. It is very questionable whether an election could be held at the time heretofore designated by the Convention, without there occurring disturbances and murders at very many of the election precincts in the State, and to incur this responsibility, when the election is submitted to, is what in my judgment this Convention should not do. I would have been highly gratified if these questions could have been decided peaceably at the polls ; to that derision I should have submitted, and I think all other good citizens would have been willing to do so. It is in view of these circumstances, that I am induced to vote for the postponement of this election to the time indicated in the ordinance reported by the committee, and now under investigation.

But there is another portion of the extract from Governor Jackson's " Declaration of Independence" concerning which I desire to make a remark or two, and to which I would direct the especial attention of this body. These remarks are intended to show the utter groundlessness of the reasons given by Governor Jackson for issuing his remarkable declaration.

It will, of course, be remembered that this body was convened by the Legislature to consider and pass upon the federal relations of the State, with full authority to authoritatively pronounce the legal status of the State. All parties so regarded it, and in corroboration of this remark, I would direct your attention for a moment to the proclamation of Governor Jackson, published by him on the 12th day of June, 1861, in which he calls for fifty thousand volunteers. This proclamation was issued after this Convention had met and declared that there existed no sufficient cause to impel Missouri to dissolve her connection with the Federal Government, and of that resolution Governor Ja.ckson was informed.

In that proclamation Governor Jackson says, that "in issuing this proclamation, I hold it to be my solemn duty to remind you that Missouri is still one of the United States; that the Executive department does not arrogate to

That That Power Has Been Wisely Vested

IN A CONVENTION, which will, AT THE PROPER TIME, express your sovereign will; and that meanwhile (that is, until the Convention shall declare your sovereign will) it is your duty to obey all the constitutional requirements of the Federal Government."

Here it will be seen, Mr. President, that Governor Jackson expressly repudiates the idea that he has any authority to " disturb the relation" which Missouri holds to the Federal Government, and declares, boldly, that to do so would be to "arrogate to himself" powers which the people had " wisely vested in a Convention ;" and yet we find that Governor Jackson, in the short period of less than two months after this, in his memorable " Declaration of Independence," proclaims Missouri to be "a free and independent State." Thus by the fiat of a single will, we find that certain important powers, which the people had "wisely vested in a Convention," have been arbitrarily assumed, and the tie that bound Missouri and her citizens to the Federal Government is rudely sundered, and that by his edict, not only himself, but all other State officials, who had taken a solemn oath "to support the Constitution of the United States," are to be forever released from its further obligation. I charge that to do this is to arrogate to the Executive the power to disturb the relation which subsists between Missouri and the Federal Government, and, to prove that it is an arrogation of power, I refer to the extract from Governor Jackson's proclamation, which I read a few moments since. But I must do Governor Jackson the justice to say that he assumes this power because, first, the General Government, "by intimidations, has obtained control of the remnant left of a Convention deriving its authorities from the peo. pie of the State," and, secondly, by virtue 01 an act of the Legislature, passed on the 10th day of May, 1861, entitled " An act to authorize the Governor of the State of Missouri to suppress rebellion and repel invasion." These are two grounds upon which, in his " Declaration of Independence," he justifies his bold assumption of power to declare Missouri a free and independent State. I shall speak of this second ground of power and justification ; first, to-wit, the power which he professes to derive from the provisions of the act of the Legislature to which Governor Jackson alludes.

State Of Missouri To Suppress Rebellion And Repel Invasion

"WHEREAS, information has been received that the city of St. Louis has been invaded by the citizens of other States, and a portion of the people of said city are in a state of rebellion against the laws of the State, whereby the lives and property of the good people of the State are endangered ; therefore, " Be it enacted by the General Assembly of the State of Missouri as follows :

Now, strange as it may appear, this is the law under which Governor Jackson derives his pretended authority to declare Missouri out of the Union.

That I do not do Governor Jackson injustice in making this charge, I quote the following from the " Declaration of Independence," which he published at New Madrid in August last :

" The General Assembly of Missouri, the recognized political department of her Government, by an act approved May 10, 1861, entitled ' An act to authorize the Governor of the State of Missouri to suppress rebellion and repel invasion,' has vested in the Governor, in respect to the rebellion and invasion now carried on in Missouri by the Government and people of the Northern States and their allies, the authority 'to take such measure as in his judgment he may deem necessary or proper to repel such invasion or put down such rebellion.'

" Now, therefore, by virtue of the authority in me vested by said act, I, Claiborne F. Jackson, Governor of the State of Missouri, appealing to the Supreme Judge of the world for the rectitude of my intentions, and firmly believing that I am herein carrying into effect the will of the people of Missouri, do hereby in their name, by their authority, and on their behalf, and subject at all times to their free and unbiased control, make and publish this provisional Declaration, that by the acts and people and Government of the United States of America, the political connection heretofore existing between said States and the people and government of Missouri is, and ought to be, totally dissolved ; and that the State of Missouri, as a sovereign, free and independent Republic, has full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do.

Claiborne F. Jackson

" Published and declared at New Madrid, Missouri, the fifth day of August, in the year of our Lord eighteen hundred and sixty-one. CLAIBORNE F. JACKSON,

Now, Mr. President, I would observe that if the act alluded to by Governor Jackson in his Declaration of Independence, the whole of which I have quoted, does give te the

Governor the power which he claims, then the act must be unconstitutional and therefore void, for the Legislature has no such power. Having no constitutional power themselves to declare Missouri to be " a free and independent State," they surely could not delegate such a power to the Governor and leave it to the discretion of one man to declare the destinies of this great State. I repeat it, that if this act bears the construction which Governor Jackson places upon it, it is unconstitutional and void, and confers no power at all. This Convention was called for the very purpose of passing upon this great question, and called by the Legislature for the very reason that they had no power to pass upon them ; for so long as Missouri remained in the Union, they could only act in subordination to both the Constitution of the United States and of this State. But the act does not and can not bear the construction which Gov. Jackson places upon it. The act alluded to is a local act. It refers to a rebellion " in the city of St. Louis," and declares that " a portion" of the people of that city are rebellious, and then authorizes the Governor to. "take such measures as in his judgment he may deem necessary or proper to repel such invasion and put down such rebellion." Now, it would occur to the mind of every candid gentleman, that, under the provisions of an act to suppress rebellion " in the city of St. Louis," the Governor could hardly have power to declare the whole State out of the Union, and yet he has done so. The truth is, that the act of the General Assembly under which Gov. Jackson professes to act, does not convey the slightest allusion to the right or power which he claims, and, by the express terms of the act itself, it is merely a local statute, applicable only to the suppression of a supposed rebellion in the city of St. Louis. It must not be forgotten, however, Mr. President, that this act was passed on the lO^A day of May, 1861, and that although it was in force (as a matter of course) on the 12th day of June, 1861, the day on which Gov. Jackson issued his call for fifty thousand men, yet that official, in that call, uses the language I have heretofore quoted, to wit: "that Missouri is still one of the United States ; that the Executive Department of the State Government does not arrogate to itself the power to disturb that relation; that THE POWER

HAS BEEN WISELY VESTED IN A CONVENTION," &c. Now, if the power to disturb the re. lations which subsisted between the people of Missouri and the Federal Government was

; at the same time in a mere Legislative :i)bly ; and if it could, that Legislative Assembly could not delegate that power to the Executive, to be used at his discretion. The fact that this law Avas in force when Gov. Jackson admitted the power was in the Convention, proves that he himself did not regard the act uveying the power in question to him; or, if he did regard the act as granting the1 power, then he becomes guilty of a deliberate falsehood and deception in repudiating the power for himself and acknowledging that it belonged to the Convention. The true solution of this matter I apprehend to be about this, that so long as (iov. Jackson had hopes that he could coerce the Convention into the passage of an ordinance of secession, he was ready and willing to acknowledge that the power was in that body ; but when he found that the Convention would not endanger the peace and institutions of the S'ate by a resort to that species of legislation, and he therefore had been thus far defeated in his attempt to force Missouri from the Union, he then sought some other means to accomplish that purpose, and, as a mere afterthought, he resorts to the act of the General iiibly to which I have referred. But I really think that Cov. Jackson was sadly unfortunate in app- alii,g to a local statute, authorizing the suppression of riots and insurrection in a single city in the State, for his authority to sever the relations which had subsisted Between the people of Missouri and the Federal Government for more than forty years, and that without any vote of the people to authorize or sustain him. I think I have shown successfully, Mr. President, that Gov. Jackson could derive no authority from the act of the Legislature in question for his " declaration of independence."

mi of the original body, and that therefore it was not entitled to exercise the authority which he himself had before admitted to posits authority, therefore, was not to be respected. To any one at all acquainted with deliberative assemblies, this assumption will only be regarded with contempt. The only question is, was t/c re <i quorum present to do business? If there was a quorum, then all their acts, within the scope of their authority, are valid and binding. Now, what are the facts in this regard? This Convention is composed, when full, of ninety-nine members, or three members for each member of the State Senate. The official records of the Convention, at its ion at Jcflcrson city of which Gov. .Jackson complains, shows that there were s, r< --jiiy-onr members present. Fifty constitutes a quorum to transact business, that being a majority of all the members elected ; so that it will be seen that there was largely over a quorum. An additional fact worthy of serious consideration in connection with this subject is this - that if every member of the Convention had been present, it co tiki not hare altered the final action of the Convention at its wssion in Jefferson city, from the fact that every measure which received the sanction of the Convention iros passed by more than a majority of the whole body. The presence, then, of all the members not having the effect to change the action of the Convention, it follows that their absence can make no difference, and no valid argument can be drawn from it. But, on this point, a little examination into the proceedings of the Legislature which passed the act " to authorize the Governor of the State of Missouri to suppress rebellion and repel invasion/' and under which he professes to derive such supreme powers, is liable to the same objection which he urges against the authority of this body, and will furnish a beautiful illustration of the ancient adagn, " that they who live in glass houses should not throw stones." Now, what arc the facts in connection with the act under which he assumes to act? You will find by reference to pages 54 and 56 of the House Journal of the late called session of the Legislature, that at half-past eleven o'clock on the night of the 10th day of May, that body was convened in what that Journal designates as an "extraordinary session." This session Avas a secret one, and it Avas thus at the dead hour of midnight that the law in question was. passed. The House Journal shows who and hoAv many were present on that occasion. The House Journal shows that there were SIXTY-SKVENT members present. A full House is composed of one hundred and thirty members, and sixty-six (or a bare majority ) constitutes a quorum for the transaction of business ; so that AVG find that at the time of the passage of the bill through the House, under which Governor Jackson assumes to derive his authority, there was only one more than a quorum present. Now, Avith what grace does Gov. Jackson denominate this Convention, at its late session at Jefferson city, a "mere remnant" of the original body, when AVC had nearly three-fourths of the whole Convention present, Avhile the House which passed his law had only 67 present out of 130? Truly, his law is the offspring of a "mere remnant" of the Legislature. A fair comparison of these records will not give Gov. Jackson any credit for his charges against us ; and if the action of our Convention was not entitled to respect and obedience by reason of our being a "mere remnant" of the original organization, what respect and obedience is his Declaration of Independence entitled to, issued by virtue of the authority of an act passed by the merest remnant of a Legislature, in secret caucus, at the dead hour of midnight? Surely he gains nothing over us on this point.

I shall dismiss this subject, Mr. President, with the remark that the legal status of Missouri was declared by this Convention at its first session, when every delegate was present in his seat, and with but one dissenting voice ; and that Convention in which Gov. Jackson frankly admits the power to.disturb our Federal relations " has been wisely vested, "has not, by any official declaration and ratification by the people of Missouri, changed that status. This status Gov. Jackson promised, in his proclamation for 50,000 troops, he would not arrogate to himself to disturb ; but whether he has not grossly violated that pledge, the people of Missouri can determine. I have thus given the reasons which will control me in the vote which I shall give on the proposition now pending, to postpone the proposed electiou until the first Monday in August next.

Mr. HALL of Buchanan. As the gentleman ^frora Iron lias occupied so little of the attention of the Convention, I will withdraw my motion for the previous question, if he will agree to renew it at the close of his remarks.