St. Louis City (part 1 of 11)

Missouri State Contention

The Convention convened in the Mercantile Library Hall at 11 o'clock A. M., in pursuance of the following Proclamation by his Excellency, Hamilton R. Gamble, Governor of the State of Missouri :

(e The exigencies of the State require in my judgment the re-assembling of the State Convention ; Therefore, I, Hamilton R. Gamble, Governor of the State of Missouri, by virtue of the power vested in me by the Convention, do hereby call the Convention of the State to assemble at the Mercantile Library Hall in the city of St. Louis, on the 10th day of October next, to adopt such measures as the welfare of the State may require.

Messrs. Breckinridge,Broadhead, Bridge, Bush, Douglass, Gravelly, Hall of Buchan-x an, Hendricks, Hitchcock, Holmes, How, Howell, Hudgens, Isbell, Jackson, Johnson, Leeper, Linton, Long, Marvin, Mc- Cormack, McDowell, Meyer, Orr, Phillips, Pipkin, Pomeroy, Rowland, Shackelford of St. Louis, Smith of L., Smith of St. Louis, Turner, Welch, Woolfolk, and Zimmerman.

Evening Session

The roll was called, when the following additional members answered to their names, viz : Messrs. Eitzen, Sayre, Stewart, Tindall, and Wright.

Second

Hie PMSIDXXT laid before the Convention the following communication from the JrmfcJEJrtOT. Trkich va« read, and on motion of Mr. Birch, was laid on the table and 200 copies ordered to be printed for the use of the Convention.

In the exercise of the power which you hare conferred upon me, I have called the body to assemble at this time, to consider and adopt such measures as the welfare of ike State may require.

tion, yet Acre seem* to be a propriety in - my stating the reasons for calling yow toby «e that, breadth of the State, there is now existing a orH war that threatens the destruction of all government, and strikes at the very foundations of society. Yon are acquainted already with the situation of afiurs in our State.

Tke obligations which rest upon the chief executive to preserve order and peace in r, to enforce the*laws, and to by force, all combinations against :_7 .v.. : . : ^:: sures for the organization of the military power of the State should be adopted than now exist. The act of 1859, which you revived at your last session, and made the law for the organization of volunteer forces, is found, upon trial, to be a most inefficient law in the present times, which require promptitude and energy.

It is therefore assigned as one of the principal reasons for calling the Convention, that you should adopt a military law more simple and more efficient than that

You are aware further, that the treasury of the State is empty. The Treasurer reported to me on the 21th of September last, that there was in the treasury $21,422.73, which was subject to a deduction for coupons paid by the Bank of the State on the old debt, the amount of which coupons he had not ascertained. The whole of the sum thus reported in the treasury is, in all probability, already absorbed by the payment of the salaries of civil officers. At this time the Sheriffs in very many of the counties are resigning their offices, in order to avoid the duty of collecting die taxes, which is supposed to be impracticable.

Under these circumstances, it is apparently impossible to provide means by existing laws for the payment of the ordinary expenses of the government, and it is manifestly impossible to provide, by any system of taxation, for the extraordinary expenses of a military force.

That you might devise some scheme for raising the money, which is indispensably necessary to support troops, and to defray ordinary expenses, was another reason for calling yon together.

Beyond these two reasons for the call, it is believed by many, and the opinion has been expressed to me, that the election for State officers, ordered at your last to take place on the first Monday of November next, cannot be held, so as to obtain a fair expression of the public will. In the disturbed condition of the State, with many citizens absent from the State, with excitement existing throughout our whole limits, so that in some districts citizens entertaining one set of opinions would not be permitted to vote, while, in other sections, those holding opposite opinions would be denied the right of suffrage, it is obviously impossible to have a fair vote taken.

As I concur in the opinion thus expressed, this question of postponing the election is submitted to your consideration, without any reasoning on my part, in favor of the postponement.

I: is proper forme, while calling your attention to this subject of the election, to remind you, that when I was chosen to fill my present position of Provisional Governor, I was chosen to exercise the executive functions until the first Monday of November ; yet as the words of the ordinance are, " and until his successor shall be duly elected, and qualified," the effect of a postponement of the election will be to continue me in office for a longer period than was contemplated by the Convention when I was chosen, or by me when I accepted the office. It is proper, therefore, that you should, at this time, select a person to discharge the executive duties during the prolonged period that will elapse before an election can be held. In making such selection, you will remember, that you have the whole State from which to make the choice, without confining yourselves to the members of the Convention. It is not necessary that I remind you, that the only basis of a safe choice is the good of the people, without regard to personal predilections, or party relations. The motto on our State arms, " Solus populi suprema lex es/o," furnished a safe guide in all our public action.

There are other matters upon which there is a desire among the people that you should act, but which, as they have no connection with the duties of the office I hold, and as they partake of tue character of ordinary legislation, I forbear to mention in this communication.

H. E. Gamble

Resolved. That the Governor's Message be referred to the Committee of Eight, appointed at the last session of this Convention, with instructions to report such measures for the action of the Convention as they may think proper.

Of Elections, to consist of five members. Of Revenue, to consist of five members. Messrs. Wannoth, doorkeeper, and Alexander, assistant sergeant-at-arms, came forward and were sworn into their respective offices by the Hon. S. M. Breckinridge, Judge of the St. Louis Circuit Court.

Eyxsixg Session

First. The Auditor of the State is hereby directed and required not to allow, and the Treasurer of the State is hereby directed and required not to pay, from and after the passage of these resolutions, the salaries allowed by existing laws of this State to the following named officers and agents, except as hereinafter provided, to wit :

Second. Be it further Resolved, That the suspension of the salaries, designated and provided for in the foregoing resolution, shall continue until the duties of the said several offices shall have been fully resumed, and until payment thereof shall be directed by the Provisional Governor appointed by this Convention, or his successor, duly elected by the qualified voters of this State, and such payment shall be from the time so designated and not before.

Third. Be it further Resolved) That the Secretary of this Convention furnish to the State Auditor and Treasurer each with a duly certified copy of these resolutions.

Resolved, That the Committee on Elections report an ordinance postponing the election for Governor, Lieutenant- Governor, Secretary of State, and Members of the General Assembly, until the first Monday in August, 1862.

Resolved, That the Committee on Elections be instructed to report a bill requiring all voters to take an oath to support the Constitution of the United States and of the State of Missouri.

Resolved, That the Committee on Ways and Means be instructed to consider the expediency of action by the Convention for the purpose of confiscating the property of all persons, citizens or residents of this State, who shall, at the expiration of a reasonable time, be found employed in aiding or abetting the rebellion now on foot within its borders, and for the application of the property so confiscated ; first, to the reimbursement of loyal citizens of this State for losses sustained by them in supporting the National and State Governments ; and, secondly, to the use of the State. And that they report by ordinance or otherwise.

Mr. HOWELL moved to reject the resolution, and upon his motion called the ayes and noes, which motion was decided in the negative by the following vote :

AYES - Messrs. Allen, Birch, Bridge, Hall of R., Howell, Hudgens, Jamison, Long, Marvin, McFerran, Phillips, Pipkin, Pomeroy, Rowland, Sayre, Shackelford of St. Louis, Welch, Woolfolk, Wright, Vanbuskirk, Zimmerman, and Mr. President - 22.

NOES - Messrs. Breckinridge, Broadhead, Bush, Douglass, Eitzen, Gantt, Gravelly, Hall of B., Henderson, Hendricks, Hitchcock, Holmes, How, Irwin, Isbell, Jackson, Johnson, Leeper, Linton, Maupin, Mc- Dowell, Meyer, Orr, Smith of L., Smith of St. L., Stewart, Tindall, and Turner - 28.

Resolved, That the Clergymen of this city, who are loyal to the Government of the United States, be requested to attend the meetings of this Convention, and open the same with prayer.

Strike out all after the word "Resolved," and insert, "That the present and prospective condition of the country demand the postponement of our election ; the abrogation of all useless offices ; the reduction of all official salaries; the postponement of all coercive measures for the collection of debts and taxes; that the sword of the State be strengthened through the credit of the State and that the fidelity and loyalty of all its officers be secured by the most unquestionable guarantees.

Resolved, That so much of the Governor's Message as relates to military affairs and the army be referred to the Committee of the Militia ; that so much of the Governor's Message as refers to the finances of the State be referred to the Committee of Ways and Means ; that so much of the Governor's message as relates to the election of State officers be referred to the Committee of Elections.

Third Da

Mr. HENDRICKS, from the Committee on Elections, made the following report, which was read, and, upon motion, was laid on the table, and two hundred copies ordered to be printed.

An Ordinance Providing Tor Changing The Time Op Holding Certain Elections

WHEREAS this Convention did, during its sessions at Jefferson city, on the 30th day of July, A. D. 1861, adopt "An ordinance providing for the election of certain State officers," and also "An ordinance providing for submitting its action to the people of the State of Missouri, and appointing a time therefor";

AND WHEREAS it is manifest, that, by reason of the disturbed condition of the State, it will be impossible at the time so appointed to elicit a fair expression of the popular will : Therefore, on the 30th day of July, A. D. 1861,) as provides for the election of a Governor, Lieutenant Governor, Secretary of State, and Members of the General Assembly, on the first Monday of November, A. D. 1861," and so much of an ordinance entitled "An ordinance for submitting the action of this Convention to a vote of the people of Missouri, (adopted on the same day,) as provides for submitting the action of this Convention to a vote of the people on the first Monday of November, A. D. 1861," be and the same are hereby so modified, that said elections shall not be held on the day therein named, but instead thereof shall be held on the first Monday of August, A. D. 1862.

Second. Said elections shall in all other respects be held, and the returns thereof made, as provided in the ordinances heretofore adopted by this Convention.

Third. The Governor, Lieutenant Governor, and Secretary of State, heretofore appointed by this Convention, shall discharge the duties and exercise the powers which pertain to their respective offices, and continue in office until the first Monday of August, A. D. 1862, and until their successors are duly elected and qualified, or until the qualified voters of the State shall disapprove the action of this Convention.

After considering the amendment of Mr. Birch to the resolution offered by Mr. Phillips, on motion of Mr. GANTT, the Convention adjourned until 3 o'clock p. M.

Act Of The General Assembly Of The State

AN ORDINANCE CONCERNING THE REPEAL OF AN ACT OF THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, ENTITLED "AN ACT TO ESTABLISH A UNIFORM SYSTEM OF PUBLISHING NOTICES OF JUDICIAL SALES AND OTHER LEGAL NOTICES IN ST. LOUIS COUNTY, STATE OF MISSOURI."

Be it ordained by the People of Missouri in Convention assembled, as follows : An act of the General Assembly of the State of Missouri, approved March 5th, 1861, entitled "An act to establish a uniform system of publishing notices of judicial sales and other legal notices in St. Louis county, State of Missouri,'5 is hereby repealed, and declared of no validity whatever.

On motion of Mr. HITCHCOCK, the resolution offered by Mr. Phillips and the amendment offered by Mr. Birch were referred to the appropriate committee.

Fourth

Resolved, That all Courts in the State of Missouri who refuse to discharge their duties shall receive no pay during the absence of such courts, and that the limitation act shall cease during the absence of such courts; and that creditors on judgments, executions, bonds, notes, and* accounts, shall be entitled to the rate of interest agreed upon by creditors and debtors, not exceeding ten per cent., during the absence of said courts. And when there is no agreement between creditor and debtor respecting interest, all demands, including accounts, shall draw six per cent, per annum.

Amend by inserting after the word " elections," occurring in the first line of the second section, the following words: "and all other elections held previous thereto."

Strike out section one, and insert the following : " 1. That so much of an ordinance entitled 4An ordinance providing for certain amendments to the Constitution, (adopted on the 30th day of July, 1861,) as provides for the election of Governor, Lieutenant Governor, Secretary of State, and Members of the General Assembly, on the first Monday of November, 1861,' be and the same is so modified that said elections shall not be held on the day therein named, but instead thereof shall be held on the first Monday of August, eighteen hundred and sixty-two ; and the ordinance entitled ' An ordinance submitting the action of this Convention to a vote of the people of

The hour of meeting of the Convention having arrived, and the President and Vice President being absent, the Convention was called to order by the Lieutenant Governor of the State, Mr. Hall of B.

Mr. McFERRAN, from the Committee on Civil Officers, made the following report, and on his motion laid on the table, and 200 copies ordered to be printed.

"The Committee on Civil Officers beg leave to report the following ordinance for the action of the Convention, and recommend the passage thereof.

In This State

First. That the Board of Public Works be and is hereby abolished, and the offices and pay of the members of said Board shall cease and determine from and after the passage of this ordinance.

Second. That the office of State Superintendent of Common Schools be and is hereby abolished, and the pay of said officer shall cease and determine from and after the passage of this ordinance, and the duties pertaining to said office shall be discharged by the Secretary of State.

Third. The offices of County School Commissioner be and is hereby abolished in all the counties of this State, and the pay of said officers shall cease and determine from and after the passage of this ordinance; and the Clerks of the respective County Courts shall discharge all the duties of

Fourth. That the offices of State Geologist and Assistant State Geologist be and are hereby abolished, and the pay of said officers shall cease and determine from and after the passage of this ordinance.

Fifth. That the salaries of all civil officers in this State be and are hereby reduced 20 per cent, during the year ending 30th September, 1862; and said per centage shall be deducted from the amount of said salaries, and withheld from said officers from and after the passage of this ordinance, until the said thirtieth day of September, A. D. 1862.

Sixth. That each civil officer in this State shall, within forty days after the passage of this ordinance, take and subscribe an oath to support the Constitution of the United States and this State ; that he will not take up arms against the Government of the United States, nor the Provisional Government of this State, nor give aid or comfort to the enemies of either during the present civil war ; that said oath, duly subscribed and sworn to, shall, within the forty days aforesaid, be filed by county officers in the Clerk's office of their respective counties ; and all other officers shall, within the time aforesaid, file said oath, sworn to and subscribed as aforesaid, in the office of the Secretary of State. And the offices of all persons failing to file said oath, as herein provided, are hereby declared vacant; and the Secretary of State and respective County Clerks shall, immediately after the expiration of the forty days aforesaid, certify, under the seal of their respective offices, any vacancy that may exist under the operations of this ordinance, to the proper authorities under existing laws, and such authorities shall fill said offices by appointment for the residue of the term. And any civil officer who shall falsely take said oath, or wilfully violate the same, shall be deemed and adjudged guilty of perjury, and punished accordingly.

Mr. WELCH moved that the Committee on Accounts be instructed to audit and allow the mileage prescribed by law to members of the Convention from their respective places of residence to the city of St. Louis, by the route designated by law, the Convention having been called by the Governor to meet in said city.

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 by the State. They shall be of the denominations of $100, $50, $25, and $10, and shall not bear interest, but they shall be received at any time the same as gold for all revenues of the State ; and those notes which do not thus come back to the State in payment of taxes or for other revenues, shall, after three years from the date of their issue, be redeemed in gold on demand, on presentation of the same to the State Treasurer, or such agents as the Governor may appoint for this purpose. Any and every such revenue note coming back to the Government of the State in the shape of some revenue, shall be cancelled in some manner, and not be issued a second time.

Mr. HENDRICKS, from the Committee on Elections, to whom was recommitted the report of said committee, together with the amendment offered by Mr. McFerran, reported the same back as originally amended by the Convention, and recommended

Fifth Da

The amendment of Mr. MCFERRAN was disagreed to and the majority report agreed to, and the ordinance adopted by the following vote, the ayes and noes being called for by Mr. Sayre :

Mr. BRECKINRIDGE presented a petition from the Presidents of the Railroads of this State, praying for the repeal of an act passed by the last General Assembly, entitled " An Act in relation to the transportation of freight and passengers on the several railroads in this State ;" which was referred to the Committee of Ways and Means.

Mr. WRIGHT asked and obtained leave to record his vote in the negative upon the adoption of the "ordinance providing a change of the time of holding certain elections."

Mr. MCFERRAN offered the following amendment to the "ordinance providing for abolishing certain offices, reducing the salaries, and testing the loyalty of civil officers in this State :"

" Seventh. The respective county court clerks in this State shall take and subscribe the oath provided in this ordinance, and file the same in the office of the Secretary of State within the forty days aforesaid ; and if any county court clerk shall fail to file said oath, duly subscribed and sworn to as aforesaid, his office is hereby declared vacant, and such vacancy shall be filled by the authorities under existing laws ; and in such case, the other county officers of such county shall comply with the requirements of this ordinance within twenty days after said vacancy shall be filled under the provisions of this ordinance."

Sixth. That the offices of the Judges of the Supreme Court, Judges of the Circuit Courts, Probate Judges, sheriffs and clerks, and the clerks of the several courts of record of this State, and Recorders of Deeds,

Register of Lands, Auditor of Public Accounts, State Treasurer, and Attorney General, be and the same are hereby declared vacant ; and the Governor of the State is hereby authorized to fill the vacancies so created in the offices of the Judges of the Supreme Court, Judges of the Circuit and Probate Courts, Register of Lands, Auditor of Public Accounts, State Treasurer, and Attorney General, by appointment of suitable persons to such offices.

Seventh. The Judges of the Supreme Court thus appointed shall have power to appoint a clerk for said court, and the Judges of the Circuit Courts shall have power to appoint clerks for their respective courts, recorders of deeds, and sheriffs of the counties within their respective circuits.

Eighth. The officers to be appointed by the provisions of this ordinance shall hold their respective offices until the expiration of the period for which the present incumbents of said offices have been elected, and until their successors are elected and qualified.

Ninth. The present incumbents of all other civil offices in the State, except the Governor, Lieutenant Governor and Secretary of State, shall within sixty days from the passage of this ordinance take and subscribe, and file in the office of the clerk of the courts of the respective counties in which said incumbents reside, an affidavit to support the Constitution of the United States and of this State ; that he will not take up arms against the Government of the United States, nor the provisional government of this State, nor give aid or comfort to the enemies of either, and that he will maintain and support the provisional government established by the State Convention of Missouri. And the offices of all persons failing to file said oath as herein provided, are hereby declared vacant ; and upon the certificate of the clerks of the circuit court of the respective counties where such offices may exist, to the effect that persons have failed to file such affidavits, the Governor of the State shall proceed to fill such vacancies by appointment.

Mr. WRIGHT moved to lay the amendments and ordinance on the table, and to print 200 copies of the amendment for the use of the Convention, and to make it the special order for to-morrow morning at 10 o'clock ; which motion was decided in the negative by the following vote - the ayes and noes called for by Mr. Wright :

NOES - Messrs. Allen, Birch, Bogy, Breckinridge, Broadhead, Bridge, Bush, Eitzen, Gantt, Gravelly, Hall of B., Hall of R., Henderson, Hendricks, Hitchcock, Holmes, How, Irwin, Isbell, Jackson, Johnson, Leeper, Linton, Long, Marvin, Maupin, McCormack, McDowell, McFerran, Meyer, Noell, Orr, Phillips, Pomeroy, Rowland, Shackelford of St. Louis, Smith of L., Smith of St. Louis, Stewart, Tindall, Turner, Woolfolk, Zimmerman, and Mr. President - 44.

NOES - Messrs. Allen, Birch, Bogy, Breckinridge, Bridge, Bush, Douglass, Eitzen, Gravelly, Hall of B., Hall of R., Hendricks, Hitchcock, Holmes, Howell, Irwin, Jackson, Jamison, Linton, Long, Marvin, McCormack, McDowell, McFerran, Noell, Orr, Phillips, Pipkin, Pomeroy, Rowland, Smith of L., Smith of St. L., Stewart, Tindall, Welch, Woolfolk, Wright, Vanbuskirk, Zimmerman, and Mr. President - 40.

AYES - Messrs. Allen, Birch, Bogy, Breckinridge, Broadhead, Bridge, Bush, Douglass, Gantt, Gravelly, Hall of B., Henderson, Hendricks, Hitchcock, Holmes, How, Irwin, Jackson, Jamison, Johnson, Linton, Long, Marvin, McCormack, McDowell, McFerran, Orr, Phillips, Smith of L., Smith of St. L., Stewart, Tindall, Woolfolk, Wright, and Zimmerman - 36.

NOES - Messrs. Hall of R., Howell, Isbell, Leeper, Maupin, Meyer, Noell, Pipkin, Pomeroy, Rowland, Turner, Welch, Vanbuskirk, and Mr. President - 14.

Sixth Da

State of Missouri, as follows : First. That the certificates of pay of the members and officers of this Convention, signed by the President and attested by the Secretary of said Convention, shall be received by the various collectors of this State in payment of all taxes and dues, due or to become due to the State, and the Auditor and Treasurer of the State shall pass upon and allow the amount so paid by said collectors on said certificates as so much money paid by said collectors.

Second. That nothing in the foregoing resolution shall be construed to prevent said certificates from being presented directly to the Auditor and Treasurer of State for allowance and payment, but said certificates shall be audited and paid by said officers upon presentation, out of any money in the treasury not otherwise appropriated.

member or officer to whom the same shall be due and payable, and said certificate so endorsed shall entitle the holder to all the rights which the original holder or owner might have under these resolutions, and the same shall be allowed and paid to said holder in all respects as if he were the party to whom the same were originally due. Which were adopted by the following vote, the ayes and noes having been called by Mr. Pipkin :

AYES - Messrs. Allen, Birch, Bogy, Breckinridge, Broadhead, Bridge, Bush, Eitzen, Foster, Gantt, Gravelly, Hall of B., Hall of R., Henderson, Hendricks, Holmes, Howell, Irwin, Isbell, Jackson, Jamison, Johnson, Leeper, Linton, Long, Marvin, Maupin, McDowell, McFerran, Meyer, Noell, Orr, Pomeroy, Rowland, Shackelford of St. L., Smith of L., Smith of St. L., Tindall, Turner, Welch, Vanbuskirk, and Zimmerman - 42.

Eighth. Any person whatsoever who may take and subscribe the oath provided by this ordinance, and file the same in the office of the Secretary of State, or any County Clerk's office in this State, within ten days after receiving notice of the passage of this ordinance, being within forty days of the passage thereof, shall be exempt from arrest or punishment for offences previously committed by taking up arms against the Provisional Government of this State, or giving aid or comfort to its enemies in the present civil war, subject to the penalties of perjury as provided in this ordinance j and it shall be the duty of the Secretary of State and respective County Clerks to make out and deliver to persons filing such oath a certificate of the fact under their respective seals of office, which certificate shall be prima facie evidence in all courts and to all persons that the person named therein has complied with and claims the benefit of this ordinance. And the Governor of this State is hereby directed to furnish a copy of this ordinance to the President of the United States immediately, and request him in the name of the people of Missouri, by proclamation, to exempt all persons taking said oath under this ordinance from all penalties they may have incurred by taking up arms against the United States, or giving aid or comfort to its enemies in the present civil war. The amendment was agreed to.

Amend by inserting after the word f' State," occurring in the first line of the 5th section, the following : " So far as the same are paid out of the State Treasury."

AYES - Messrs. Allen, Birch, Bogy,Breckinridge, Bush, Douglass, Foster, Gantt, Hall of B., Hall of R.,Henderson,Hendricks, Holmes, Irwin, Jackson, Linton, Long Marvin, McCormack, McDowell, McFerran, Meyer, Morrow, Noell, Pomerov, Rowland, Shackelford of St. L., Smith cf L., Smith of St. L., Stewart, Turner, Woolfolk, Zimmerman, and Mr. President - 34.

Amend by striking out the words " forty days," wherever they occur in sections six, seven and eight, and insert instead thereof the words " sixty days."

Amend the third section by adding as follows : " And that the fees of said clerks, respectively, for services herein contemplated shall in no case exceed the sum of fifty dollars per annum."

Strike out sections one, two, three and four, and insert as follows : " First. The Auditor of the State is hereby directed and required not to audit or allow, and the Treasurer of the State is hereby directed and required not to pay, from and after the passage of these resolutions, the salaries allowed by existing laws of this State of the following named officers, except as hereinafter provided, to wit :

"Second. Beit further Resolved) That the suspension of payment of salaries designated and provided for in the foregoing resolution shall continue until the duties of the several officers shall have been fully resumed, and until payment thereof shall be directed by the Provisional Governor appointed by this Convention, or his successor, duly elected by the qualified voters of

" Third. Be it further Resolved, That the Secretary of the Convention furnish to the Auditor and Treasurer, each, a duly certified copy of these resolutions."

AYES - Messrs. Allen, Birch, Breckinridge, Broadhead, Bridge, Bush, Douglass, Eitzen, Gantt, Gravelly, Hall of B., Hall of R., Henderson, Holmes, How, Irwin, Isbell, Jackson, Jamison, Johnson, Leeper, Linton, Long, Marvin, McCormack, McDowell, McFerran, Meyer, Noell, Orr, Phillips, Pomeroy, Rowland, Sayre, Shackelford of St. L., Smith of St. L., Stewart, Tindall, Turner, Woolfolk, Vanbuskirk, and Zimmerman - 43.

Mr. HALL of B. moved the previous question, which was ordered ; the question being, "shall the main question be now put?5' it was decided in the affirmative by the following vote, the ayes and noes being called for by Mr. BROADHEAD :

AYES - Messrs. Allen, Birch, Breckinridge, Bridge, Foster, Gantt, Gravelly, Hall of B., Hall of R., Henderson, Hitchcock, Holmes, How, Irwin, Isbell, Jackson, Jamison, Johnson, Leeper, Linton, Long, Marvin, McCormack, McFerran, Meyer, Noell, Rowland, Sayre, Smith of L., Stewart, Tindall, Woolfolk, Vanbuskirk, Zimmerman, and Mr. President - 35.

NOES - Messrs. Bogy, Broadhead, Bush, Douglass, Eitzen, Howell, McDowell, Orr, Phillips, Pipkin, Pomeroy, Shackelford of St. L., Smith of St. L., and Welch - 14.

NOES - Messrs. Broadhead, Bush, Gravelly, Hall of B., Hall of R., Hendricks, Hitchcock, How, Howell, Jackson, Johnson, Marvin, Maupin, McDowell, Pipkin, Sayre, Shackelford of St. L., Smith of L., Tindall, Welch, Woolf oik, Vanbuskirk, and Mr. President - 23.

NOES - Messrs. Broadhead, Bridge, Bush, Douglass, Foster, Hall of B., Hall of R., Hendricks, Hitchcock, How, Howell, Irwin, Jamison, Johnson, Maupin, McDowell, Noell, Phillips, Pipkin, Pomeroy, Rowland, Sayre, Shackelford of St. L., Smith of L., Tindall, Welch, Woolf oik, Vanbuskirk, and Mr. President - 29.

AYES - Messrs. Allen, Birch, Bogy, Breckinridge, Bridge, Douglass, Eitzen, Foster, Gantt, Gravelly, Hall of B., Henderson, Hendricks, Hitchcock, Holmes, How, Irwin, Isbell, Jackson, Jamison, Johnson, Leeper, Linton, Long, McCormack, McDowell, Mc- Ferran, Meyer, Noell, Orr, Phillips, Pomeroy, Shackelford of St. L., Smith of St. L., Stewart, Vanbuskirk, and Zimmerman - 37.

NOES - Messrs. Broadhead, Bush, Hall of R., Howell, Marvin, Maupin, Pipkin, Rowland, Sayre, Smith of Linn, Tindall, Turner, Welch, Woolfolk, and Mr. President - 15.

The seventh section was then adopted, and also the eighth, by the following vote, the ayes and noes having been called for by Mr. McFerran :

AYES - Messrs. Allen, Birch, Bogy, Douglass, Gravelly, Hall of B., Hall of R., Henderson, Hendricks, Howell, Jackson, Jamison, Long, Linton, McFerran, Morrow, Noell, Orr, Phillips, Pipkin, Pomeroy, Sayre, Shackelford of St. L., Smith of St. L., Welch, Woolfolk, Wright, Vanbuskirk, Zimmerman, and Mr. President - 30.

Mr. HALL of B. moved to lay the motion to reconsider on the table, which motion was decided in the negative by the following vote, the ayes and noes having been called for by McFerran:

AYES - Messrs. Broadhead, Bridge, Bush, Douglass, Hall of B., Hall of R., Hitchcock, How, Maupin, Morrow, Noell, Phillips, Pomeroy, Rowland, Sayre, Smith of Linn, Tindall, Turner, Vanbuskirk, and Mr. President - 20.

The question being on the adoption of. the 5th section, it was decided in the affirmative by the following vote, the ayes and noes having been called by Mr. McFerran :

AYES - Messrs. Allen, Birch, Breckinridge, Eitzen, Foster, Gantt, Gravelly, Henderson, Hendricks, Holmes, Isbell, Jackson, Johnson, Leeper, Linton, Long, Marvin, McCormack, McDowell, McFerran, Meyer, Morrow, Orr, Pomeroy, Shackelford of St. L., Smith of St. L., Stewart, and Zimmermann - 28.

NOES - Messrs. Bogy, Broadhead, Bridge, Bush, Douglass, Hall of B., Hall of R., Hitchcock, How, Hudgens, Irwin, Jamison, Maupin, Noell, Phillips, Rowland, Sayre, Smith of L., Tindall, Turner, Vanbuskirk, and Mr. President - 22.

Night Session

There being no quorum present, Mr. HOWELL moved a call of the House, which was ordered, and the absentees noted ; when, on motion of Mr. BIRCH, all further proceedings under the call were dispensed with.

The Convention proceeded to the consideration of the following ordinance, reported to the Convention by Mr. TINDALL, chairman of the Committee on the Militia, and made the special order for this day at 10 o'clock :

State Militia

First. All able-bodied free white male inhabitants of this State, between the ages of eighteen and forty-five years, shall be liable to military duty under this ordinance, and when enrolled shall constitute and be known and designated as the "Missouri State militia."

Second- When the Missouri State militia shall be called into the actual service of the State, the officers and men shall be subject to the same rules and regulations, and articles of war, that govern the armies of the United States.

Organization

Third. The commander-in-chief shall have power to call troops into actual service by volunteer enlistments, according to such regulations as he may prescribe.

Fourth. Troops shall be mustered into service by the inspector general or his assistants, in such manner as may be prescribed by the commander-in-chief, and

(( You, each and every one of you, do solemnly swear that you will t°nestly and faithfully serve the State of Missouri against all her enemies, and that you will do your utmost to sustain the Constitution and Laws of the United States, and of this State, against all violence of whatsoever kind or description ; and you do further swear that you will well and truly execute and obey the lawful orders of all officers properly placed over you, whilst on duty, so help you God."

Fifth. The State militia of Missouri shall be organized by companies into battalions, regiments, and brigades, in the manner prescribed in the rules and regulations for the government of the United States army, and when in actual service of the State shall receive the same pay and emoluments as the United States army,; and any company, battalion or regiment mustered into the service of the State may at their option, at any time, be mustered into the service of the United States.

Sixth. Companies of infantry shall not contain less than sixty-four (64) men (including non-commissioned officers), nor more than one hundred.

Seventh. The commissioned officers of a company of infantry, cavalry or artillery, shall be one captain, one first and one second lieutenant, who shall be elected by the members of the company after being mustered into service ; and any vacancy in such offices shall be filled by election in like manner.

Staff

Eleventh. The Governor shall nominate, and by and with the advice of the Senate appoint, the following chiefs of staff department : One adjutant general, one inspector general, one quartermaster general, one comissary general, one surgeon general, one paymaster general - all with the rank of colonel of cavalry - each of whom shall perform the duties of his office in accordance with the rules and regulations of the United States army, or such other rules and regulations as may be prescribed by the commander-in-chief.

Twelfth. The quartermaster general and the commissary general shall, on receiving their appointments, execute and deliver to the State their bonds, each in the sum of twenty thousand dollars, ($20,000,) with sureties, to be approved by the Governor, for the faithful performance of their duties, and the Governor shall require of all disbursing officers a bond in such amounts and with such securities as he may deem necessary for the faithful discharge of their duties.

Thirteenth. The commander-in-chief may also appoint and commission such number of aids-de-camp as may be necessary for the requirements of the service, with the rank of colonel.

Fourteenth. The commander-in-chief shall also, without the concurrence of the Senate, appoint and commission such other staff officers as may be necessary for the requirements of the service, and shall designate their rank in their respective commissions : and such officers shall perform such duties as are prescribed by the rules and regulations of the army of the United States, or such as may be prescribed by the commander-in-chief. OFFICERS.

the Senate appoint, one major general, and the necessary number of brigadier generals, colonels, lieutenant colonels, and majors of the line.

Sixteenth. Whenever, during the recess of the Senate, it shall be necessary to appoint to any military office of the line above the rank of captain, the Governor may appoint to such office, subject to the confirmation of the Senate at their next session thereafter.

Seventeenth. The major general commanding may nominate to the Governor for commission one assistant adjutant general, two aids-de-camp with the rank of lieutenant colonel ; and the commander-inchief may detail for duty on the staff of the major general commanding such other staff officers as the necessities of the service may require.

Eighteenth. Brigadier generals, when in actual command, may nominate to the Governor for commission, one acting assistant adjutant general, one aid-de-camp with the rank of major ; and the commander-inchief may detail such other staff officers for duty with the brigade as the necessities of the service may require.

Nineteenth. Colonels of regiments, when in actual command, shall nominate to the Governor for commission, one adjutant with the rank of captain ; and the commanderin-chief may detail such other staff officers for regimental duty as the service requires. The colonel of each regiment shall select from his command well instructed and good soldiers to fill the posts of sergeant major, quartermaster sergeant, commissary sergeant and color sergeants, who will constitute the non-commissioned staff of the regiment, and be appointed by warrant given under the hand of the colonel.

Twentieth. Persons holding civil offices under this State, or civil military offices under the United States, may hold offices under this ordinance ; and no civil office under this State shall be vacated by the acceptance of a military office under the United States.

Uniform Courts Martial

Twenty-third. Courts martial shall be constituted, and shall proceed in all cases in the same manner, as is provided by law or regulation for the army of the United States.

Twenty-fourth. All contractors for supplies for the State militia shall be subject to trial by court martial for any fraud practiced in respect to such supplies, and shall, on conviction thereof, be punished with death or other punishment, at discretion of the court.

Twenty-jifth. Any officer of the State militia who shall be convicted by a court martial of wilfully defrauding the State in any matter of which he has official charge, or of conniving at any fraud practiced upon the State by others, shall suffer death or such other punishment as the court may inflict.

Twenty-sixth. The commander-in-chief shall have power to prescribe such rules and regulations for the government of the Missouri State militia as he may deem necessary.

Twenty- seventh. He may vacate the commission of any officer whom he may judge unfit for the service, and he shall have power to appoint military boards to report upon the qualifications of any officer commissioned or to be commissioned.

Twenty-eighth. The articles of war shall be published with this ordinance, with the rerbal changes necessary to conform them to forces organized and serving under the authority of the State.

Twenty-ninth. Headquarters of the Missouri State militia shall be in St. Louis until removed by the commander-in-chief. Thirtieth. No period of residence is required to admit persons to service in the Missouri State militia.

Thirty-first. All bodies of troops heretofore organized and mustered into the service of the State under the provisions of an ordinance entitled " An Ordinance concerning the repeal and abrogation of certain laws, and for other purposes," heretofore adopted by this Convention, shall be continued in the service as (if) organized under this act. Provided, however, that the Governor t may remove any officer now acting in the militia, in accordance with the provisions of the twenty-seventh section of this act ; and may, at any time, vacate the commissions of such officers as are not authorized by this ordinance : And provided also, that all commissions now issued to third lieutenants of companies under the said recited act, are hereby vacated ; and it shall be the duty of the commander-in-chief to authorize some member of the staff department, or some other agent whom he may appoint for that purpose, to proceed to such place in the State as may be necessary, and examine into the expenses incurred in the preliminary assembling and organization of companies, the procurement of arms, the furnishing of supplies, and other necessary expenses incurred in and about the organization of troops under the Governor's proclamation of the 24th of August last, and said agent or officer shall adjust such claims as may be prescribed to him, allowing such as maybe deemed just, and rejecting those found to be unjust. He shall report his proceeding to the Governor, who, if he approve the same, shall so certify to the proper officer, who shall cause the claims or accounts so allowed to be paid ; but such preliminary examination shall be unnecesry in any case where the Governor shall have such personal knowledge in regard to any such claims as to justify him in certifying it to the proper officer as hereinbefore provided.

Thirty-second. So much of the "Act to govern and regulate the volunteer militia of the State," approved, as aforesaid, bj this Convention, as conflicts with the provisions of this ordinance, is hereby repealed ; but all legal acts done, and proceedings properly had for the organization and support of the militia, under and by virtue of said act, shall be valid and binding as if authorized by this ordinance.

tered, modified or repealed by the General Assembly of this State, in the same manner and with like effect as the ordinary legislation of the State may be altered, amended or repealed.

MR. JACKSON asked and obtained leave to change his vote from aye to no, on the adoption of the eighth section of the (l Ordinance for abolishing certain offices."

An Ordinance Respecting Certain Records And Other Property Of The State

Be it ordained by the People of the State of Missouri, in Convention assembled : That it shall be the duty of the Board of Public Works, of the Commissioner of Common Schools, and of the Geologist and Assistant Geologist of the State, to transfer and deliver the records, papers and other property of their respective offices to the Secretary of State, who shall preserve an inventory thereof in his office, and grant proper receipts therefor. The County School Commissioners shall in like manner deliver the records, papers, and other property of their respective offices to the clerks of their respective counties, who shall in like manner issue to them receipts for the same.

Strike out the words f ' or draft if necessary," in the third section; upon which motion, Mr. Stewart called for the ayes and noes. There being no quorum present,

Seventh Da

Mr. GANTT moved the previous question, which was ordered ; the question being, " Shall the main question be now put?" it was carried, and the resolution declared adopted by the President ; when,

Hitchcock, Holmes. How, Howell, Irwin, Isbell, Jackson, Jamison, Johnson, Leeper, Linton, Long, Marvin, Maupin, McCormack, McDowell, McFerran, Meyer, Phillips, Pomeroy, Rowland, Shac^elford of St. L., Smith of L., Smith of St. L., Stewart, Tindall, Woolfolk, Vanbuskirk, Zimmerman, and Mr. President - 42.

The Convention resumed the consideration of the amendment, offered by Mr. Woolfolk, to the third section of the " Ordinance for organizing the militia," &c., which was agreed to by the following vote, the ayes and noes having been called for by Mr. Stewart :

AYES - Messrs. Allen, Birch, Breckinridge, Douglass, Foster, Gravelly, Hall of B., Hall of R., Henderson, Hitchcock, Howell, Hudgens, Irwin, Jackson, Jamison, Long, Marvin, Phillips, Pipkin, Pomeroy, Rowland, Sayre, Shackelford of St. L.,

" Each company, or legal body, when formed and mustered into the service of the State, shall proceed to elect by ballot the officers provided for in this act ; the candidate receiving the highest number of votes shall be commissioned by the Govnernor.

Mr. SMITH of L. moved to amend the amendment, by adding to the ninth section, after the word " major," "who shall be elected by the commissioned officers of said companies;" which was disagreed to.

Amend by adding the following at the end of section five : " And any company, battalion, or regiment, mustered into the service of the State may, at their option at any time, be mustered into the service of the United States."

Amend by prefacing at the beginning of section nine : " A battalion shall consist of not less than two nor more than five companies, and shall be entitled to one major."

" And it shall be the duty of the Commander-in-Chief to authorize some member of the staff department, or some other agent whom he may appoint for that purpose, to proceed to such place in the State as may be necessary, and examine into the expenses incurred in the preliminary assembling and organization of companies, the procurement of arms, the furnishing of supplies and other necessary expenses incurred in and about the organization of troops, under the Governor's proclamation of the 24th August last ; and said agent or officer shall adjust such claims as may be presented to him, allowing such as he may deem just and rejecting those found to be unjust. He shall report his proceedings to the Governor, who, if he approve the same, shall so certify to the proper officer, who shall cause the claims or accounts so allowed to be paid; but such preliminary examination shall be unnecessary in any case where the Governor shall have such personal knowledge in respect to any such claims as will justify him in certifying it to the proper officer for payment as hereinbefore provided for."

On motion of Mr. MCFERRAN, the title of the ordinance, passed by the Convention, " Providing for abolishing certain offices, reducing salaries, and testing the loyalty of civil officers in this State," was amended, by adding thereto, " and providing an amnesty for certain persons on certain conditions."

Mr. BIRCH, from the Committee on Ways and Means, reported an ordinance, entitled, " An ordinance providing for the defence of the State," which, on motion of Mr. PHILLIPS, was laid on the table, two hundred copies ordered to be printed, and made the special order for to-morrow at ten o'clock.

Resolved) That an ordinance passed at the present session of this Convention, entitled " An ordinance providing for changing the time of holding certain elections/5 and an ordinance entitled " An ordinance providing for abolishing certain offices, reducing salaries and testing the loyalty of civil officers, and offering amnesty to certain persons on certain conditions," passed at the present session of this Convention, be published and paid for in the same manner as the ordinances adopted by this Convention at its session in July last.

The Committee on Civil Officers have had under consideration the accompanying ordinance, and a majority agree to, and report the same back to the Convention, and recommend its adoption.

Judicial Sales And Other Legal Notices

AN ORDINANCE CONCERNING THE REPEAL OF THE SECOND SECTION OF AN ACT OF THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, ENTITLED, " AN ACT TO ESTABLISH A UNIFORM SYSTEM OF PUBLISHING NOTICES OF JUDICIAL SALES AND OTHER LEGAL NOTICES IN ST. LOUIS COUNTY, STATE OF MISSOURI."

Be it ordained by the People of Missouri in Convention assembled, as follows : The second section of an act of the General Assembly of the State of Missouri, approved March 5, 1861, entitled, " An act to establish a uniform system of publishing notices of judicial sales and other legal notices in St. Louis county, State of Missouri," is hereby repealed, and declared of no validity whatever.

Wright

Mr. HALL of B. moved to lay the ordinance on the table, which motion was decided in the negative by the following vote - the ayes and noes called for by Mr. WRIGHT :

AYES - Messrs. Douglass,Gravelly,Hall of B., Henderson, Hendricks, Howell, Jamison, Johnson, Noell, Phillips, Pipkin, Pomeroy, Rowland, Sayre, Shackelford of St. L., Stewart, Tindall, Welch, Woolf oik, Wright, Vanbuskirk, and Mr. President - 22.

On the passage of the ordinance Mr. PIPKIN called for the ayes and noes, and it appearing there was no quorum, on motion of Mr. HALL of B., the Convention adjourned until to-morrow morning at ten o'clock.

Eighth Da

Resolved, That the President appoint a committee of three to contract with George Knapp and Co., for the printing of five thousand copies of the debates and proceedings of the present called session of the State Convention, at rates not exceeding those heretofore agreed upon between the Convention and the said George Knapp <fe Co., at its regular session in March last.

Resolved, That the account of George Knapp & Co., for printing five thousand copies of the proceedings and debates of this Convention, be audited by said committee, and that the same be considered as printing for the Convention, and paid for as other allowances of the Convention.

Resolved, That the Committee on Accounts be directed to audit and allow the accounts for stationery purchased for the use of the Convention ; and also the claim for the rent of the Hall occupied by the Convention, and that said claim for rent and stationery be paid as other accounts of tho Convention.

An Ordinance To Provide For The Defense Of The State

Be it ordained by the People of the State of Missouri^ by their Delegates in Convention assembled, as follows : That in order to facilitate the- prompt and regular acknowledgment of such indebtedness as may accrue under the provisions of the ordinance (( to provide for the organization and government of the Missouri State Militia/' in cases where no money may be at the time available for the payment thereof , the Auditor of Public Accounts shall cause to be prepared warrants in the form hereafter prescribed, with such devices as he may think proper - such warrants to be of the denominations of five, ten, twenty, fifty, one hundred, and one thousand dollars, making the amount in dollars of each denomination equal, and the whole amount, to be outstanding at any time, not to exceed one million dollars - which warrants shall be signed by the Auditor, and countersigned by the Secretary of State, and shall be registered in the office of the Auditor and Secretary of State, and shall be at all times redeemable at the Treasury, out of any money in the Treasury not otherwise appropriated.

and this warrant shall be receivable in taxes due the State, and the bank stock owned by the State is pledged for its redemption, if it shall not be otherwise redeemed or paid in for taxes before the thirty-first day of December, 1862.

The warrants shall be delivered to snch persons as the State may be indebted, whether for services, subsistence, forage, clothing, transportation, or other necessaries furnished according to law to the troops in the service of the State, and shall pass by special assignment alone ; and in order that such acknowledgments may be made, the Auditor shall issue to any disbursing officer of the State Militia, upon the order of the Governor, such amounts as may may be required for the public service - the warrants so issued having the blank for the name of the payee unfilled, and to be filled by the disbursing officer with the name of the person to whom the State is indebted, and to whom the warrant shall be issued. The officer receiving such warrants from the Auditor shall give his duplicate receipts therefor, one of which shall be filed in the office of the Auditor, and the other in the office of the Secretary of State ; and each disbursing officer shall be charged by the Auditor with the amount of warrants so issued to him, and shall settle with the Auditor therefor, by producing legal and valid vouchers for the amount paid out by him, and return the residue to the Auditor ; such settlement to be made at the end of each quarter of a year from the first day of January, in the year eighteen hundred and sixty-two. The disbursing officer so delivering a warrant to a creditor of the State, shall endorse on the warrant so delivered the statement that he issued it, thus - "This warrant issued by me" - and shall subscribe thereto his name with his style of office, and said warrant shall be taken up or redeemed by the proper disbursing officer with money, whenever he may be furnished with it for that purpose.

The Treasurer shall receive from each collector of taxes, upon settlement, such warrants as may have been paid in to him for taxes, and shall give him credit therefor as cash ; and any sheriff, or other collector of taxes, who shall directly or indirectly be concerned in the purchase of such warrants at a discount upon their nominal amount, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined double the amount of the warrant so purchased.

At the end of each fiscal year, the Secretary of State, Auditor, and Treasurer, shall together compare the warrants that may have been paid into the treasury for taxes with the register in the offices of the Secretary and Auditor, and if it be found that such warrants are genuine and correspond with the register, and that there is no reason to believe that fraud has been practised upon the State in relation to such warrants, they shall destroy those thus redeemed ; but if they find that any fraud has been practised, they shall preserve the warrants which may have been fraudulently issued, altered, counterfeited, or used, to be evidence in any judicial proceeding.

"Be it further ordained, That for the purpose of arming and supporting the Militia of the State, and with a view to protect the lives and property of its citizens, the Governor of the State is hereby authorized and empowered to issue bonds of the State to the amount of one million of dollars, which said bonds shall be dated on the day of their issue, and made payable ten years after the date thereof, bearing interest at the rate of seven per cent, per annum, and with interest coupons attached ; the interest to be paid semi-annually, at the Bank of Commerce, in the city of New York, or at such other point as the Governor may deem expedient.

" Said bonds shall be issued under the seal of the State, in sums of not less than two hundred nor more than five thousand dollars - shall be signed by the Governor, and countersigned by the Secretary of State. The interest coupons shall be signed by the Governor, and attested by the Auditor of Public Accounts, and shall be made payable on the first day of January and the first day of July of each year. The bonds aforesaid shall be made payable to the Auditor of Public Accounts, and by him numbered and registered in his office.

" The Auditor shall endorse said bonds, and deliver the same to the Governor, who is hereby authorized and empowered to negotiate the same upon such terms as he may deem best for the interests of the people of the State. He may hypothecate them, or any amount of them, to individuals, or to the Government of the United States, for moneys advanced ; and if the same can not be sold nor hypothecated upon terms satisfactory to the Governor, he shall solicit the endorsement of said bonds by the proper authorities of the Federal Government previous to their negotiation.

" All bonds issued under the provisions of this ordinance shall be denominated UNION DEFENCE BONDS OF MISSOURI; the faith and credit of the State are hereby pledged to the payment of the principal and interest thereof, and for the purpose of securing the prompt payment of the interest thereon, it is hereby ordained that the Treasurer of the State shall annually set aside the sum of seventy thousand dollars out of any money coming into the treasury on account of the revenues of the State.

"In order to secure the ultimate redemption of the aforesaid bonds, it is hereby ordained and declared that the clerks of the county courts of the several counties of the State, or the clerks of the tribunals then entrusted with similar duties under the laws of the State at the time, when they prepare a copy of the tax books for the years 1870 and 1871, for the use of the collectors of their respective counties, levy, in addition to the tax which shall or may then be levied by the laws of the State, fifteen cents on the hundred dollars of taxable property, for each of the years aforesaid, in their respective counties, which said tax shall be kept separate by the collectors and the Auditor and Treasurer of the State, under the title or head of "Union Defence Fund." During the years 1870 and 1871, there shall be levied and collected upon all licenses granted a tax of twenty-five per cent, in addition to the amounts prescribed to be collected thereon by the legislation of the State at that time, which said license tax shall in like manner be paid into the treasury to the credit of said fund. And upon the maturity of the bonds hereinbefore provided for, the Governor and Treasurer of

"The said tax shall be collected in the same manner as may at the time be provided for the collection of the revenue of the State; and the several officers charged with duties in respect to the collection of the general revenue shall have the same powers and privileges in respect to said special tax, and shall be liable to the same penalties and forfeitures for failure to perform their respective duties." The amendment was agreed to. The ordinance as amended was then adopted by the following vote, the ayes and noes being called by Mr. Wright :

AYES - Messrs. Allen, Birch, Bogy, Breckinridge, Broadhead, Bridge, Bush, Eitzen, Gravelly, Hall of B., Hall of R., Henderson, Hendricks, Hitchcock, Holmes, How, Irwin, Isbell, Jackson, Jamison, Johnson, Leeper, Linton, Long, Maupin, McDowell, McFerran, Meyer, Noell, Orr, Pomeroy, Rowland, Shackelford of St. L., Smith of St. L., Turner, Vanbuskirk, and Zimmerman - 37.

NOES - Messrs. Douglass, Howell, Hudgens, Marvin, McCormack, Phillips, Pipkin, Sayre, Smith of L., Tindall, Welch, Woolfolk, Wright, and Mr. President - 14.

Mr. Woolfolk offered the following resolutions, which were adopted : Be it resolved by the People of Missouri in Convention assembled, as follows: That, as many of our loyal citizens have entered into the service of the State of Missouri for the purpose of repelling invasion, suppressing insurrection, and enforcing the laws of the Union in this State, which duties the Constitution imposes upon the Federal Government ; and believing that the citizen soldiery of the State, acquainted as they are with persons and localities, are more effective for suppressing the civil and social war in our midst, and restoring and preserving law and order, than troops from other States ; and further believing that the militia system should be maintained, as many of our citizens will enter the service of the State who would be unable or unwilling to enlist as Federal soldiery ; and whereas the financial condition of the State of Missouri renders it inv practicable to provide for the arming, main- tenance and pay of such volunteer militia as have enlisted or may hereafter enlist in the service of the State during the existence of the present civil and social war in our midst:

Resolved) That the Governor be directed to proceed to Washington, to make known to the General Government the condition of the State, its military organization and finances, and to propose to that Government such measures as will enable the State to cooperate efficiently in the prosecution of the present war.

Resolved^ That when this Convention adjourn its present session, it will adjourn to meet in the Representative Hall at Jefferson city, on the first Monday of April, A. A. 1862; subject, however, to the call of the Governor, who shall have power to convene the body at such time prior thereto, and at such place, as in his judgment the public exigencies may require.

Resolved, That the existence of this Convention shall terminate on the day of the assemblage of the Legislature to be elected in 1862, and in the interim shall be subject to be called together by the Governor if in his opinion the exigencies of the State may require its assemblage, but not otherwise.

Resolved) That the Secretary of this Convention be instructed and required to properly enrol the ordinances of this Convention, certify to the date of the passage thereof, and file them in the office of the Secretary of State.

Whereas, at the first session of this Convention, a contract was entered into by this body, through a committee appointed for that purpose, with two reporters, to report its debates and proceedings ; and whereas since the last adjournment one of said reporters has departed this life, and the whole and entire labor of such report has been performed by Mr.L.L. Walbridge, the survivor of said reporters : Therefore,

Resolved, That the Committee on Accounts be instructed to allow to said L. L. Walbridge the pay heretofore allowed to both of said reporters, and that said claim be paid in the same manner as the pay of the officers and members of this Convention.

The State Of Missouri

Whereas the General Assembly of the State of Missouri did, contrary to the true interest of the people and in violation of the Constitution of the State, enact certain laws attempting to legalize the suspension of specie payment by the banks of this State : Therefore,

Be it ordained. That all the banks of issue chartered in this State, parent banks and their branches, shall resume specie payment on or before the first day of February, 1862. From and after said day, they shall be required to redeem each their own circulation with gold and silver coin ; and whenever, after said day, a demand shall be made at the counter of any bank for the redemption of her notes, the same shall be considered as on demand, without regard to the denomination or number of notes presented. If any bank shall fail promptly to pay and redeem in gold and silver coin her notes, when such demand is made, the charter of such bank shall be annulled and forfeited ; and it shall be the duty of the Governor, on receiving evidence satisfactory to him of such failure, to take pos- session immediately of all the property and assets of such bank, of whatever nature and description, and wherever the same may be located, and to have the affairs and business of such bank administered and wound up for the best interest of its creditors, by such persons as he shall designate in such manner as to pay and cancel, first, her circulation ; next, to pay all other lawful debts of such bank, and lastly, to divide any balance remaining among the stockholders : and all acts and parts of acts inconsistent with this ordinance are hereby repealed.

An Ordinance To Prevent The Sacrifice Op Property

The People of Missouri in Convention assembled, do ordain as follows : All real estate hereafter sold under execution or deed of trust shall be subject to redemption any time within two years from the passage of this ordinance, on payment of the debt, interest, and costs, with interest thereon at the rate of ten per cent, per annum from the time of such sale until the day of redemption.

Index

Ordinance concerning the repeal of the second section of an act of the General Assembly of the State of Missouri, entitled "An Act to establish a un.form system of publishing notices of judicial sales and other legal notices in St. Louis county, State of Missouri." Considered" 22 concerning the resumption of specie payment by all the banks in the

First

Messrs Bogy, Breckinridge, Broadhead, Bridge, Bush, Douglass, Gravelly, Hall of Buchanan, Holmes, How, Howell, Hudgins, Isbell, Jackson, Johnson, Leeper, Linton, Long, Marvin, McCormack, McDowell, Meyer, Orr, Phillips, Pipkin, Pomeroy, Rowland, Shackelford of St. Louis, Smith of Linn, Smith of St. Louis, Turner, Welch, Woolfolk, Vanbuskirk, Zimmerman.

Afternoon Session

Messrs. Birch, Breckinridge, Broadhead, Bridge, Bush, Douglass, Eitzen, Gravelly, Hall of Buchanan, Hitchcock, Holmes, How, Howell, Hudgins, Isbell, Jackson, Johnson, Leeper, Linton, Long, Marvin, McCormack, McDowell, Meyer, Orr, Phillips, Pipkin, Pomeroy, Rowland, Sayer, Shackelford of St. Louis, Smith of Linn, Smith of St. Louis, Stewart, Tindall, Turner, Welch, Welch, Woolfolk, Wright, and Zimmerman.

There not being a quorum present, Mr. HALL of Buchanan moved the Convention adjourn until 10 o'clock to-morrow. Motion sus tained, and Convention adjourned.

Messrs. Allen, Birch, Breckinridge, Broadhead, Bridge, Bush, Douglass, Eitzen, Gantt, Gravelly, Hall of Buchanan, Hall of Randolph, Henderson, Hendricks, Hitchcock, Holmes, How, Howell, Hudgins, Irwin, Jackson, Jamison, Johnson, Leeper, Linton, Long, Marvin, Maupin, MeCormack, McDowell, McFerran, Mejrer, Orr, Phillips, Pipkin, Pomeroy, Rowland, Sayer, Shackelford of St. Louis, Smith of Linn, Smith of St. Louis, Stewart, Tindall, Turner, Welch, Woolfolk, Wright, Vanbuskirk, Zimmerman, and Mr. President.

"In the exercise of the power which you have conferred upon me, I have called the body to assemble at this time, to consider and adopt such measures as the welfare of the State may require.

"Although there is no constitutional requirement that I should communicate to you my views of the condition of the State, or recomme'nd any measures for your adoption, yet there seems to be a propriety in my stating the reasons for calling you together at this time.

" You need not be informed by me, that, throughout the length and breadth of the State, there is now existing a civil war that threatens the destruction of all government, and strikes at the very foundations of society. You are acquainted already with the situation of affairs in our State.

" The obligations which rest upon the Chief Executive to preserve order and peace in the community, to enforce the laws, and to suppress by force all combinations against the State, require that more efficient measures for the organization of the military power of the State should be adopted than now exist. The act of 1859, which you revived at your last session and made the law for the organization of volunteer forces, is found, upon trial, to be a most inefficient law in the present times, which require promptitude and energy.

" It is therefore assigned, as one of the principal reasons for calling the Convention, that you should adopt a Military Law more simple and more efficient than that now existing.

" You are aware further, that the Treasury of the State is empt}*. The Treasurer reported, to me on the 24th of September last that there was in the Treasury $21,422.73, which was subject to a deduction for coupons paid by the Bank of the State on the old debt, the amount of which coupons he had not ascertained. The whole of the sum thus reported in the Treasury is, in all probability, already absorbed by the payment of the salaries of civil officers. At this time the sheriffs in very many of the counties are resigning their offices in order to avoid the duty of collecting the taxes, which is supposed to be impracticable.

" Under these circumstances, it is apparently impossible to provide means by existing laws for the payment of the ordinary expenses of the government, and it is manifestly impossible to provide, by any system of taxation, for the extraordinary expenses of a military force.

" That you might devise some scheme for raising the money which is indispensably necessary to support troops, and to defray ordinary expenses, was another reason for calling you together.

" Beyond these two reasons for the call, it is believed by many, and the opinion has been expressed to me, that the election for State officers, ordered at your last session, to take place on the first Monday of November next, cannot be held, so as to obtain a fair expression of the public will. In. the disturbed condition of the State, with many citizens absent from the State, with excitement existing throughout our whole limits, so that in some districts citizens entertaining one set of opinions would not be permitted to vote, while in other sections those holding opposite opinions would be denied the

" As I concur in the opinion thus expressed, this question of postponing the election is submitted to your consideration without any reasoning on my part in favor of the postponement.

" IMs proper for me, v/hile calling your attention to this subject of the election, to remind you that when I was chosen to fill my present position of Provisional Governor, I was chosen to exercise the executive functions until the first Monday of November ; yet as the words of the ordinance are, 'and until his successor ghall be duly elected and qualified/ the effect of a postponement of the election will be to continue me in office for a longer period than was contemplated by the Convention when I was chosen, or by me when I accepted the office. It is proper, therefore, that you should at this time select a person to discharge the executive duties during the prolonged period that will elapse before an election can be held. In making such selection, you will remember that you have the whole State from which to make the choice, without confining yourselves to the members of the Convention. It is not necessary that I remind you, that the only basis of a safe choice is the good of the people, without regard to personal predilections or party relations. The motto on our State arms, ' Salus populi supremo, lex esto,' furnishes a safe guide in all our public action.

" There are other matters upon which there is a desire among the people that you should act, but which, as they have no connection with the duties of the office I hold, and as they partake of the character of ordinary legislation, I forbear to mention in this communication. " H. R. GAMBLE."

Mr. BIRCH said Mr. Wamouth had been driven from his home in consequence of the present troubles ; that he came here well endorsed, and he thought it perfectly proper to offer his name to the Convention.

Mr. WELCH asked whether or not the offices were not already filled, and if so, would it not be better to first declare them vacant? His impression was that Mr. Grover, of his county, was still sergeant-at-arms, and that Mr. Anderson of Moniteau county, was doorkeeper.

Mr. BIRCH supposed it was known by every member of the Convention that Anderson was in the Southern army. His resolution did not propose to declare the office of doorkeeper vacant, as that would involve the necessity of inquiring where Mr. Anderson was ; but merely provided that the office be filled for the present.

Mr. BRECKINRIDGE then renewed his resolution, remarking, in answer to the suggestion of Mr.. Welch, that he was aware Mr. Grover was already sergeant-at-arms ; he should take no steps toward his removal, and only regretted that, while serving his country, he (Grover) had been placed in a position which made it impossible to be present. Capt. Cozzens was their assistant sergeant-at-arms, but their experience last spring was that this hall was so large as to require the assistance of several persons to keep order. Besides that, it was necessary that some of these persons should be familiar with the people of the city, and Mr. Alexander was well qualified in this respect.

Resolved, That the Governor's message be referred to the Committee of Eight appointed last session, with instructions to report such measures for the action of the Convention as they may think proper.

Resolved, That the following committees be appointed, each to consist of seven members, viz : On Military, on Ways and Means, on Civil Officers, on Elections, and on Revenue.

Mr. McFerran said the resolution offered by his friend from Grundy (Mr. Tindall) imposed all the labor of the Convention upon one committee, while the substitute which he had offered referred the different subjects to be acted upon to different committees. If the members of the Convention did their duty, they had a great amount of labor to perform, and he thought the business would be more expeditiously transacted by dividing it up and referring it to the consideration of different committees.

He thought every committee referred to in the substitute entirely necessary. They wanted a Committee on the Militia, whose duty it shall be to prepare an efficient military bill : this would be a considerable task, and one requiring much time and labor. They wanted a Committee on Civil Officers, as the civil affairs of the State needed supervision or revision in some way or other. They wanted a Committee on Ways and Means, to provide ways and means to carry on the Government ; and they also required a Committee on the Revenue. He hoped all these committees would be appointed, as he thought them necessary. The State was in great need of their services, and the mbre efficiently and expeditiously the work was done the better it would be for all.

Mr. GANTT wished to be informed in reference to the Committee on Elections ; whether or not it was contemplated that this committee should report upon the election of each member of the Convention. If so, there could be no difficulty in the premises, and it occurred to him that the subject would not require a separate committee.

Mr. MCFERRAN replied that the object had in view by the appointment of the committee, was in reference to the election laws of the State. He thought that, under the circumstances now surrounding us, our election laws were insufficient.

Mr. GANTT was glad he asked for information, as the object of the committee was certainly not comprehended in its title. Could not the subject of elections just as well be committed to the Committee on Civil Officers ? « Mr. MCFERRAN replied that was an altogether different thing.

Mr. GANTT said there was one modification which could be made, and which would be highly desirable : that was to have the committees composed of five instead of seven members. He felt satisfied that a less number would be preferable and conduce quite as much to the dispatch of business.

Mr. BRECKINRIDGE said he was informed that Mr. Monroe, the regularly elected Chaplain, was not in the city, and probably would not be. He (Mr. B.) knew nothing himself of his whereabouts or the probability of his being here, but he thought it was necessary that they should have a Chaplain. It was thought necessary at the beginning of the ConVention ; and if it was necessary then, it was eminently more so now. Mr. Porter was the pastor of one of the churches in this city, and, although this resolution was offered without his consent, he presumed Mr. Porter would, at the request of the Convention, act as its Chaplain.

Mr. BRECKINRIDGE said he had forgotten the hall was so large and that it was so difficult to hear distinctly, and then repeated more distinctly his previous statement in reference to Mr. Monroe.

After consultation, Mr. BRECKINRIDGE sub* sequ£ntly said he would withdraw the resolution and offer it in another form this evening, for the reason that there were several gentlemen who might be invited instead of one.

Mr. WELCH offered a resolution, providing that the Auditor of the State be directed not to audit or allow, and that the Treasurer of the State be directed not to pay, from and after the passage of this resolution, the salaries allowed by the existing laws of the State to the following officers, viz :

The Board of Public Works ; the Superintendent of Common Schools ; the State Commissioners ; officers of the State Lunatic Asylum ; the officers of the Deaf and Dumb Asylum ; Judges of the Circuit Courts, and the Circuit Attorneys, except that for St. Louis county. Also, that the suspension of the payment of the salaries provided for in the foregoing resolution shall continue until the Provisional Governor or his successor shall otherwise order.

Mr. MCDOWELL offered a resolution that the Committee on Elections report an ordinance postponing the election for State officers until the first Monday in August, 1862. Referred to the Committee on Ways and Means.

Mr. STEWART offered a resolution that the Committee on Elections report a bill requiring all voters in the State to take an oath to support the Constitution of the United States and the State of Missouri. Referred.

of the action of the Convention for the purpose of confiscating the , property of persons, citizens or residents of this State, who shall, after the expiration of a reasonable time, be found employed in aiding or abetting the rebellion now on foot within its borders, and for the application of the property so confiscated - first, to the reimbursement of loyal citizens of the State for the losses they have sustained in support of the Government ; and, second, to the uses of the State ; and that they report by ordinance or otherwise.

Mr. BRECKINRIDGE. It occurs to me that this is rather a singular course to take in regard to a resolution of instruction. If the gentleman wishes a test vote, I take it the Convention will oblige him ; but this being a reso" lution of instruction, I am of the opinion that, in accordrnce with parliamentary usage, it should go before the committtee for their consideration.

Mr. HITCHCOCK said he supposed it was hardly worth while to say anything in support of a simple suggestion which would go before the committee for their consideration.

Mr. HOWELL. I do not desire to be instructed to consider such a resolution ; I therefore, as a member of the committee to whom it is proposed to refer the resolution, move its rejection, and on that motion I call the ayes and noes.

Mr. BIRCH. Called suddenly as I am to vote upon this resolution, I desire to assign the reasons why I shall vote against it. Firstly, I do not think it is proper for the Committee on Ways and Means to consider this a source from which to raise money ; and secondly, I trust we have not reached the time when the action contemplated by the resolution is necessary. I make no apology for those who have devastated the State, and who yet threaten it; but I would avoid, even yet, if I could, so extreme a resort as that provided by the resolution. I shall, therefore, sir, vote against the resolution, knowing, at the same time, that there are those who are entitled to no mercy - some, sir, from my own county, who have threatened to come back with fire and sword, and lay waste my own and my neighbor's dwellings. While I crave no mercy from them, I am not ready to resort to any extreme measures against them - preferring to meet

AYES - Messrs. Allen, Birch, Bridge, Hall of Randolph, Howell, Hudgins, Jamison, Long, Marvin, McFerran, Phillips, Pipkin, Pomeroy, Rowland, Sayre, Shackelford of St. Louis, Woolfolk, Wright, Vanbuskirk, Zimmerman, and Mr. President - 21.

NAYS - Messrs. Breckinridge, Broadhead, Bush, Douglass, Eitzen, Gantt, Gravelly, Hall of Buchanan, Henderson, Hendricks, Hitchcock, Holmes, How, Irwin, Isbell, Jackson, Johnson, Leeper, Linton, Maupin, McDowell, Meyer, Orr, Smith of Linn, Smith of St. Louis, Stewart, Tindall, Turner - 28.

Mr. HOWELL. I desire, now, to resign as a member of the Committee of Ways and Means. I do not desire, as a member of that committee, to be required to consider a proposition of that kind at this juncture of our affairs.

Resolved, That the clergymen of this city who are loyal to the Government of the United States be requested to attend the meetings of this Convention each day, and open the same with prayer.

Mr BRECKINRIDGE. I do not propose, Mr. President, to apply any test to ascertain their loyalty, but I take it for granted that no minister, or gentleman, will come here unless he is loyal.

Mr. WRIGHT. I think the resolution is perfectly proper; because, in my opinion, the Convention is almost past praying for, and it is rather necessary to have a large number to pray.

Resolved, That the Committee on Militia be instructed to memoralize the War Department to establish a guerrilla warfare, for the purpose of driving all armed traitors out of the State.

Mr. STEWART. Before the vote is taken, I wish briefly to state my reasons for offering the resolution. I do not think there is anything very improper in it ; or anything that need excite either the mirth or the disgust of any member of this Convention. I believe in the present crisis a warfare of this kind is absolutely necessary. I believe it is well known by every member of this Convention that there are armed traitors in the State who are carrying on a guerrilla warfare, whose object it is to plunder and devastate the country ; and I believe it is necessary, in consequence of our extended territory - in consequence of the great amount of brush and prairie where these rebels can hide, that we have a similar band to meet them at their own game. This plan has been suggested by others, and I believe it would prove the most efficient mode of putting a stop to these rebel outrages. I do not offer this resolution for the purpose of touching any man who has heretofore been accused of being a traitor, but I do offer it because I believe it is necessary for us ' to have a similar kind ol warfare to that against which we have to contend.

Mr. WRIGHT. I oppose this resolution, Mr. President, on the ground that the guerrilla warfare was instituted by the Home Guards, and I do not think it necessary to memoralize Congress on the subject at all. It would be idle to ask for a thing which we ourselves initiated.

Mr. SAYRE said he understood the resolution to call upon the General Government to expel all Secessionists in arms, and institute a guerrilla warfare for that purpose. In his part of the country, they had some idea of what guerrillas are. They had some little experience in this respect, and it had been of such a character as not to commend itself to general use. Now, we were to be called upon by the terms of this resolution to invest irresponsible bands of men with very great authority - with power of deciding who are the Secessionists in arms- So far as his observation of these guerrilla parties in his section of the country had extended, he did not think that the people who have been using this power were the proper persons to be entrusted with it again. They are likely to declare that all who have property, and plenty of means of subsistence, are Secessionists. They had said so, and they would be likely to do it again. It was only calling upon the people to make themselves rich by a legalized system of jayhawking. He did not think that the Convention would recommend such a system. . It seemed to him they should scorn it and spurn it from among them.

Mr. STEWART said there seemed to be two words in his resolution particularly offensive. One was the word guerrilla. The object of Ihe resolution was to call upon the Congress of the United States, or some other Department, to establish some means by which we could repel the invaders of the State. He was not particular about the use of the word guerilla, and he was willing to strike it out. The other word to which objection was made was the word secessionist. This word was not used in the resolution at all. The term " armed traitors" was used ; and if the gentleman who happened to have secession proclivities considered that armed traitors meant secessionists, he was mistaken.

Mr. HITCHCOCK said it occurred to him that the discussion was out of place. If he understood the resolution, it called the attention of the War Department to a particular mode of carrying on the war, most likely to be effective. He believed that this would more properly be a subject for the consideration of a military council, composed of commissioned officers. It was not necessary for them to meddle in the matter. He moved to lay the subject on the table.

Mr. BIRCH hoped the resolution would not be adopted. He had a substitute which he desired to offer, and which he considered it would be proper to discuss. He would read it for information :

Resolved, That the present and prospective condition of the country demands the postponement of our pending elections, the reduction of all official salaries, the postponement of coercive measures for the collection of debts and taxes; that the sword of the State be strengthened through the credit of the State, and that the fidelity of its officers be secured by the most unquestionable guarantees.

Mr. GRAVELLY said his understanding of bodies of this character was to refer resolutions to committees, when offered ; and he took this opportunity to remark that, in casting his vote to refer the- resolution in regard to the confiscation of property, he did not cast his vote with the intention of voting for such a proposition when it came before the Convention. He might or might not vote for it ; but it was his understanding that when a resolution was offered it is customary to refer it to a committee, although the members voting to refer it may vote against the proposition when it comes before the Convention for action.

Mr. HUDGINS said that if it was the object of this body to prevent discussion - and he would not presume for a moment that it was - they could just say so at once by the adoption of this resolution, and declare that there shall be no discussion on a proposition before it goes to the committee, or afterwards. It is more important that a proposition should be discussed before it is referred. , When it is referred, it has the endorsement of the body. He was inclined to think they would not save time by the adoption of any such resolution. If it was not the intention to prevent discussion, the ordinary rules of the body should not be departed from.

Mr. WELCH said for one he must he permitted to enter his protest against the adoption of a resolution of this character. We are now, sir, in the midst of the most important crisis which this country has ever witnessed. Issues of the utmost importance are before us, involving life, property, liberty, and peace - all are at stake. Yet it is proposed by the gentleman from Pettis, (Mr. Phillips,) that all propositions having reference to these questions shall be referred, under that "gag" resolution, to committees appointed by this House, without debate ; and after they come back I presume a similar resolution will be adopted that they shall be passed without debate. Now, I have always opposed this infernal system of gagging ; I denounce it as an iniquitous pro- ceeding. If I understand the rules of this body now existing, whenever a gentleman introduces a resolution he has a right to debate it ; and every other gentleman has the same' right. Does the gentleman propose to repeal that standing rule ?

Mr. PHILLIPS. It occurs to me, sir, that the gentleman is laboring under a great misapprehension as to the object and purport of that resolution. It is not at all the object of that resolution, nor does it necessarily follow if it be adopted, that all debate will be cut off, or that there will be any gag law introduced. This Convention, last spring, here and at Jefferson City, introduced and acted upon a similar resolution. The resolutions introduced were referred to the appropriate committees, and when they were reported upon, then any gentleman who felt so disposed could discuss the subject matter contained in the report of the committee. It is for the purpose of expediting business, and not to strangle debate, that this resolution is introduced.

Mr. HUDGINS. If this resolution is adopted, will it not render void two or three standing rules of the House ? If this resolution is sustained, can a motion to reject, lay on the table, or postpone, be acted upon ?

The PRESIDENT. The point of order was not raised in order, as the gentleman from Clinton (Mr. Birch) had the floor when you rose to a point of order.

have fallen, may thankfully realize to themselves the fulfilment of the promise, that they have been "strengthened according to their day." Such a variety of opinions (mature and immature) seem to pervade the country - such a degree of indecision and consequent hesitation is observable in the pulse and conduct of many true but feeble friends of the Union - and so subtle upon the one hand, and so audacious upon the other hand, has been the line of policy against which we have been called to contend, that I have found myself, almost to the present moment, debating the question to my own judgment whether I should speak or remain silent during the session of this Convention. The message of the Governor, however, which has been delivered to us this morning, recalls us to duties too imperative to be overlooked, and I shall ask the indulgence of the Convention whilst addressing myself not only to their consideration, but to the additional measures suggested in my resolution.

I would that such a duty had more appropriately devolved upon another ; but as I stand rather prominently accredited for having exerted myself during our last session (at the Capitol) to bring about such a modification of the original report of the committee as would permit the people of the State to pass upon our action at an earlier period than was at first proposed, would seem in rather an especial manner to devolve upon me to refer to my misjudged hopes in the past, and to commit myself thus early in the session to the most vigorous and vigilant measures for the future.

As part, therefore, of the history (however humble) of that mistaken past, I ask permission to read from a speech which I had the honor to deliver before the Convention on the 27th of July last, such paragraphs as will serve to denote our purposes and reliances then, but of which we have been alike disabused by the events which succeeded it, and which confront us now. The extracts :

" What I propose, then, is to intelligently and fairly submit to the judgment and decision of the PEOPLE the issues which have been raised with the Federal Government by the State Government, and that for our weal or our woe we all alike abide by that decision. Let the committee, in review of its original action, leave the judiciary as it is, but preserve especially so much of their ordinance as shall annul the military law, and its adjunct money and tax bills ; and as these are understood to have been the measures upon which-the executive and legislative departments of the government fairly staked their political existence, and are now using them in their conflict with the Government of the United States, let the ordinance provide for the early and simultaneous election of new incumbents for these departments, conditioned, of course, upon its ratification by a majority of the people. We shall thus obtain the voice of the State; and if any man shall feel that it is for his pride too deep a humiliation, or for his ambition too great an impediment, to submit to the deliberate verdict of the majority, let him at least summon to himself the grace and the decency to go somewhere else, where minorities can at least more successfully tyrannize than they

" For myself, if the question be fairly and fully submitted, ("as I doubt not it will be, when the committee come to consider and perfect their report,^ I will not only acquiesce in the judgment of a majority here, but if the majority of my State are even found against me at the election, I will still acquiesce, either by acting with that majority at home, or going away and leaving the contest to others. I ask but this of other men, in my district and" my State, as the ground alone upon which our unhappy complications can find their solution without the shedding of neighboring, perhaps even of kindred blood ! Who, I repeat the inquiry, will be found so wickedly devilish as to oppose himself to this ? ***** * *

" Surely, Mr. President, were I situated as the present Executive is, I could desire nothing more ardently than to be permitted to thus join in an appeal to the people of my State for the vindication of my measures and my conduct, and be thus either strengthened and confirmed in my position, as the result of the general public judgment, or be relieved from it entirely. Does he allege (as, of course, he does) that his measures have been taken in accordance with his best judgment of what was required by the interests and honor of his State"? The verdict of the people at the ballot-box, as between himself and his competitor, will be but the judgment of his State, to which (as well as the whilom friend who thus speaks of him) he owes all he has and is, and for whose sake he ought to be as ready to lay down the duties of an office as he has been to assume them. Nay, more - he need not be a candidate at all ; for unless our ordinance of deposition be ratified